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100416 - Regular Meeting
Diamond City Council Agenda 5:30 p.m. Study Session - Room CC -8 6:30 p.m. Regular Meeting The Government Center South Coast Air Quality Management District/ Main Auditorium 21865 Copley Drive, Diamond Bar, CA 91765 Nancy A. Lyons Jimmy Lin Mayor Mayor Pro Tem Carol Herrera Ruth M. Low Steve Tye Council Member Council Member Council Member City Manager James DeStefano • City Attorney David DeBerry • City Clerk Tommye Cribbins Copies of staff reports or other written documentation relating to agenda items are on file in the Office of the City Clerk, and are available for public inspection. If requested, the agenda will be made available in an alternative format to a person with disability as required by Section 202 of the Americans with Disabilities Act of 1990. If you have questions regarding an agenda item, please contact the City Clerk at (909) 839-7010 during regular business hours. In an effort to comply with the requirements of Title 11 of the Americans with Disabilities Act of 1990, the City of Diamond Bar requires that any person in need of any type of special equipment, assistance or accommodation(s) in order to communicate at a City public meeting, must inform the City Clerk a minimum of 72 hours prior to the scheduled meeting. Have online access? City Council Agendas are now available on the City of Diamond Bar's web site at www.CityofDiamondBar.com Please refrain from smoking, eating or drinking in the Council Chambers. The City of Diamond Bar uses recycled paper and encourages you to do the same. I DIAMOND BAR CITY COUNCIL MEETING RULES Welcome to the meeting of the Diamond Bar City Council. Meetings are open to the public and are broadcast live on Time -Warner Cable Channel 3 and Frontier ROS television Channel 47. You are invited to attend and participate. PUBLIC INPUT Members of the public may address the Council on any item of business on the agenda during the time the item is taken up by the Council. In addition, members of the public may, during the Public Comment period address the Council on any Consent Calendar item or any matter not on the agenda and within the Council's subject matter jurisdiction. Persons wishing to speak should submit a speaker slip to the City Clerk. Any material to be submitted to the City Council at the meeting should be submitted through the City Clerk. Speakers are limited to five minutes per agenda item, unless the Mayor determines otherwise. The Mayor may adjust this time limit depending on the number of people wishing to speak, the complexity of the matter, the length of the agenda, the hour and any other relevant consideration. Speakers may address the Council only once on an agenda item, except during public hearings, when the applicant/appellant may be afforded a rebuttal. Public comments must be directed to the City Council. Behavior that disrupts the orderly conduct of the meeting may result in the speaker being removed from the Council chambers. Agendas for regular City Council meetings are available 72 hours prior to the meeting and are posted in the City's regular posting locations, on DBTV Channel 3, Time -Warner Cable Channel 3, FiOS television Channel 47 and on the City's website at www.ci.diamond-bar.ca.us. A full agenda packet is available for review during the meeting, in the foyer just outside the Council chambers. The City Council may take action on any item listed on the agenda. ACCOMMODATIONS FOR THE DISABLED A cordless microphone is available for those persons with mobility impairments who cannot access the podium in order to make a public comment. Sign language interpretation is available by providing the City Clerk three business days' notice in advance of a meeting. Please telephone (909) 839-7010 between 7:30 a.m. and 5:30 p.m. Monday through Thursday and 7:30 a.m. to 4:30 p.m. on Fridays. HELPFUL PHONE NUMBERS Copies of agendas, rules of the Council, Video tapes of meetings: (909) 839-7010 Computer access to agendas: www.ci.diamond-bar.ca.us General information: (909) 839-7000 CITY OF DIAMOND BAR CITY COUNCIL AGENDA October 4, 2016 Next Resolution No. 2016-36 Next Ordinance No. 06(2016) STUDY SESSION: 5:30 p.m., Room CC -8 No. Proposition 64 —Adult Use of Marijuana Act (AUMA) - Report from Staff and City Attorney. ► SR57/SR60 Confluence, Supplemental Needs Study, Public Comments CALL TO ORDER: PLEDGE OF ALLEGIANCE: INVOCATION: ICZ61I WN -114 W APPROVAL OF AGENDA: 6:30 p.m. Mayor Shaykh Nomaan Baig, Institute of Knowledge Council Members Herrera, Low, Tye, Mayor Pro Tem Lin, Mayor Lyons Mayor 1. SPECIAL PRESENTATIONS, CERTIFICATES, PROCLAMATIONS: 1.1 Presentation of City Tile to Capt. Jeff Scroggin for his service at the Diamond Bar/Walnut Station. 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. OCTOBER 4, 2016 PAGE 2 BUSINESS OF THE MONTH: 1.2 Presentation of City Tile to See's Candies, 1117 Grand Avenue, Business of the Month, October, 2016. 2. CITY MANAGER REPORTS AND RECOMMENDATIONS: 2.1 Introduction of Diamond BarANalnut Sheriff's Station's new Captain Al Reyes. 2.2 Introduction of Deputy German Perez. 2.3 Update on Restaurant Week October 8— 14, 2016. 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. 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 Diamond Bar Restaurant Week - October 8 — 14, 2016, 5.2 Planning Commission Meeting — October 11, 2016 — 7:00 p.m., Windmill Room, 21810 Copley Drive. 5.3 General Plan Advisory Committee — October 12, 2016 — 6:30 to 8:30 p.m., Windmill Community Room, 21810 Copley Drive. 5.4 Traffic and Transportation Commission Meeting — October 13, 2016 — 7:00 p.m., Windmill Community Room, 21810 Copley Drive. 5.5 Barktoberfest — October 15, 2016 — 9:00 a.m. — 1:00 p.m., 738 Pantera Drive. 5.6 City Council Meeting — October 18, 2016 — 6:30 p.m., AQMD/Government Center Auditorium, 21865 Copley Drive. OCTOBER 4, 2016 6. CONSENT CALENDAR: PAGE 3 6.1 Waive reading in full of all ordinances and resolutions and adopt the Consent Calendar. 6.2 City Council Minutes — Regular Meeting of September 20, 2016 Recommended Action: Approve. Requested by: City Clerk 6.3 Traffic and Transportation Commission Minutes — Regular Meeting of July 14, 2016. Recommended Action: Receive and File. Requested by: Public Works Department 6.4 Parks and Recreation Commission Minutes — Regular Meeting of July 28, 2016. Recommended Action: Receive and File. Requested by: Parks and Recreation Department 6.5 Planning Commission Minutes — Regular Meeting of July 26, 2016. Recommended Action: Receive and File Requested by: Community Development Department 6.6 Ratification of Check Register — Dated September 15, 2016 through September 28, 2016 totaling $1,548,966.28. Recommended Action: Ratify. Requested by: Finance Department 6.7 Treasurer's Statement— Month of August, 2016. Recommended Action: Approve. Requested by: Finance Department OCTOBER 4, 2016 PAGE 4 6.8 Appropriate Traffic Impact Mitigation Funds in the Amount of $20,000 to the Fiscal Year 16-17 Capital Improvement Program (CIP) Budget; Adopt Resolution No. 2016 -XX Approving Plans and Specifications and Establishing a Project Payment Account and Award a Contract for the Construction of the Grand Avenue/Diamond Bar Boulevard Street Clock and Median Improvements Project to CEM Construction Corp. in the Amount of $64,770; Plus a Contingency Amount of $7,230 for a Total Authorization of $72,000. Recommended Action: Appropriate, Adopt, Approve and Award. Requested by: Public Works Department 6.9 Adopt Resolution No. 2016 -XX: A Joint Resolution with the Board of Supervisors of the County of Los Angeles, the City Council of the City of Pomona and the City Council of the City of Diamond Bar, Approving and Accepting the Negotiated Exchange of Property Tax Revenue Resulting from the Reorganization of Territory known as City of Pomona Reorganization 2015-14, Consisting of Detachment of Territory from the City of Diamond Bar and Annexation to the City of Pomona and Withdrawal from the County Public Library System. Recommended Action: Adopt. Requested by: Community Development Department 6.10 Approval of Professional Engineering Services Contract for On -Call Soils and Geotechnical Engineering Services with (1) Leighton and Associates, Inc. (2) Ninyo and Moore; and, (3) Willdan Geotechnical for a Period of Three (3) Years. Recommended Action: Approve. Requested by: Public Works Department 6.11 Approval of On -Call Traffic and Transportation Engineering Services Contract with (1) DKS Associates; (2) Fehr & Peers; (3) Iteris; (4) Kimley Horn; (5) Sasaki Transportation Services; and (6) Stantec for a Period of Three of Years. Recommended Action: Approve. Requested by: Public Works Department OCTOBER 4, 2016 PAGE 5 7. PUBLIC HEARINGS: 7.1 Public Hearing — Adopt Resolution No. 2016 -XX: Amending the City's Community Development Block Grant (CDBG) Program for Fiscal Year 2016-17 to Reprogram Funds to the Morning Canyon ADA Parkway Improvements Project from the CDBG Unallocated Balance in the Amount of $225,000. Recommended Action: Receive Staff's Report, Open the Public Hearing, Receive Testimony, Close the Public Hearing, Discuss and Adopt. Requested by: Public Works Department 8. COUNCIL CONSIDERATION: None. 9. COUNCIL SUB -COMMITTEE REPORTS AND MEETING ATTENDANCE REPORTS/COUNCIL MEMBER COMMENTS: 10. ADJOURNMENT: STUDY SESSION NO DOCUMENTATION IS AVAILABLE - ORAL PRESENTATION BY STAFF AND CITY ATTORNEY Study Session CITY OF DIAMOND BAR SR5/SR60 CONFLUENCE, SUPPLEMENTAL NEEDS STUDY I . t/ Iv .A ..n 1 N .. 1 1 ..4 ♦ V 1 ..n V 1 1 1 .n 1 1 N.n 1 1 1 ...n .. 1 2.Develop future traffic volumes 3.Update Traffic Operations Model (VISSIM) 4.Quantify Transportation Benefits 5.Recommend Improvements for future study lj Ws P PARSONS • City of Diamond Bar City of Industry Caltrans WSP I Parsons Brinckerhoff Iteris ■WSP BR/NCKERHOFF • Criteria to evaluate feasibili and mobility benefits of improvements • Assess how well each alternative relieves congestion, improve circulation, safety, air quality j■ ws P BPARSONS IN K RHOFF V Am M WS P BR PARSONS Recommended Criteria Definition Calculation Data Source for Study Fobility and .. Change in vehicle miles traveled (VMT) saved ISCAG model/VISSIM ✓ Vehicle Hours of Delay SCAG model/VISSIM ✓ Improvementto system -wide trafficflow Savings in person hours traveled SCAG model/VISSIM ✓ Increased Goods Movement Qualitative ✓ Freeway Operation Improvementto level of service and/ortravel time Change in average travel time (SOV, HOV, trucks) by segment VISSIM ✓ Reduction in number of weaving maneuvers VISSIM/Qualitative ✓ Reduction in number of bottlenecks and improvements in ✓ Does the project reduce weavings and bottlenecks travel speed VISSIM Potential impact or improvement to traffic circulation on LOS improvement and/or vehicle queue reduction at the VISSIM ✓ Arterial Circulation arterials critical movements at ramp termini and key intersections Summarize accident rate along the freeways and number of accidents an the local system, and evaluate possible accident Caltrans, SWITRS, and VISSIM ✓ Safety Can the project potentially decrease accidents reduction based an proposed geometric improvements and or Qualitative traffic volumes Environmental Does the project reduce greenhouse gas emission GHG calculation using VMT measurement SCAG model/VISSIM ✓ Sustainability Number of ramps,bridges, soundwalls and otherstructures Constructability Potential impactsto freeway structures affect construction(restriping or widening)complexity and Aerial and land use data ✓ cost Project Cost Benefit/Cost Analysis Methodology consistent with TIGER grant requirements ✓ Am M WS P BR PARSONS -Alternative 1 - Providing direct freeway connectors between SR 57 and SR 60 on the northern end of the Confluence Alternative 2 - Creating a direct connection from westbound SR 60 to the Grand Avenue interchange Alternative 3 - Addressing HOV connections between SR 57 and SR 60 on the southern end of the Confluence Alternative 4 - Extending the HOV facility on SR 57 through and north of the Confluence jMMWSp BR NC ERHOFF FIV = uvIIu • Future network with all of the SR 57/SR 60 improvements currently planned (one model run) • Future network with all of the SR 57/SR 60 improvements currently planned, with each of the four concepts individually (four model runs) • Future network with all of the SR 57/SR 60 improvements currently planned, with four concepts together (one model run) WS P B NCKERHOFF 4 Existing HOV fac[Itty ends at Confluence Y T F 5 r L J�r t �: Irv, �6 � rJ 4�1� f • dn3Bt2 .+55 ..�.— `� - � i n +`' a Thffi-.ansa! croBar r Ra94 Y Lie rt glu_ 2. Missing direct connector from b WB SR 60 to Grand Avenue� ExlsHng wearing movements at, Confluence: Grand Avenue %,4 ' _s A access and freeway connections 9 Inset 1 AW, aox x W �t ao xa se sis nescao y4Ytp HJW cme�ci: A L�'fi YC W 1 515[ SS Numher of Canes reduces from 17 outs of Cort1uenee to 14 at i Grand Avenue 3. Missang direct HOV-to-HC7V connectors from NB SR 57 to WB SR 60 and the reverse movement - 1. Massing direct freeway -to -freeway connectors from SS SR 57 to EB SR 60 and the reverse movement Inset 2 !;�,, S65l iT `. 51W &6 ,Msaw 61 Msen �f SR57/SR60 Alternatives flevation _ c n \ N' SR57/SR60 Alternatives Ifnrnrr�i�io Z _ �r-lr-IrAccinn I-I(l\/ r,nnnA�tinnc hr�t�niPPn FV Alternative 4 - Extending the HOV facility on SR 57 through and north of the Confluence Widening of mainline for HOV ramps z Flavatinn of rnnnartnr IV►CC I II ly I U11 I l vl I I 11. k.)UV I yi VpCI. I, preliminary findings, next steps Public Meeting #1 (City of Diamond Bar Presentation at City Council) Purpose: Outreach to local elected and staff to update on project progress and present preliminary analysis results. Discuss final process and next steps. Schedule: October 4th Composition: City council members and staff from cities of Diamond Bar and Industry 40 ■ WS P BR PARSONS MCC I I1 Iy I u II 11 ul 1 1 1 ULJVu I [JI upCl. I, report key findings, discuss next steps Public Meeting #2 (City of Diamond Bar Presentation at City Council) Purpose: Outreach to local elected and staff to present final findings and recommendations. Discuss final process and next steps. Schedule: December 2016 Composition: City Council members and staff from cities of Diamond Bar and Industry �BRCKE■WSP NRHOFF Meeting to inform about project, report key findings, discuss next steps Focused Briefing with Local and Regional Partners (LA Metro, City of Diamond Bar and SCAG Purpose: Outreach to management and related staff to present final findings, recommendations, and next steps. This meeting will discuss the potential role of Metro, SCAG and other stakeholders for the subsequent phases of the project and educate about potential funding needs. Schedule: December 2016 Composition: LA Metro management staff, City of Diamond Bar, SCAG management staff, consultant team. R■ WS P RINCK RHOFF /`\I IuIyJIJ l.�Vl I�.JICIGu - IVVVIZ;l I IUUI LV I V • Final Report -December 2016 Next Steps: • Work with stakeholders to secure funding for additional studies, preliminary engineering, environmental, etc. /lj WS P PARSONS Agenda #6.1 6.1 Waive reading in full for all ordinances and resolutions and adopt the Consent Calendar. There is no report for this agenda item. Agenda No. 6.2 MINUTES OF THE CITY COUNCIL REGULAR MEETING OF THE CITY OF DIAMOND BAR SEPTEMBER 20, 2016 [ON&F7 CALL TO ORDER: Mayor Lyons 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: Gene Doss provided the Pledge of Allegiance INVOCATION: Pastor Jake Kim, Northminster Presbyterian Church provided the Invocation. ROLL CALL: Council Members Herrera, Low, Tye and Mayor Lyons. Absent: Mayor Pro Tem Lin was excused. Staff Present: James DeStefano, City Manager; David DeBerry, City Attorney; Ryan McLean, Assistant City Manager; David Liu, Public Works Director; Greg Gubman, Community Development Director; Dianna Honeywell, Finance Director; Kimberly Young, Senior Civil Engineer; Anthony Santos, Assistant to the City Manager; Marsha Roa, Public Information Manager; John Beshay, Associate Engineer; Amy Haug, Human Resources Manager; Alfa Lopez, Senior Management Analyst; Christy Murphey, Recreation Superintendent; Cecelia Arellano, Public Information Coordinator, and Tommye Cribbins, City Clerk. APPROVAL OF AGENDA: As presented. 1. SPECIAL PRESENTATIONS, CERTIFICATES, PROCLAMATIONS: 1.1 M/Lyons and City Council Members presented a Certificate Plaque to Public Works Director David Liu, in recognition of his 25 years of service to the City. 1.2 C/Tye and City Council Members proclaimed Friday, September 23, 2016 as "Vin Scully Day" in recognition of his 67 years of broadcasting the LA Dodger games. NEW BUSINESS OF THE MONTH: 1.2 C/Low and City Council Members presented a Certificate Plaque to the Store Manager and District Manager for Smart & Final Extra, 240 S. Diamond Bar Boulevard, as New Business of the Month for September 2016. SEPTEMBER 20, 2016 PAGE 2 CITY COUNCIL 2. CITY MANAGER REPORTS AND RECOMMENDATIONS: 2.1 Introduction of Deputy German Perez. (Rescheduled for a future meeting). 2.2 Update on the Diamond Canyon Park Project. CM/DeStefano reported that the park has taken longer to construct than anticipated due to scheduling difficulties and work left to be done by other bureaucracies in order for Lennar to be able to complete their items. During the past week the majority of those items have been resolved and Lennar is now able to move forward to complete the park. Tentatively, the official Grand Opening will be held on December 3rd. Also in October the City will be commencing the beautification project at the intersection of Diamond Bar Boulevard/Brea Canyon Road which is expected to be completed in December. CM/DeStefano spoke about how PWD/Liu has been a rock for the community as the City's second Public Works Director and has suffered through four City Managers. He and PWD/Liu have worked together for a very long time and PWD/Liu has witnessed about a dozen City Council elections, has worked with about 22 different Council Members during that time and has officiated at about 250 Traffic and Transportation Commission meetings and attended at least 500 City Council meetings. In addition, PWD/Liu thinks about Diamond Bar 24/7 which is about 9000 days that he has focused on the City. PWD/Liu is one of the most hard- working professionals he has had the pleasure to serve with. It has been CM/DeStefano's honor to work with PWD/Liu as he knows all of his colleagues, staff and others have experienced. CM/DeStefano hopes for many additional years with PWD/Liu at the helm. 2.3 Update on Restaurant Week October 8 through 14, 2016 AM/Lopez announced that there will be a total of 18 participating restaurants during Restaurant Week which begins October 8th. Restaurants will be offering some of their best deals of the year which is a perfect time for residents to enjoy a meal with friends and family while supporting local dining establishments. Diners are encouraged to visit the website www.dbrestaurantweek.com to view the most recent list of participants, special menus, "Dining out in Diamond Bar" videos and related news articles. Participating in Restaurant Week is very easy. Diners can click on the restaurant's dedicated page, view the restaurant's special menu offers and visit the restaurant of choice. Although it is not required, staff recommends making reservations for large parties. The website also includes a mapping feature where diners can select food by type and includes a feature that allows diners to subscribe to receive news articles regarding Diamond Bar Restaurant Week. Diamond Bar SEPTEMBER 20. 2016 PAGE 3 CITY COUNCIL Restaurant Week was created to spotlight the unique local cuisine that enhances the City of Diamond Bar as a dining destination. To achieve this effort, there were three goals for the event — 1) to highlight Diamond Bar's unique local flavors, 2) to increase restaurant visibility and 3) to assist restaurants in gaining new customers. There is time for other dining establishments to participate in Restaurant Week by filling out the easy registration form online and for a nominal fee, restaurants receive all of the benefits of the event promotions between now and October 14 which include bus shelter ads, advertising in local and regional papers, advertising with the local Chamber of Commerce, DB Connection articles and outdoor banners and various promotional items. The public is encouraged to support local dining establishments during this event promotion. 3. PUBLIC COMMENTS: Pui-Ching Ho, Diamond Bar Library, invited residents to join in the celebration of National Hispanic Heritage Month with an afternoon of traditional Mexican music with a live Mariachi performance on Saturday, September 24 at 3:00 p.m. The Red Cross will present an Emergency Preparedness Workshop on Thursday, September 29 at 6:30 p.m. The Diamond Bar Library and Friends of the Library are sponsoring another great month of activities in October based around a specific book "The Suspect" and suggested that everyone read the book before October to prepare for participating in the fun and interesting activities planned for the month that include a Canine program for children on October 1 at 10:30 a.m., an Arts and Journal Workshop at 2:00 p.m. Allen Wilson, a 20 year resident, takes Foothill Transit to various areas and noticed that some areas have bus benches while others have bus shelters and asked if the City could work with Foothill Transit to convert the benches to shelters. Kashal Sonawala spoke about development projects in the City and said he had heard from local residents that they want to know what is happening with certain properties in Diamond Bar such as Kmart, Diamond Jim's, and Diamond Bar Honda as well as issues including water conservation and unsightly properties. Individuals have also expressed concerns with delayed traffic signals at the intersection of Diamond Bar Boulevard and Grand Avenue, Diamond Bar Boulevard and the SR60 and Diamond Bar Boulevard and Golden Springs Drive and Prospectors Drive. He also believed that curfews should be extended to 11:00 p.m. through 6:00 a.m. for youth. 4. RESPONSE TO PUBLIC COMMENTS: C/Herrera said that she is on the executive board for Foothill Transit and said she would communicate the request for shelters to find out if money is available for this type of conversion. SEPTEMBER 20, 2016 PAGE 4 CITY COUNCIL CM/DeStefano explained that the bus benches are not provided by Foothill Transit but by the bus shelter company the City contracts with as it has done for many years, basically in exchange for the advertising they provide as well as, private and public advertising for which the City receives the benefit. The company provides the benches and shelters pursuant to the City's design and typically the shelters are located on the more heavily pedestrian oriented portions of the community where there is a higher intensity of people who might use public transportation. With respect to the location that was referenced, the City through Foothill Transit will look at the area to determine whether it makes sense to provide a shelter versus a bench. If the answer is yes, the City would work with the bus shelter company to complete the transition. Foothill Transit is principally responsible for location of the bus stops. Regarding economic development and projects in the City referred to by a speaker, some are stalled and not likely to move forward in the near future. Some are moving along behind the scenes and are now ready to come forward in a more formal public constructed manner. For example, Kmart has been closed for a few years and has been owned by the same property owner for 12- 15 years and will be transformed into about four or five new stores. Some of the existing building will be retained but it will not look anything like the box that is seen today. He knows for certain that there will be a very well-known national grocery store operator at that location which was so interested in Diamond Bar that they almost outbid Smart & Final for the old Haggen space. Thankfully, this operator spent additional time looking at Diamond Bar and worked a deal with the Charles Company that owns the Kmart property and the City will hopefully see that grocery store operator on site in about a year. In addition, a nationally known pet store operation, a nationally known soft goods clothing store operation, a nationally known Mexican -oriented limited service restaurant and a well-known regional coffee house will be at that location. Many people believe that the Kmart property extends from Gentle Springs to Golden Springs and from Diamond Bar Boulevard to the back of the Kmart building, but it does not. The Kmart property is basically just the Kmart building and the empty parking lot. Everything else on that site is basically separate parcels with separate ownerships. The Kmart property owner is working with some of those adjacent separately owned properties to try and build a larger center piggybacking on what the public will see completed at about this time next year. McDonalds is one of the separately owned properties and will completely tear down the existing restaurant and build a brand new state-of-the-art restaurant. McDonalds submitted plans today and will be at the public review level prior to going to the Planning Commission in about three to four months with construction commencing when possible in 2017. The Kmart project is headed to the Planning Commission in October for a public hearing and should the Planning Commission approve the project, construction will begin almost immediately thereafter with the properties reverting to the new operators in about May 2017 for construction of tenant improvements. Again, the anticipated delivery date is about this time next year. SEPTEMBER 20, 2016 PAGE 5 CITY COUNCIL The Diamond Jim property was for many years a gas station which turned into a drive-through dairy. The property owner sold to a developer who received approval for 9 condominium units. Once the developer began digging they found contaminated soil from the old gas station and since that time, the developer has been stalled in the process to get approvals of their plan to "clean" the soil to allow humans to inhabit the buildings. Most recently in May the report was submitted to the Water Quality Control Board and is awaiting approval. Once the report is approved the contractor can begin that work prior to building the condominium project. The Diamond Bar Honda/Burger King site is owned by a developer who purchased it just prior to the recession and has been struggling since that time to put a project on the land. At this time the owner is working with the City toward construction of a hotel anchored development. The City Council rezoned the property about three years ago in order to focus attention on a hotel anchored project. There is still market -share for such a project and discussions continue. The road immediately adjacent to the property is technically owned by the City of Industry and Diamond Bar is working with the City of Industry to try to have that road turned over to the City of Diamond Bar so that the City can work with the developer to create a slightly larger site for a slightly larger hotel anchored project. Just today he received a voice message from the architect talking about his moving forward with the plans for that project but this is a project that is many months or a couple of years from being submitted to the City for possible approval to commence construction. There has been interest from the Hilton, Marriott, and WoodSprings Executive Suites and others for a business/freeway oriented hotel project of at least 120 rooms with ancillary uses such as offices, etc. Staff will need to look at the matter of dry front yards on a case-by-case basis. While there are standards for yard maintenance the City has been a bit more lenient in the past year or so that it has had a drought mandate (water reduction mandate) from the state. While the yard can be dry there are maintenance requirements that come into play. With respect to traffic signals, PWD/Liu has remained on top of traffic related issues, transportation matters, vehicle and pedestrian goods movement during the past 25 years and his creation of the Traffic Management System inside City Hall is a rare component for cities the size of Diamond Bar. Grand Avenue has been affected greatly by the recent opening of Mt. SAC and the new population at that location. A few days ago there was a traffic signal in Walnut near Mt. SAC that shut Grand Avenue down from that location in Walnut to Golden Springs in Diamond Bar. In addition, Caltrans has jurisdiction over signals for the on and off ramps that are under construction and has reset all of those signals which has had an impact on traffic as well. SEPTEMBER 20, 2016 PAGE 6 CITY COUNCIL 5. SCHEDULE OF FUTURE EVENTS: 5.1 Parks and Recreation Commission Meeting — September 22, 2016 — 7:00 p.m., Windmill Community Room, 21810 Copley Drive. 5.2 Planning Commission Meeting — September 27, 2016 — 7:00 p.m. Windmill Community Room, 21810 Copley Drive. 5.3 City Council Meeting — October 4, 2016 — 6:30 p.m., AQMD/Government Center Auditorium, 21865 Copley Drive. 5.4 Diamond Bar Restaurant Week Celebration — October 8 through 14, 2016. 6. CONSENT CALENDAR: C/Herrera moved, C/Low seconded, to approve Consent Calendar as presented with the exception of Item 6.8 pulled by C/Tye. Motion carried by the following Roll Call vote: AYES: COUNCIL MEMBERS: Herrera, Low, Tye, M/Lyons NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: MPT/Lin 6.1 WAIVE READING IN FULL OF ALL ORDINANCES AND RESOLUTIONS AND ADOPT THE CONSENT CALENDAR. 6.2 APPROVED CITY COUNCIL MINUTES: (a) Special General Plan Update Kickoff Joint Meeting with Planning Commission of August 10, 2016. (b) Regular Meeting of August 16, 2016. 6.3 RECEIVED AND FILED TRAFFIC AND TRANSPORTATION COMMISSION MINUTES for the Regular Meeting of July 14, 2016. 6.4 RATIFIED CHECK REGISTER — dated August 11, 2016 through September 14, 2016 totaling $2,131,130.81 6.5 APPROVED TREASURER'S STATEMENT for the Month of July 2016. 6.6 WAIVED SECOND READING AND ADOPTED ORDINANCE NO. 05(2016) REVISING THE CITY'S PURCHASING SYSTEM, AMENDING THE DIAMOND BAR MUNICIPAL CODE, AND RESCINDING ORDINANCE NO. 07(2014) IN ITS ENTIRETY. 6.7 APPROVED AGREEMENT WITH LOS ANGELES SMSA LIMITED PARTNERSHIP, DBA VERIZON WIRELESS, TO CONSTRUCT A WIRELESS COMMUNICATIONS SITE AT PANTERA PARK. SEPTEMBER 20, 2016 PAGE 7 CITY COUNCIL 6.9 ADOPTED RESOLUTION NO. 2016-34: AMENDING FISCAL YEAR 2016-17 BUDGET IN THE PARKS AND RECREATION DEPARTMENT. 6.10 APPROVED AMENDMENT NO. 2 TO THE CONSULTING SERVICES AGREEMENT FOR STORMWATER COMPLIANCE AND ENVIRONMENTAL ENGINEERING SERVICES WITH JOHN L. HUNTER & ASSOCIATES FOR A TOTAL AMOUNT OF $74,250 PLUS A CONTINGENCY AMOUNT OF $7,000. 6.11 ADOPTED RESOLUTION NO. 2016-35: APPROVING AND ORDERING THE SUMMARY VACATION OF A PORTION OF A 50' WIDE EASEMENT FOR A FUTURE STREET AND A PORTION OF A 20'— 50' WIDE EASEMENT FOR SLOPE PURPOSES WITHIN LOT 130, TRACT NO. 30578, LOCATED WESTERLY OF TIMBERTOP LANE AND SOUTHERLY OF LAZY MEADOWS DRIVE (LOT 130 OF TRACT NO. 30578 IN THE COUNTRY ESTATES). 6.12 APPROVED FISCAL YEAR 2017 APPROPRIATION ADJUSTMENT FOR CARRY FORWARD EXPENDITURES, SPECIAL REVENUE FUNDS CARRYOVERS, CAPITAL PROJECT CARRYOVERS, FISCAL YEAR 2015-16 FINAL ADJUSTMENTS AND THE ESTABLISHMENT OF A NEW FIDUCIARY FUND. MATTERS WITHDRAWN FROM CONSENT CALENDAR: 6.8 APPROVAL OF FULL EXONERATION OF SURETY BOND NO. 92959037 TO COMPLETE IN -TRACT PRIVATE STREET IMPROVEMENT; REDUCTION OF 75% OF SURETY BOND NO. 929598539 TO COMPLETE PUBLIC STREET IMPROVEMENTS; REDUCTION OF 75% OF SURETY BOND NO. 929598537 TO COMPLETE PRIVATE AND PUBLIC STREET LIGHT IMPROVEMENTS; REDUCTION OF 75% OF SURETY BOND NO. 929598541 TO COMPLETE LANDSCAPE IMPROVEMENTS; REDUCTION OF 75% OF SURETY BOND NO. 92959840 TO COMPLETE TRAFFIC SIGNAL IMPROVEMENTS; AND, REDUCTION OF 90% OF SURETY BOND NO. 929582966 TO COMPLETE SEWER IMPROVEMENTS FOR TRACT NO. 72295 (WILLOW HEIGHTS LOCATED AT THE SOUTHEAST CORNER OF DIAMOND BAR BOULEVARD AND BREA CANYON ROAD). C/Tye said he believed that when the City focuses on certain projects he believes other things could fall through the cracks such as the northeast corner of Diamond Bar Boulevard and Brea Canyon Road where the utility company dug into the sidewalk and cut through the median. He wanted to be sure that the portion of sidewalk on the Good Time Donut side that was currently filled with asphalt is not forgotten. SEPTEMBER 20, 2016 PAGE 8 CITY COUNCIL PWD/Liu responded that there have been numerous activities at that intersection and the areas of concern is on staff's list and either the contractor or City staff will take care of it during the upcoming project. As CM/DeStefano mentioned earlier, as part of the intersection enhancement project a new paver crosswalk and decorative poles will be installed similar to the Diamond Bar Boulevard/Grand Avenue intersection. C/Tye moved, C/Low seconded, to approve Item 6.8 as presented. Motion carried by the following Roll Call vote: AYES: COUNCIL MEMBERS NOES: COUNCIL MEMBERS ABSENT: COUNCIL MEMBERS 7. PUBLIC HEARINGS: None. 8. COUNCIL CONSIDERATION: Herrera, Low, Tye, M/Lyons None MPT/Lin 8.1 ADOPT RESOLUTION NO. 2016-36; CREATING THE GENERAL PLAN ADVISORY COMMITTEE (GPAC), AND ESTABLISHING COMMITTEE RULES AND PROCEDURES. CM/DeStefano stated that both Item 8.1 and 8.2 involve the General Plan Update Project and the General Plan Advisory Committee (GPAC). CDD/Gubman presented staff's report for Item 8.1 stating that tonight the City Council will be asked to ratify the nominations to the GPAC. Before doing so, staff recommends that the City Council adopt a set of Rules and Procedures for membership and participation in the GPAC. The Resolution provided in the Council's Agenda packet seeks to fulfill three primary objectives: 1) Establishing criteria for present and future appointments to the GPAC as well as, the eventual dissolution of the committee; 2) define the role of the GPAC and its members; and, 3) to establish the parliamentary procedures for the GPAC meetings. Each GPAC member will receive a copy of the Rules and Procedures to serve as their guide when participating in committee activities. Staff recommends that the City Council adopt the attached Resolution. C/Low asked if member service on the GPAC falls under the Brown Act with respect to Conflict of Interest and Communication Regulations. CA/DeBerry responded that GPAC members fall under the Brown Act; however, with respect to Conflict of Interest regulations under the Political Reform Act, since they are strictly advisory committee they do not fall under that provision and will therefore not be asked to complete SEPTEMBER 20, 2016 PAGE 9 CITY COUNCIL Statements of Economic Interest. C/Low asked if GPAC members would receive training with respect to Brown Act requirements prior to serving on the Committee. CA/DeBerry said that they would receive training from staff. C/Low asked how GPAC members would be notified that they were being removed for failure to attend meetings. CA/DeBerry stated that the Council would be notified if a member of GPAC was not attending the meetings and the procedure would be for the Council to consider whether or not to remove that member and appoint a new member. If that member is removed, the Council Member who nominated that individual would then nominate a replacement for Council approval. C/Tye said that once the committee is put together and there is a procedure in place for removal for non-attendance, is there any consideration given to "behavior" should they be difficult to work with, make the meetings difficult, is there a procedure for dealing with that. CM/DeStefano responded that there is a provision for that which is entitled "Decorum" and speaks to that type of issue. The decision is ultimately the City Council's decision to remove someone who may not be behaving properly. C/Tye asked if the removal would require a super majority. CM/DeStefano responded "no". Fundamentally, this process follows the Council's process for appointing and removing Commissioners. Many of the provisions are the same and staff has highlighted the specifics because the City has not had a GPAC in 25 years and 25 years ago the Council was not astute enough to put together this type of detail in order to help appoint, guide and work with a GPAC over a multi-year period. Many of these things may feel new but they are actually mimicking what has been done for many years with the Council's Commissioners. CA/DeBerry expanded on C/Low's earlier question that while GPAC members are not subject to the Political Reform Act there is still a provision in the document with respect to the conflicts of interests and the Council is asking them that if they believe they have a financial conflict with a particular decision that is being made, i.e. if they own a business and the GPAC is recommending some type of General Plan Amendment to that location which might affect their business by enhancing or decreasing the value, they would be asked not to participate in that particular aspect. SEPTEMBER 20, 2016 PAGE 10 CITY COUNCIL Allen Wilson asked for clarification of the statement in the rules under "Political Activities" that "GPAC Membership shall not be used by members as a platform for political activity" and whether that meant the person could not boast their activity on GPAC if they intended to be a candidate for City Council in the next election. With respect to the meetings, "the Community Development Director will serve as parliamentarian" and parliamentarian requires a person with a sense of knowledge of parliamentarian rules and wondered if the Community Development Director was a certified parliamentarian. Regarding the section on Conflict of Interest "establishes that GPAC members shall excuse themselves from participating in any manner before the committee" and wondered if the GPAC members would be subject to filling out the Statement of Economic Interest form 700. When he served on the Diamond Bar Community Foundation he was required to fill out the Statement of Economic Interest form 700. Regarding the member attendance rule "if members miss two or more meetings they may be removed from GPAC' and his understanding that members are to attend nine meetings over a period of two -three years. There are City Council members who have missed more than two meetings. With respect to interaction with staff and consultant and asked if email communications between members and staff would be public and subject to review and inspection. He strongly believes in government transparence and is the City Council planning to permit "ex -parte communications" between the public and GPAC or will it be banned. CA/DeBerry responded to the speaker regarding the prohibition against using appointments for political activities stating that the intent of this statement is for members not to represent themselves as a GPAC member when engaging in political activities. Obviously, if one is engaged in political activities outside of that group, they are asked not to do so as a representative of the City and the GPAC. CA/DeBerry stated that with respect to the question regarding "parliamentarian" the Community Development Director has been in enough public meetings that he can act sufficiently as a parliamentarian. Obviously, there is a very complicated rule that one can become engaged in such as Roberts Rule of Order, but when questions come up amongst members as to how to proceed, CDD/Gubman will be present to direct and advise the members. CA/DeBerry reiterated that since the GPAC Members are not subject to the Political Reform Act and because the GPAC is strictly an "advisory' committee, members are not required to provide a Form 700. CA/DeBerry pointed out that it is two or more "unexcused" absences that can qualify for removal. SEPTEMBER 20, 2016 PAGE 11 CITY COUNCIL CA/DeBerry said that with respect to interaction between members of the GPAC and the public, there is a prohibition against GPAC members directing staff and consultants to do certain things and there is a process wherein whatever concerns or questions GPAC members may have go to the Community Development Director who then determines whether or not to enlist staff and consultant time to address those issues. As far as interacting with the public it is a basic part of their job — members get input from the public and if those communications are in writing they may be subject to the Public Records Act Request, but if it is merely an oral communication the GPAC members are not being asked to apprise everyone about all of their conversations with every member of the public. All GPAC decision-making and advisory opinions will take place in a public meeting. C/Herrera moved, C/Tye seconded, to Adopt Resolution No. 2016-36: Creating the General Plan Advisory Committee (GPAC and Establishing Committee Rules and Procedures. Motion carried by the following Roll Call vote: AYES: COUNCIL MEMBERS: Herrera, Low, Tye, M/Lyons NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: MPT/Lin 8.2 CITY COUNCIL APPOINTMENTS OF GENERAL PLAN ADVISORY COMMITTTEE (GPAC) MEMBERS. CM/DeStefano stated that this item calls for Council to consider the nominees by each of the City Council Members and appoint those individuals as recommended by each Council Member to the GPAC body. This General Plan Update process began with the August 10 City Council meeting. Since that time staff proceeded to implement a considerable amount of publication and marketing regarding the General Plan Update project and the opportunity to serve on the Advisory Committee. There have been many public announcements. The September issue of The Diamond Bar Connection that is delivered to all 18,000 addresses in the City headlined the General Plan Project and headlined the opportunity for residents and interested parties to become members of the General Plan Advisory Committee. The City's website has a webpage for this effort that was completed by the consultant and can be viewed at www.diamondbargp.com. The website has all of the information regarding the project and will include minutes of all of the meetings including the City Council's Joint Session, GPAC meetings, future Commission meetings, Council meetings, etc. All of the information produced for the General Plan Advisory Committee's deliberative process will be a part of the webpage. There is currently additional information on the webpage that includes the 1995 existing adopted and completed General Plan and all of its components. Staff received 39 applications by the deadline. Each of SEPTEMBER 20, 2016 PAGE 12 CITY COUNCIL those 39 applications were provided to the City Council and after a complete review, made decisions for its recommendations as follows: C/Tye - Mehendra Garg, Brian Worthington, Joyce Young C/Low - Ching Liu, Victor Ramirez, Paul Sherwood C/Herrera - Larry Black, Amy Harbin, Gil Rivera MPT/Lin - David Busse, Cindy Liu, Tony Torng M/Lyons - Taruni Evans, Lee Mao, Mark St. Amant CM/DeStefano concluded staff's report and recommended that the City Council render its decision. Allen Wilson said the only thing he found in the agenda packet was a one- page report and why were there were no applications included for public review. He said he was concerned about applicant Tony Torng who is a school board member for Walnut Valley Unified School District and has been an elected official "on this body." He submitted that a member of the public who was not an elected official should hold a position on the GPAC. CM/DeStefano responded to the speaker that like the Council's Commission appointments, applications are solicited from interested parties for those positions and those applications are public and readily available. They are not often provided as part of the agenda packet. It is not a matter of "transparency" — in fact, the City Council is making the decision and the City Council has received all 39 applications for each of those applicant candidates/interested parties. As the speaker indicated, one member of the nominated body is an elected official for the Walnut Valley Unified School District and there is absolutely no prohibition on that type of an individual serving. In fact, Mr. Torng has been a member of the Diamond Bar community for many years and was a member and Chairman of the City's Planning Commission that deliberates on a variety of land use matters and served well for several years before he was successfully elected to the school board. All of the nominees come from a varied background and many, many of these names are well-known in the community because they are active members of the community. C/Tye said he cannot think of anything that is more transparent than holding a public meeting every first and third Tuesday and at 7:45 to 7:53 p.m. the choices are announced to serve in the role of General Plan Advisory Committee members. SEPTEMBER 20, 2016 PAGE 13 CITY COUNCIL C/Low added that of the 39 applications the City received she personally reviewed each of them. She looked at them very carefully and it is her hope and belief the Council has succeeded, in creating, if approved, a body that is diverse and with varying viewpoints that reflect the community. She hopes and believes the Council will have picked individuals who have vision and are creative and are able to communicate that excitement from the Planning Commission and City Council to the community. She thanked each and every applicant, many of whom she recognizes in the audience this evening, for the time and the effort spent in preparing their applications. She thanked the applicants for their love of Diamond Bar, their willingness to serve and the City is honored to have their involvement. Whether or not certain individuals are on the list, she hoped they would continue to step up and volunteer to serve the community. C/Herrera echoed C/Low's comments. C/Herrera is very impressed that 39 citizens of Diamond Bar wanted to take on this huge and important task on behalf of the City. For those whose names are not on the list there will be several public meetings where those individuals can come and give their public input which will be recorded and transmitted to the City Council. Council does not intend to exclude any individuals. Council will be hearing from GPAC members as well as members of the community who wish to express their views about the future of Diamond Bar. Cynthia Smith, a 30 -year resident, said she is not a disgruntled applicant for the GPAC. As a volunteer, she is very troubled because she knows that the Council Members and City Manager received a copy of her email to CDD/Gubman about the proper communication of the GPAC campaign. Having a marketing background and being a professional communicator she did not see anything in the process where it communicated the GPAC campaign consistently. There was a lot of miscommunication. For example, there were no documents posted on the City's website until she made a call and talked with CDD/Gubman personally to ask why the City did not have the General Plan posted on the website. After a long conversation which included her talking about the documents that citizens need to learn about so that they can make an informed decision and the next day there were fragmented portions of the General Plan posted on the Diamond Bar website. They were not the same documents that are now available on the professional website that now exists. The professional website was posted very late and very fragmented so overall, the recruitment for GPAC was very inconsistent. There were no translation buttons included to proceed to the professional website. Fifty- three percent of the residents speak another language. Overall, she was very disturbed to think that the recruitment process was not fair. She is disturbed after having a conversation with Mr. Torng at M/Lyons Wine Soiree party where he was talking about political aspirations. She is trying to learn about how Diamond Bar is making these decisions and whether it SEPTEMBER 20, 2016 PAGE 14 CITY COUNCIL is transparent and whether citizens need a fairer communication. If residents need to rely on the website it is not enough because no one received a hardcopy invitation to the GPAC. She is very concerned that there will be a fair hearing about these important decisions the City is facing in the future. CM/DeStefano responded to the speaker that as the Council and community is very well aware, this is a process that began just a month ago. Staff, as earlier reported, has been in the process of developing the dedicated webpage which was a contractual obligation of Dyett and Bhatia, the consultant engaged for this three -plus year effort. This is not a project that will come before the Commission and Council in the next couple of weeks. This is a very open, very transparent and very sustainable effort. One of the adjacent cities is completing their General Plan multi-year effort process and did not invite the public to have a General Plan Advisory Process — Diamond Bar did. It is not required. It takes time to build a proper website. The City put its website together first while the consultants were putting together a bit more polished website pursuant to their contract. These things take time and these pieces of information were layered into the website in order to provide more and more information to the public. Much of the information that is on the website and will be on the website is not required by law. The City of Diamond Bar does that because it is a very open and transparent organization and have been for many, many years. It is a bit disingenuous to decide that the City has not been transparent when the record for this City shows that it has been very transparent including the Mayor's comment tonight to a speaker providing two separate opportunities for five minutes of public communication. Most cities provide three minutes or less and Diamond Bar has always gone beyond what other cities do and what state law requires. During the time the websites were being built and providing information to the public, this too, was part of the communication process. And no, there was no "personalized" postcard to every household in the City. What was sent was an 11"x17" Diamond Bar Connection publication with 2/3rds of the entire front page dedicated to the General Plan Update process. Again, this is a three year effort that commenced just a month ago versus a one -day Barktober Dog Park event. There is a long way to go and not everyone who applied for the GPAC position will have been appointed. Some may be disappointed by not being selected, but this is an open process and staff would encourage anybody, whether they applied for the GPAC or not, to continue to participate, continue to attend meetings of which there will likely be a minimum dozen or so throughout the next three years, to participate by reviewing all of the information on the City's website, to communicate via all vehicles, traditional and otherwise that are available, throughout the life of this project. This has a long way to go. The Planning Commission is not likely to see this matter until late 2018 and the City Council is not likely to see this matter until early 2019. There is a lot of work ahead with a lot SEPTEMBER 20. 2016 PAGE 15 CITY COUNCIL of opportunity to talk about and debate issues and to reach a conclusion on recommendations and finally render decisions. This is the beginning of a very long process on what will be a very successful and very good process for the community as it looks toward the next 20 years. M/Lyons said it was a very difficult choice because all of the applicants were excellent. All of the City Council Members put a lot of time into picking three whereas most would have liked to pick five or ten. She believes the Council chose a committee that is representative of every facet of Diamond Bar including all ages, races, religions, families with children, individuals, business owners, retirees, homemakers, etc. And for those who were not selected the Council wants their input and those meetings will be publicized. This is a very lengthy process. C/Low said that the last speaker indicated she had a lengthy phone conversation with CDD/Gubman and provided an email to CDD/Gubman and Council Members. She asked how long the conversation was with Ms. Smith and whether or not CDD/Gubman was able to answer all of her concerns. CDD/Gubman estimated that the conversation lasted about 20 minutes. The email was accompanied by a letter that came via regular mail. The email was distributed via cc: to all of the City Council Members and a hard copy of the letter was addressed or cc'd to CM/DeStefano and City Council Members. He provided an email response to the questions and comments and feedback that were expressed in the email and letter and he received an acknowledgement from Ms. Smith thanking him for his response which he took to mean that his reply was acceptable. C/Low asked CDD/Gubman to reiterate that Ms. Smith seemed to be satisfied and appreciative of his responses to her concerns. CDD/Gubman said he would not want to project what her impression was but he did receive a written acknowledgement and thank you for replying without further communication, questions or concerns. C/Low said that for the speaker, Ms. Smith, to comment on what Mr. Torng told her in a social setting is difficult for C/Low to accept because Mr. Torng is not here to acknowledge or refute the comment. CA/DeBerry said that the speaker's comment that Mr. Torng might have political aspirations is not a criteria to not have political aspirations to be on the GPAC. The portion that relates to engaging in political activities refers to GPAC Members not to use their positions as a GPAC Member to represent themselves to the community as having some City position. There may be any number of people who have political aspirations and some may be more vocal about those aspirations. To the point of SEPTEMBER 20, 2016 PAGE 16 CITY COUNCIL hearsay, each Council Member can take a comment that someone said was made by somebody else and weigh that to whatever degree they chose and if they so choose, they can speak to the person who allegedly made the comment as well. Again, this is not saying that one cannot have political aspirations in order to be on the GPAC, it asks that individuals do not use their membership on the GPAC to further their own political ambitions. C/Low agreed with M/Lyons that there were excellent applicants and they are to be commended for efforts. C/Tye asked CM/DeStefano to recount the number of homes the Diamond Bar Connection went to. CM/DeStefano reiterated that the DBCONNECTION publication goes to every single address in the City which amounts to 18,000. C/Tye said he is frustrated that one person shows up to a meeting and complains they did not know about the meeting. He thinks back to the process the City went through in approving Site D and the Specific Plan and there were a couple of hearings with public outreach where the discussion included what the City would like to see and whether it should be all housing, commercial or a mix of commercial and housing and at the Castle Rock meeting about 75 people showed up and the complaint was that there were only 75 people there. His position at that time is what it is today that we should not discount the participation of 75 people that did show up because the entire community did not show up. 39 people submitted their application, 39 people were aware of the process and he has always seen a website as a "convenience" which he can access from his home or office. If anyone wants a copy of the current General Plan they can drop by City Hall and get it. It has been noticed and when he was cleaning out his desk recently he came across comments that as Mayor in March 2015 during the State of the City one of the focuses of the speech was the upcoming General Plan Update process. So in fact, this process started a year and a half ago and it has been discussed at meetings and he does not know how much more transparent a City can be. Meetings will be duly noticed. Anyone and everyone is allowed to participate and provide their input. He is comfortable with the process and appreciates the information. C/Herrera said this process concerns creating an Advisory Committee that will be discussing amongst themselves and taking input on the various portions of the General Plan which they will then forward to the City Council and all decisions will be made at this level. SEPTEMBER 20, 2016 PAGE 17 CITY COUNCIL CM/DeStefano stated that the GPAC will conclude its work and forward its advice and recommendations first to the Planning Commission. The Planning Commission will conduct hearings as deemed appropriate and the Planning Commission will then make formal recommendations to the City Council. It is the City Council's policy choice and the City Council is the final determining body, the final decision -maker and again, that final decision will be made sometime in the first quarter of 2019 if the process remains on schedule. C/Herrera said she did not know how much more transparent a City can get when ultimately, all of the information will be at the City Council meeting where the public is invited to participate and make comment. All City Council meetings are broadcast via television. One can find agendas and staff reports on the City's website. This is and will be a completely transparent process. C/Low moved, C/Herrera seconded, to ratify City Council Appointments for the General Plan Advisory Committee (GPAC) Members as stated and recorded during staff's presentation. Motion carried by the following Roll Call vote: AYES: COUNCIL MEMBERS: Herrera, Low, Tye, M/Lyons NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: MPT/Lin 9. COUNCIL SUBCOMMITTEE REPORTS AND MEETING ATTENDANCE REPORTS/COUNCIL MEMBER COMMENTS: C/Herrera attended the San Gabriel Valley Council of Governments Transportation meeting. The only item of action during the meeting was to elect a Chair and John Fasana from Duarte, who also happens to be the current Chair of Metro, was elected. SGVCOG is proud to have such a distinguished member serve as Chair of the Transportation Committee. The new Vice -Chair is Sam Pedroza from Claremont. A week ago she attended the APTA Conference (American Public Transportation Association) in downtown LA. She announced that the new Chair of the APTA National Committee Organization will be Doran Barnes who is currently the Executive Director of Foothill Transit which will be very good for southern California and Foothill Transit as it continues to apply for funds for Foothill Transit projects, one of which is the FTA application for a grant for $7.24 million which was awarded to Foothill Transit and will go toward building the Transit Center at Mt. SAC. Currently, Mt. SAC has participated in a College Pass Program which has been exceedingly successful with many students taking buses instead of driving their cars. When this center is created at Mt. SAC there will be an additional number of students who will be riding buses and reducing traffic around Mt. SAC which will be greatly appreciated. She again thanked the 39 individuals who applied to participate in the GPAC. There were a SEPTEMBER 20, 2016 PAGE 18 CITY COUNCIL lot of outstandingly talented folks who applied and the choices were difficult. She believes it will be an excellent advisory committee. She wished C/Low a Happy Birthday and commended her for spending her birthday by participating in tonight's meeting. C/Low thanked her colleagues for their good wishes. It is a pleasure to be here this evening. She was not able to attend the first General Plan Update Joint Meeting because she was visiting her son who was away at the university. She offered her comments and said it was exciting to be able to participate in this process. As she understands it, the General Plan is the overall umbrella and big picture of what the City is looking forward to doing in the future. In the interest of transparency, the entire minutes of that meeting is available in today's agenda package online. The way she sees the City going is in four points: The General Plan should be data driven based upon numbers and facts that are based on a retrospective look as well as a reliable forecast. The General Plan should embrace technology particularly in the area of circulation and traffic. The General Plan should have a vision for each of the 7 General Plan Elements (Land Use, Circulation, Housing, Open Space, Conservation, Noise and Safety) and the GPAC should consider combining these elements when fashioning their vision for the City's future. The General Plan should be distinctive and show that Diamond Bar is a leader. The City should be bold and innovative so that other communities can look to Diamond Bar for a vision of their cities. In combining land use and economic development the General Plan should consider thinking about them in a different way by envisioning what will serve the City in the future and make those ideas come to life by finding the proper locations. For example, much of the City's population is aging which means there will be a greater need for healthcare and the City will want to look at spaces that support and encompass healthcare such as hospitals, rehabilitation centers, etc., which in turn will bring economic development to the City. Another aspect is that the community will draw more young people (millennials) and their work habits should be considered — working at home, in their cars and shared joint spaces, so that offices and businesses can be catered to that lifestyle. She would like to combine Conservation and Open Spaces and as the City updates its Building Codes and Development Standards she would like GPAC to focus on conservation of the City's natural resources, education of the general population to conserve and participate in sustainability. She would like the City to put some teeth into policies for redevelopment by redistributing what people can do with respect to sizes of their homes and preservation of the natural resources. She would like for the City to expand the conservation efforts to its Sphere of Influence and to be as proactive as possible in that regard. She would like the City to show its commitment to mass transit and public transportation when it comes to Noise and Safety and to beef up the bus stops and shelters as part of that commitment. She would like the bike lanes to be increased as part of wellness and character. She would like safe crosswalks which also encourages wellness. Diamond Bar is a very scenic and well-maintained community which feeds into community character and a sense of place. Community standards should include art, identify of the City, creation of a town center with an eye SEPTEMBER 20, 2016 PAGE 19 CITY COUNCIL toward diversity in the future. She suggested that the City consider a "public garden" in space that is underutilized. She thanked FD/Honeywell for updating the purchasing contract and congratulated PWD/Liu for 25 years of service to the City and wished her Jewish friends and neighbors a joyous Rosh Hashanah celebration in October. C/Tye wished C/Low a Happy Birthday. He congratulated PWD/Liu on 25 years of service to Diamond Bar, a career of dedication and good work. As soon as he assumed the Parks and Recreation duties he was out at the Concerts in the Park to see what was happening. He knows that PWD/Liu loves what he does and Diamond Bar is a better community because it has him. He asked that tonight's meeting be adjourned in memory of Carol Perez who passed away suddenly and unexpectedly last week. Carol had the most joyous smile and effervescent personality and no one had a bad word to say about her. She was a person who felt that strangers were just a friend she had not met yet. She leaves behind her husband David and sons Manny and Michael and he hoped everyone would keep them in their prayers as the family learns to live without their mother and wife, daughter and sister. M/Lyons reported that on September 10 she participated in a panel discussion regarding the Vision for Libraries in the Future. The head county librarian listened to comments and made notes. Her number one request for the Diamond Bar Library was to have the library open earlier in the summer to better support school children and teens. Last week she and C/Tye participated in Diamond Bar Day at the Fair and recognized the 2016 Diamond Bar Community Heroes Jeanette Shapiro, Debbie Avila -Mott and Cyrus Hung. She thanked City staff and especially CSC/Tarazon for staffing and coordinating the event. Restaurant Week is very exciting. There are now 18 restaurants participating which begins October 8. She previously committed to eating at every one of the 12 restaurants that were participating at the time and she now hopes to eat at all 18. Each restaurant offers different and unique local flavors. Join the Council and community in patronizing the participating restaurants. She closed the meeting by honoring Vin Scully, a great man who got it right when he said "as long as you keep smiling you will live because it brightens everyone's day. ADJOURNMENT: With no further business to conduct, M/Lyons adjourned the Regular City Council Meeting at 8:31 pm in honor of Vin Scully, and in memory of Carol Perez. TOMMYE CRIBBINS, CITY CLERK SEPTEMBER 20, 2016 PAGE 20 CITY COUNCIL The foregoing minutes are hereby approved this day of 2016. NANCY LYONS, MAYOR Agenda No. 6.3 CITY OF DIAMOND BAR MINUTES OF THE TRAFFIC AND TRANSPORTATION COMMISSION MEETING JULY 14, 2016 � Vice-Chair/Mehta called the meeting to order at 7:00 p.m. in the Diamond Bar City Hall Windmill Community Room, 21810 Copley Drive, Diamond Bar, California 91765. eC7rwnom Absent: Also Present: Commissioner Garg led the Pledge of Allegiance Commissioners Mahendra Garg, Shokoufeh Mirzaei, Cynthia Quan, and Vice -Chair Surendra Mehta Chairman Ed Pechy was excused David Liu, Public Works Director; Kimberly Young, Senior Civil Engineer; Christian Malpica, Associate Engineer; Fabian Aoun, Assistant Engineer; and Marcy Hilario, Administrative Coordinator. A. Minutes of the June 9, 2016 Regular Meeting C/Quan moved, C/Mirzaei seconded, to approve the Regular Meeting Minutes of the June 9, 2016. Motion carried by the following Roll Call vote: AYES: COMMISSIONERS: Garg, Quan, VC/Mehta NOES: COMMISSIONERS: None ABSTAIN: COMMISSIONERS: Mirzaei ABSENT: COMMISSIONERS: Chair/Pechy II, PUBLIC COMMENTS: None IIID ITEMS FROM STAFF: A_ Receive and File Traffic Enforcement Updates for: 1. Citations: April, May and June 2016 2. Collisions: April, May and June 2016 3. Street Sweeping: April, May and June 2016 JULY 14. 2016 PAGE 2 T&T COMMISSION C/Quan noted the trend in increasing number of parking citations for street sweeping. PWD/Liu responded that there is additional parking enforcement support, which results in more citations issued this year. Typically, 200 to 300 tickets were issued each month by one parking enforcement officer. VC/Mehta asked if people could be educated more to reduce the amount of citations. PWD/Liu explained that when it comes to enforcement or any services that involve programs in the City, education is an on-going process. He further added that staff regularly reminds the public about street sweeping schedules, as well as working with the City to remain vigilant about obstructing these services by parking on the streets. PWD/Liu said he believes the fine amount for street sweeping violations is comparatively lower than other communities, which may be a reason that residents continue to pay the fine of $40 rather than comply. In addition, violations are issued to only those vehicles that are obstructing the street sweeper. If a vehicle is parked on the street during that four-hour window, but is not obstructing the street sweeper, that vehicle will not be cited. This is about working with residents to help keep their streets clean and free of debris, all of which are explained on a regular basis. C/Garg asked how much revenue the City collects from street sweeping parking citations. PWD/Liu replied that he would provide that information at the next meeting. VC/Mehta moved, C/Quan seconded, to receive and file the Traffic Enforcement Updates for April, May and June 2016. Motion carried by the following Roll Call vote: AYES: COMMISSIONERS: Garg, Mirzaei, Quan, VC/Mehta NOES: COMMISSIONERS: None ABSENT: COMMISSIONERS: Chair/Pechy OLD BUSINESS: None NEW BUSINESS: None STATUS OF PREVIOUS ACTION ITEMS: None ITEMS FROM COMMISSIONERS: None INFORMATIONAL ITEMS: A. Traffic Signal Infrastructure Upgrades Project, Phase 1 & Phase 11 — AE/Malpica reported that sixty percent (60%) of the Phase I project has been. completed, including 90 percent (90%) of fiber optic cable installation, with the exception of a portion along Pathfinder Road. The project has been placed on hold, awaiting delivery of additional communication equipment expected by JULY 14, 2016 PACE 3 T&T COMMISSION July 28t'. Traffic will continue to be monitored once work resumes. The project is scheduled to be completed by the end of August. Also, our traffic engineering consultant has completed 90 percent (90%) of the Phase II draft design plans, which are scheduled to be delivered to staff next week. B. Adaptive Traffic Control Signal System — RFP - AE/Malpica shared that staff has reviewed proposals from five (5) consultants. Based on the review, three (3) consultants were invited for interviews on July 11 at City Hall. These interviews will allow staff to ask additional detailed questions related to the consultant's scope of work, which will allow staff to select the final consultant to assist staff in the procurement/implementation plan for the system. Once the consultant has been selected, the contract will be presented to the City Council at its meeting of August 16. C. Copley Drive/Golden Springs Drive Intersection Enhancements — AE/Malpica stated that The Request for Proposal will be sent out to consultants by next week, with a due date of August 10th D. Edison Project at Diamond Bar Boulevard/Golden Springs Drive — AE/Malpica indicated that the Edison contractor has completed the backfill of _ the trenches and sidewalk restoration along Diamond Bar Boulevard, south of Golden Springs Drive. The work area along Golden Springs Drive, at the Diamond Bar Boulevard intersection, is on hold until the final power outage is conducted on July 20th, after which final restoration work will be completed. The following week, travel lanes are scheduled to be re -opened prior to the opening of the school year. E. Area 4 Road Maintenance Project— PWD/Liu reported that the contract for this project has been agendized for the City Council's July 19th meeting. Staff - is recommending award of construction contract to All American Asphalt for this neighborhood which lies north of Pathfinder Road and west of the SR -57 (north western portion of the City). The goal is to complete the portion around the Walnut Elementary School area prior to the beginning of the school year or on weekends if school has resumed fall session. SCE/Young introduced Assistant Engineer, Fabion Aoun, who comes from.. David Evans & Associates and is in his third week with the City. AE/Aoun has a great depth of experience in engineering, which has already come into vital importance and play in one of the City's critical projects. Staff is excited to have AE/Aoun on board and will he be a great addition to the Diamond Bar staff. F. Willow Heights Update — SCE/Young shared that this project is nearing completion. The developer is looking to obtain final approval on the last three units within the development and is also working on all final "punch list" items with respect to sidewalks, pavement, etc. The park is also nearing completion. The pedestrian bridge that provides a path over the flood control channel, from. one side of the park to the trail area, and tot lot play equipment has been JULY 14, 2016 PAGE 4 T&T COMMISSION permitted and is under construction. Once completed, this will conclude construction. However, the maintenance period required for the landscape improvements will remain underway and while the park may appear to be completed, it will need to proceed through the mandatory maintenance period prior to the City accepting the park. The off-site street improvements are', awaiting the Edison utility pole relocations and removals. Once the poles are removed, final roadway widening along Brea Canyon Road and Diamond Bar Boulevard will be completed. VC/Mehta asked about an opening date for the park. SCE/Young responded that staff is working with the developer to determine whether the park will open in August/September. G. Entry Monuments at Diamond Bar Boulevard/Temple avenue and Golden Springs Drive/Calbourne Drive — SCE/Young indicated that these . monuments are currently under design. Completion is anticipated shortly so that plans and specs can be finalized and go out to bid. The goal is to maintain the current design; however, because it is a different location with different median widths and roadway curvature, the architect needs to find the most ideal positioning for the monument and depending on the width of the median, alterations may be needed to accommodate the width of the median. In addition, the electrical wiring and irrigation needs to be designed to accommodate the new lighting and plants that will be installed. H. Morning Canyon Road Rehabilitation Project— PWD/Liu relayed that plans and specs are being finalized and staff intends to begin advertising in the next week or two. It is anticipated that Council can award the construction contract at their August 161h meeting. Construction is slated to begin in September, with completion prior to Thanksgiving. Staff will be communicating with the church and neighborhood residents as this project moves forward. VC/Mehta asked how much of the street would be reduced due to construction. PWD/Liu responded about 16 feet from the parking area. A two- lane road will remain. Lemon Avenue Interchange Project—SCENoung reported that overthe last month, there have been developments with respect to getting this project underway. Staff was approached by the Alameda Corridor East Construction Authority (ACE), the agency that has been tasked with constructing the San Gabriel Valley grade separation projects, asking to take over the project rather than the proposal to have Caltrans administer the project. This would be beneficial because ACE needs the interchange constructed before they can close Fairway Drive for the grade separation project. By ACE taking over the project with their current contractor doing the Fairway Grade Separation, staff was able to expedite getting the plans approved. All that is needed at this point is a permit from Caltrans rather than all of the additional approvals and reviews that would have been warranted had Caltrans administered the . project. Staff submitted the application for the Caltrans permit and expects to JULY 14, 2016 PAGE 5 T&T COMMISSION receive the permit within the next couple of weeks rather than months. In the meantime, the cities of Diamond Bar and Industry and ACE will be working on a three party agreement to have ACE formally take over the project for construction. PWD/Liu added that the project will likely commence February/March 2017 and conclude in about a year and a half. SCE/Young further explained that the current designation of the truck route along Golden Springs Drive between Brea Canyon Road and Lemon Avenue will be removed once the interchange is constructed so trucks will no longer be permitted to use Golden Springs Drive between Brea Canyon Road and Lemon Avenue, J. SR -57/60 Confluence Project — SCE/Young reported that construction continues on the westbound on-ramp on the freeway side and within the vacant parcel adjacent to the vacant Honda parcel. Striping along Grand Avenue remains and congestion continues to occur along Grand Avenue for . southbound vehicles because of the phasing. Caltrans is attempting to manage the signal timing; however, because of the split phase requirement, they are restricted to having one leg of the intersection at a time with a green light. The westbound off -ramp phase of the project is in the process of getting Caltrans approval to proceed with construction because it is funded by the federal TIGER grant. Once the authorization is received, construction will begin. K. TR 63623 — South Pointe Residential Development — SCE/Young stated that the project continues with grading, storm drain and sewer improvements. The model homes will be submitted shortly. Lennar is looking to get the building plan check expedited in order to have the models open by the end of 2016. The park precise grading plans are under review and nearing completion so that grading for Larkstone Park can begin. The goal is to have the park constructed during the selling of the units as an amenity for families with children to consider the residential development even though it will be a public park. The developer is eager to push this development forward to buildout and sell out as soon as possible. L. Grand Avenue/Golden Springs Drive Intersection Improvements Update— SCE/Young shared that this project continues in the design phase. Staff is working closely with the landscape architect to bring the same elements at the Grand Avenue/Diamond Bar Boulevard intersection to the Grand Avenue/Golden Springs Drive intersection including pavers, traffic signal poles and other landscape and hardscape features. M. Washington Street Cul -de -Sac at Lincoln Avenue Project - PWD/Liu reported that this afternoon, the plans and specifications were approved for this project, which will discourage truckers from turning into Washington Street, which is a cul-de-sac. The project will go out to bid next week with construction commencing in early September. Staff hopes to complete the construction sometime in October. JULY 14, 2016 PAGE 6 T&T COMMISSION C/Quan asked if the K -m art property was underdevelopment. PWD/Liu replied that the Community Development Department received plans for the site last week and staff is working closely with the developer. Further details will be available once the project goes to the Planning Commission for consideration. VI. SCHEDULE OF FUTURE CITY EVENTS: As presented in the agenda. ADJOURNMENT: There being no further business to come before the Traffic and Transportation Commission, VC/Mehta adjourned the meeting at 8:00 p.m. 072G1 The foregoing minutes are hereby approved this d day of r 2016. Respectfully Submitted, Z� 4 Liu, Secretary Attest Vice-Chairman'S re cfra Mehta Agenda No. 6.4 CITY OF DIAMOND BAR MINUTES OF THE PARKS & RECREATION COMMISSION DIAMOND BAR CITY HALL - THE WINDMILL ROOM 21810 COPLEY DRIVE, DIAMOND BAR, CA 91765 JULY 28. 2016 CALL TO ORDER: Chair/Grundy 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 Liang led the Pledge of Allegiance. ROLL CALL: Present: Commissioners Lew Herndon, Benny Liang, Vice Chair Manisha Sulakhe and Chair Dave Grundy Absent: Commissioner Kim Hsieh was excused. Staff Present: Ryan McLean, Assistant City Manager; Anthony Jordan, Parks and Maintenance Superintendent; Christy Murphey, Recreation Superintendent; Monique Saliu, Recreation Coordinator, and Debbie Gonzales, Administrative Coordinator MATTERS FROM THE AUDIENCE: None CALENDAR OF EVENTS: As presented by ACM/McLean. 1. CONSENT CALENDAR: 1.1 Approval of Minutes for the June 23, 2016 Regular Meeting. Upon motion by C/Herndon, seconded by VC/Sulakhe, Regular Meeting Minutes of June 23, 2016 were approved as presented with C/Liang abstaining and C/Hsieh being absent. 2. INFORMATIONAL ITEMS: 2.1 Recreation Program Update — RS/Murphey C/Herndon asked if 162 baseball participants was typical of past years and RS/Murphey responded she believed it was about 20 less than last year. Numbers have been declining each year. Chair/Grundy said the 4th of July Blast was a wonderful event and the fireworks were fantastic. His family sat toward the back and were unable to hear the announcements and asked RS/Murphey to consider better PA JULY 28, 2016 PAGE 2 P&R COMM1SSlON system coverage for next year. RS/Murphey asked if Chair/Grundy could hear the band and he responded that he could but it was not very loud. RS/Murphey said she would add it to her list. 2.1.1 Power Point Presentation - Diamond Bar Center Update — RC/Saliu C/Herndon said it appeared that the shortfall on the facilities is about $1.4 million per year including payment on the bonds. ACM/Ryan responded yes and that the bond payment is approximately $850,000 this year which is not included in the reported expenditures. VC/Sulakhe asked if the projectors that come down covers the stage and RC/Saliu responded that it covers the back portion of the stage. VC/Sulakhe said she has had people tell her that it does not work well because when an artist is performing both things cannot be done at the same time. The options she offered were that they could have side screens. RS/Murphey said that the new screen will not come down as far. VC/Sulakhe said she was talking about the position of the screen which is almost at the edge of the stage. If someone is performing the orchestra is not seen. She wanted to know if the screen could be moved back and RS/Murphey said there were no plans to move it back. The issue is that the further back the screen is the closer in people have to sit to be able to view what is on the screen because of the pillars. VC/Sulakhe asked if there could be two screens, one in the front and one at the back. RS/Murphey said staff could look into the matter. VC/Sulakhe said she was asked about hanging items and what should she tell people about what is allowed. RS/Murphey responded that people should talk with RC/Saliu to get their decorations approved. She can help them come up with options for their decorations which have to be approved. RC/Saliu said that decorations are supposed to be free-standing to prevent damage to surfaces that will increase expenditures. If people wish to hang items 3M command strips are allowed because they do not leave residue on the walls. It depends on the weight of the item. 2.2 Maintenance Report — PMS/Jordan 2.2.1 Introduction of City Operation and Maintenance Manual — Parks, Facilities and Equipment- PMS/Jordan. Chair/Grundy asked if this was a new or updated plan and PMS/Jordan responded that it is new. ACM/McLean stated that this is a new document that was a joint effort between the City Manager's Office and the Public Works JULY 28. 2016 PAGE 3 P&R COMMISSION Maintenance Division. It is a digest for the basic maintenance standards the City has (cliff notes version). The City is in the process of completing a full revision of the technical specs which is the document that gets into the length of the grass and specific types of service in the maintenance plan. The goal is to create a full maintenance strategic plan that will include Inventory of Amenities, Replacement Schedule, and detailed Schedules for Maintenance for every facility, with the goal being to stay on top of the maintenance program, to be proactive, and to budget accordingly for future years to make sure funds are available for these projects. For example, the maintenance staff has secured a citywide roof maintenance inspection plan that looks at all of the roofs on all of the City's facilities (City Hall, Diamond Bar Center, picnic shelters, etc.) and identified which will need upgrades in the coming years. Part of the Diamond Bar Center is scheduled in the CIP this year. He anticipates that other pieces will be brought forward to the Commission for its information as they become available. VC/Sulakhe talked about including all standards (Federal and State) and contractor checkoff lists in the manual and ACM/McLean explained that the City has all of those documents, some of which are standalone documents that are outside of this particular document. The City has an IIPP. The ADA is a separate federal act that falls outside of this. As far as the scope of work, it is included with each of the contracts the City has for maintenance of each facility. When referencing technical specs he referred to those types of things and the City is revising the specs that have been in place since 2007. They will be updated and more specific technical specs will be included with each of the contracts that go for those services. VC/Sulakhe said she believed that those should be referenced at the end of the document. C/Herndon said he did, not see any reference to the sprinkler system fertilization program. PMS/Jordan said there is no reference to the fertigation program. This is something that is being done in-house. The City has a contractor that is doing it but in terms of specification, there is no specification requiring the landscape contractors to do it. C/Herndon asked if he could get a contact list for all of the City's vendors and PMS/Jordan responded "yes." C/Herndon asked if it was cost-effective to get more solar panels for facilities. JULY 28, 2016 PAGE 4 P&R COMMISSION VC/Sulakhe suggested the manual contain a disclaimer about the City's Fertigation program and its guidelines. ACM/McLean said staff would attempt to include as much information as possible. He reiterated that this document is a "digest" and not all of the technical specs. When there are technical items such as the Fertigation System it would be included in the specs under that specific contract. Again, the City will be revising its specs and there will be a lot more detailed information. This document contains the "basic standards" for the City's parks and what they are expected to look like and the types of maintenance that is done on a regular basis. The detailed items and specifics of those detailed items will be included in the "specs" document. C/Herndon said the document reflects a great deal of work and he is happy to see such a document and thanks to staff for their diligence. Chair/Grundy felt it was a great document that reflects a great deal of work and it is a very valuable document. He appreciates that staff put this together and he plans to go through it to help educate him about what is done on a periodic basis. 2.3 CIP Projects — ACM/McLean 2.3.1 Stardust Park Improvements/Peterson Park Play Equipment Approximately $300,000 of the Stardust portion of this project is funded with a Prop A grant which means the City must -complete the project to get the reimbursement by the end of December 2016 which makes Stardust the highest priority project. As of yesterday, the Plans, Specs and Bid Docs were available to contractors that wish to bid. Bid opening is scheduled for August 9 provided the City gets a responsible bidder that meets all of the qualifications. Staff will evaluate the bids and make its recommendation to the City Council on August 16. If approved, the contract will move forward and the project will begin construction after Labor Day with completion mid to late November, weather providing. This project involves replacement of the play equipment, ADA access improvements, drainage and landscaping and new tables, benches and drinking fountain. Peterson Park is replacement of the play equipment and the rubberized safety surfacing. C/Herndon asked if swings would be included at Stardust Park and ACM/McLean said that swings were intended to be a part of Longview North mini -park and is.a separate project in the CIP. JULY 28, 2016 PAGE 5 P&R COMMISSION 2.3.2 Longview Park South Improvements This project is very similar to the Stardust project and includes replacement of play equipment, pour -in-place safety rubberized surfacing, ADA accessibility improvements, landscape improvements as well as benches, tables and drinking fountain. This was originally bundled with Stardust and Peterson but a partial component of this project is funded with CDBG Funds which have specific reporting requirements that tend to stretch the project timeline and given the very tight deadline for the Stardust project and the Prop A grant needing to be done by December the Public Works Director made the decision to separate out the Longview Park Project. Plans and specs are available for this project and the department is in the process of prioritizing the projects. He anticipates this project will begin in the later second half of this Fiscal Year and will likely be bundled with other CDBG funded projects in the CIP program. 2.4 List of pending Commission requests — ACM/McLean 2.4.1 Recommendation to redo drainage at Stardust As noted, the Stardust project includes landscaping and drainage improvements. C/Herndon asked that this and the next item about the Ballfield Lights in Sycamore Canyon Park be removed from the pending list. 2.4.2 Request for breakdown of the number of events at the Diamond Bar Center annually. Staff is now in the very beginning process of conducting a full Diamond Bar Center use analysis which includes looking at the use of every room in the building. Staff will be compiling the total hours available, the total hours used and break it down by event type. This will be the first attempt in the history of the facility to get a real good look at how the facility is used and use that data to try and learn more about the trends of use, type of events, where the City may be missing out on potential uses, etc. Every attempt will be made to complete the Use Analysis during this fiscal year. 2.4.3 Request for additional lighting at the Diamond Bar Center near the rear entrance to the kitchen. Staff is developing in-house options for lighting at that particular area. One of the concerns is the proximity to the generator and the electrical panels and whether implementing this option, would attract more use toward those areas given that safety distance needs to be maintained. JULY 28, 2016 PAGE 6 P&R COMMISSION 2.4.4 Investigate the possibility of irrigating Sycamore Canyon Park with water from the creek at the park. This is a difficult project because there are significant environmental barriers when dealing with a blue -line creek. The City would have to overcome significant environmental standards, determine if the creek had measurable impact (sufficient water flow) throughout the year, create storage facilities, have pump transfer and irrigation lines, etc. Based on initial review, staff believes the cost would outweigh the benefits because of the lack of flowing water. At this time, staff does not believe it is an option to irrigate the park with water from the creek. C/Herndon asked that this item be stricken from this report. 2.4.5 Request for additional fencing between Brea Canyon Road and the play area at Diamond Canyon Park. Fencing was included as an original component in the original plans for the park and at some point the fencing was not included in the final plans. That said, PMS/Jordan has been working closely with the project manager from Lennar, the housing project and park developer and they have provided verbal confirmation that there will be fencing in the area near the playground and staff will continue working with Lennar to make sure it happens. PMS/Jordan said that the item was noted on the punch list when the walkthrough was completed. Lennar is currently designing the fence so as not to interfere with the irrigation that is in place. C/Herndon said he appreciated that this would be taken care of. 2.4.6 Request for City staff to research grant applications for lights at ballfields. Staff has done some preliminary work and will continue to do so until information can be provided to the Commission. 2.4.7 Request for information on the Diamond Bar Center annual bond payment and duration of the Bond Issue. As previously stated, the payment of $860,606 is budgeted for Fiscal Year 2016-17. The Bond Issue runs through 2033. In 2011 the City refinanced the bond to take advantage of the record low interest rates at that time. 2.4.8 Request for annual Diamond Bar Center revenues Covered by staff under Item 2.1. He reiterated that the expenditures noted in the Revenue and Expenditure presentation do not include the bond payment which comes from the Debt Service Fund. JULY 28, 2016 PAGE 7 E&R COMMISSION C/Herndon stated that Items 2.4.7 and 2.4.8 have been answered and can be removed from the list as well. 3. OLD BUSINESS: None 4. NEW BUSINESS: None 5. ANNOUNCEMENTS: C/Herndon thanked staff for their work. He is always proud to be associated with this Commission and he appreciates the reports which help the Commission to understand what is going on in the City. He believes that Chair/Grundy requested information and updates on the Pony League Field situation when available and asked if that item should be on the Request for Information sheet. He is interested in more information on the item as well. AGM/McLean stated that as he reported at the last meeting, there is no change to the Pony League field situation. Staff has reviewed the data that came back from the City's polling consultant which indicated that it was "not feasible" for 2016. The voter appetite for such a measure was not evident and so as of this time the Council has yet to determine whether there might be any future options available. C/Herndon noted there was a Closed Session about the fields, and asked if there was anything from that meeting that could be elaborated on and ACM/McLean responded that as reported by the City Manager, there was no reportable action from the Closed Session. C/Liang thanked staff for their work on the Operations and Maintenance Manual which provided a great overview. VVC/Sulakhe thanked staff for their reports and the manual which is a good overview and is a static document. It is a good document for the Commission and Parks and Recreation Department but it would be a good idea to provide a copy for the rest of the City. She had a good trip. She took seven flights in 15 days traveling to Mumbai, Nepal, Frankfurt, and Los Angeles. Chair/Grundy thanked staff for all of the reports and the effort put forth. Great job! The 4th of July Blast was very successful and enjoyable. ADJOURNMENT: C/Herndon moved, C/Liang seconded to adjourn the meeting. With no one objecting and no further business before the Parks and Recreation Commission, Chair/Grundy adjourned the meeting at 7:58 p.m. JULY 28, 2016 PAGE 8 P&R COMMISSION The foregoing minutes are hereby approved this day of 2016. Respectfully Su RYAN MMLIEAN. SECRETARY MINUTES OF THE CITY OF DIAMOND EAR MEETING OF THE PLANNING COMMISSION JULY 26, 2016 CALL TO ORDER: Agenda No. 6.5 Acting Chairperson Wolfe called the meeting to order at 7:00 p.m. in the City Hall Windmill Room, 21810 Copley Drive, Diamond Bar, CA 91765. PLEDGE: OF ALLEGIANCE: C/Farago led the Pledge of Allegiance. 1. ROLL CALL: Present: Commissioners Naila Barlas, Frank Farago and Acting Chairperson Raymond Wolfe Absent: Commissioners Ken Mok and Chairperson Jennifer "Fred" Mahlke Also present: Greg Gubman, Community Development Director, James Eggart, Assistant City Attorney, Grace Lee, Senior Planner, Mayuko (May) Nakajima, Associate Planner; and Stella Marquez, Administrative Coordinator. 2. MATTERS FROM THE AUDIENCE/PUBLIC COMMENTS: None 3. APPROVAL OF AGENDA: As presented 4. CONSENT CALENDAR: 4.1 Minutes of the Regular Meeting of June 28 2016. C/Farago moved, AChalr/Wolfe seconded to approve the Minutes of the Regular Meeting of June 28, 2016, as presented. Motion carried by the following Roll Call vote: AYES: NOES: ABSENT: 5. OLD BUSINESS: 6. NEW BUSINESS: COMMISSIONERS COMMISSIONERS COMMISSIONERS 7. PUBLIC HEARING(S): None None Barlas, Farago, AChair/Wolfe, None Mok, Chair/Mahlke 7.1 Conditional Use Permit No. PL2015-226 — Under the authority of Diamond Bar Municipal Code Section 22.58 the applicants are requesting approval of a JULY 26; 2016 PAGE 2 PLANNING COMMISSION Conditional Use Permit to operate a 2,325 square foot martial arts studio within a 20,528 square foot multi -tenant shopping center. The subject property is zoned Community Commercial (C-2) with an underlying General Plan land use designation of General Commercial (C). PROJECTADDRESS PROPERTY OWNER: 23545 Palomino Drive, Suite D Diamond Bar, CA 91765 The Abbey Company 2910 E. Inland Empire Blvd, Suite 112 Ontario, CA 91764 APPLICANT: Mohamad and Amanda Jahanvash 23545 Palomino Drive, Suite D Diamond Bar, CA 91765 AChair/VVolfe and Commissioners concurred to waive staff's presentation. AP/Nakajima reported a staff correction regarding the parking requirement for the proposed use to 20 instead of 21 wherever stated. Staff recommended Planning Commission approval of Conditional Use Permit No. PL2015-226, based on the Findings of Fact, and subject to the conditions of approval as listed within the Resolution. AChair/Wolfe opened the public hearing. With no one present who wished to speak on this item, AChair/Wolfe closed the public hearing. AChair/VVolfe recognized the owners as having been in business in the City of Diamond Bar for 31 years and during that time they have found it necessary to move their business on a couple of occasions. The owners have been great community supporters and the City is grateful for their contribution. AChair/Wolfe moved, C/Barlas seconded, to approve Conditional Use Permit No. PL2015-226, based on the Findings of Fact, and subject to the conditions of approval as listed within the Resolution with the aforementioned staff correction. Mbtion carried by the following Roll Call vote: AYES: COMMISSIONERS: NOES: COMMISSIONERS: ABSENT: COMMISSIONERS: Barlas, Farago, AChair/Wolfe, None Mok, Chair/Mahlke 7.2 Development Review and Minor Conditional Use Permit No. PL2016-18 — Under the authority of Diamond Bar Municipal Code Sections 22.48 and 22.56, JULY 26, 2016 PAGE 3 PLANNING COMMISSION the applicant and property owner requested Development Review approval to construct a 646 square -foot addition to the first floor, a 728 square -foot addition to the second floor, and a 203 square -foot patio to an existing 2,525 square -foot, two-story single-family residence on a 0.3 gross acre (13,214 gross square foot) lot. A Minor Conditional Use Permit was requested to allow a second -story addition to an existing nonconforming structure with side setbacks of six (6) feet to the north and six (6) feet to the south (where 10 feet is required on one side and five (5) feet on the other) and distances to structures on the adjacent lots of 12 feet to the north and 13'-6" to the south (where 15 feet is required). The subject property is zoned Low Density Residential (RL) with an underlying General Plan land use designation of Low Density Residential (RL). PROJECT ADDRESS PROPERTY OWNER APPLICANT: 1248 S. Lemon Avenue Diamond Bar, CA 91789 Guan Hong Fang and Xiongnian Su 1248 S. Lemon Avenue Diamond Bar, CA 91789 Brian Huang P.O. Box 388 Walnut, CA 91788 AP/Nakajima presented staffs report and recommended Planning Commission approval of Development Review and Minor Conditional Use Permit No. PL2016-18, based on the Findings of Fact, and subject to the conditions of approval as listed within the resolution. AChair/Wolfe opened the public hearing. With no one present who wished to speak on this item, AChair/Wolfe closed the public hearing. C/Farago moved, C/Barlas seconded to approve Development Review and Minor Conditional Use Permit No. PL2016-18, based on the Findings of Fact, and subject to the conditions of approval as listed within the resolution. Motion carried by the following Roll Call vote: AYES: Barlas, Farago, AChair/Wolfe, None Mok, Chair/Mahlke COMMISSIONERS: NOES: COMMISSIONERS: ABSENT: COMMISSIONERS: JULY 26, 2016 PAGE 4 PLANNING COMMISSION a. PLANNING COMMISSIONER COMMENTS/INFORMATIONAL ITEMS: AChair/Wolfe encouraged residents living against the hillsides that they do everything possible to create defensible space. It appears that the fires in southern California are the new norm until winter when hopefully, it rains. 9. STAFF COM MENTSIINFORMATIONAL ITEMS: 9.1 Public Hearing dates for future projects. CDD/Gubman stated that there are no items on the agenda for August 9 and as a result, tonight's meeting will be adjourned to August 23 with two items on the agenda. Staff continues working on coordinating a joint Planning Commission/City Council kickoff meeting for the Comprehensive General Plan update tentatively scheduled for September 28 or 29. One of those dates will be confirmed shortly and the Commissioners will be notified. 10. SCHEDULE OF FUTURE EVENTS: As listed in the agenda. ADJOURNMENT: With no further business before the Planning Commission, AChair/Wolfe adjourned the regular meeting at 7:14 p.m. to August 23, 2016. The foregoing minutes are hereby approved this 23rd day of August, 2016. Attest: Respectfully Submitted, Greg Gubman Community Development Director Raympn Wolfe, Acting Chairperson CITY COUNCIL Agenda 4 6 . 6 Meeting Date: October 4, 2016 AGENDA REPORT TO: Honorable Mayor and Members of the City Council FROM: James DeStefano, City Mank TITLE: Ratification of Check Register dated September 15, 2016 through September 28, 2016 totaling $ 1,548,966.28 RECOMMENDATION: Ratify. FINANCIAL IMPACT: Expenditure of $ 1,548,966.28 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 September 15, 2016 through September 28, 2016 for $ 1,548,966.28 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. Luisa Allen Accounting Technician REVIEWED BY: a/ wx Finance Director Attachments: Affidavit and Check Register— 09/15/16 through 09/28/16. The attached listings of demands, invoices, and claims in the form of a check register including checks dated September 15, 2016 through September 28, 2016 has been audited and is certified as accurate. Payments have been allowed from the following funds in these amounts: Description General Fund Prop A - Transit Fund Prop C - Transit Tax Fund Intergrated Waste Management Fund Comm Dev Block Grant Fund LLAD 38 Fund LLAD 39 Fund LLAD 41 Fund Capital Imp Projects Fund Self Insurance Fund Vehicle Maint/Rept Fund Signed: Dianna Honeywell Finance Director Amount $1,042,271.91 $162,629.73 $28,170.23 $31,038.30 $82.00 $23,844.22 $22,234.02 $10,817.91 $205,962.02 $19,966.00 $1,949.94 $1,548,966.28 SUNGARD PENTAMATION INC PAGE NUMBER: 1 DATE: 09/27/2016 CITY OF DIAMOND BAR ACCTPA21 TIME: 09:18:02 CHECK REGISTER - DISBURSEMENT FUND SELECTION CRITERIA: transact.ck_date between '20160915 00:00:00.000' and '20160928 00:00:00.000' ACCOUNTING PERIOD: 3/17 FUND - 001 - GENERAL FUND CASH ACCT CHECK NO ISSUE DT VENDOR NAME FUND/DIVISION -----DESCRIPTION------ SALES TAX AMOUNT 10100 117879 09/15/16 4IMPRINT 4IMPRINT INC 115 USE TAX 0.00 -148.96 10100 117879 09/15/16 4IMPRINT 4IMPRINT INC 001 USE TAX 0.00 -18.55 10100 117879 09/15/16 4IMPRINT 4IMPRINT INC 0014096 USE TAX 0.00 18.55 10100 117879 09/15/16 4IMPRINT 4IMPRINT INC 1155515 USE TAX 0.00 148.96 10100 117879 09/15/16 4IMPRINT 4IMPRINT INC 0014096 PROMO ITEMS-D/B RSTRN 0.00 206.14 10100 11'18/9 09/15/16 4IMPRINT 4IMPRINT TNC 1155515 PROMO ITEMS -RECYCLED 0.00 1,655.15 TOTAL CHECK 0.00 1,861.29 10100 117860 09/15/16 AARP AARP 0015350 AARP MATURE DRIVING 0.00 105.00 10100 117861 09/15/16 ACCESSCO ACCESS CONTROL SECURITY 0015333 SECURITY SVCS -DBC 0.00 921.05 10100 117881 09/15/16 ACCESSCO ACCESS CONTROL SECURITY 0015333 SECURITY SVCS -DBC 0.00 1,174.55 10100 117861 09/15/16 ACCESSCO ACCESS CONTROL SECURITY 0015333 SECURITY SVCS -DBC 0.00 1,301.30 10100 117881 09/15/16 ACCESSCO ACCESS CON'T'ROL SECURITY 0015333 SECURITY SVCS -DBC 0.00 1,411.15 TOTAL CHECK 0.00 4,808.05 10100 1.1.7882 09/15/16 ALLCITYM ALL CITY MANAGEMENT SERV 0014411 CROSSING GUARD SVCS 0.00 7,892,16 10100 117883 09/15/16 AMERICAS AMERICAN CAB LLC 1135553 DIAMOND RIDE SVCS-JUL 0.00 24,224.75 10100 117884 09/15/16 AMERITEC AMERITECH BUSINESS SYSTE 0014070 COPY SVCS -CITY HALL 0.00 819.46 10100 117885 09/15/16 AMIRAZOD GHOLAM R AMIRAZODI 0015551 CONSULTANT SVCS -8/25 0.00 2,268.00 10100 117886 09/15/16 ANDRADAM MARGARITA ANDRADA 001 FACILITY REFUND-S/CYN 0.00 200.00 10100 117886 09/1.5/16 ANDRADAM MARGARITA ANDRADA 001 FACILITY R6'FUND-S/CYN 0.00 3.46 TOTAL CHECK 0.00 203.46 10100 117887 09/15/16 BANKERSA BANKERS ADVERTISING COMP 115 USE TAX 0.00 -154.29 10100 117887 09/15/16 BANKERSA BANKERS ADVERTISING COMP 115 USE TAX 0.00 -32.01 10100 117887 09/15/16 BANKERSA BANKERS ADVERTISING COMP 1155515 USE TAX 0.00 32.01 10100 117887 09/15/16 BANKERSA BANKERS ADVERTISING COMP 1155515 PROMO ITMES-RECYCLED 0.00 355.69 10100 117887 09/15/16 BANKERSA BANKERS ADVERTISING COMP 1155515 USE TAX 0.00 154.29 10100 117887 09/15/16 BANKERSA BANKERS ADVERTISING COMP 1155515 PROMO ITEMS -RECYCLED 0.00 1,714.32 TOTAL CHECK 0.00 2,070.01 10100 117888 09/15/1.6 EVERGREE ROBYN A BECKWITH 0014093 PLANT SVCS -CITY HALT, 0.00 325.00 101.00 1.17888 09/15/16 EVERGREE ROBYN A BECKWITH 0014093 PLANT SVCS -LIBRARY 0.00 107.00 10100 117888 09/15/16 EVERGREE ROBYN A BECKWITH 0014093 REPLANT -LOBBY 0.00 50.00 10100 117888 09/15/16 EVERGREE ROBYN A BECKWITH 0014093 REPLANT SVCS 0.00 150.00 TOTAL CHECK 0.00 632.00 10100 117889 09/15/16 BESTLTG BEST LIGHTING PRODUCTS 0015556 MAINT SVCS-WSHNGTN PK 0.00 127.50 10100 117889 09/15/16 BESTLTG BEST LIGHTING PRODUCTS 0015556 MAINT SVCS-GRD/DDB 0.00 1,020.10 TOTAL CHECK 0.00 1,147.60 10100 117890 09/15/16 BIOCONTR BIO CONTRACTORS INC 1155515 JULY SMART GARDENING 0. 00 40.00 10100 117891 09/15/16 BISROPJO JOHN E BISHOP 0015350 CONTRACT CLASS -SUMMER 0.00 154.80 10100 117892 09/15/16 VALLEYCR BRIGHTVIEW LANDSCAPE SER 0015556 IRRIGATION REPAIRS 0.00 478.38 SUNGARD PENTAMATION INC PAGE NUMBER: 2 DATE: 09/27/2016 CITY OF DIAMOND BAR ACCTPA21 TIME: 09:18:02 CHECK REGISTER - DISBURSEMENT FUND SELECTION CRITERIA: transact.ck_date between '20160915 00:00:00.000' and '20160928 00:00:00.000' ACCOUNTING PERIOD: 3/17 FUND - 001 - GENERAL FUND USE TAX CASH ACCT CHECK NO ISSUE DT VENDOR NAME FUND/DIVISION 10100 117893 09/15/16 CAJPIA CALIFORNIA JPIA 5104081 10100 117894 09/15/16 CARDIMAG CARD IMAGING 112 10100 117894 09/15/16 CARDIMAG CARD IMAGING 1125553 10100 117894 09/15/16 CARDTMAG CARD IMAGING 1125553 TOTAL CHECK PRINT SVCS-C/CLERK 0.00 10100 117895 09/15/1.6 CARDIACS CARDIAC SCIENCE CORP 0014440 10100 117896 09/15/16 CDW-G CDW GOVERNMENT 0014070 10100 117897 09/15/16 CHANGPEI PEI CHANG 001 10100 117898 09/15/16 C14IUJOCE JOCELYN CHIU 001 101.00 117899 09/15/16 DAVIDEVA DAVID EVANS AND ASSOCIAT 00155S1 10100 117900 09/15/16 HALLFORE DAVID EVANS AND ASSOCIAT 001..5551 10100 117900 09/15/16 HALLFORE DAVID EVANS AND ASSOCIAT 0015551 TOTAL CHECK 0.00 10100 117901 09/15/16 DAYNITEC DAY & NITE COPY CENTER 0014030 10100 117902 09/15/16 DEPTOFJU DEPARTMENT OF JUSTICE 0014060 10100 117903 09/15/16 DFSFLOOR DFS FLOORING LP 0015333 101.00 117904 09/15/16 DIANACHO DIANA CHO & ASSOCIATES 2505310 10100 117904 09/15/16 DIANACHO DIANA CHO & ASSOCIATES 1255215 TOTAL CHECK 10100 117905 09/15/16 ECOFERTI ECOFERT INC 0015556 10100 117906 09/15/16 ELECHORB ELECNOR BELCO ELECTRIC I 2505510 10100 117907 09/15/1.6 EMERALD EMERALD LANDSCAPE SERVIC 0014093 10100 117908 09/15/16 EVANSTER TERUNT EVANS 001 10100 117909 09/15/16 FANGJUNN JUNNE-JYE FANG 001 10100 117910 09/15/16 FRONTIER FRONTIER COMMUNICATIONS 0014093 10100 117910 09/15/16 FRONTIER FRONTIER COMMUNICATIONS 0015556 10100 117910 09/15/16 FRONTIER FRONTIER COMMUNICATIONS 0015556 10100 117910 09/15/16 FRONTIER FRONTIER COMMUNICATIONS 0014030 10100 11]910 09/1..5/1.6 FRONTIER FRONTIER COMMUNICATIONS 0014070 TOTAL CHECK 10100 117911 09/15/16 GHOTRAPA PAUL GHOTRA 001 10100 117912 09/15/16 GOLIVETE GO LIVE TECHNOLOGY INC 0014070 10100 117912 09/15/16 GOLIVETE GO LIVE TECHNOLOGY INC 0014070 -----DESCRIPTION------ SALES TAX PROPERTY INS PR 16/17 0.00 USE TAX 0.00 USE TAX 0.00 SUPPLIES -TRANSIT 0.00 0.00 AID REPLACEMENT 0.00 COMP EQ-I.T. 0.00 FACILITY REFUND-PNTRA 0.00 RECREATION REFUND 0.00 PROF.SVCS-PLAN CHECK 0.00 PROF.SVCS-PLAN CHECK - 0.00 PROF.SVCS-PLAN CHECK 0.00 0.00 PRINT SVCS-C/CLERK 0.00 PROF.SVCS-H/R 0.00 ADDL MAINT SVCS -DBC 0.00 CDBG SVCS -MINI PARKS 0.00 CDBG SVCS -SR PROG 0.00 0.00 FERTIGATION SVCS -AUG 0.00 T/SIGNAL INFRASTRCTR 0.00 MAINT SVCS -CITY HALL 0.00 FACILITY REF UND-M/HLL 0.00 FACILITY REFUND-PNTR.A 0.00 PH.SVCS-C/HLL ELEVATR 0.00 PH.SVCS-HERITAGE ALRM 0.00 PH.SVCS-HERITAGE PK 0.00 PH.SVCS-C/MGR FAX .0.00 PH.SVCS-BAST CH 1 0.00 0.00 FACILITY REFUND -DBC 0.00 CONSULTING SVCS-JUL 0.00 CONSULTING SVCS -AUG 0.00 AMOUNT 19, 966.00 -90.36 90.36 1,004.00 1,004.00 240.60 2,039.00 100.00 64.00 1.05.00 97.40 127.95 225.35 359.36 128.00 550.00 1,230.00 82.00 1,312,00 290.00 118,579.60 910.00 50.00 50.00 161.90 56.31 96. 05 83.55 792.00 1,1.89.81 400,00 5,785.50 6,568.50 SUNGARD PENTAMATION INC PAGE NUMBER: DATE: 09/27/2016 CITY OF DIAMOND BAR ACCTPA21 TIME: 09:18:02 CHECK REGISTER - DISBURSEMENT FUND SELECTION CRITERIA: transact.ck_date between '20160915 00:00:00.000' and '20160928 00:00:00.000' ACCOUNTING PERIOD: 3/17 FUND - 001 - GENERAL FUND CASH ACCT CHECK NO ISSUE DT VENDOR NAME FUND/DIVISION -----DESCRIPTION---- SALES TAX AMOUNT TOTAL CHECK 0.00 12,354.00 10100 117913 09/15/16 GFACJOSE JOSE R GRACIANO JR 001 FACILITY REFUND -DBC 0.00 400.00 1,0100 117914 09/1.5/16 HAIFARAY RAYAHI HAIFA 001 FACILITY REFUND -DBC 0.00 500.00 10100 117914 09/15/16 HAIFARAY RAYAHI HAIFA 001 FACILITY CHRGS-DSC 0.00 -22.2.50 TOTAL CHECK 0.00 287.50 10100 117915 09/15/16 FARDYFAR HARDY & HARPER INC 0015554 SIDEWALK MAINT-JUN 0.00 38,712.30 10100 117916 09/15/16 WHITECAP HDS WHITE CAP CONST SUPT 5205556 VEH MAINT-GENERAL 0.00 562.44 10100 117917 09/15/16 HILTONFA HE & H CONSULTANTS LLC 1155515 PROF.SVCS-WASTE HAULE 0.00 14,175.49 10100 117918 09/15/16 HUDECJAS JASON HUDF.0 001 FACILITY REFUND-S/CYN 0.00 200.00 10100 117919 09/15/16 IVHS HUMANE SOCIETY OF POMONA 0014431 ANIMAL CONTROL -SEPT 0,00 13,333.33 10100 117920 09/15/16 HURTADOC CARMEN HURTADO 001 FACILITY CHRGS-DBC 0.00 -25.50 10100 117920 09/15/16 HURTADOC CARMEN HURTADO 001 FACILITY REFUND -DBC 0.00 11000.00 TOTAL CHECK 0.00 974.50 10100 117921 09/15/16 IVDB INLAND VALLEY DAILY HULL 0014030 LEGAL ADS -AUG 2016 0.00 1,138.04 10100 117921 09/15/16 IVDB INLAND VALLEY DAILY BULL 0014030 LEGAL ADS-JUL 2016 0.00 1,421.40 TOTAL CHECK 0.00 2,559.44 10100 117922 09/15/16 IRCINC INTERACTIVE RESTAURPNT C 0014096 CONSULTING SVCS -DBC 0.00 3,200.00 10100 117923 09/15/16 JENGMATT MATT JENG 001 REFUND -PL 2013-539 0.00 2,067.53 10100 117924 09/15/16 JIMESTEF STEFANIE JIMENEZ 001 FACILITY REFUND-M/HLL 0.00 50.00 10100 117925 09/15/16 KIMSUNNY SUNNY KIM 001 FACILITY REFUND-S/CYN 0.00 50.00 10100 117926 09/15/16 KUBO BO KU 001 RECREATION REFUND 0.00 107.00 10100 117927 09/15/16 1JAOCORI CORINNE LI21O 001 FACILITY RF£'UND-DBC 0.00 100.00 '_0100 117928 09/15/16 LIVINGIN LIVING INDEPENDENTLY FOR 001 FACILITY REFUND -DBC 0.00 350.00 10100 117929 09/15/16 LOOMIS LOOMIS 0014050 COURIER SVCS -FINANCE 0.00 474.66 10100 117929 09/15/16 LOOMIS LOOMIS 0015333 COURIER SVCS -DBC 0.00 474.66 TOTAL CFECK 0.00 949.32 10100 117930 09/15/16 LACPUBWK LOS ANGELES COUNTY PUBLI 0015510 SEWER SYS MGMT-JUN 0.00 549.73 1.0100 117931 09/15/16 MERCURYD MERCURY DISPOSAL SYSTEMS 1155515 RECYCLING SVCS -AUG 0.00 1,106.15 10100 117931 09/15/16 MERCURYD MERCURY DISPOSAL SYSTEMS 115551.5 RECYCLING SVCS -SEPT 0.00 1,159.21 TOTAL CHECK 0.00 2,265.36 10100 117932 09/15/16 METROLIN METROLINK 1125553 METROLINK PASSES -AUG 0.00 53,765.60 10100 117932 09/15/16 METROLIN METROLINK 1125553 CITY SUBSIDY -AUG 0.00 1.3,441.40 3 SUNGARD PENTAMATION INC PAGE NUMBER: 4 DATE: 09/27/2016 CITY OF DIAMOND BAR ACCTPA21 TIME: 09:18:02 CHECK REGISTER - DISBURSEMENT FUND SELECTION CRITERIA: transact.ck_date between '20160915 00:00:00.000' and '20160928 00:00:00.000' ACCOUNTING PERIOD: 3/17 FUND/DIVISION 0015510 0014030 0015333 0014060 0014095 0015310 0015350 0015210 0014050 2505510 2505510 001 0015333 001 0015551 0014050 0015333 001 001 001 0014095 5205556 5205554 5204093 5205230 TOTAL FUND - 001 - GENERAL FUND SUPPLIES-CMGR CAS14 ACCT CHECK NO ISSUE DT VENDOR NAME TOTAL CHECK SHORTMIC MICHAEL SHORT 0.00 10100 117933 09/15/16 OFFICESO OFFICE SOLUTIONS 10100 117933 09/15/16 OFFICESO OFFICE SOLUTIONS 10100 117933 09/15/16 OFFICESO OFFICE SOLUTIONS 1.0100 117933 09/15/16 OFFICESO OFFICE SOLUTIONS 101.00 117933 09/15/16 OFFICESO OFFICE SOLUTIONS 10100 117933 09/15/16 OFFICESO OFFICE SOLUTIONS 10100 117933 09/15/16 OFFICESO OFFICE SOLUTIONS 10100 117933 09/15/16 OFFICESO OFFICE SOLUTIONS 10100 117933 09/15/16 OFFICESO OFFICE SOLUTIONS TOTAL CHECK 0015510 10100 117946 10100 117934 09/15/16 ONWARDEN ONWARD ENGINEERING 10100 117934 09/15/16 ONWAPDEN ONWARD ENGINEERING TOTAL CHECK 0.00 FUEL -POOL VEH 10100 117935 09/15/16 PARKSCYN CYNTHIA PARKS 10100 117936 09/15/16 PASCOD00 PASCO DOORS 10100 117937 09/15/16 PEREZIVA IVANIA PEREZ 10100 117938 09/15/16 PPINC PROJECT PARTNERS INC 10100 117939 09/15/16 PTMDOCUM P'I'N DOCUMENT SYSTEMS 10100 117940 09/15/16 PYROCOMM PYRO COMM SYSTEMS INC 10100 117941 09/15/16 RANAKUND KUNDANBALA RANA 10100 117941 09/15/16 RANAKUND KUNDANBALA RANA 10100 117941 09/15/16 RANAKUND KUNDANBALA RANA TOTAL CHECK 10100 117942 09/15/1.6 REUELGRE GREGORY C REUEL 10100 1.1.7943 09/15/16 SCFUELS SC FUELS 10100 117943 09/15/16 SCFUELS SC FUELS 10100 117943 09/15/16 SCFUELS SC FUELS 10100 117943 09/15/16 SCFUELS SC FUELS FUND/DIVISION 0015510 0014030 0015333 0014060 0014095 0015310 0015350 0015210 0014050 2505510 2505510 001 0015333 001 0015551 0014050 0015333 001 001 001 0014095 5205556 5205554 5204093 5205230 TOTAL CHECK SUPPLIES-CMGR 0.00 SUPPLIES -DBC 0.00 10100 117944 09/15/16 SHORTMIC MICHAEL SHORT 0.00 001 1,0100 117945 09/15/16 SITYURICH RICHARD SITYU 001 10100 117946 09/15/16 SCE SOUTHERN CALIFORNIA EDIS 0015510 10100 117946 09/15/16 SCF. SOUTHERN CALIFORNIA EDIS 0015510 10100 117946 09/15/16 SCE SOUTHERN CALIFORNIA EDIS 1415541 10100 117946 09/15/16 SCE SOUTHERN CALIFORNIA EDIS 1385538 10100 117946 09/15/16 SCR SOUTHERN CALIFORNIA EDIS 0015510 10100 117946 09/15/16 SCE SOUTHERN CALIFORNIA EDIS 0015510 -----DESCRIPTION------ SALES TAX 0.00 SUPPLIES-P/WORKS 0.00 SUPPLIES-CMGR 0.00 SUPPLIES -DBC 0.00 SUPPLIES-H/R 0.00 SUPPLIES-P/INFO 0.00 SUPPLIES-PKS & SET 0.00 SUPPLIES-REC 0.00 SUPPLIES-PLNG 0.00 SUPPLIES -FINANCE 0.00 0.00 ENG SVCS-DBB/B/CYN 0.00 ENG SVCS-DBB/B/CYN 0.00 0.00 RECREATION REFUND 0.00 REPAIR SVCS -DBC 0.00 RECREATION REFUND 0.00 CONSULTANT SVCS -AUG 0.00 PRINT SVCS -1099 FORMS 0.00 ALARM SVCS -DBC 0.00 FACILITY REFUND -DBC 0.00 FACILITY REFUND -DBC 0.00 FACILITY REFUND -DBC 0.00 0.00 CONSULTANT SVCS -AUG 0.00 FUEL-PKS & FACILITIES 0.00 FUEL -RD MAINT 0.00 FUEL -POOL VEH 0.00 FUEL -CODE ENFOR 0.00 0.00 REFUND -PL 2015-299 0.00 FACILITY REFUND -UBC 0.00 ELECT SVCS-T/CONTROL 0.00 ELECT SVCS-T/CONTROL 0.00 ELECT SVCS -DIST 41 0.00 ELECT SVCS -DIST 38 0.00 ELECT SVCS-T/CONTROL 0.00 ELECT SVCS-T/CONTROL 0.00 AMOUNT 67,207.00 495.31 1,453.21 639.49 195.06 216.05 265.82 351.59 95.03 127.14 3,838.70 810.00 7,357.50 8,1.67.50 64.00 3,190.01 256.00 10,919.25 110.35 585.00 173.00 1,960.00 1,000.00 3,133.00 1,500.00 325.64 290.71 152.82 103.26 872.43 1,997.87 100.00 62.60 76.29 236.92 48.01 184.74 425.33 SUNGARD PENTAMATION INC PAGE NUMBER: DATE: 09/27/2016 CITY OF DIAMOND EAR ACCTPA21 TIME: 09:16:02 CHECK REGISTER - DISBURSEMENT FUND SELECTION CRITERIA: transact.ck_date between '20160915 00:00:00.000' and '20160928 00:00:00.000' ACCOUNTING PERIOD: 3/17 FUND - 001 - GENERAL FUND CASH ACCT CHECK NO ISSUE DT VENDOR NAME FUND/DIVISION -----DESCRIPTION------ SALES TAX AMOUNT 10100 117946 09/15/16 SCE SOUTHERN CALIFORNIA EDIS 0015556 ELECT SVCS -PARKS 0.00 4,400.59 1010D 117946 09/15/16 SCE SOUTHERN CALIFORNIA EDIS 0015510 ELECT SVCS-T/CONTROL 0.00 715.00 10100 117946 09/15/16 SCE SOUTHERN CALIFORNIA EDIS 1395539 ELECT SVCS-DIST 39 0.00 413.33 10100 117946 09/15/16 SCE SOUTHERN CALIFORNIA EDIS 1385538 ELECT SVCS-DIST 38 0.00 499.61 TOTAL CHECK 0.00 7,062.42 10100 117947 09/15/16 SPARKLET SPARKLETTS 0015556 ENERGY SURCHARGE O.DO 2.10 10100 117947 09/15/16 SPARKLET SPARKLETTS 0015556 EQ RENTAL-S/CYN 0.00 12.00 10100 117947 09/15/16 SPARKLET SPARKLETTS 0015556 WATER SUPPLIES-S/CYN 0.00 22.47 TOTAL CHECK 0.00 36.57 10100 117948 09/15/16 SLLINC SPECTRUM LIFTS & LOADERS 0015333 EQ MAINT-DBC 0.00 1,077.05 10100 117949 09/15/16 STERICYC STERICYCLE INC 1155515 WASTE PICK UP -DBC 0.00 290.40 10100 117950 09/15/16 TARO TASC 001.4060 FLEX ADMIN SVCS 0.00 100.00 10100 117951 09/15/16 TAYLORTT TAYLOR TIME & EQUIPMENT 0014030 EQ MAINT-TIME STAMPER 0.00 302.04 10100 117952 09/15/16 TELEPACI TELEPACIFIC COMMUNICATIO 0014070 INTERNET SVCS -SEPT 16 0.00 871.62 10100 117953 '09/15/16 TENNISAN TENNIS ANYONE INC 0015350 CONTRACT CLASS -SUMMER 0.00 2,972.20 10100 117954 09/15/16 THECOMDY THE COMDYN GROUP INC 0014070 CONSULTING SVCS -9/2 0.0D 2,362.03 10100 117955 09/15/16 SGVT THE SAN GABRIEL VALLEY N 0014030 LEGAL ADS-JUL 2016 0.00 1,613.20 10100 117955 09/15/16 SGVT THE SAN GABRIEL VALLEY N 0014030 LEGAL ADS -AUG 2016 0.00 1,386.88 TOTAL CHECK 0.00 3,000.08 10100 117956 09/15/16 UNITEDDA UNITED DATA SERVICES INC 0014070 TAPE STORAGE -AUG 16 0.00 568.50 10100 117957 09/15/16 USHEALTH US HEALTHWORKS MEDICAL G 0014060 PRE-EMPLOYMENT PHYSCL 0.00 733.00 10100 117958 09/15/16 GRAINGER W.W. GRAINGER INC. 0014093 SUPPLIES -CITY HALL 0.00 109.28 10100 117959 09/15/16 WANGSHEN SHENGHAO WANG OOi REFUND -PL 2013-512 0.00 522.03 10100 117960 09/15/16 WARDKAIT KAITLIN WARD 001 FACILITY REFUND -DBC 0.00 100.00 10100 117961 09/15/16 WAXIESAN WAXIE SANITARY SUPPLY 0015333 SUPPLIES -DBC 0.00 275.71 10100 117961 09/15/16 WAXIESAN WAXIE SANITARY SUPPLY 0014093 SUPPLIES -CITY HALL 0.00 398.74 10100 117961 09/15/16 WAXIESAN WAXIE SANITARY SUPPLY 0015556 SUPPLIES -HERITAGE 0.00 812.84 TOTAL CHECK 0.00 1,487.29 10100 7.17962 09/15/16 WCMEDIA WEST COAST MEDIA 0014095 AD -DRAW SEPT 2016 0.00 250.00 ]0100 117963 09/1.5/16 WILOSMAL MALIK WILDS 001 FACILITY REFUND-PNTRA 0.00 50.00 10100 117964 09/15/16 WONGEILE EILEEN WONG 001 RECREATION REFUND 0.00 88.00 10100 117965 09/15/16 WOODRUFF WOODRUFF SPRADLING & SMA 0014020 LEGAL SVCS-C/GARDFNA 0.00 1,847.03 10100 117965 09/15/16 WOODRUFF WOODRUFF SPRADLING & SMA 0014020 LEGAL SVCS -MILLENNIUM 0.00 1,955.80 5 SUNGARD PENTAMATION INC PAGE NUMBER: 6 DATE: 09/27/2016 CITY OF DIAMOND BAR ACCTPA21 TIME: 09:18:02 CHECK REGISTER - DISBURSEMENT FUND SELECTION CRITERIA: transact.ck_date between '20160915 00:00:00.000' and '20160928 00:00:00.000' ACCOUNTING PERIOD: 3/17 -----DESCRIPTION------ SALES TAX LEGAL SVCS -COUNCIL FUND - 001 - GENERAL FUND LEGAL SVCS-P/WKS 0.00 CASH ACCT CHECK NO ISSUE DT VENDOR NAME FUND/DIVISION 10100 117965 09/15/16 WOODRUFF WOODRUFF SPRADLING & SMA 0014020 10100 117965 09/15/16 WOODRUFF WOODRUFF SPRADLING & SMA 0014020 10100 117965 09/15/16 WOODRUFF WOODRUFF SPRADLING & SMA 0014020 10100 117965 09/15/16 WOODRUFF WOODRUFF SPRADLING & SMA 0014020 10100 117965 09/15/16 WOODRUFF WOODRUFF SPRAD!,fNG & SMA 0014020 10100 117965 09/15/16 WOODRUFF WOODRUFF SPRADLING & SMA 001 10100 117965 09/15/16 WOODRUFF WOODRUFF SPRADLING & SMA 0014020 10100 117965 09/15/16 WOODRUFF WOODRUFF SPRADLING & SMA 0014020 TOTAL CHECK 0.00 RETENTIONS PAYABLE .0.00 10100 117966 09/15/16 XIAOLIME LIMEI XIAO 0015350 10100 117967 09/15/16 YEEDOUG SONGLESS YEE 001 10100 1.1.8013 09/22/16 AARP AARP 0015350 10100 118014 09/22/16 ADVANTEC ADVANTEC CONSULTING ENGI 0015551. 10100 118015 09/22/16 ASCE AMERICAN SOCIETY OF CIVI 0015551 10100 118016 09/22/16 AMIRAZOD GHOLAM R AMIRAZODI 0015551 10100 118017 09/22/16 ARCHTERR ARCHITERRA DESIGN GROUP 2505310 10100 118017 09/22/16 ARCHTERR ARCHITERRA DESIGN GROUP 2505310 10100 118017 09/22/16 ARCHTERR ARCHITERRA DESIGN GROUP 2505310 103.00 118017 09/22/16 ARCHTERR ARCHITERRA DESIGN GROUP 2505310 TOTAL CHECK 10100 118018 09/22/16 BEADORCO BEADOR CONSTRUCTION COMP 2505510 10100 118018 09/22/16 BEADORCO BEADOR CONSTRUCTION COMP 250 TOTAL CHECK 10100 118019 09/22/16 BEARSTAT BEAR STATE AIR CONDITION 0015556 10100 118019 09/22/16 BEARSTAT BEAR STATE AIR CONDITION 0015556 10100 118019 09/22/16 BEARSTAT BEAR STATE AIR CONDITION 0015333 TO'T'AL CHECK 10100 118020 09/22/16 BNIBUILD BNI BUILDING NEWS 0015510 10100 118021 09/22/16 BOUEYBEC BECKY BOUEY 001 10100 118022 09/22/16 BREA'JXKA KATHY BREAUX 0015350 10100 118023 09/22/16 DAVIDEVA DAVID EVANS AND ASSOCIAT 001 10100 118023 09/22/16 DAVTDEVA DAVID EVANS AND ASSOCIAT 001 1.0100 1.18023 09/22/16 DAVIDEVA DAVID EVANS AND ASSOCIAT 001 10100 118023 09/22/16 DAVIDEVA DAVID EVANS AND ASSOCIAT 001 10100 118023 09/22/16 DAVIDEVA DAVID EVANS AND ASSOCIAT 001 10100 118023 09/22/16 DAVIDEVA DAVID EVANS AND ASSOCIAT 001 TOTAL CHECK 10100 118024 09/22/16 HALLFORE DAVID EVANS AND ASSOCIAT 0015551 -----DESCRIPTION------ SALES TAX LEGAL SVCS -COUNCIL 0.00 LEGAL SVCS-P/WKS 0.00 LEGAL SVCS -COMM DEV 0.00 LEGAL SVCS -YMCA PRPRT 0.00 LEGAL SVCS -GENERAL 0.00 LEGAI, SVCS -PL 2016-76 0.00 LEGAL SVCS-CMGR 0.00 LEGAL SVCS-H/R 0.00 0.00 CONTRACT CLASS -SUMMER 0.00 FACILITY REFUND-HRTGE 0.00 AARP MATURE DRIVING 0.00 ENG SVCS -JUN 2016 0.00 MEMBERSHIP DUES 0.00 CONSULTANT SVCS -9/8 0.00 ENG SVCS -MINI PARKS 0.00 ENG SVCS -MINI PARKS 0.00 ENG SVCS -MINI PARKS 0.00 ENG SVCS -MINI PARKS 0.00 0.00 CONSTRCTN-DBB/B/CYN 0.00 RETENTIONS PAYABLE .0.00 0.00 SAINT SVCS -HERITAGE 0.00 REG MAINT-PANTERA PK 0.00 REG MAINT-DHC 0.00 0.00 PUBLICATIONS-P/WKS 0.00 RECREATION REFUND 0.00 CONTRACT CLASS -FALL 0.00 ADMIN FEE -PR 11-261 0.00 PROF.SVCS-PR 11-261 0.00 ADMIN FEE -PR 11-261. 0.00 ADMIN FEES -PR 11-261 0.00 PROF.SVCS-PR 11-261 0.00 ADMIN FEES -PR 11-261 0.00 0.00 PROF. SVCS -PLAN CHECK 0.00 AMOUNT 2,163.20 3,640.00 4,929.60 5,679.80 41.60 166.40 1,331.20 20.80 21,775.43 277.20 50.00 175.00 1,080.00 295.00 2,268.00 24.84 24.84 1,104.37 1,104.38 2.,258.43 79,712.10 -3,965.61 75,726.49 155.00 85.00 1,147.28 1,38'7.28 383.40 90.00 129.00 141.75 787.50 -141.75 97.20 540.00 -97.20 1,327.50 270.00 SUNGARD PENTACATION INC PAGE NUMBER: 7 DATE: 09/27/2016 CITY OF DIAMOND BAR ACCTPA21 TIME: 09:18:02 CHECK REGISTER - DISBURSEMENT FUND SELECTION CRITERIA: tiansact.ck_date between '20160915 00:00:00.000' and '20160928 00:00:00.000' ACCOUNTING PERIOD: 3/17 FUND - 001 - GENERAL FUND PROF.SVCS-PLAN CHECK 0.00 CASH ACCT CHECK NO ISSUE DT VENDOR NAME FUND/DIVISION 10100 118024 09/22/16 HALLFORE DAVID EVANS AND ASSOCIAT 0015551 10100 118024 09/22/16 HALLFORE DAVID EVANS AND ASSOCIAT 0015551 10100 118024 09/22/16 HALLFORE DAVID EVANS AND ASSOCIAT 0015551 10100 118024 09/22/16 HALLFORE DAVID EVANS AND ASSOCIAT 0015551 TOTAL CHECK PROF.SVCS-AUG 2016 0.00 10100 118025 09/22/16 DFSFLOOR DFS FLOORING LP 0015556 10100 118025 09/22/16 DFSFLOOR DFS FLOORING LP 0015556 10100 118025 09/22/16 DFSFLOOR DFS FLOORING LP 0015333 TOTAL CHECK EQ MAINT-DIST 39 0.00 10100 118026 09/22/16 DBHANDCA DIAMOND BAR HAND CAR WAS 5205230 10100 118026 09/22/16 DBHANDCA DIAMOND BAR HAND CAR WAS 5205556 10100 118026 09/22/16 DBHANDCA DIAMOND BAR HAND CAR WAS 5204093 TOTAL CHECK 10100 118027 09/22/16 DBMOBIL DIAMOND BAR MOBIL 5204093 10100 118027 09/22/16 DBMOBIL DIAMOND BAR MOBIL 5205556 TOTAL CHECK 10100 118028 09/22/16 EXCELLAN EXCEL LANDSCAPE INC 0015556 10100 118028 09/22/16 EXCELLAN EXCEL LANDSCAPE INC 1415541 10100 118028 09/22/16 EXCELLAN EXCEL LANDSCAPE INC 1385538 10100 118028 09/22/16 EXCELLAN EXCEL LANDSCAPE INC 1395539 10100 118028 09/7.2/16 EXCELLAN EXCEL LANDSCAPE INC 1395539 10100 118028 09/22/16 EXCELLAN EXCEL LANDSCAPE INC 1415541 10100 118028 09/22/16 EXCELLAN EXCEL LANDSCAPE INC 1385538 TOTAL CHECK 10100 118029 09/22/16 EXTERIOR EXTERIOR PRODUCTS INC 0014096 10100 118030 09/22/16 FEHRPEER FEHR & PEERS 0015551 10100 118031 09/22/16 FRANCHIS FRANCHISE TAX BOARD 001 10100 118032 09/22/16 GARGMAHE MAHENDRA GARG 001.557.0 1.0100 7.18033 09/22/16 GLENNSRE GLENN'S REFRIGERATION CO 0015333 10100 116034 09/22/16 GOVCONNR GOVCONNECTION INC 0014070 10100 118035 09/22/16 HUAGARY GARY PUT, 001 10100 118036 09/22/16 ITERIS ITERIS INC 0015554 10100 118037 09/22/1.6 JIMEJASO JASON JIMENEZ 001 1.01.00 118038 09/22/16 LANDSTRU LANDSCAPE STRUCTURES INC 1395539 10100 118038 09/22/16 LANDSTRU LANDSCAPE STRUCTURES INC 0015556 TOTAL CHECK 10100 118039 09/22/16 LACMTA LOS ANGELES COUNTY MTA 1125553 -----DESCRIPTION------ SALES TAX PROF.SVCS-PLAN CHECK 0.00 PROF.SVCS-PLAN CHECK 0.00 PROF.SVCS-PLAN CHECK 0.00 PROF.SVCS-PLAN CHECK 0.00 0.00 CARPET MATNT-PANTERA 0.00 CARPET MAINT-HERITAGE 0.00 ADD, MAINT-DHC 0.00 0.00 0.00 CAR WASH-NGHBRHD IMP 0.00 CAR WASH-P/WORKS 0.00 CAR WASH -POOL VEH 0.00 ADDL MAINT-DIST 41 0.00 VEH MAINT-POOL VEH 0.00 VEH MAINT-PK & REC 0.00 0.00 MONTHLY MAINT-PARKS 0.00 MONTHLY MAINT-DIST 41 0.00 MONTHLY MAINT-DIST 38 0.00 MONTHLY MAINT-DIST 39 0.00 ADDL MAINT-DIST 39 0.00 ADDL MAINT-DIST 41 0.00 ADDL MAINT-DIST 38 0.00 0.00 INSTALL -ST BANNERS 0.00 PROF.SVCS-AUG 2016 0.00 MIST PAYABLE 0.00 'I & T COMM -SEPT 16 0.00 MATNT-DBC 0.00 COMP MAINT-SERVERS 0.00 FACILITY REFUND -DBC 0.00 ENG SVCS -AUG 2016 0.00 FACILITY REFUND -DBC 0.00 EQ MAINT-DIST 39 0.00 EQ MAINT-PANTERA 0.00 0.00 CITY SUBSIDY -AUG 2016 0.00 AMOUNT 655.00 270.00 270.00 187.50 1,652.50 385.00 385.00 150.00 920.00 15.99 142.84 235.84 394.67 60.20 60.20 120.40 325.00 4,143.87 10,848.00 11,610.95 232.38 261.29 332.58 27,754.07 8,439.00 368.55 60.89 45.00 170.00 9,541.47 1,150.00 2,568.47 850.00 1,7.12.63 1,250.23 2,462.8E 519.20 SUNDAES) PENTAMATION INC PACE NUMBER: 8 DATE: 09/27/2016 CITY OF DIAMOND BAR ACCTPA21 TIME: 09:18:02 CHECK REGISTER - DISBURSEMENT FUND SELECTION CRITERIA: transact.ck_date between '20160915 00:00:00.000' and '20160928 00:00:00.000' ACCOUNTING PERIOD: 3/1'/ -----DESCRIPTION------ SALES TAX MTA PASSES -AUG 2016 FUND - 001 - GENERAL FUND CASH ACCT CHECK NO ISSUE DT VENDOR NAME FUND/DIVISION 10100 118039 09/22/16 LACMTA LOS ANGELES COUNTY MTA 1125553 TOTAL CHECK SPCL EVENT -CONCERTS 0.00 CONTRACT SVCS-JUL 16 10100 118040 09/22/16 LASHERIF LOS ANGELES COUNTY SHERI 0014411 10100 118040 09/22/16 LASHERIF LOS ANGELES COUNTY SHERI 0014411 10100 118040 09/22/16 LASHERIF LOS ANGELES COUNTY SHERI: 0015350 10100 118040 09/22/16 LASHERIF LOS ANGELES COUNTY SHERI 0015350 10100 118040 09/22/16 LASHERIF LOS ANGELES COUNTY SHERI 0015350 10100 118040 09/22/16 LASHERIF LOS ANGELES COUNTY SHERI 0014411 TOTAL CHECK T & T COMM -SEPT 16 0.00 ALARM SVCS -CITY HALL 10100 118041 09/22/16 MCCRORYC CHARLES D MCCRORY 0014060 10100 118042 09/22/16 MCECORPO MCE CORPORATION 0015554 10100 118042 09/22/16 MCECORPO MCE CORPORATION 0015554 TOTAL CHECK REFUND -AUG 2016 0.00 TAP SVCS -AUG 2016 10100 118043 09/22/16 MEHTASUR SURENDRA MEHTA 0015510 10100 118044 09/22/16 METROLIN METROLINK 1125553 10100 118044 09/22/16 METROLIN METROLINK 1125553 TOTAL CHECK 10100 118045 09/22/16 PTS PACIFIC TELEMANAGEMENT S 0015556 10100 118046 09/22/16 PALEOIDA IDANELIS PALEO 001 10100 118047 09/22/16 PATTONCA CAMERON PATTON 0015350 10100 118048 09/22/16 PECHYEDW EDWARD PECHY 0015510 10100 118049 09/22/16 PSI PROTECTION ONE INC 0014093 10100 118050 09/22/16 PUBLICST PUBLIC STORAGE #23051 0014030 10100 118050 09/22/16 PUBLICST PUBL:tC STORAGE #23051 0014030 10100 118050 V 09/22/16 PUBLICST PUBLIC STORAGE, #23051 0014030 101.00 118050 V 09/22/16 PUBLICST PUBLIC STORAGE #23051 0014030 TOTAL CHECK 10100 118051 09/22/16 QUANCYNT CYNTHIA L QUAN 0015510 10100 118052 09/22/16 RISC REGIONAL TAP SERVICE CEN 1125553 10100 118052 09/22/16 RISC REGIONAL TAP SERVICE CEN 1125553 10100 118052 09/22/16 RISC REGIONAL TAP SERVICE CEN 1125553 10100 118052 09/22/16 RISC REGIONAT, TAP SERVICE CEN 1125553 TOTAL CHECK 101.00 118053 09/22/16 ROJASNOR NORA ROJAS 001 10100 118054 09/22/16 SIMPSONA SIMPSON ADVERTISING INC 0014095 10100 118055 09/22/16 SOCALSAN SO CAL INDUSTRIES 0015556 -----DESCRIPTION------ SALES TAX MTA PASSES -AUG 2016 0.00 0. 00 SPCL SVCS -ST SWEEPER 0.00 CALVARY CHAPEL-JUL 16 0.00 SPCL EVENT -41H OF JUL 0.00 SPCI, EVENT -CONCERTS 0.00 SPCL EVENT -CONCERTS 0.00 CONTRACT SVCS-JUL 16 0.00 0.00 PROF.SVCS-H/R 0.00 RIGHT-OF-WAY MAINT 0.00 VEGETATION CONTROL 0.00 0.00 T & T C0bM7-SEPT 16 0.00 METROLINK PASSES -SEPT 0.00 CITY SUBSIDY -SEPT 16 0.00 0.00 PARK PAY PHONES -OCT 0.00 RECREATION REFUND 0.00 OFFICIAL SVCS -JUN 16 0.00 T & T COMM -SEPT 16 0.00 ALARM SVCS -CITY HALL 0.00 CONTRACT CLASS -FALL 0.00 STORAGE RENTAL -OCT 16 0.00 CONTRACT CLASS -FALL 0.00 STORAGE RENTAL -OCT 16 0.00 0.00 T & T COMM -SEPT 16 0.00 REFUND -AUG 2016 0.00 TAP SVCS -AUG 2016 0.00 CITY SUBSIDY -AUG 2016 0.00 COMMISSION -AUG 2016 0.00 0.00 FACILITY REFUND-HTRGE 0.00 GRAPHIC DESIGN SVCS 0.00 EQ RENTAL -PARK 0.00 AMOUNT 2,076.80 2,596.00 1,051.08 9,204.71 5,231.65 870.49 2,176.24 499,190.22 517,724.39 450.00 2,235.04 12,448.28 14,683.32 45.00 54,742.80 13,685.70 68,428.50 495.84 194.00 1,216.00 45.00 27.85 180.00 350.00 180.00 350.00 0.00 45.00 -340.00 16,237.80 4,150.20 -601.44 19,446.56 200.00 1,765.00 287.12 SUNGARD PENTAMATION INC PAGE NUMBER: 9 DATE: 09/27/2016 CITY OF DIAMOND BAR ACCTPA21 TIME: 09:18:02 CHECK REGISTER - DISBURSEMENT FUND SELECTION CRITERIA: transact.ck_date between '20160915 00:00:00.000' and '20160928 00:00:00.000' ACCOUNTING PERIOD: 3/17 FUND - 001 - GENERAL FUND CASH ACCT CHECK NO ISSUE DT VENDOR NAME FUND/DIVISION -----DESCRIPTION------ SALES TAX AMOUNT 10100 118056 09/22/16 SCAQMD SO COAST AIR QUALITY MGT 0014030 RENTAL-MTG FACILITY 0.00 2,262.81 10100 118057 09/22/16 SOCIALVO SOCIAL VOCATIONAL SERVIC 0015558 RAINY L LITTER REMOVA 0.00 2,181.04 10100 118058 09/22/16 SOFTWARE SOFTWAREONE INC 001.4070 ELECTRONIC SOFTWARE D 0.00 18,376.80 10100 118059 09/22/16 SCE SOUTHERN CALIFORNIA EDIS 1385538 ELECT SVCS-DIST 38 0.00 98.45 10100 118059 09/22/16 SCE SOUTHERN CALIFORNIA EDIS 1415541 ELECT SVCS-DIST 41 0.00 26.02 10100 116059 09/22/16 SCE SOUTHERN CALIFORNIA EDIS 1415541 ELECT SVCS-DIST 41 0.00 26.15 10100 118059 09/22/16 SCE SOUTHERN CALIFORNIA EDIS 1385538 ELECT SVCS-DIST 38 0.00 26.44 10100 118059 09/22/16 SCE SOUTHERN CALIFORNIA EDIS 0015556 ELECT SVCS-T/CONTROL 0.00 29.34 10100 118059 09/22/16 SCE SOUTHERN CALIFORNIA EDIS 0015333 ELECT SVCS -DHC 0.00 8,953.40 10100 118059 09/22/16 SCE SOUTHERN CALIFORNIA EDIS 1385538 ELECT SVCS-DIST 38 0.00 24.44 TOTAL CHECK 0.00 9,184.24 10100 118060 09/22/16 SPARKLET SPARKLE'IT'S 0014030 WATER SUPPLIES-C/HALL 0.00 211.72 10100 118060 09/22/1.6 SPARKLET SPARKLETTS 0014030 EQ RENTAL -CITY HALL 0.00 2.99 TOTAL CHECK 0.00 214.71 10100 118061 09/22/16 SCGAS THE GAS COMPANY 0014093 GAS SVCS -CITY HALL 0.00 688.55 10100 118062 09/22/16 THEMINIE THE MINI EXPRESS INC 1125350 RENTAL -DB 4Y0UTH 0.00 400.00 10100 118063 09/22/16 TAITDAVT THE TAIT GROUP INC 0015551 CONSULTANT SVCS -57/60 0.00 3,500.00 10100 118064 09/22/16 ADELPHIA TIME WARNER CABLE 0014070 PH.SVCS-INTERNET 0.00 1,040.00 10100 118065 09/22/16 TUCKERRA RAYMOND MICHAEL TUCKER 0015350 CONTRACT CLASS -FALL 0.00 420.00 10100 118066 09/22/16 USPSBULK UNITED STATES POSTAL SER 0014095 BULK MAIL A/C -3339 0.00 25,000.00 10100 118067 09/22/16 VANTAGEP VANTAGEPOINT TRNSFR AGNT 001 9/23/16-P/R DEDUCTION 0.00 5,681.14 10100 118067 09/22/16 VANTAGEP VANTAGEPOINT TRNSFR AGNT 001 9/23/16 -LOAN DEDUCTIO 0.00 3,159.55 TOTAL CHECK 0.00 8,840.69 10100 118068 09/22/16 VIDIFLOL VTDIFLO LLC 0014095 PROF.SVCS-P/INFO 0.00 699.00 10100 118069 09/22/16 VISIONIN VISION TECHNOLOGY_ SOLUTI 0014070 MONTHLY HOSTING SVCS 0.00 180.00 10100 118070 09/22/16 WVWATER WALNUT VALLEY WATER DIST 0014093 WATER SVCS-C/HALL 0.00 647.05 10100 118070 09/22/16 WVWATER WALNUT VALLEY WATER DIST 1385538 WATER SVCS-DIST 38 0.00 1,279.00 10100 118070 09/22/16 WVWATER WALNUT VALLEY WATER DIST 0015333 WATER SVCS -DBC 0.00 338.12 10100 118070 09/22/16 WVWATER WALNUT VALLEY WATER DIST 1395539 WATER SVCS-DIST 39 0.00 8,284.72 10100 118070 09/22/16 WVWATER WALNUT VALLEY WATER DIST 1385536 WATER SVCS-DIST 38 0.00 9,395.58 10100 118070 09/22/16 WVWATER WALNUT VALLEY WATER DIST 1415541 WATER SVCS -DISI' 41 0.00 5,643.65 10100 118070 09/22/16 WVWATER WALNUT VALLEY WATER DIST 0015556 WA'T'ER SVCS -PARKS 0.00 28,097.14 TOTAL CHECK 0.00 53,685.26 10100 118071 09/22/16 WAXIESAN WAXIE SANITARY SUPPLY 0015333 SUPPLIES -DHC 0.00 67.80 10100 118071 09/22/16 WAXIESAN WAXIE SANITARY SUPPLY 0015333 SUPPLIES -DBC 0.00 356.95 TOTAL CHECK 0.00 424.75 SUNGARD PENTAMATION INC PAGE NUMBER: 10 DATE: 09/27/2016 CITY OF DIAMOND BAR ACCTPA21 TIME: 09:18:02 CHECK REGISTER - DISBURSEMENT FUND - SELECTION CRITERIA: tYansact.ck_date between 120160915 00:00:00.000' and '20160928 00:00:00.000' ACCOUNTING PERIOD: 3/17 FUND - 001 - GENERAL FUND CASH ACCT CHECK NO ISSUE AT VENDOR NAME FUND/DIVISION -----DESCRIPTION------ SALES TAX AMOUNT 10100 118072 09/22/16 WESTCOAS WEST COAST ARBORISTS INC 0015558 WATERING SVCS -AUG 16 0.00 720.60 10100 118072 09/22/16 WESTCOAS WEST COAST ARBORISTS INC 0015558 MAINT SVCS -AUG 16 0.00 8,473.95 10100 118072 09/22/16 WESTCOAS WEST COAST ARSONISTS INC 1385538 MAINT SVCS-DIST 38 0.00 332.10 TOTAL CHECK 0.00 9,526.65 10100 11.8073 09/22/16 WONGTHOM THOMAS WONG 0015350 CONTRACT CLASS -FALL 0.00 192.00 10100 118074 09/22/16 WRIGHTP PAUL WRIGHT 0014030 A/V SVCS-CNCL MTG 0.00 175.00 10100 118075 09/22/16 ZARATEAD ADANARI ZARATE 001 FACILITY REFUND -DBC 0.00 350.00 10100 118075 09/22/16 ZARATEAD ADANARI ZARATE 001 FACILITY CHRGS-DBC 0.00 -100.00 TOTAL CHECK 0.00 250.00 7.0100 PP20/16 09/22/16 BF.NESYST EENESYST 001 P/R DEDUC-FLEX SPNDNG 0.00 901.90 101.00 20 -PP 16 09/22/16 PAYROLI, PAYROLL TRANSFER 001 P/R TRANSFER-20/PP 16 0.00 160,934.08 10100 20 -PP 16 09/22/16 PAYROLL PAYROLL TRANSFER 112 P/R TRANSFER-20/PP 16 0.00 3,547.67 10100 20 -PP 16 09/22/16 PAYROLL PAYROLL TRANSFER 113 P/R TRANSFER-20/PP 16 0.00 3,945.48 10100 20 -PP 16 09/22/16 PAYROLL PAYROLL TRANSFER 115 P/R TRANSFER-20/PP 16 0.00 10,541.89 10100 20 -PP 16 09/22/16 PAYROLL PAYROLL TRANSFER 138 P/R TRANSFER-20/PP 16 0.00 960.01 10100 20 -PP 16 09/22/16 PAYROLL PAYROLL TRANSFER 139 P/R TRANSFER-20/PP 16 0.00 480.01 10100 20 -PP 16 09/22/16 PAYROLL PAYROLL TRANSFER 141 P/R TRANSFER-20/PP 16 0.00 480.01 TOTAL CHECK 0.00 180,889.15 10100 PP 20/16 09/22/16 PERSRETI PEAS RETIREMENT 001 RETIRE CONTRIB-EE 0.00 229.42 10100 PP 20/16 09/22/16 PERSRETI PERS RETIREMENT 001 SURVIVOR BENEFIT 0.00 8.00 101.00 PP 20/16 09/22/16 PERSRETI PERS RETIREMENT 001 RETIRE CONTRIB-PEPRA 0.00 191.06 TOTAL CHECK 0.00 428.4B 10100 PP20/16- 09/22/16 PERSRETI PERS RETIREMENT FUND 001 RETIRE CONTRIB-PEPRA 0.00 559.45 10100 PP20/16- 09/22/16 PERSRETI PERS RETIREMENT FUND 001 RETIRE CONTRIB-EE 0.00 26,090.80 10100 PP20/16- 09/22/16 PERSRETI PERS RETIREMENT FUND 001 SURVIVOR BENEFIT 0.00 45.57 TOTAL CHECK 0.00 26,695.82 TOTAL CASH ACCOUNT 0.00 1,548,966.28 TOTAL FUND 0.00 1,548,966.28 TOTAL REPORT 0.00 1,548,966.28 Agenda # 6 , 7 Meeting Date: Oct. 4, 2016 CITY COUNCIL AGENDA REPORT �oRYORT TO: Honorable Mayor and Members of,,the City Council VIA: James DeStefano, City Ma a TITLE: Treasurer's Statement — August 20 6 RECOMMENDATION: Approve the August 2016 Treasurer's Statement. FINANCIAL IMPACT: No Fiscal Impact BACKGROUND: Per City policy, the Finance Department presents the monthly Treasurer's Statement for the City Council's review and approval. This statement shows the cash balances with a breakdown of various investment accounts and the yield to maturity from investments. This statement also includes an investment portfolio management report which details the activities of investments. All investments have been made in accordance with the City's Investment Policy. PREPARED BY: Susan Full, Senior Accountant REVIEWED BY: LA/ Py 1 Jrt t J,1(_ Dianna Honeywell, Finance Di ctor Attachments: Treasurer's Statement, Investment Portfolio Report CITY OF DIAMOND BAR - CITY TREASURER'S REPORT CASH BALANCE AS OF AUGUST 31, 2016 BEGINNING CASH BALANCE $32,010,407.34 CASH RECEIVED Cash Receipts $1,882,617.02 Total Cash Received $1,882,617.02 $33,893,024.36 EXPENDITURES Checks Written ($1,401,455.16) Payroll & Pers Transfers (469,196.84) Wire Transfers 0.00 Returned Checks 0.00 Charge Card Fees & Other Adjustments (3,506.66) Total Expenditures ($1,874,158.66) CASH BALANCE AS OF: AUGUST 31, 2016 $32,018,865.70 TOTAL CASH BREAKDOWN Active Funds General Account ($157,963.64) Payroll Account $52,315.82 Change Fund $1,400.00 Petty Cash Account $500.00 Parking Account Minimum $250.00 Cash With Fiscal Agent $28.77 Amount Unamortized on Investments ($53,949.76) Total Active Funds ($157,418.81) Investment Funds: Federal Credit Union $248,000.00 Local Agency Investment Fund $5,386,697.47 Corporate Notes $506,296.87 Federal Agency Callable $12,293,995.44 Bank Negotiable CDs $9,280,247.06 Municipal Bonds $3,808,410.39 Wells Fargo Advantage Money Market Fund $652,637.28 Total Investment Funds 32,176,284.51 CASH BALANCE AS OF: AUGUST 31, 2016 $32,018,865.70 FY2016-17 Year -To -Date Effective Rate of Return 1.35% FY2016-17 Year -To -Date Interest Earnings $75,454.23 FY2016-17 Budgeted Annual Interest Earnings $330,200.00 CITY OF DIAMOND BAR - CITY TREASURER'S REPORT CASH BALANCE AS OF AUGUST 31, 2016 BEGINNING CASH BALANCE $32,010,407.34 CASH RECEIVED Cash Receipts $1,882,617.02 Total Cash Received $1,882,617.02 $33,893,024.36 EXPENDITURES Checks Written ($1,401,455.16) Payroll & Pers Transfers (469,196.84) Wire Transfers 0.00 Returned Checks 0.00 Charge Card Fees & Other Adjustments (3,506.66) Total Expenditures ($1,874,158.66) CASH BALANCE AS OF: AUGUST 31, 2016 $32,018,865.70 TOTAL CASH BREAKDOWN Active Funds General Account ($157,963.64) Payroll Account $52,315.82 Change Fund $1,400.00 Petty Cash Account $500.00 Parking Account Minimum $250.00 Cash With Fiscal Agent $28.77 Amount Unamortized on Investments ($53,949.76) Total Active Funds ($157,418.81) Investment Funds: Federal Credit Union $248,000.00 Local Agency Investment Fund $5,386,697.47 Corporate Notes $506,296.87 Federal Agency Callable $12,293,995.44 Bank Negotiable CDs $9,280,247.06 Municipal Bonds $3,808,410.39 Wells Fargo Advantage Money Market Fund $652,637.28 Total Investment Funds 32,176,284.51 CASH BALANCE AS OF: AUGUST 31, 2016 $32,018,865.70 FY2016-17 Year -To -Date Effective Rate of Return 1.35% FY2016-17 Year -To -Date Interest Earnings $75,454.23 FY2016-17 Budgeted Annual Interest Earnings $330,200.00 CITY OF DIAMOND BAR INVESTMENT PORTFOLIO SUMMARY REPORT for the Month of August 31, 2016 INVESTMENTS BOOK VALUE PERCENT OF PORTFOLIO TERM DAYS TO MATURITY YIELD TO MATURITY Federal Credit Union CD $248,000.00 0,77% 1,827 1,608 2.050 Local Agency Investment Fund $5,386,697.47 16.74% 1 1 0.576 Corporate Notes $506,296.87 1.57% 1820 1636 1.953 Federal Agency Issues - Callable $12,293,995.44 38,21% 1,572 298 1.275 Negotiable CD's - Banks $9,280,247.06 28.84% 1,702 1,109 1.679 Municipal Bonds $3,808,410.39 11.84% 1,446 1,245 2.049 Wells Fargo Sweep Account $652,637.28 2.03% 1 1 0.010 Total Investments and Averages 32,176,284.51 100.00% 1,305 619 1,357 TOTAL INTEREST EARNED 1�^ I certify that this report accurately reflects all City pooled investments Jaes De tela o and is in conformity with the investment policy of the City of Diamond Bar City Treasurer approved by City Council and on file in the City Clerk's office. The investment program herein provides sufficient cash flow liquidity to meet the next six months estimated expenditures. 9/27/2016 Date MONTH ENDING August 31, 2016 $35,023.56 FISCAL YEAR-TO-DATE 2016-17 $75,454.23 Page 1 Investments City of Diamond Bar Portfolio Management Portfolio Summary August 31, 2016 Par Market Value Value Federal Credit Union CD 248000.00 248,000.00 Local Agency Investment Funds 5,386,697.47 5,390,043.80 Corporate Notes 500,000.00 513,452.50 Federal Agency Callable 12,300,000.00 12,288,445.85 Negotiable CD 9,280,000.00 9461,159.73 Municipal Bonds 3,755,000.00 3,850,725.75 Wells Fargo Sweep Account 652,637.28 652,637.28 11.84 32,122,334.75 32,404,464.91 Investments 2.03 1 Total Earnings August 31 Month Ending Fiscal Year To Date Current Year 35,023.56 75,454.23 Average Daily Balance 32,368,865.80 32,914,323.76 Effective Rate of Return 1.27% 1.35% Dianna Honeywell, Finance Director j '-ffi City of Diamond Bar 21810 Copley Drive Diamond Bar, CA (909)839-7053 Book % of Days to YTM/C Value Portfolio Term Maturity 248000.00 0.77 1,827 1,608 5,386,697.47 16.74 1 1 506, 296.87 1.57 1,820 1,636 12,293,995.44 38.21 1,572 298 9,280,247.06 28.84 1,702 1,109 3, 808, 410.39 11.84 1,446 1,245 652,637.28 2.03 1 1 32,176,284.51 100.00% 1,305 619 2.050 0.576 1.953 1.275 1.679 2.049 0.010 1.357 Reporting period 08/01/2016-08/31/2016 Portfolio POOL AP Run Date: 09/2712016 -11:44 PM (PRF_PM1) 7.3.0 Report Ver 7 3 3b City of Diamond Bar Report Ver, 7 3 3b Portfolio Management Page 1 Portfolio Details - Investments August 31, 2016 Average Purchase Stated Daysto YTM/C Maturity CUSIP Investment# Issuer Balance Date Par Value Market Value Book Value Rate Term Maturity Date Federal Credit Union CD CFCU2099 10144 Citadel Federal Credit Union 01/26/2016 248,000.00 248,000.00 248,000.00 2.050 1,827 1,608 2.050 01/26/2021 Subtotal and Average 248,000.00 248,000.00 248,000.00 248,000.00 1,827 1,608 2.050 Local Agency Investment Funds LAT 10028 Local Agency Investment Fund 5,386,697.47 5,390,043.80 5,386,697.47 0.576 1 1 0.576 Subtotal and Average 5,773,794.24 5,386,697.47 5,390,043.80 5,386,697.47 1 1 0.576 Corporate Notes 037833BSB 10148 Apple Inc 03/01/2016 500,000.00 513,452.50 506,296.87 2.250 1,820 1,636 1.953 02/23/2021 Subtotal and Average 506,351.69 500,000.00 513,452.50 506,296.87 1,820 1,636 1.953 Federal Agency Callable 3133EC7A6 10043 Federal Farm Credit Bank 12/12/2012 1,000,000.00 999,490.00 999,743.89 0.820 1,826 467 0.840 12/12/2017 3133EC7B4 10044 Federal Farm Credit Bank 12/13/2012 500,000.00 499,358.00 499,935.83 0,840 1,826 466 0.850 12/13/2017 3133ECNY6 10056 Federal Farm Credit Bank 05/08/2013 500,000.00 500,026.50 499,915.69 0.950 1,826 614 0.960 05/08/2018 3133ECP40 10060 Federal Farm Credit Bank 05/09/2013 500,000.00 500,002.50 499,870.83 0.640 1,461 250 0.678 05/09/2017 3133EGAZ8 10156 Federal Farm Credit Bank 05/17/2016 500,000.00 498,923.50 500 000.00 1.580 1,737 77 1.580 02/17/2021 3133EGLU7 10166 Federal Farm Credit Bank 07/14/2016 500,000.00 497,945.50 499,756 53 1.480 1,826 43 1.490 07/14/2021 313362Y98 10057 Federal Home Loan Bank 05/16/2013 500,000.00 499,209.50 500,000.00 1.000 1,826 622 1.000 05/16/2018 3133834Y4 10059 Federal Home Loan Bank 05/29/2013 500,000.00 497,864.50 500,000.00 1.040 1,826 635 1 040 05/29/2018 313381G82 10118 Federal Home Loan Bank 07/13/2015 250,000.00 249,18275 247,953.01 1.385 1,620 1,204 1.643 12/19/2019 313OA2MW3 10132 Federal Home Loan Bank 10/09/2015 500,000,00 500,911.00 502,261.17 1.250 1,399 160 1.895 08/08/2019 3130A6XG7 10137 Federal Home Loan Bank 12/28/2015 500,000.00 500,550.50 500,000.00 0.750 366 118 0.750 12/28/2016 3130A7CV5 10149 Federal Home Loan Bank 03/01/2016 500,000.00 502,999.50 499,460 44 1.375 1,815 1,631 1,400 02/18/2021 3130A7VVW1 10155 Federal Home Loan Bank 05/25/2016 500,000.00 500,122.50 500,000.00 1.250 1,826 85 2091. 05/25/2021 313OA8PZO 10165 Federal Home Loan Bank 07/12/2016 500,000.00 498,725.00 500,000.00 0.840 730 133 0.840 07/12/2018 313OA6V75 10169 Federal Home Loan Bank 08/22/2016 500,000.00 499,689.00 500,000.00 1 050 730 82 1.050 08/22/2018 3134G3S50 10040 Federal Home Loan Mtg Corp 10/26/2012 500,000.00 500,190.50 499,989.62 0.625 1,467 61 0.638 11/01/2016 3134G7S77 10133 Federal Home Loan Mtg Corp 10/29/2015 500,000.00 500,165.00 500,000.00 1.125 1,827 58 1.125 10/29/2020 3134G9QH3 10157 Federal Home Loan Mtg Corp 05/26/2016 500,000.00 500,095.00 500,000.00 1.125 914 267 1.125 11/26/2018 3134G9QJ9 10158 Federal Home Loan Mtg Corp 06/30/2016 500,000.00 500,081.00 500,000.00 1.875 1,826 29 1.875 06/30/2021 3134G9XD4 10163 Federal Home Loan Mtg Corp 06/30/2016 500,000.00 500,013.00 500,000.00 1.250 1,826 120 2.091 06/30/2021 3136GO2H3 10128 Federal National Mtg Assn 09/24/2015 300,000.00 300,075.60 299,332.77 1.350 1,321 67 1.621 05/07/2019 3135GOSYO 10141 Federal National Mtg Assn 01/20/2016 500,000.00 498623,50 498,905.72 1.600 1,800 23 1.873 12/24/2020 3136G3JY2 10152 Federal National Mtg Assn 05/03/2016 500,000.00 499,580.50 498,832.17 1.500 1,821 57 1.552 04/28/2021 Portfolio POOL AP Run Date, 99/27/2016-11.44 PM (PRF PN12) T3.0 Report Ver, 7 3 3b City of Diamond Bar Portfolio Management Paget Portfolio Details - Investments August 31, 2016 CUSIP Average Investment# Issuer Balance Purchase Date Par Value Market Value Book Value Stated Rate Days to Term Maturity YTM/C Maturity Date Federal Agency Callable 3136G3ZY4 10167 Federal National Mtg Assn 07/27/2016 250,000.00 248,054.00 249,50944 1300 1,826 148 1.341 07/27/2021 3136G3XF7 10168 Federal National Mtg Assn 07/27/2016 500 000.00 496,562.50 498,528.33 1.250 1,826 148 1.312 07/27/2021 Subtotal and Average 12,116,508.90 12,300,000.00 12,288,445.85 12,293,995.44 1,572 298 1175 Negotiable CD 02006LNF6 10108 Ally Bank UT 01/29/2015 248,000.00 249,434 68 248,000.00 1 250 1,096 515 1.045 01/29/2018 020080AV9 10130 ALMA Bank Astoria NY 10/01/2015 249,000.00 255,96802 249,000.00 1700 1,460 1,124 1.701 09/30/2019 02587DMV7 10052 American Express Centurion Bk 05/02/2013 248,000.00 250,107.75 248,000.00 1.100 1,826 608 1.101 05/02/2018 02587CAWO 10098 American Express Centurion Bk 08/21/2014 248,000.00 255,444.71 248,000.00 2.100 1,826 1,084 2.101 08/21/2019 06740KHB6 10091 Barclays Bank 07/02/2014 248,000.00 254,297.22 248,000.00 2.050 1,826 1,034 2.051 07/02/2019 05568P7A9 10081 BMW Bank 04/25/2014 248,000.00 253,952.25 248,000.00 1.900 1,826 966 1.901 04/25/2019 14042E4P2 10120 Capital One Bank 07/15/2015 248,000.00 256,597.66 248,000.00 2.300 1,827 1,413 2.303 07/15/2020 140420XR6 10151 Capital One Bank 04/06/2016 248,000.00 253,295.54 248,000.00 1.700 1,826 1,678 1.701 04/06/2021 20033ALQ7 10117 Comenity Capital Bank 07/14/2015 248,00000 256,611.80 248,000.00 2.350 1,826 1,411 2.355 07/13/2020 20451 PBV7 10066 Compass Bank 08/07/2013 248,000.00 252,691.42 248,000.00 1.750 1,826 705 1.751 08/07/2018 254671 G53 10075 Discover Bank. 02/20/2014 248,000.00 252,834.02 248,000.00 1.850 1,826 902 1 851 02/20/2019 29266NG84 10107 EnerBank USA 01/29/2015 248,000.00 253,298.77 248,000.00 1,400 1,461 880 1.400 01/29/2019 29976DZD5 10119 Everbank/Jacksonville FL 07/14/2015 248,000.00 256,653.22 248,000.00 2.000 1,827 1,412 2.002 07/14/2020 33767AVK4 10146 First Bank Puerto Rico 02/12/2016 248,000.00 255,060.81 248,000.00 1.850 1,827 1,625 1 850 02/12/2021 34387ABA6 10102 Flushing Savings Bank 12/10/2014 248,000.00 257 677.59 248,000.00 1.800 1,461 830 1.800 12/10/2018 308863AH2 10147 FARMERS&MERCH SAVINGS BK 02/29/2016 248,000.00 253,866.94 248,000 00 1.550 1,824 1,639 1.552 02/26/2021 36160WK57 10026 GE Capital Financial Inc. 05/04/2012 248,000.00 249,697.31 248,000.00 1.750 1,826 245 1.751 05/04/2017 36160KZK4 10073 GE Capital Retail Bank 01/31/2014 248,000.00 253,561.90 248,000.00 1.900 1,826 882 1-901 01/31/2019 38148J6M8 10142 Goldman Sachs Bank 01/27/2016 248,000.00 257,718.62 248,000.00 2.100 1,827 1,609 2.102 01/27/2021 06251AK25 10131 Bank of Hapoalim NY 10/09/2015 245,000.00 254,080.68 245,000.00 2.000 1,827 1,499 2.002 10/09/2020 40434YBK2 10171 HSBC Bank USA 08/31/2016 248,000.00 248,000.00 248,000.00 1.250 1,826 1,825 0.961 08/31/2021 45383UPJ8 10077 Independent Bank CD 03/14/2014 248,000.00 249,498.91 248,000.00 0.900 1,280 378 0.902 09/14/2017 856284X58 10094 State Bank of India 07/22/2014 248,000.00 254,384.26 248,000 00 2.000 1,826 1,054 2.001 07/22/2019 464209BR5 10054 Isabella Bank &Trust Company 05/30/2013 248,000.00 248,09077 248,000.00 1.000 1,826 636 0.850 05/30/2018 48125TU86 10110 JP Morgan Chase 02/06/2015 500,000.00 500,894.00 500,000.00 1.000 1,461 888 1.856 02/06/2019 51210SITY6 10061 Lakeside Bank 05/17/2013 248,000.00 248,019.34 248,000.00 0.750 1,461 258 0.750 05/17/2017 538036CF9 10145 LIVE OAK BANKING COMPANY 02/11/2016 248,00000 254,554.89 248,000.00 1.500 1,460 1,257 1.468 02/10/2020 58733ACY3. 10160 Mercantil Commerce Bank 06/24/2016 248,000.00 249,569.34 248,000 00 1 650 1,826 1,757 1.651 06/24/2021 59013JJB6 10126 Merrick Bank 09/21/2015 248,000.00 257,231.06 248,000.00 1.850 1,827 1,481 1.850 09/21/2020 70153RHEI 10076 Parkway Bank & Trust 03/19/2014 248,000.00 251,684.29 248,000.00 1.650 1,826 929 1.651 03/19/2019 Run Date, 09/27/2016 -11,44 Portfolio POOL AP PM (PRF_PM2) 7.3.0 City of Diamond Bar Portfolio Management Portfolio Details - Investments August 31, 2016 Page 3 Municipal Bonds 189849KY7 13034PYH4 283309KN1 455749BQ3 672211BF5 913366HV5 10125 10164 10134 10150 10161 10170 Wells Fargo Sweep Account SWEEP 10036 Run Date: 09/27/2616 -11:44 Subtotal and Average 9,184,255.86 9,280,000.00 9,461,159.73 9,280,247.06 1,702 1,109 1.679 Coachella Valley School Dist 09/15/2015 880,000.00 Average Purchase 687,066.06 2.885 1,782 Stated 2.665 Days to YTM/C Maturity CUSIP Investment# Issuer Balance Date Par Value Market Value Book Value Rate Term Maturity 750,000.00 Date Negotiable CD 2.148 1,272 972 1.850 05/01/2019 INDIO CA WATER AUTHORITY 04/01/2016 980,000.00 1,014,74100 1,007,540.25 2.820 71270QLS3 10105 People's United Bank 01/28/2015 248,000.00 256,366.03 248000.00 1.750 1,826 1,244 1.751 01/28/2020 74267GVBO 10153 Privatebank & Trust Co - CD 05/06/2016 248,000.00 251,526.56 248,000.00 1.500 1,826 1,708 1,501 05/06/2021 795450SF3 10097 Sallie Mae Bank 08/06/2014 248,000.00 254,799.91 248,000.00 2,050 1,826 1,069 2.051 08/06/2019 89233P6S0 10159 Toyota MTR Credit Corp 05/27/2016 150,000.00 150,397.05 150,247.06 1.250 496 399 1.098 10/05/2017 94986TYTB. 10154 Wells Fargo 05/10/2016 248000.00 249,938.86 248,000.00 1300 1,626 1,712 1.301 05/10/2021 981571 BD3 10113 World's Foremost Bank 05/13/2015 200,000.00 205,110.40 200,000.00 2.000 1,827 1,350 2.002 05/13/2020 94768NJU9 10088 Webster Bank 07/02/2014 248,000.00 254,243.15 248,000.00 1.900 1,826 1,034 1.901 07/02/2019 Municipal Bonds 189849KY7 13034PYH4 283309KN1 455749BQ3 672211BF5 913366HV5 10125 10164 10134 10150 10161 10170 Wells Fargo Sweep Account SWEEP 10036 Run Date: 09/27/2616 -11:44 Subtotal and Average 9,184,255.86 9,280,000.00 9,461,159.73 9,280,247.06 1,702 1,109 1.679 Coachella Valley School Dist 09/15/2015 880,000.00 919,204.00 687,066.06 2.885 1,782 1,430 2.665 08/01/2020 California State HSG Fin AGY 07/01/2016 500,000.00 499,255.00 504,081.33 2.189 1,492 1,430 1.980 08/01/2020 EI Monte School District 11/06/2015 750,000.00 765,142.50 755,737.05 2.148 1,272 972 1.850 05/01/2019 INDIO CA WATER AUTHORITY 04/01/2016 980,000.00 1,014,74100 1,007,540.25 2.820 1,461 1,308 2.000 04/01/2020 Oakland Coliseum 06/17/2016 500,000.00 507,985.00 508,985.70 2.321 959 883 1.559 02/01/2019 UC RGTS MED CTR REV BONDS 08/17/2016 145,000 00 144,398.25 145,000.00 1 620 1,732- 1,717 1.614 05/15/2021 Subtotal and Average 3,734,210.97 3,755,000.00 3,850,725.75 3,808,410.39 1,446 1,245 2.049 Wells Fargo 07/01/2012 652,637.28 652,637.28 652,637.28 0.010 1 1 0.010 Subtotal and Average 805,744.13 652,637.28 652,637.28 652,637.28 1 1 0.010 Total and Average 32,368,865.80 32,122,334.75 32,404,464.91 32,176,284.51 1,305 619 1.357 Portfolio POOL AP PM (PRF 1`102) 7 3 0 CITY COUNCIL Agenda # 6.8 Meeting Date: October 4, 2016 AGENDA REPORT TO: Honorable Mayor and Membe of4theCity Council VIA: James DeStefano, City M r TITLE: APPROPRIATE TRAFFIC IMPA T MITIGATION FUNDS IN THE AMOUNT OF $20,000 TO THE FY16-17 CAPITAL IMPROVEMENT PROGRAM (CIP) BUDGET; ADOPT RESOLUTION 2016 -XX APPROVING PLANS AND SPECIFICATIONS AND ESTABLISHING A PROJECT PAYMENT ACCOUNT AND AWARD A CONTRACT FOR THE CONSTRUCTION OF THE GRAND AVENUE/ DIAMOND BAR BOULEVARD STREET CLOCK AND MEDIAN IMPROVEMENTS PROJECT TO CEM CONSTRUCTION CORP. IN THE AMOUNT OF $64,770.00, PLUS A CONTINGENCY AMOUNT OF $7,230.00 FOR A TOTAL AUTHORIZATION OF $72,000.00. RECOMMENDATION: Appropriate, adopt, approve, and award. FISCAL IMPACT: The Fiscal Year 16/17 CIP budget includes a balance of General Funds in the amount of $52,000.00 for the construction of the Grand Avenue/ Diamond Bar Boulevard Street Clock and Median Improvements Project. As shown in the table below, an appropriation of $20,000.00 of Traffic Impact Mitigation Fund will be required to fully fund the project. Street Clock and Median Improvements Project -Project# 26416 Budget Encumbrance Balance General Funds $60,000.00 $60,000.00 DVD (Project Design) $8,000.00 $52,000.00 CEM Construction (Construction) $64,770.00 ($12,770.00) CEM Construction Contingency $7,230.00 ($20,0000.00) Traffic Impact Mitigation Fund $20,000.00 $0.00 The contingency for CEM Construction in the total amount of $7,230 will only be used in the event of unforeseen circumstances that will warrant a contract change order. If the contingency is not used, the total amount of $7,230 in funds will be returned to the respective fund balance at the end of the FY16-17. BACKGROUND/ DISCUSSION: The primary purpose of this project is to compliment the streetscape enhancements at the intersection of Grand Avenue and Diamond Bar Boulevard. As shown in Exhibit "A", the Street Clock and Median Improvements Project will create a distinctive visual point of interest, further enhancing the intersection improvements that were completed last Fiscal Year. The project's aesthetic features will also serve as a catalyst to stimulate existing commercial centers. The location of the street clock and median improvements will be at the center median along Diamond Bar Boulevard south of Grand Avenue. See attached Vicinity Map. The Street Clock and Median Improvements Project will include the installation of decorative street clock with a street clock street base and weathering steel panels, flood -lighting, rock cobble and color concrete paving. The related improvements are to be completed within the existing median and will include modifications to the existing irrigation and landscape improvements. With the completion of the plans and specifications, the project was advertised for bids on August 22, 2016. On September 8, 2016, two (2) bids were received. CEM Construction Corp. submitted the lowest base bid in the amount of $64,770.00. The following is a summary of the bids received. No. Contractor Total Bid 1. CEM Construction Corp. $64,770.00 2. Aramexx Constructino $118,321.00 The engineer's estimate was $60,000.00. Staff has verified the contractor state license for CEM Construction Corp. and found it to be valid. References were also checked and excellent comments were given about the work completed. The project schedule is tentatively set as follows: Award of Contract October 4, 2016 Notice to Proceed/Begin Construction November 2016 Completion of Construction January 2017 2 PREPARED BY: John Beshay, Associate Engineer REVIEWED BY- 9� David G. Director of Public Works/ City Engineer Attachments: 1) Exhibit "A" 2) Vicinity Map 3) Resolution 2016 -XX 4) Contractor Agreement DATE PREPARED: September 22, 2016 Dianna Honeywell Finance Director 'recast Base: MY' x 30" I sGUE viEm; aa%r 6 BAC,'., Eu4 MEOW Iw becifications: Two Faced, 24 inch. Rear Illumination Face with "Spade" Hands. Photocell Ahuninum Post Weather Proof Black Finish Color with Gold Accent Paint Roman Dials Exhibit "A" Vicinity Map VD BAR BLVD. CITY OF DIAMOND BAR RESOLUTION NO. 2016 -XX A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR APPROVING THE DESIGN AND PLANS FOR THE CONSTRUCTION OF THE GRAND AVENUE/ DIAMOND BAR BOULEVARD STREET CLOCK AND MEDIAN IMPROVEMENTS 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 David Volz Design ("Consultant") as the engineer to design and prepare the plans for the Street Clock and Median Improvements 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 1 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 4Th day of October, 2016. Nancy A. Lyons, Mayor I, Tommye A. Cribbins, City Clerk of the City of Diamond Bar, California, do hereby certify that the foregoing Resolution No. 2016 -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 4th day of October, 2016, by the following vote, to wit: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: /_1:t;9�►��KK�1►[y1�Jil���il:l�:i.� ABSTAIN: COUNCILMEMBERS: Tommye A. Cribbins, City Clerk AGREEMENT The following agreement ("AGREEMENT") is made and entered into, in duplicate, as of the date executed by the Mayor and attested to by the City Clerk, by and between CEM Construction Corp. hereinafter referred to as the "CONTRACTOR" and the City of Diamond Bar, California, hereinafter referred to as "CITY.c. WHEREAS, pursuant to Notice Inviting Sealed Bids, bids were received, publicly opened, and declared on the date specified in the notice; and WHEREAS, CITY accepted the bid of CONTRACTOR CEM Construction Corp. and; WHEREAS, CITY has authorized the Mayor to execute a written contract with CONTRACTOR for furnishing labor, equipment and material for the Street Clock and Median Improvements project 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 Street Clock and Median Improvements project in the City of Diamond Bar. The work to be performed in accordance with the plans and specifications, dated August 2016 (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 September 8, 2016, together with this AGREEMENT, shall constitute the contract between the parties. This AGREEMENT is intended to require a complete and finished piece of work and anything necessary to complete the work properly and in accordance with the law and lawful governmental regulations shall be performed by the CONTRACTOR whether set out specifically in the contract or not. Should it be ascertained that any inconsistency exists between the aforesaid documents and this AGREEMENT, the provisions of this 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. 1 4. TERM OF CONTRACT: CONTRACTOR agrees to complete the work within Forty Five (45) working days from the date of the notice to proceed. CONTRACTOR agrees further to the assessment of liquidated damages in the amount of five hundred ($500) 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: 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: Workers' Compensation Insurance: Before beginning work, the CONTRACTOR shall furnish to the CITY a certificate of insurance as proof that he has taken out full workers' compensation insurance for all persons whom he may employ directly or through subcontractors in carrying out the work specified herein, in accordance with the laws of the State of California. Such insurance shall be maintained in full force and effect during the period covered by this contract. In accordance with the provisions of Section 3700 of the California Labor Code, every CONTRACTOR shall secure the payment of compensation to his employees. The CONTRACTOR, prior to commencing work, shall sign and file with the CITY a certification as follows: "I am aware of the provisions of Section 3700 of the Labor Code which requires every employer to be insured against liability for workers' compensation or to undertake self insurance in accordance with the provisions of that Code, and I will comply with such provisions before commencing the performance of work of this contract." For all operations of the CONTRACTOR or any sub -contractor in performing the work provided for herein, insurance with the following minimum limits and coverage: 1) General Liability - $2,000,000 per occurrence for bodily injury, personal injury and property damage. If Commercial General Liability insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this AGREEMENT or the general aggregate limit shall be twice the required occurrence limit. 2) Automobile - $1,000,000 per accident for bodily injury and property damage. 2 3) Employer's Liability - $1,000,000 per accident for bodily injury or disease. C. Each such policy of insurance provided for in paragraph b. shall: 1) Be issued by an insurance company approved in writing by CITY, which is authorized to do business in the State of California. 2) Name as additional insured the City of Diamond Bar, its officers, agents and employees, and any other parties specified in the bid documents to be so included; 3) Specify it acts as primary insurance and that no insurance held or owned by the designated additional insured shall be called upon to cover a loss under the policy; 4) Contain a clause substantially in the following words: "It is hereby understood and agreed that this policy may not be canceled nor the amount of the coverage thereof reduced until thirty (30) days after receipt by CITY of a written notice of such cancellation or reduction of coverage." 5) 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. e. The CONTRACTOR shall, prior to performing any work under this AGREEMENT, deliver to the City Manager or his designee the original policies of insurance required in paragraphs a. and b. hereof, or deliver to the City Manager or his designee a certificate of the insurance company, showing the issuance of such insurance, and the additional insured and other provisions required herein. 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 CONTRACTOR fail to pay the SIR or deductible requirements. The amount of the SIR or deductible shall be subject to the approval of the City Attorney and the Finance Director. CONTRACTOR understands and agrees that satisfaction of this requirement is an express condition precedent to the effectiveness of this AGREEMENT. Failure by CONTRACTOR as primary insured to pay its SIR or deductible constitutes a material breach of this AGREEMENT. Should CITY pay the SIR or deductible on CONTRACTOR's behalf upon the CONTRACTOR'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 CONTRACTOR for breach of this AGREEMENT in addition to any other damages incurred by CITY due to the breach. 6. PREVAILING WAGE: Notice is hereby given that in accordance with the provisions of California Labor Code, Division 2, Part 7, Chapter 1, Articles 1 and 2, the CONTRACTOR is required to pay not less than the general prevailing rate of per diem wages for work of a similar character in the locality in which the public works is performed, and not less than the general prevailing rate of per diem wages for holiday and overtime work. In that regard, the Director of the Department of Industrial Relations of the State of California is required to and has determined such general prevailing rates of per diem wages. Copies of such prevailing rates of per diem wages are on file in the Office of the City Clerk of the City of Diamond Bar, 21825 Copley Drive, Diamond Bar, California, and are available to any interested party on request. CITY also shall cause a copy of such determinations to be posted at the job site. 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. CONTRACTOR and any of its subcontractors must be registered with the Department of Industrial Relations pursuant to Labor Code section 1725.5, which precludes the award of a contract for a public work on any public works project awarded after April 1, 2015. This Agreement is subject to compliance monitoring and enforcement by the Department of Industrial Relations. 7. APPRENTICESHIP EMPLOYMENT: In accordance with the provisions of Section 1777.5 of the Labor Code, and in accordance with the regulations of the California Apprenticeship Council, properly indentured apprentices may be employed in the performance of the work. CONTRACTOR is required to make contribution to funds established for the administrative of apprenticeship programs if he employs registered apprentices or journeymen in any apprenticeship trade on such contracts and if other CONTRACTOR'S on the public works site are making such contributions. 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. 4 8. LEGAL HOURS OF WORK: Eight (8) hours of labor shall constitute a legal day's work for all workmen employed in the execution of this contract, and the CONTRACTOR and any sub -contractor under him shall comply with and be governed by the laws of the State of California having to do with working hours set forth in Division 2, Part 7, Chapter 1, Article 3 of the Labor Code of the State of California as amended. CONTRACTOR shall forfeit, as a penalty to City, twenty-five dollars ($25.00) for each laborer, workman or mechanic employed in the execution of the contract, by him or any sub- CONTRACTOR under him, upon any of the work hereinbefore mentioned, for each calendar day during which the laborer, workman or mechanic is required or permitted to labor more than eight (8) hours in violation of the Labor Code. 9. TRAVEL AND SUBSISTENCE PAY: CONTRACTOR agrees to pay travel and subsistence pay to each workman needed to execute the work required by this contract as such travel and subsistence payments are defined in the applicable collective bargaining agreements filed in accordance with Labor Code Section 1773.8. 10. CONTRACTOR'S LIABILITY: The CITY and its officers, agents and employees ("Indemnitees") shall not be answerable or accountable in any manner for any loss or damage that may happen to the work or any part thereof, or for any of the materials or other things used or employed in performing the work; or for injury or damage to any person or persons, either workers or employees of CONTRACTOR, of its 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 5 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. 6 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 and those reasonably necessary to effectuate the termination. CONTRACTOR shall not be entitled to any claim for lost profits. State of California "CONTRACTOR'S" License No. 951234 CONTRACTOR'S Business Phone: (562) 708-3586 CONTRACTOR'S emergency phone which can be reached at any time: 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. By: Title: Date: By: Title: Date: CITY OF DIAMOND BAR, CALIFORNIA By: NANCY A. LYONS, MAYOR ATTEST: By: TOMMYE CRIBBINS, CITY CLERK Date APPROVED AS TO FORM: DAVID A. DEBERRY, CITY ATTORNEY 7 Date *NOTE: If Contractor is a corporation, the City requires the following signature(s): -- The Chairman of the Board, the President or a Vice -President, AND (2) the Secretary, the Chief Financial Officer, the Treasurer, an Assistant Secretary or an Assistant Treasurer. If only one corporate officer exists or one corporate officer holds more than one corporate office, please so indicate. OR - The corporate officer named in a corporate resolution as authorized to enter into this Agreement. A copy of the corporate resolution, certified by the Secretary close in time to the execution of the Agreement, must be provided to the City. U Agenda # 6.9 Meeting Date: October 4, 2016 CITY COUNCIL \ t AGENDA REPORT TO: Honorable Mayor and Members of the City Council VIA: James DeStefano, City Man TITLE: JOINT RESOLUTION OF THE BARD OF SUPERVISORS OF THE COUNTY OF LOS ANGELES, THE CITY COUNCIL OF THE CITY OF POMONA AND THE CITY COUNCIL OF THE CITY OF DIAMOND BAR, APPROVING AND ACCEPTING THE NEGOTIATED EXCHANGE OF PROPERTY TAX REVENUE RESULTING FROM THE REORGANIZATION OF TERRITORY KNOWN AS CITY OF POMONA REORGANIZATION 2015-14, CONSISTING OF DETACHMENT OF TERRITORY FROM THE CITY OF DIAMOND BAR AND ANNEXATION TO THE CITY OF POMONA AND WITHDRAWL FROM THE COUNTY PUBLIC LIBRARY SYSTEM RECOMMENDATION: Approve. �6YH_\�ll91�_[9il Negligible. The currently undeveloped parcel generates a very nominal amount of property tax revenue to Diamond Bar. Upon transfer and development of the parcel as a single-family residence, the City of Pomona would receive approximately $2,500 annually. BACKGROUND: APN 8704-044-003 is an undeveloped parcel approximately 5.1 acres in size located on the City's eastern border with the City of Pomona. The hillside parcel is completely landlocked by the SR -60 Freeway, with no access from Diamond Bar streets making Diamond Bar development options unviable. The parcel is essentially an anomaly that resulted from the evolution and construction of the freeway. DISCUSSION: The property owner wishes to construct a single-family residence on the site and has requested that the parcel be reorganized so that it is detached from Diamond Bar and attached to the City of Pomona. The proposed single-family residence would be accessed from Franciscan Place in the Phillips Ranch neighborhood of Pomona. Reorganization of the parcel, including annexations, detachments, and other adjustments of City boundaries falls under the approval authority of the Local Agency Formation Commission for the County of Los Angeles (LAFCO). On October 19, 2015, the City of Pomona approved a General Plan Amendment, Specific Plan Amendment, and Pre -zoning Ordinance to allow the construction of the single-family residence on the site, add the parcel to its sphere of influence, and meet LAFCO reorganization requirements. The next step in the process is the adoption of the attached Joint Resolution of the Board of Supervisors, City of Pomona, and City of Diamond Bar approving exchange of property tax revenue resulting from the reorganization. If approved, the City of Diamond Bar would have no stake in the portion of property taxes assessed on the newly constructed single-family residence. Once developed, it is estimated that the parcel will generate approximately $11,000 in property taxes, $2,500 of which would be received by Pomona. Staff recommends the City Council adopt the Joint Resolution. Prepared by: Greg Gubman, Community Development Director Attachments: 1. Joint Resolution of the Board of Supervisors, the City of Pomona, and the City of Diamond Bar. 2. Aerial View of the Subject Property 3. Survey of Boundary Change Joint Resolution I Diamond Bar/Pomona/L.A. Co. I Pomona Reorganization 2015-14 Page 2 ATTACHMENT JOINT RESOLUTION OF THE BOARD OF SUPERVISORS OF THE COUNTY OF LOS ANGELES, THE CITY COUNCIL OF THE CITY OF POMONA AND THE CITY COUNCIL OF THE CITY OF DIAMOND BAR, APPROVING AND ACCEPTING THE NEGOTIATED EXCHANGE OF PROPERTY TAX REVENUE RESULTING FROM THE REORGANIZATION OF TERRITORY KNOWN AS CITY OF POMONA REORGANIZATION 2015-14, CONSISTING OF DETACHMENT OF TERRITORY FROM THE CITY OF DIAMOND BAR AND ANNEXATION TO THE CITY OF POMONA AND WITHDRAWL FROM THE COUNTY PUBLIC LIBRARY SYSTEM WHEREAS, pursuant to Section 99 of the Revenue and Taxation Code, for specified jurisdictional changes, the governing bodies of affected agencies shall negotiate and determine the amount of property tax revenue to be exchanged between the affected agencies; and WHEREAS, the City of Pomona desires to provide notice to the Local Agency Formation Commission for the County of Los Angeles that the City of Pomona supports the detachment of territory known as City of Pomona Reorganization 2015-14 from the City of Diamond Bar and annexation to the City of Pomona; and WHEREAS, the Board of Supervisors of the County of Los Angeles, as governing body of the County and the County Public Library System; and the City Councils of the Cities of Pomona and Diamond Bar; have determined the amount of property tax revenue to be exchanged between their respective agencies as a result of the City of Pomona Reorganization 2015-14 detachment of territory from Diamond Bar and annexation of said territory to the City of Pomona is as set forth below: NOW, THEREFORE, BE IT RESOLVED as follows: A. Detachment of Territory from the City of Diamond Bar: 1. The negotiated exchange of property tax revenues between the County of Los Angeles, the City of Diamond Bar, and the City of Pomona resulting from the reorganization proposal identified as City of Pomona Reorganization No. 2015-14, is approved and accepted for the detachment of territory from the City of Diamond Bar. 2. For the fiscal year commencing in the year after the filing of the statement of boundary change for City of Pomona No. 2015-14 with the Board of Equalization, pursuant to Government Code sections 54902 and 57204, a base of Ninety-one ($91) in property tax revenue attributable to Reorganization No. 2015-14, and .051968666 of the annual property tax increment attributable to Reorganization No. 2015-14 shall be transferred from the City of Diamond Bar to the County of Los Angeles, and the City of Diamond Bar's share in the area to be detached shall be reduced to zero. 3. For the fiscal year commencing in the year after the filing of the statement of boundary change for City of Pomona No. 2015-14 with the Board of Equalization, pursuant to Government Code sections 54902 and 57204, .030050425 of the annual property tax increment attributable to Reorganization No. 2015-14 shall be transferred Joint Resolution City of Pomona — Reorganization 2015-14 Page 2 of 4 from the County Public Library to the County of Los Angeles, and the Public Library's share in the detachment area shall be reduced to zero. B. Annexation of Territory to the City of Pomona: 1. The negotiated exchange of property tax revenues between the County of Los Angeles, the City of Diamond Bar, and the City of Pomona resulting from the reorganization proposal identified as City of Pomona Reorganization No. 2015-14, is approved and accepted for the annexation area to the City of Pomona. 2. For the fiscal year commencing in the year after the filing of the statement of boundary change for City of Pomona Reorganization No. 2015-14 with the Board of Equalization pursuant to Government Code sections 54902 and 57204, a base of Ninety- one Dollars ($91.00) in property tax revenue shall be transferred from the County of Los Angeles to the City of Pomona and 0.051968666 of the annual property tax growth for the area to be annexed to the City of Pomona shall be transferred from the County of Los Angeles to the City of Pomona, and the County's share in the annexation area shall be adjusted accordingly. PASSED, APPROVED AND ADOPTED this day of 12016 by the following vote: AYES: ra:�ya.rM NOES: ABSTAIN: ATTEST: City Clerk Mayor, City of Pomona (Signed in Counterpart) 0 \Resolutions 8 Ord-CC\Joinl Reso- Pomona Reorganization 2015-14 - DD City Council, Pomona City Council, Board of Supervisors docx Joint Resolution City of Pomona — Reorganization 2015-14 Page 3 of 4 PASSED, APPROVED AND ADOPTED this day of 12016 by the following vote: AYES: ABSENT: NOES: ABSTAIN: ATTEST: City Clerk Mayor, City of Diamond Bar (Signed in Counterpart) 0.\Resolutions & Ord-CCWoint Rasa - Pomona Reorganization 2015 -14 -Do City Council, Pomona City Council, Board of Supervisors docx Joint Resolution City of Pomona — Reorganization 2015-14 Page 4 of 4 The foregoing resolution was on the day of 2016, adopted by the Board of Supervisors of the County of Los Angeles and ex officio the governing body of all other special assessment and taxing districts, agencies and authorities for which said Board so acts. APPROVED AS TO FORM: MARY C. WICKHAM County Counsel m Deputy LORI GLASGOW, Executive Officer Clerk of the Board of Supervisors of the County of Los Angeles 0Z (Signed in Counterpart) Deputy 0'.\Resolutions & Ord-CC\Joint Reso- Pomona Reorganization 2015 -14 -DB City Council, Pomona City Council, Board of Supervisors.docx D D n 2 m z N 31 E. z 2 12 EXHIBIT "B" REORGANIZATION NO. 2015-14 LINE AS SHOWN ON PARCEL CITY OF POMONA MAP 12818, REC. IN PMB 127, PGS. 11-15, RECORDS OF SAID MAP COUNTY - - EXISTING CITY OF POMONA CITY BOUNDARY. EXISTING CITY BOUNDARY POINT OF BEGINNING N 89'25'22" W 52.14' 63. 0 7s• � poMC�q I',/ / / / I/ PROPOSED CITY OF POMONA CITY BOUNDARY. EXISTING CITY BOUNDARY .S s op p ?a �J clTr o ' 044 of oigMQ�o - QqR AREA: 5.17 ACRES SW'LY LINE OF PARCEL 5 OF PARCEL MAP 12818 REC. IN PMB 127/11-15 PROPOSED CITY OF POMONA BOUNDARY 2>>661 \ S 89. W /98.01 NORTHERLY LINE OF PARCEL 1A (AMENDED) OF THE FINAL ORDER OF CONDEMNATION FILED IN SUPERIOR COURT CASE NO. 945457, IN AND FOR SAID COUNTY (STATE PARCEL B7407). A CERTIFIED COPY OF SAID FINAL ORDER BEING RECORDED MAY 28, 1971 IN BOOK D5073 PAGE 471 OF OFFICIAL RECORDS CI7Y OF POMONA PRO1ECTr CITY OF DIAMOND BAR VICINITY MAP NO SCALE COURSE TABLE Q7 S 61-56'11" E 939.65' O2 S 643927" W 29.78' U3 S 77'4444" W 416.06' ® S 89'02'52" W 98.01' O N 63'29'16" W 271.68' © N 89'25'22" W 52.14' O N 019'02' W 223.12' c ® N 0'20'39" W 199.83' I 93965 (DS 64'3921" W 29.78' 0 416.06, F� PY REORGANIZATION NO, 2013.07 CITY OF POMONA BEING A PORTION OF SECTION 1, T2S, R9W, SB8M 0 60 120 180 SCALE: 1' = 120' 1' = 120'1 CIVIL ENGINEERING & PLANNING 1450 N. TUSTIN AVENUE, SUITE 200 SANTA ANA, CA 92705 PH (714) 354 - 5049 D n M 9 m z --I W CITY COUNCIL Agenda 4 6 . 10 Meeting Date : October 4 2016 AGENDA REPORT TO: Honorable Mayor and Mem be the City Council VIA: James DeStefano, City Ma a TITLE: APPROVAL OF PROFESSIONAL ENGINEERING SERVICES CONTRACT FOR ON-CALL SOILS AND GEOTECHNICAL ENGINEERING SERVICES WITH (1.) LEIGHTON AND ASSOCIATES, INC. (2.) NINYO AND MOORE, AND (3.) WILLDAN GEOTECHNICAL FOR A PERIOD OF THREE (3) YEARS RECOMMENDATION: Approve. FINANCIAL IMPACT: For development related projects, funding will be provided through developer fees and deposits paid by the applicant prior to the plan/report review stage. For soils and geotechnical engineering services, the Fiscal Year 2016-2017 budget includes $180,000 for these services. BACKGROUND/DISCUSSION: To augment the City's professional capabilities, soils and geotechnical engineering services have been utilized by the City on an as -needed basis. The current consultant service agreements are set to expire on October 18, 2016. A Request for Proposals (RFP) was issued in August 2016 and a total of Four (4) proposals were received from GeoAdvantec, Inc., Leighton & Associates, Ninyo & Moore, and Willdan Geotechnical. City staff independently reviewed each proposal and then collaborated to determine the most qualified consultants using the following evaluation criteria: • Staff Qualifications • Firms Qualifications • Approach/Methodology • Level of Effort (Staffing commitment and time allocation) • Ability to meet City's schedule and expectations • Relevant References (Record of performance) As a result, Leighton & Associates, Inc., Ninyo and Moore, and Willdan Geotechnical were recommended for three (3) year contracts to provide on-call soils and geotechnical engineering services with the option to extend by two (2) additional years upon mutual consent. In order to provide timely and responsive review of development projects, it is beneficial to retain multiple firms to provide the desired services. Historically, the City has retained three (3) geotechnical engineering firms on an on-call contractual basis to work on land development projects, landslide mitigation and Capital Improvement Program projects. Each of the consultants recommended has previously worked for Diamond Bar to successfully deliver projects on time. Staff has been pleased with the level of experience and professionalism as well as the historical geologic information specific to Diamond Bar that each consultant provides. The scope of services to be provided include: review and recommendation of various soils investigations, geotechnical, engineering geology, and environmental remediation reports which pertain to development and capital projects, pavement testing and analysis, soils investigation and compaction testing, and other related services as requested by the City which pertain to development and capital projects. Compensation will be in accordance with the current hourly rates for each consultant which range from $95-$200/hour depending on the personnel assigned to the task. Additional rates were provided by each consultant for lab testing services as well which will vary depending on the type of tests performed for each specific project assigned. For Land Development related projects, deposits are received at the time of project submittal and consultant fees are drawn from the deposit account on an actual cost basis. PREPARED BY: DATE PREPARED: Kimberly M. Young, Senior Civil Engineer September 27, 2016 REVIEWED BY: David G. Li ire or of Public Works/City Engineer Attachments: Consultant Services Agreement — Leighton & Associates Consultant Services Agreement — Ninyo & Moore Consultant Services Agreement— Willdan Geotechincal CONSULTING SERVICES AGREEMENT Design THIS AGREEMENT (the "Agreement") is made as of October 4, 2016 by and between the City of Diamond Bar, a municipal corporation ("City") and Leighton & Associates, Inc., a California corporation ("Consultant") 1. Consultant's Services. Subject to the terms and conditions set forth in this Agreement Consultant shall provide to the reasonable satisfaction of the City the services set forth in the attached Exhibit "A", which is incorporated herein by this reference. As a material inducement to the City to enter into this Agreement, Consultant represents and warrants that it has thoroughly investigated the work and fully understands the difficulties and restrictions in performing the work. Consultant represents that it is fully qualified to perform such consulting services by virtue of its experience and the training, education and expertise of its principals and employees. Kimberly Young, (herein referred to as the "City's Project Manager"), shall be the person to whom the Consultant will report for the performance of services hereunder. It is understood that Consultant shall coordinate its services hereunder with the City's Project Manager to the extent required by the City's Project Manager, and that all performances required hereunder by Consultant shall be performed to the satisfaction of the City's Project Manager and the City Manager 2. Term of Agreement. This Agreement shall take effect October 18, 2016, and shall continue until October 18 2019 unless earlier terminated pursuant to the provisions herein. 3. Compensation. City agrees to compensate Consultant for each service which Consultant performs to the satisfaction of City in compliance with the scope of services set forth in Exhibit "A". Payment will be made only after submission of proper invoices in the form specified by City. 4. Payment. A. As scheduled services are completed, Consultant shall submit to City an invoice for the services completed, authorized expenses and authorized extra work actually performed or incurred. B. All such invoices shall state the basis for the amount invoiced, including services completed, the number of hours spent and any extra work performed. C. City will pay Consultant the amount properly invoiced within 35 days of receipt, but may withhold 5% of any invoice until all work is completed, which sum shall be paid within 35 days of completion of the work and receipt of all deliverables. D. Payment shall constitute payment in full for all services, authorized costs and authorized extra work covered by that invoice. 5. Change Orders. No payment for extra services caused by a change in the scope or complexity of work, or for any other reason, shall be made unless and until such extra services and a price therefore have been previously authorized in writing and approved by the City Manager or his designee as an amendment to this Agreement. The amendment shall set forth the changes of work, extension of time, if any, and adjustment of the fee to be paid by City to Consultant. 6. Priority of Documents. In the event of any inconsistency between the provisions of this Agreement and any attached exhibits, the provisions of this Agreement shall control. 7. Status as Independent Contractor. A. Consultant is, and shall at all times remain as to City, a wholly independent contractor. Consultant shall have no power to incur any debt, obligation, or liability on behalf of City or otherwise act on behalf of City as an agent. Neither City nor any of its agents shall have control over the conduct of Consultant or any of Consultant's employees, except as set forth in this Agreement. Consultant shall not, at any time, or in any manner, represent that it or any of its agents or employees are in any manner agents or employees of City. B. Consultant agrees to pay all required taxes on amounts paid to Consultant under this Agreement, and to indemnify and hold City harmless from any and all taxes, assessments, penalties, and interest asserted against City by reason of the independent contractor relationship created by this Agreement. In the event that City is audited by any Federal or State agency regarding the independent contractor status of Consultant and the audit in any way fails to sustain the validity of a wholly independent contractor relationship between City and Consultant, then Consultant agrees to reimburse City for all costs, including accounting and attorney's fees, arising out of such audit and any appeals relating thereto. C. Consultant shall fully comply with Workers' Compensation laws regarding Consultant and Consultant's employees. Consultant further agrees to indemnify and hold City harmless from any failure of Consultant to comply with applicable Worker's Compensation laws. D. Consultant shall, at Consultant's sole cost and expense fully secure and comply with all federal, state and local governmental permit or licensing requirements, including but not limited to the City of Diamond Bar, South Coast Air Quality Management District, and California Air Resources Board. E. In addition to any other remedies it may have, City shall have the right to offset against the amount of any fees due to Consultant under this Agreement any amount due to City from Consultant as a result of Consultant's failure to promptly pay to City any reimbursement or indemnification required by this Agreement or for any amount or penalty levied against the City for Consultant's failure to comply with this Section. 8. Standard of Performance. Consultant shall perform all work at the standard of care and skill ordinarily exercised by members of the profession under similar conditions and represents that it and any subcontractors it may engage, possess any and all licenses which are required to perform the work contemplated by this Agreement and shall maintain all appropriate licenses during the performance of the work. 9. Indemnification. Consultant shall indemnify, defend with counsel approved by City, and hold harmless City, its officers, officials, employees and volunteers ("Indemnitees") from and against all liability, loss, damage, expense, cost (including without limitation reasonable attorneys' fees, expert fees and all other costs and fees of litigation) of every nature arising out of or in connection with: (1) Any and all claims under Worker's Compensation acts and other employee benefit acts with respect to Consultant's employees or Consultant's contractor's employees arising out of Consultant's work under this Agreement; and (2) Any and all claims arising out of Consultant's performance of work hereunder or its failure to comply with any of its obligations contained in this Agreement, regardless of City's passive negligence, but excepting such loss or damage which is caused by the sole active negligence or willful misconduct of the City. Should City in its sole discretion find Consultant's legal counsel unacceptable, then Consultant shall reimburse the City its costs of defense, including without limitation reasonable attorneys' fees, expert fees and all other costs and fees of litigation. The Consultant shall promptly pay any final judgment rendered against the Indemnitees. It is expressly understood and agreed that the foregoing provisions are intended to be as broad and inclusive as is permitted by the law of the State of California and will survive termination of this Agreement. Except for the Indemnitees, this Agreement shall not be construed to extend to any third party indemnification rights of any kind. (3) To the fullest extent permitted by law, Consultant agrees to indemnify and hold Indemnitees entirely harmless from all liability arising out of any claim, loss, injury to or death of persons or damage to property caused by the negligent professional act or omission in the performance of professional services pursuant to this Agreement. 10. Insurance. A. Consultant shall at all times during the term of this Agreement carry, maintain, and keep in full force and effect, with an insurance company authorized to do business in the State of California and approved by the City the following insurance: (1) a policy or policies of broad -form comprehensive general liability insurance written on an occurrence basis with minimum limits of $1,000,000.00 combined single limit coverage against any injury, death, loss or damage as a result of wrongful or negligent acts by Consultant, its officers, employees, agents, and independent contractors in performance of services under this Agreement; (2) property damage insurance with a minimum limit of $500,000.00 per occurrence; (3) automotive liability insurance written on an occurrence basis covering all owned, non -owned and hired automobiles, with minimum combined single limits coverage of $1,000,000.00; (4) Worker's Compensation insurance when required by law, with a minimum limit of $500,000.00 or the amount required by law, whichever is greater; and (5) Professional liability insurance covering errors and omissions arising out of the performance of this Agreement with a combined single limit of $1,000,000. If such insurance is on a claims made basis, Consultant agrees to keep such insurance in full force and effect for at least five years after termination or date of completion of this Agreement. B. The City, its officers, employees, agents, and volunteers shall be named as additional insureds on the policies as to comprehensive general liability, property damage, and automotive liability. The policies as to comprehensive general liability, property damage, and automobile liability shall provide that they are primary, and that any insurance maintained by the City shall be excess insurance only. C. All insurance policies shall provide that the insurance coverage shall not be non -renewed, canceled, reduced, or otherwise modified (except through the addition of additional insureds to the policy) by the insurance carrier without the insurance carrier giving City ten (10) day's prior written notice thereof. Consultant agrees that it will not cancel, reduce or otherwise modify the insurance coverage and in the event of any of the same by the insurer to immediately notify the City. D. All policies of insurance shall cover the obligations of Consultant pursuant to the terms of this Agreement and except for professional liability insurance, shall be issued by an insurance company which is authorized to do business in the State of California or which is approved in writing by the City; and shall be placed have a current A.M. Best's rating of no less than A-, VII. In the case of professional liability insurance, such coverage shall be issued by companies either licensed or admitted to conduct business in the State of California so long as such insurers possesses the aforementioned Best's rating. E. Consultant shall submit to City (1) insurance certificates indicating compliance with the minimum insurance requirements above, and (2) insurance policy endorsements or a copy of the insurance policy evidencing the additional insured requirements in this Agreement, in a form acceptable to the City. F. Self -Insured Retention/Deductibles. All policies required by this Agreement shall allow City, as additional insured, to satisfy the self-insured retention ("SIR") and/or deductible of the policy in lieu of the Consultant (as the named insured) should Consultant fail to pay the SIR or deductible requirements. The amount of the SIR or deductible shall be subject to the approval of the City. Consultant understands and agrees that satisfaction of this requirement is an express condition precedent to the effectiveness of this Agreement. Failure by Consultant as primary insured to pay its SIR or deductible constitutes a material breach of this Agreement. Should City pay the SIR or deductible on Consultant's due to such failure in order to secure defense and indemnification as an additional insured under the policy, City may include such amounts as damages in any action against Consultant for breach of this Agreement in addition to any other damages incurred by City due to the breach. G. Subrogation. With respect to any Workers' Compensation Insurance or Employer's Liability Insurance, the insurer shall waive all rights of subrogation and contribution it may have against the Indemnitees. H. Failure to Maintain Insurance. If Contractor fails to keep the insurance required under this Agreement in full force and effect, City may take out the necessary insurance and any premiums paid, plus 10% administrative overhead, shall be paid by Consultant, which amounts may be deducted from any payments due Consultant. I. Consultant shall include all subcontractors, if any, as insureds under its policies or shall furnish separate certificates and endorsements for each subcontractor to the City for review and approval. All insurance for subcontractors shall be subject to all of the requirements stated herein. 11. Confidentiality. Consultant in the course of its duties may have access to confidential data of City, private individuals, or employees of the City. Consultant covenants that all data, documents, discussion, or other information developed or received by Consultant or provided for performance of this Agreement are deemed confidential and shall not be disclosed by Consultant without written authorization by City. City shall grant such authorization if disclosure is required by law. All City data shall be returned to City upon the termination of this Agreement. Consultant's covenant under this section shall survive the termination of this Agreement. Notwithstanding the foregoing, to the extent Consultant prepares reports of a proprietary nature specifically for and in connection with certain projects, the City shall not, except with Consultant's prior written consent, use the same for other unrelated projects. 12. Ownership of Materials. Except as specifically provided in this Agreement, all materials provided by Consultant in the performance of this Agreement shall be and remain the property of City without restriction or limitation upon its use or dissemination by City. Consultant may, however, make and retain such copies of said documents and materials as Consultant may desire. 13. Maintenance and Inspection of Records. In accordance with generally accepted accounting principles, Consultant and its subcontractors shall maintain reasonably full and complete books, documents, papers, accounting records, and other information (collectively, the "records") pertaining to the costs of and completion of services performed under this Agreement. The City and any of their authorized representatives shall have access to and the right to audit and reproduce any of Consultant's records regarding the services provided under this Agreement. Consultant shall maintain all such records for a period of at least three (3) years after termination or completion of this Agreement. Consultant agrees to make available all such records for inspection or audit at its offices during normal business hours and upon three (3) days' notice from the City, and copies thereof shall be furnished if requested. 14. Conflict of Interest. A. Consultant covenants that it presently has no interest and shall not acquire any interest, direct or indirect, which may be affected by the services to be performed by Consultant under this Agreement, or which would conflict in any manner with the performance of its services hereunder. Consultant further covenants that, in performance of this Agreement, no person having any such interest shall be employed by it. Furthermore, Consultant shall avoid the appearance of having any interest which would conflict in any manner with the performance of its services pursuant to this Agreement. B. Consultant covenants not to give or receive any compensation, monetary or otherwise, to or from the ultimate vendor(s) of hardware or software to City as a result of the performance of this Agreement. Consultant's covenant under this section shall survive the termination of this Agreement. 15. Termination. The City may terminate this Agreement with or without cause upon fifteen (15) days' written notice to Consultant. The effective date of termination shall be upon the date specified in the notice of termination, or, in the event no date is specified, upon the fifteenth (15th) day following delivery of the notice. In the event of such termination, City agrees to pay Consultant for services satisfactorily rendered prior to the effective date of termination. Immediately upon receiving written notice of termination, Consultant shall discontinue performing services, unless the notice provides otherwise, except those services reasonably necessary to effectuate the termination. The City shall be not liable for any claim of lost profits. 16. Personnel/Designated Person. Consultant represents that it has, or will secure at its own expense, all personnel required to perform the services under this Agreement. All of the services required under this Agreement will be performed by Consultant or under it supervision, and all personnel engaged in the work shall be qualified to perform such services. 17. Non -Discrimination and Equal Employment Opportunity. A. Consultant shall not discriminate as to race, color, creed, religion, sex, marital status, national origin, ancestry, age, physical or mental handicap, medical condition, or sexual orientation, in the performance of its services and duties pursuant to this Agreement, and will comply with all rules and regulations of City relating thereto. Such nondiscrimination shall include but not be limited to the following: employment, upgrading, demotion, transfers, recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. B. Consultant will, in all solicitations or advertisements for employees placed by or on behalf of Consultant state either that it is an equal opportunity employer or that all qualified applicants will receive consideration for employment without regard to race, color, creed, religion, sex, marital status, national origin, ancestry, age, physical or mental handicap, medical condition, or sexual orientation. C. Consultant will cause the foregoing provisions to be inserted in all subcontracts for any work covered by this Agreement except contracts or subcontracts for standard commercial supplies or raw materials. 18. Reserved. 19. Time of Completion. Consultant agrees to commence the work provided for in this Agreement within (5) days of being notified by the City to proceed and to diligently prosecute completion of the work within the timeframe designated per task or as may otherwise be agreed to by and between the Project Manager and the Consultant. 20. Time Is of the Essence. Time is of the essence in this Agreement. Consultant shall do all things necessary and incidental to the prosecution of Consultant's work. 21. Delays and Extensions of Time. Consultant's sole remedy for delays outside its control shall be an extension of time. No matter what the cause of the delay, Consultant must document any delay and request an extension of time in writing at the time of the delay to the satisfaction of City. Any extensions granted shall be limited to the length of the delay outside Consultant's control. If Consultant believes that delays caused by the City will cause it to incur additional costs, it must specify, in writing, why the delay has caused additional costs to be incurred and the exact amount of such cost within 10 days of the time the delay occurs. No additional costs can be paid that exceed the not to exceed amount absent a written amendment to this Agreement. In no event shall the Consultant be entitled to any claim for lost profits due to any delay, whether caused by the City or due to some other cause. 22. Assignment. Consultant shall not assign or transfer any interest in this Agreement nor the performance of any of Consultant's obligations hereunder, without the prior written consent of City, and any attempt by Consultant to so assign this Agreement or any rights, duties, or obligations arising hereunder shall be void and of no effect. 23. Compliance with Laws. Consultant shall comply with all applicable laws, ordinances, codes and regulations of the federal, state, and local governments. 24. Non -Waiver of Terms, Rights and Remedies. Waiver by either party of any one or more of the conditions of performance under this Agreement shall not be a waiver of any other condition of performance under this Agreement. In no event shall the making by City of any payment to Consultant constitute or be construed as a waiver by City of any breach of covenant, or any default which may then exist on the part of Consultant, and the making of any such payment by City shall in no way impair or prejudice any right or remedy available to City with regard to such breach or default. 25. Attorney's Fees. In the event that either party to this Agreement shall commence any legal or equitable action or proceeding to enforce or interpret the provisions of this Agreement, the prevailing party in such action or proceeding shall be entitled to recover its costs of suit, including reasonable attorney's fees and costs, including costs of expert witnesses and consultants. 26. Mediation. Any dispute or controversy arising under this Agreement, or in connection with any of the terms and conditions hereof, which cannot be resolved by the parties, may be referred by the parties hereto for mediation. A third party, neutral mediation service shall be selected, as agreed upon by the parties and the costs and expenses thereof shall be borne equally by the parties hereto. The parties agree to utilize their good faith efforts to resolve any such dispute or controversy so submitted to mediation. It is specifically understood and agreed by the parties hereto that mutual good faith efforts to resolve the same any dispute or controversy as provided herein, shall be a condition precedent to the institution of any action or proceeding, whether at law or in equity with respect to any such dispute or controversy. 27. Notices. Any notices, bills, invoices, or reports required by this Agreement shall be deemed received on (a) the day of delivery if delivered by hand during regular business hours or by facsimile before or during regular business hours; or (b) on the third business day following deposit in the United States mail, postage prepaid, to the addresses heretofore set forth in the Agreement, or to such other addresses as the parties may, from time to time, designate in writing pursuant to the provisions of this section. "CONSULTANT" Leighton & Associates Inc. 10532 Acacia Street, Suite B6 Rancho Cucamonga, CA 91730 Attn.: Phil Buchiarelli Phone: 909-527-8778 Direct E -Mail: pbuchiearelli@leightongroup.com "CITY" City of Diamond Bar 21810 Copley Drive Diamond Bar, CA 91765-4178 Attn.: David G. Liu, P.E. Phone: 909-839-7040 E-mail: dliu@diamondbarca.gov 29. Governing Law. This Agreement shall be interpreted, construed and enforced in accordance with the laws of the State of California. 30. 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. 31. Entire Agreement. This Agreement, and any other documents incorporated herein by reference, represent the entire and integrated agreement between Consultant and City. This Agreement supersedes all prior oral or written negotiations, representations or agreements. This Agreement may not be amended, nor any provision or breach hereof waived, except in a writing signed by the parties which expressly refers to this Agreement. Amendments on behalf of the City will only be valid if signed by a person duly authorized to do so under the City's Purchasing Ordinance. IN WITNESS of this Agreement, the parties have executed this Agreement as of the date first written above. "Consultant" LEIGHTON & ASSOCIATES, INC. By: Printed Name: Title: By: Printed Name: Title: Approved as to form: M David A. DeBerry, City Attorney "City" CITY OF DIAMOND BAR 0 Nancy A. Lyons, Mayor ATTEST: Tommye A. Cribbins, City Clerk 'NOTE: ff Consultant is a corporation, the City requires the following signature(s): (1) the Chairman of the Board, the President or a Vice -President, AND (2) the Secretary, the Chief Financial Officer, the Treasurer, an Assistant Secretary or an Assistant Treasurer. If only one corporate officer exists or one corporate officer holds more than one corporate office, please so indicate. OR The corporate officer named in a corporate resolution as authorized to enter into this Agreement. A copy of the corporate resolution, certified by the Secretary close in time to the execution of the Agreement, must be provided to the City. On -Coll Services for the City of Diamond Bor Soils and Geotechnical Engineering Services September 7, 2016 Leighton City nP Diarrand Sar I Professional Soils and Geotechnical Engineering Services FIRM BACKGROUND Leighton and Associates, Inc. (Leighton) is a Southern California corporation with 55 years of continued service to public agencies. We operate from strategically located offices, with management autonomy to provide services as needed, but with the strength of our larger corporate resources. Since 1991, Leighton has served as the geotechnical consultant for the City of Diamond Bar, where we provided review for over 270 projects in the City ranging from slope repairs to large tract residential development. Recent projects include testing for R -value during Grand Avenue improvements, geotechnical observation and testing during construction of the Pantera Dog Park improvements and during construction of the Sycamore Canyon Park Phase 4 Trail improvements. � 't ntr Year Established: 1961 Years with City of Diamond Bar 25 Services Geotechnical, Soils Testing, Environmental Assessment Project Manager Philip Buchiarelli, PG, CEG Director of Geology (909)527-8778 pbuchiarelli@leightongroup.com Local Office 10532 Acacia Street, Suite B-6 Rancho Cucamonga, CA 91730 (909)484-2205 (909)484-2170 Additional Office Locations Irvine (HQ), Los Angeles, Temecula, Palm Desert, San Diego, Santa Clarita, Ventura Leightons qualifications to provide soils and geotechnical engineering and environmental services to the City include: ■ 25 years of experience reviewing development projects within the city ■ Knowledge of agency requirements ■ Local and regional investigation experience ■ A legacy of effective award-winning engineering solutions for technically challenging sites ■ Widespread knowledge of geological and geotechnical site conditions in the City ■ Extensive data base of local historical aerial photographs, published reports, and maps ■ Creating successful projects through a partnering approach ■ Observation and testing of millions of cubic yards of grading and earth work every year ■ The most extensive geotechnical laboratory services in California with two locations to serve your needs. ■ Vast experience on public works projects We have provided geotechnical and environmental assessment services for streets, flood control channels, interstates and interchanges, bridges, housing, parks, and schools in the region since the 1960's. We have a comprehensive understanding of public works projects and the importance of each project to the stakeholders, your agency, and yourtaxpayers. We have provided consulting services to all of the counties and most of the cities in southern California and we currently have contracts with the City of Corona, City of Industry, City of Pomona, the City of Glendora, City of Rancho Cucamonga, the County of Los Angeles, the County of San Bernardino, and the County of Orange. i , o Cisj m' Diamond Bar I Professianal Soils and Geotechnicurl Enpineerinq Services Leighton's full range of geotechnical engineering and environmental and geologic services will be available to the City, such as seismic hazard studies, geotechnical design -level studies, construction testing, and laboratory testing, to name a few. Other valuable services will include the preparation of maps, various exhibits, and laboratory reports. Not only do we have the staff, laboratory, and expertise to get your job done, we also have a library of data from geotechnical investigations performed in the City of Diamond Bar and the surrounding area. This data is invaluable to our engineers and geologists to reduce uncertainties and support the planning of cost-effective exploration programs. We have nine offices throughout southern California, and employ nearly 175 professionals and support staff. With our technical expertise distributed throughout the company, each office can provide a full range of soils testing, geotechnical engineering, and environmental services, for a broad range of site conditions. We are confident of meeting and exceeding your requirements and we are ready to provide accurate and innovative geotechnical engineering and environmental services. Using real-time accounting, our Project Managers can have a snapshot of costs at any time. Project Managers will work closely with the City to manage costs and keep your personnel informed about our progress and the remaining budget for a given project. We will not exceed an agreed-upon budget without prior approval from appropriate City personnel. From our experience on hundreds of projects, we have the capability to closely estimate the staff commitment needed to work with the City of Diamond Bar to provide the services identified in your RFP LABORATORY FACILITIES Leighton's engineering services are supported by one of the southland's largest laboratories. We hold certifications from the City of Los Angeles, Caltrans, AASHTO, DSA, U.S. Army Corps of Engineers, City of San Diego, NICET, and the U.S. Department of Agriculture. We provide both standard ASTM and Caltrans testing and can respond with additional testing methods modified to meet specific field and/or contract conditions. Our geotechnical soils laboratory offers a wide variety of routine tests as well as highly sophisticated test programs in support of research and development. The tests we offer run the gamut from simple methods (pH and sieve analyses) to complex tests such as triaxial and torsional shear strength. We adhere to a strict yearly calibration and maintenance program. All of our lab equipment is calibrated, the majority by a third party, to ensure proper operation and production of high quality results. Documented calibrations are performed on a yearly basis and are available for review. City of :Diamond Bar I Professional Soils and Geerechnicol Engineering Services CONSULTANT TEAM & RESUMES If Leighton is selected to continue providing geotechnical services to the City of Diamond Bar, we propose to utilize the same core project team members who have been serving the City over the past 25 years. The primary reviewers will continue to be Phil Buchiarelli, Principal Geologist, and Jason Hertzberg, Principal Engineer. Tom Benson, Principal -in -Charge, will assist as needed. Richard Orr will manage environmental site assessments (Phase 1 ESA) and site characterizations as needed. George Ruiz, Field Operations Manager, will manage construction -related projects and field staff. Additional staff may be utilized depending on the specific project and level of effort required. PHILLIP BUCHIARELLI, PG, CEG PROJECT MANAGER Education On -Call Geotechnical Services, Diamond Bar, CA. Project Engineering Geologist providing geotechnical services for the ■ B.S., Geology, University of City of Diamond Bar since 1992. In addition to providing third California at Los Angeles party review of geotechnical reports for the City of Diamond Professional Registrations Bar. Mr. Buchiarelli has also providing geotechnical services ■ California Certified Engineering during design and construction of the city's community center Geologist -1715 in Summitridge Park and during construction of various park, ■ California Professional Geologist trail and street improvements. —5502 ® CFR 1910.120 OSHA 40 -Hour Diamond Bar Boulevard and Sunset Crossing Rehabilitation, Training Diamond Bar, CA. Project Principal for geotechnical and ■ Captain, U.S. Navy Reserve materials testing for the City during construction. Services Experience Highlights included review of asphalt and concrete mix designs, ■ Director of Geology for Leighton observation and testing subgrade soils, aggregate base and ■ Managed Leighton's services for Hot Mix Asphalt (HMA); and sampling and testing of Portland the City for xx years cement concrete (PCC) for curb and gutter, sidewalk and ■ 30 years of experience in all ramps, etc. Testing of slurry seal and batch plant inspection of stages of commercial, industrial, HMA was also provided. and residential developments ■ Provides solutions for complex Phase 1 and Phase 2 Grand Avenue Street Rehabilitation, geotechnical issues including Diamond Bar, CA. Project Principal for geotechnical and slope stability, settlement, materials testing. Services included review of asphalt and subdrainage design, foundation concrete mix designs, observation and testing subgrade soils, design, and retaining wall aggregate base and Hot Mix Asphalt (HMA); and sampling and recommendations testing of Portland cement concrete (PCC) for curb and gutter, Years Exp I With Firm: 30 1 30 sidewalk and ramps, etc. Testing of slurry seal and batch plant inspection of HMA was also provided. Sleepy Hollow Community Center, Chino Hills, CA. Project Geologist for geotechnical services during design and construction of the new community center in the Sleepy Hollow area of Chino Hills. Significant geotechnical issues included development in an environmentally sensitive site with existing older development and potentially unstable City ,op Dia', non Ear I Professionol soils and Geotechnical Engineering Services natural slopes Near surface water removal and debris protection for the new construction were significant issues addressed during construction. City of Corona Department of Water and Power, Two-story Office Buildings, Corporation Yard, Corona, CA. Project Geologist for geotechnical investigation, geotechnical observation and testing, and special inspection and material testing as part of the on-call contract with the City. Industry Business Center East and West, City of Industry, CA. Project Principal for geotechnical services during design and construction of the Industry Business Center East and West project. The project includes approximately 600 acres of moderate to steep hillside terrain in the eastern Puente Hills adjacent to Diamond Bar. The site is underlain by Puente Formation bedrock as well as surficial deposits including compressible alluvium, colluvium and landslide debris. Significant geotechnical issues include stabilization of numerous planned cut and fill over cut slopes in excess of 150 feet in height as well as stabilization of several large landslides. The project also includes dewatering of shallow groundwater, removal of compressible soil, installation of an extensive subterranean water removal system, placement of deep fills, settlement monitoring and design recommendations for construction. Numerous large building are planned that span from areas of deep cut to deep fill creating a potential for significant differential settlement. Partial relocation of an old landfill on the property is also required. Geotechnical observation and testing for the first 3 phases of construction included detailed geologic mapping of cuts slopes and removal excavations, observation of subdrain installation and observation and testing during fill placement and compaction. Final constructions phases are planned for 2016 and 2017 Diamond Ranch High School, Diamond Bar, CA. Project Geologist for the geotechnical investigation and design. The 80 -acre site sits on a steep hillside that presented severe geologic constraints to development including existing ancient landslides, soft compressible soils, dense unrippable bedrock and numerous groundwater seeps. The design included several planned cut slopes over 100 feet in height and numerous tall walls (on the order of 30 feet in height) extending across a steep transition from dense bedrock to compacted fill. Leighton conducted an extensive geologic and geotechnical investigation to provide recommendations for design and construction of the school. Detailed analysis of landslide and slope stability resulted in recommendations for removal of some landslides and stabilization or remaining slides and slopes. Leighton provided geotechnical observation and testing during grading and construction of the school. Chicken Creek, Claremont, CA. Leighton conducted a detailed geotechnical investigation and slope stability analysis for design and construction of the Chicken Creek drainage improvements. Significant geotechnical issues included a review of slope stability, debris generation, and sediment transport in the drainage area for proper sizing of the debris basins. Detailed analysis of interior basin slopes for rapid drawdown conditions and impact of saturation on adjacent native soils was also required. IUDA/Reclaimed Water Reservoir, City of Industry, CA. Project Geologist for the supplemental investigation for seismicity and liquefaction; work included groundwater sampling and analysis. The project consisted of the construction of a 110' diameter, 2.1 -million -gallon reclaimed water, a booster pump station and associated improvements. I Diamond 'Bar I Professional Soils and Geotechnical Engineering Services JASON HERTZBERG, PE, GE PRINCIPAL ENGINEER Education On -Geotechnical Testing Services and Pavement Rehabilitation, Diamond Bar, CA. Associate Engineer ■ M.S., Civil Engineering, with responsible for third -party review of geotechnical reports for specialization in Geotechnical developments planned within the City, plus geotechnical Engineering, California State monitoring during construction of large development projects. University, Long Beach He has completed plan review for nearly 250 projects in the ■ B.S., Civil Engineering, California City ranging from slope repairs to large tract residential State Polytechnic University, development. Also provided geotechnical recommendations Pomona for mitigation for potential instability of the Potrero Creek Professional Registrations Banks adjacent to the development and at the locations of ■ California Registered three planned bridge structures. Geotechnical Engineer— 2711 Montebello Service Station, Montebello, CA. The perimeter of ■ California Registered Civil an existing service station was upgraded to remove an existing Engineer- 61778 low perimeter fence and replaced with an 8 -foot -high block Experience Highlights wall. Mr. Hertzberg was on site to observe and test soils below ■ 19 years of experience providing footings for new walls. geotechnical engineering services Ontario Center, Ontario, CA. Project Engineer providing ® Experience with more than 200 geotechnical services in support of redevelopment of a portion miles of pavement rehabilitation of the former Ontario Motor Speedway site. Services have in local cities been provided for several developers, including the City of ■ Expertise in seismic and Ontario, Lord Baltimore, and Polygon. Proposed or constructed liquefaction hazards analysis, Improvements include office buildings up to five stories in foundation design, soil height and parking structures. reinforcement, and slope stability analysis Los Angeles Football Stadium Project, City of Industry, CA. ■ Has managed over 20 on-call Project Geotechnical Engineering for geotechnical contracts with overlapping investigation. Although the stadium concept has been schedules and deliverables discontinued, this was to be a truly unique project from a Years Exp I With firm: 19 1 18 geotechnical standpoint. The proposed stadium was to consist of bleachers cut into the bedrock of the San Jose Hills, complete with vomitories, tunnels, and access ways requiring retaining walls up to 70 feet high. A portion of the stadium bleachers were to be constructed on a compacted fill berm. The main stadium suite building included multiple stories, founded on large -diameter caissons, for which, prior to construction, a comprehensive load testing program was required. Detailed design level geotechnical studies were conducted to address slope stability, deep settlement monitoring, tieback wall design, foundation design, bedrock rebound, seismic design an many other aspect of the project. Industry East End Development, City of Industry, CA. Project Engineer for improvements to this 400 -acre site including a bridge over existing channel and a railway/road grade separation, construction of approximately 6 million square feet C ty ,of Ddatmor, d 3--�r I Pro essionaiSoils and Geotechnical Enaineeriny Ser=rices of new commercial/ industrial buildings. Geotechnical issues included large building foundations spanning from cut bedrock to highly compressible soil deposits, liquefaction, shallow groundwater exposed within roadway cuts, slope stabilization within the San Jose Hills, and fill placement within the historic San Jose Channel. Evaluation of pavement sections over weak clay soils. Multiple geotechnical investigations and multiple construction phases to construct water and recycled pipelines, sewers, channelization of natural streams, storm drains, two bridges, and other infrastructure improvements. Street Rehabilitation Projects, Pomona, CA. Project Engineer for geotechnical investigation and pavement evaluation for 11 streets, citywide. The subsurface exploration consisted of excavation, logging, and sampling of 23 hollow -stem auger borings from approximately 3 to 5 feet in depth. Also performed a pavement condition index evaluation. Laboratory testing included in-situ moisture content and density, maximum dry density and optimum moisture content, R -value, and sulfate content. East End Development Pipelines and Infrastructure, City of Industry, CA. Project Engineer during multiple geotechnical investigations and during multiple construction phases to construct water and recycled pipelines, sewers, channelization of natural streams, storm drains, two bridges, and other infrastructure improvements. The projects included stabilization of slopes in this area of approximately 600 acres of moderate to steep hillside terrain in the eastern Puente Hills adjacent to Diamond Bar. Significant geotechnical issues included ground water removal, wet and soft subgrade at pipeline foundation level and stabilization of several large landslides. East End Fire Station, Cityof Industry, CA. Project Engineer for the East End Fire Station that will be part of the Grand Crossing project, a 400 -acre commercial and industrial complex development. Geotechnical issues at the project site included stability of an ancient landslide, liquefaction potential, and settlement of compacted fill and alluvial soil. Fire Station #171, Rancho Cucamonga, CA. Project Engineer for geotechnical investigation and geotechnical testing during construction. Leighton conducted a geotechnical investigation that included subsurface borings and laboratory testing. Based on the investigation, developed economical foundation, design, and construction recommendations for the various areas including living areas, fire apparatus, and landscaping. The soil immediately underneath the footings for the proposed building and retaining walls were recommended to be overexcavated, and recompacted. Also performed percolation testing for design of onsite sewage disposal to help save project construction costs by avoiding construction of connections to the public disposal system. Fire Station, City of Industry, CA. Project Engineer for geotechnical investigation and material testing/inspection services. Grand Crossing Fire Station and East End Fire Station Industry Hills Equestrian Center, City of Industry, CA. Geotechnical services in support of construction of a 93,468 -square -foot structural cover over the rodeo arena, built on varying soil, bedrock, and fill materials. Sleepy Hollow Community Center, Chino Hills, CA. Project Engineer for geotechnical services during design and construction of the new community center in the Sleepy Hollow area of Chino Hills. Significant geotechnical issues included development in an environmentally sensitive site with existing older development and potentially unstable natural slopes. Near surface water removal and debris protection for the new construction were significant issues addressed during construction. City of Diamond Bar I Professionol Soils and Geotechnical Enarireering Services TOM BENSON, PE, GE PRINCIPAL IN CHARGE Education ■ M.S., Geotechnical Engineering, University of California, Berkeley ■ B.S., Civil Engineering, Michigan State University Professional Registrations ■ California Registered Geotechnical Engineer -2091 ■ California Registered Civil Engineer— 37896 ® Nevada Registered Civil Engineer— 022539 ■ Arizona Registered Civil Engineer -43412 Experience Highlights ■ 32 years of experience providing geotechnical engineering services ■ Senior responsibility for over 75 On -Call contracts ■ Has Managed personnel resources to meet fluctuating demands ■ Technical expertise and experience with utility alignments, street rehabilitation, and transportation structures Years Exp I With Firm: 32 1 12 7th Avenue Railroad Grade Separation, City of Industry, CA. Project Manager and Geotechnical -Engineer -of -Record for design of an under -crossing under the Metrolink (Union Pacific) Railway. This under -crossing was cut down below existing grade, requiring a double -track railway bridge with a spur, and two parallel retaining walls on either side of Seventh Avenue, each approximately 1,400 feet long. This was all constructed in an area of shallow groundwater adjacent to San Jose Creek. Extensive construction staging was required to keep this important railway and roadway open during construction. Lemon Street/SR-60 Interchange, Diamond Bar, CA. Principal Engineer. Provided quality control review of Geotechnical Design Report. Reclaimed Water Distribution Pump Station and Pipelines, Whittier Narrows, EI Monte, CA. Project Manager for the geotechnical investigation for a pump station at the County Sanitation Districts of Los Angeles County Whittier Narrows Water Reclamation Plant. Performed subsurface exploration along the proposed reclaimed water distribution system. Odin Landslide, Los Angeles, CA. Project Manager/Geotechnical Engineer for a study to determine cause and develop stabilization approaches for failure surrounded by slopes underlain by sedimentary and volcanic bedrock which have been deformed and faulted by tectonic activity along the Hollywood fault. Mecca Sewer Force Main Improvement Pipe, Avenue 66 (SR -195) and Pierce Street, Riverside County, CA. Project Manager for geotechnical investigation for design of the jack -and -bore segments of the proposed new four -mile -long, new 18 -inch diameter polyvinyl chloride (PVC) sewer pipeline for the Coachella Valley Water District (CVWD). Perris Valley Pipeline North Reach, Riverside, CA. Project Principal managing Leighton's installation and monitoring extensometers to monitor tunneling in granitic rock by the contractor, under Alessandro Boulevard and the BNSF active railway in southeastern Riverside. This 97 -inch inside diameter pipeline is for the Metropolitan Water District (MWD). Cily of Diamond Bar I Erofessiongl Soils and Geotacnnical Engineering Services GEORGE RUIZ FIELD OPERATIONS MANAGER Education Arterial Street Rehabilitation Zone 3 And 4, Diamond Bar, CA. Senior Engineering Technician responsible for quality ■ B.S., Business Administration, assurance, quality control, observation and testing of subgrade California State Polytechnic soils, aggregate base and the asphaltic concrete (AC) and University, Pomona material observation and testing of AC and Portland cement Professional Registrations concrete (PCC) for curb and gutter, sidewalk and ramps, etc. ■ Caltrans Certifications: 125, 216, Testing of slurry seal and Batch plant inspection of AC was also 231, 504, 518, 523, 524, 533, 539, provided. 540, 556, 557 ■ BNSF Contractor Training Phase 1 And Phase 2 Grand Avenue Street Rehabilitation, ■ CFR 1910.120 OSHA 40 -Hour Diamond Bar, CA. Observation and testing of subgrade soils, Training aggregate base and the asphaltic concrete (AC) and material ■ CFR 1910.120 OSHA 8 -Hour observation and testing of AC and Portland cement concrete Refresher Training (PCC) for curb and gutter, sidewalk and ramps. ■ Confined Space Entry ■ CPN Nuclear Gauge Certificate Diamond Bar Boulevard And sunset Crossing Rehabilitation, ■ Radiation Safety Officer Diamond Bar, CA. Senior Engineering Technician responsible Certification for observation and testing of subgrade soils, aggregate base Experience Highlights and the asphaltic concrete (AC) and material observation and ■ Extensive experience with testing of AC and Portland cement concrete (PCC) for curb and excavation and fill control gutter, sidewalk and ramps. ■ Manages field personnel during observation, testing and As Needed Testing for Pavement Rehabilitation, Rancho treatment of soil problems Cucamonga, CA. Project Manager. Mr. Ruiz is the primary ■ Addresses compressibility or point -of -contact, coordinates all project communication, collapsibility, expansiveness, attends weekly project meetings, schedules field personnel, corrosiveness, permeability, reviews and approves invoicing per client requirements. As compaction, and problematic needed he also performs field testing such as sampling of moisture conditions concrete, aggregates and asphaltic concrete (AC); and Years Exp I With Firm: 15 1 15 compaction testing of soil, aggregate base, and AC pavement per Caltrans specifications. Grand Avenue And Valley Boulevard, City Of Industry, CA. Senior Engineering Technician responsible for quality assurance, quality control, observation and testing of compaction and moisture content during post grading, street improvement operations for Grand Avenue and Valley Boulevard widening, construction of Baker Parkway, structure backfill, as well as excavation and footing observations. Mission Boulevard Corridor Improvements, Montclair, CA. Senior Engineering Technician responsible for; quality assurance, sampling of concrete, soil, aggregates and asphaltic concrete (AC), compaction testing of soil, aggregate base, and AC pavement per Caltrans specifications. This project consists of rehabilitation of existing pavement, reconstruction of the median, new driveway approaches, curbs and gutters, and reconstruction or realignment of catch basins and utility connections. City a'f Diamond Bar I Professional Soils andGeotechnical Engineering Services RICHARD ORR, PG ENVIRONMENTAL GEOLOGIST - ASSOCIATE Education ■ M.S.; Geosciences, University of Arizona, Tucson, AZ ■ B.S., Geology/GeoChemistry, University of California, Los Angeles, CA Professional Registrations ■ California Professional Geologist —7199 ■ CFR 1910.120 OSHA 40 -Hour Training ■ CFR 1910.120 OSHA 8 -Hour Refresher Training Experience Highlights ® 30 years of experience with all areas of environmental assessments: Phase I ESAs and site characterizations, soil and groundwater remediation, and asbestos inspections and management plans. ■ Provides quality defensible technical data and reports, regulatory liaison and negotiations. Years Exp I With Firm: 15 1 15 Sunkist Packing Plant, Ontario, CA. The City of Ontario Redevelopment Agency acquired the 100 year old Sunkist Packaging Plant scheduled for demolition as a potential site for new commercial/industrial property. Mr. Orr was project manager for a Phase I ESA and limited Phase II investigation on behalf of the City. Mr. Orr provided third party review forthe City of remedial actions and human health risk assessment executed by Sunkist on the removal of underground storage tanks and cleanup of soils and concrete impacted by petroleum, lead, and polychlorinated biphenyls (PCBs). The site was cleaned up to industrial/commercial standards under the oversight of the San Bernardino County Hazardous Materials Division and the US EPA Region IX, TSCA Division. Asbestos Consulting and Abatement Monitoring, Ontario, CA. As Project Geologist, Mr. Orr coordinated asbestos consulting and abatement monitoring services for a storm drain tie-in for new construction in the City's redevelopment area. An existing cement -asbestos storm drain was encountered during construction activities. The section of pipe in question was removed and properly disposed. Asbestos and Lead -Based Paint Surveys, Various Sites, Ontario, CA. Mr. Orr coordinated asbestos and lead-based paint surveys for multiple sites to be acquired by the City of Ontario Housing Agency for redevelopment. The parcels consisted of mixed commercial and residential buildings in the downtown redevelopment area. Phase I ESA and Limited Soil Sampling Investigation, Waste Transfer Facility, Corona, CA. Project Manager. The site is located near a closed capped landfill with active methane mitigation system. Potential recognized environmental conditions included the presence of surface soil staining associated with heavy equipment storage, potential heavy metal impacts from electrical equipment recycling and recovery area, and potential lead impacted soils around existing structures. Soil sampling did not identify impacted soils at the site and development plans were advanced. Phase I ESA and Phase l/ Soil Investigation, D Street and Euclid, Ontario, CA, City of Ontario Redevelopment Agency. Project Geologist for a Phase I ESA and Phase II Soil Investigation for a small commercial building in downtown Ontario, at the corner of D Street and Euclid. The site was identified as having an automotive services station on site in the mid-1950s. No further investigation or remediation was required. This work was performed as part of an on-call contract for the City of Ontario through Pfeiler & Associates Engineers. City of Diamond Sar I Professional Soils and Geotechnical Engineering Services PERSONNEL HOURLY RATES Phillip Buchiarelli, PG, CEG Project Manager Principal Geologist $ 190 Jason Hertzberg, PE, GE Project Engineer Principal Engineer $ 190 Tom Benson, Jr., PE, GE Principal in Charge Senior Principal Engineer $ 190 George Ruiz — — Field Operations Manager Field Manager $ 150 Richard Orr, P6 --- Environmental Geologist — .Associate Geologist - _ -- i $ 180 _ PROJECT APPROACH & METHODOLOGY When acting as a third -party reviewer of private development geotechnical reports, we will evaluate the adequacy of the site geotechnical investigation from a geologic and geotechnical engineering standard of practice standpoint and for code and ordinance conformance. In general we review geologic reports based on California Geologic Survey Note 42, Guidelines for Geologic/Seismic Reports, as well as other current publications including the California Building Code, California Geologic Survey Special Publication 117 and County of Los Angeles Guidelines for Preparation of Geotechnical Reports. We have a significant in-house library of geologic reports and historic aerial photographs to reference as part of our review process in addition to significant experience in the region. Finally, we consider the site conditions, our own experience and good engineering judgment in our review. For geotechnical investigations of improvements for the city, Leighton will provide a review of available reports and historic aerial photographs from our in-house library and published geotechnical reports and aerial photographs available from the local agencies. This will allow for an interpretation of the existing site conditions and provide the basis for the extent of further study. Additional field and subsurface investigation will be performed to provide site specific geologic data, as needed. Laboratory testing may also be conducted to evaluate the engineering properties of the earth materials onsite. From this data and information, Leighton will conduct a geologic and geotechnical engineering evaluation of the site and prepare a report presenting our findings, conclusions and recommendations for design and construction. PLAN CHECK SERVICES Our work with the public and private sectors has built a reputation for responsiveness, quality and efficiency. Leighton has served as geotechnical consultants to many cities in the southland and we are well versed in the special requirements of municipal service. We understand the need to provide responsive review services. In the past our review services for the city have included working directly with the project geotechnical consultant during the review process to resolve issues as expeditiously as possible. We have the technical staff available to provide review services and to meet the needs and time requirements of the city. We have a team of engineers and geologists on staff in our Rancho Cucamonga Office that can and have provided these services for the city if needed. In the past, we have also drawn technical skills from our other offices to address specific geotechnical conditions or designs. We will begin our review as soon as possible after receiving notification that plan check submittals are available and will complete most review work within 10 workdays for first submittals and 5 to 7 workdays for subsequent plan checks. Larger or more technically complex projects may require additional time. We will discuss these with you on a case by case basis ] S I.� eIgr I !, City �r Diamond Ear I Professional Soils anal Geotechnica; 1=ngineering Services COMPARABLE WORK & PROJECT REFERENCES Leighton believes that the surest indicator of a firm's ability to manage and complete a successful project is past performance. We encourage you to contact the following references to discuss our attentiveness to project, budget, schedule, and scope. As the geotechnical consultant for the City of Diamond Bar, Leighton provides third -party review of geotechnical (soils and geology) reports for developments planned within the City, plus geotechnical monitoring during construction of large development projects. Leighton has already provided review for nearly 225 projects (most with multiple submittals) in the City ranging from slope repairs to large tract residential development. Leighton also provides geotechnical services in support of Diamond Bar's public works projects, including geotechnical consulting and observation and testing for park improvements, street improvements and slope repairs. A few project examples that Leighton provided consulting services include the following: Zone 3 and 4 Arterial Street Rehabilitation Project: Leighton provided both geotechnical and materials testing for the City during construction. Construction included street rehabilitation of portions of Diamond Bar Boulevard, Brea Canyon Cut-off, Pathfinder Road, Golden Springs Road, Brea Canyon Road and Lemon Avenue in the City of Diamond Bar. In all, the project included rehabilitation of several miles of street within the City as well as reconstruction of nearly 500 feet of sidewalk and approximately 40 ADA ramps and access ways along these streets. Our work was provided in accordance with Caltrans Local Assistance (LA) Procedure Testing for this federally funded project. Services included review of asphalt and concrete mix designs, observation and testing fry -,tf3 subgrade soils, aggregate base and Hot Mix Asphalt (HMA); and sampling and testing of Portland cement concrete (PCC) for curb and gutter, sidewalk and ramps, etc. Testing of slurry seal and batch plant inspection of HMA was also provided. Similar services have been provided for the City of Diamond Bar for the Phase 1 and Phase 2 Grand Avenue Street Rehabilitation project and for the Diamond ear Boulevard and Sunset Crossing Rehabilitation project. City o; Diamond Bar I Professional Soils and Geotechnical Engineering Services Leighton has provided a wide variety of services for the City of Industry since the early 1990's. Most recently Leighton has 7" provided services during design and construction of the Indus ` a r _ Business Center East and West Projects in the City of Industry. try The project includes approximately 600 acres of moderate to steep hillside terrain in the eastern Puente Hills adjacent to Diamond Bar. The site is underlain by Puente Formation bedrock as well as surficial deposits including compressible alluvium, colluvium and landslide debris. Significant geotechnical issues include stabilization of numerous planned cut and fill over cut slopes in excess of 150 feet in height as well as stabilization of several large landslides. The project also includes dewatering of shallow groundwater, removal of compressible soil, installation of an extensive subterranean water removal system, placement of deep fills, settlement monitoring and design recommendations for construction. Geotechnical observation and testingfor the first 3 phases of construction included detailed geologic mapping of cuts slopes and removal excavations, observation of subdrain installation and observation and testing during fill placement and compaction. Final constructions phases are planned for 2016 and 2017. Leighton, City of DIRmonds Bar � Professional Soils and Geotechnical Engineering Services Leighton has been providing geotechnical pavement rehabilitation services under our on-call contract with the City of Corona Public Works Department on several projects throughout the city. Some of the projects include the following: Local Street Pavement Rehabilitation: The rehabilitation of existing pavements included Lincoln Avenue in the SR -91 right-of-way; Main Street at the intersection of Grand Boulevard and in the SR -91 right-of-way; and McKinley Street between Sampson Avenue and Griffin Way, including the SR -91 right-of-way. This project included the removal and reconstruction of pavement, grinding and resurfacing of pavement and the replacement of all stripping and pavement markings. All testing procedures, data collection and documentation were performed in accordance with Caltrans Test Methods, Caltrans Local Assistance Procedures Manual and Caltrans Construction Manual. Working mostly at night, Leighton provided observation and testing of fill placement, asphalt placement, base placement and rapid fill placement using Caltrans Certified Technicians. To obtain the field density and moisture content, technicians followed Caltrans Certified Nuclear Density Gauge test methods. Technicians collected soil, base and asphalt samples on site and at the batch plant which were transported to our Caltrans Certified Laboratory for testing. Local Pavement and Parking Lot Maintenance (Slurry) project consisted of resurfacing various city streets and local city park parking lots with a slurry seal. Leighton provided observation and sampling _, of the slurry seal emulsion for testing of wet track 'Ji s 1a "') abrasion, residual asphalt percentage, gradation, and emulsion analysis. Sixth Street Rehabilitation Improvements: The project consisted of construction of median, installation of landscape and irrigation over an estimated area of four acres, and street improvements. Installations of the scenic/beautification elements were included within the median. Leighton performed geotechnical observation and testing during reconstruction. City of Diamond Bar I Professional Soils and Geotechnical Engineering Services TERMS AND CONDITIONS We have reviewed the City's Consulting Services Agreement attached to the August 18, 2016 RFP. We are confident that we can reach an agreement with some minor modifications to the contract as in past years. STAFF AVAILABILITY The staff provided will be available for the duration of the required plan check services. In the unlikely event that a change in staff occurs, a written request will be submitted to the City for approval. CONSULTING SERVICES AGREEMENT Design THIS AGREEMENT (the "Agreement") is made as of October 4, 2016 by and between the City of Diamond Bar, a municipal corporation ("City") and Ninvo & Moore, a California corporation ("Consultant"). 1. Consultant's Services. Subject to the terms and conditions set forth in this Agreement Consultant shall provide to the reasonable satisfaction of the City the services set forth in the attached Exhibit "A", which is incorporated herein by this reference. As a material inducement to the City to enter into this Agreement, Consultant represents and warrants that it has thoroughly investigated the work and fully understands the difficulties and restrictions in performing the work. Consultant represents that it is fully qualified to perform such consulting services by virtue of its experience and the training, education and expertise of its principals and employees. Kimberly Young, (herein referred to as the "City's Project Manager"), shall be the person to whom the Consultant will report for the performance of services hereunder. It is understood that Consultant shall coordinate its services hereunder with the City's Project Manager to the extent required by the City's Project Manager, and that all performances required hereunder by Consultant shall be performed to the satisfaction of the City's Project Manager and the City Manager 2. Term of Agreement. This Agreement shall take effect October 18, 2016, and shall continue until October 18, 2019 unless earlier terminated pursuant to the provisions herein. 3. Compensation. City agrees to compensate Consultant for each service which Consultant performs to the satisfaction of City in compliance with the scope of services set forth in Exhibit "A". Payment will be made only after submission of proper invoices in the form specified by City. 4. Payment. A. As scheduled services are completed, Consultant shall submit to City an invoice for the services completed, authorized expenses and authorized extra work actually performed or incurred. B. All such invoices shall state the basis for the amount invoiced, including services completed, the number of hours spent and any extra work performed. C. City will pay Consultant the amount properly invoiced within 35 days of receipt, but may withhold 5% of any invoice until all work is completed, which sum shall be paid within 35 days of completion of the work and receipt of all deliverables. D. Payment shall constitute payment in full for all services, authorized costs and authorized extra work covered by that invoice. 5. Change Orders. No payment for extra services caused by a change in the scope or complexity of work, or for any other reason, shall be made unless and until such extra services and a price therefore have been previously authorized in writing and approved by the City Manager or his designee as an amendment to this Agreement. The amendment shall set forth the changes of work, extension of time, if any, and adjustment of the fee to be paid by City to Consultant. 6. Priority of Documents. In the event of any inconsistency between the provisions of this Agreement and any attached exhibits, the provisions of this Agreement shall control. 7. Status as Independent Contractor. A. Consultant is, and shall at all times remain as to City, a wholly independent contractor. Consultant shall have no power to incur any debt, obligation, or liability on behalf of City or otherwise act on behalf of City as an agent. Neither City nor any of its agents shall have control over the conduct of Consultant or any of Consultant's employees, except as set forth in this Agreement. Consultant shall not, at any time, or in any manner, represent that it or any of its agents or employees are in any manner agents or employees of City. B. Consultant agrees to pay all required taxes on amounts paid to Consultant under this Agreement, and to indemnify and hold City harmless from any and all taxes, assessments, penalties, and interest asserted against City by reason of the independent contractor relationship created by this Agreement. In the event that City is audited by any Federal or State agency regarding the independent contractor status of Consultant and the audit in any way fails to sustain the validity of a wholly independent contractor relationship between City and Consultant, then Consultant agrees to reimburse City for all costs, including accounting and attorney's fees, arising out of such audit and any appeals relating thereto. C. Consultant shall fully comply with Workers' Compensation laws regarding Consultant and Consultant's employees. Consultant further agrees to indemnify and hold City harmless from any failure of Consultant to comply with applicable Worker's Compensation laws. D. Consultant shall, at Consultant's sole cost and expense fully secure and comply with all federal, state and local governmental permit or licensing requirements, including but not limited to the City of Diamond Bar, South Coast Air Quality Management District, and California Air Resources Board. E. In addition to any other remedies it may have, City shall have the right to offset against the amount of any fees due to Consultant under this Agreement any amount due to City from Consultant as a result of Consultant's failure to promptly pay to City any reimbursement or indemnification required by this Agreement or for any amount or penalty levied against the City for Consultant's failure to comply with this Section. 8. Standard of Performance. Consultant shall perform all work at the standard of care and skill ordinarily exercised by members of the profession under similar conditions and represents that it and any subcontractors it may engage, possess any and all licenses which are required to perform the work contemplated by this Agreement and shall maintain all appropriate licenses during the performance of the work. 9. Indemnification. Consultant shall indemnify, defend with counsel approved by City, and hold harmless City, its officers, officials, employees and volunteers ("Indemnitees") from and against all liability, loss, damage, expense, cost (including without limitation reasonable attorneys' fees, expert fees and all other costs and fees of litigation) of every nature arising out of or in connection with: (1) Any and all claims under Worker's Compensation acts and other employee benefit acts with respect to Consultant's employees or Consultant's contractor's employees arising out of Consultant's work under this Agreement; and (2) Any and all claims arising out of Consultant's performance of work hereunder or its failure to comply with any of its obligations contained in this Agreement, regardless of City's passive negligence, but excepting such loss or damage which is caused by the sole active negligence or willful misconduct of the City. Should City in its sole discretion find Consultant's legal counsel unacceptable, then Consultant shall reimburse the City its costs of defense, including without limitation reasonable attorneys' fees, expert fees and all other costs and fees of litigation. The Consultant shall promptly pay any final judgment rendered against the Indemnitees. It is expressly understood and agreed that the foregoing provisions are intended to be as broad and inclusive as is permitted by the law of the State of California and will survive termination of this Agreement. Except for the Indemnitees, this Agreement shall not be construed to extend to any third party indemnification rights of any kind. (3) To the fullest extent permitted by law, Consultant agrees to indemnify and hold Indemnitees entirely harmless from all liability arising out of any claim, loss, injury to or death of persons or damage to property caused by the negligent professional act or omission in the performance of professional services pursuant to this Agreement. 10. Insurance. A. Consultant shall at all times during the term of this Agreement carry, maintain, and keep in full force and effect, with an insurance company authorized to do business in the State of California and approved by the City the following insurance: (1) a policy or policies of broad -form comprehensive general liability insurance written on an occurrence basis with minimum limits of $1,000,000.00 combined single limit coverage against any injury, death, loss or damage as a result of wrongful or negligent acts by Consultant, its officers, employees, agents, and independent contractors in performance of services under this Agreement, (2) property damage insurance with a minimum limit of $500,000.00 per occurrence; (3) automotive liability insurance written on an occurrence basis covering all owned, non -owned and hired automobiles, with minimum combined single limits coverage of $1,000,000.00; (4) Worker's Compensation insurance when required by law, with a minimum limit of $500,000.00 or the amount required by law, whichever is greater; and (5) Professional liability insurance covering errors and omissions arising out of the performance of this Agreement with a combined single limit of $1,000,000. If such insurance is on a claims made basis, Consultant agrees to keep such insurance in full force and effect for at least five years after termination or date of completion of this Agreement. B. The City, its officers, employees, agents, and volunteers shall be named as additional insureds on the policies as to comprehensive general liability, property damage, and automotive liability. The policies as to comprehensive general liability, property damage, and automobile liability shall provide that they are primary, and that any insurance maintained by the City shall be excess insurance only. C. All insurance policies shall provide that the insurance coverage shall not be non -renewed, canceled, reduced, or otherwise modified (except through the addition of additional insureds to the policy) by the insurance carrier without the insurance carrier giving City ten (10) day's prior written notice thereof. Consultant agrees that it will not cancel, reduce or otherwise modify the insurance coverage and in the event of any of the same by the insurer to immediately notify the City. D. All policies of insurance shall cover the obligations of Consultant pursuant to the terms of this Agreement and except for professional liability insurance, shall be issued by an insurance company which is authorized to do business in the State of California or which is approved in writing by the City; and shall be placed have a current A.M. Best's rating of no less than A-, VII. In the case of professional liability insurance, such coverage shall be issued by companies either licensed or admitted to conduct business in the State of California so long as such insurers possesses the aforementioned Best's rating. E. Consultant shall submit to City (1) insurance certificates indicating compliance with the minimum insurance requirements above, and (2) insurance policy endorsements or a copy of the insurance policy evidencing the additional insured requirements in this Agreement, in a form acceptable to the City. F. Self -Insured Retention/Deductibles. All policies required by this Agreement shall allow City, as additional insured, to satisfy the self-insured retention ("SIR") and/or deductible of the policy in lieu of the Consultant (as the named insured) should Consultant fail to pay the SIR or deductible requirements. The amount of the SIR or deductible shall be subject to the approval of the City. Consultant understands and agrees that satisfaction of this requirement is an express condition precedent to the effectiveness of this Agreement. Failure by Consultant as primary insured to pay its SIR or deductible constitutes a material breach of this Agreement. Should City pay the SIR or deductible on Consultant's due to such failure in order to secure defense and indemnification as an additional insured under the policy, City may include such amounts as damages in any action against Consultant for breach of this Agreement in addition to any other damages incurred by City due to the breach. G. Subrogation. With respect to any Workers' Compensation Insurance or Employer's Liability Insurance, the insurer shall waive all rights of subrogation and contribution it may have against the Indemnitees. H. Failure to Maintain Insurance. If Contractor fails to keep the insurance required under this Agreement in full force and effect, City may take out the necessary insurance and any premiums paid, plus 10% administrative overhead, shall be paid by Consultant, which amounts may be deducted from any payments due Consultant. I. Consultant shall include all subcontractors, if any, as insureds under its policies or shall furnish separate certificates and endorsements for each subcontractor to the City for review and approval. All insurance for subcontractors shall be subject to all of the requirements stated herein. 11. Confidentiality. Consultant in the course of its duties may have access to confidential data of City, private individuals, or employees of the City. Consultant covenants that all data, documents, discussion, or other information developed or received by Consultant or provided for performance of this Agreement are deemed confidential and shall not be disclosed by Consultant without written authorization by City. City shall grant such authorization if disclosure is required by law. All City data shall be returned to City upon the termination of this Agreement. Consultant's covenant under this section shall survive the termination of this Agreement. Notwithstanding the foregoing, to the extent Consultant prepares reports of a proprietary nature specifically for and in connection with certain projects, the City shall not, except with Consultant's prior written consent, use the same for other unrelated projects. 12. Ownership of Materials. Except as specifically provided in this Agreement, all materials provided by Consultant in the performance of this Agreement shall be and remain the property of City without restriction or limitation upon its use or dissemination by City. Consultant may, however, make and retain such copies of said documents and materials as Consultant may desire. 13. Maintenance and Inspection of Records. In accordance with generally accepted accounting principles, Consultant and its subcontractors shall maintain reasonably full and complete books, documents, papers, accounting records, and other information (collectively, the "records") pertaining to the costs of and completion of services performed under this Agreement. The City and any of their authorized representatives shall have access to and the right to audit and reproduce any of Consultant's records regarding the services provided under this Agreement. Consultant shall maintain all such records for a period of at least three (3) years after termination or completion of this Agreement. Consultant agrees to make available all such records for inspection or audit at its offices during normal business hours and upon three (3) days' notice from the City, and copies thereof shall be furnished if requested. 14. Conflict of Interest. A. Consultant covenants that it presently has no interest and shall not acquire any interest, direct or indirect, which may be affected by the services to be performed by Consultant under this Agreement, or which would conflict in any manner with the performance of its services hereunder. Consultant further covenants that, in performance of this Agreement, no person having any such interest shall be employed by it. Furthermore, Consultant shall avoid the appearance of having any interest which would conflict in any manner with the performance of its services pursuant to this Agreement. B. Consultant covenants not to give or receive any compensation, monetary or otherwise, to or from the ultimate vendor(s) of hardware or software to City as a result of the performance of this Agreement. Consultant's covenant under this section shall survive the termination of this Agreement. 15. Termination. The City may terminate this Agreement with or without cause upon fifteen (15) days' written notice to Consultant. The effective date of termination shall be upon the date specified in the notice of termination, or, in the event no date is specified, upon the fifteenth (15th) day following delivery of the notice. In the event of such termination, City agrees to pay Consultant for services satisfactorily rendered prior to the effective date of termination. Immediately upon receiving written notice of termination, Consultant shall discontinue performing services, unless the notice provides otherwise, except those services reasonably necessary to effectuate the termination. The City shall be not liable for any claim of lost profits. 16. Personnel/Designated Person. Consultant represents that it has, or will secure at its own expense, all personnel required to perform the services under this Agreement. All of the services required under this Agreement will be performed by Consultant or under it supervision, and all personnel engaged in the work shall be qualified to perform such services. 17. Non -Discrimination and Equal Employment Opportunity. A. Consultant shall not discriminate as to race, color, creed, religion, sex, marital status, national origin, ancestry, age, physical or mental handicap, medical condition, or sexual orientation, in the performance of its services and duties pursuant to this Agreement, and will comply with all rules and regulations of City relating thereto. Such nondiscrimination shall include but not be limited to the following: employment, upgrading, demotion, transfers, recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. B. Consultant will, in all solicitations or advertisements for employees placed by or on behalf of Consultant state either that it is an equal opportunity employer or that all qualified applicants will receive consideration for employment without regard to race, color, creed, religion, sex, marital status, national origin, ancestry, age, physical or mental handicap, medical condition, or sexual orientation. C. Consultant will cause the foregoing provisions to be inserted in all subcontracts for any work covered by this Agreement except contracts or subcontracts for standard commercial supplies or raw materials. 18. Reserved. 19. Time of Completion. Consultant agrees to commence the work provided for in this Agreement within (5) days of being notified by the City to proceed and to diligently prosecute completion of the work within the timeframe designated per task or as may otherwise be agreed to by and between the Project Manager and the Consultant. 20. Time Is of the Essence. Time is of the essence in this Agreement. Consultant shall do all things necessary and incidental to the prosecution of Consultant's work. 21. Delays and Extensions of Time. Consultant's sole remedy for delays outside its control shall be an extension of time. No matter what the cause of the delay, Consultant must document any delay and request an extension of time in writing at the time of the delay to the satisfaction of City. Any extensions granted shall be limited to the length of the delay outside Consultant's control. If Consultant believes that delays caused by the City will cause it to incur additional costs, it must specify, in writing, why the delay has caused additional costs to be incurred and the exact amount of such cost within 10 days of the time the delay occurs. No additional costs can be paid that exceed the not to exceed amount absent a written amendment to this Agreement. In no event shall the Consultant be entitled to any claim for lost profits due to any delay, whether caused by the City or due to some other cause. 22. Assignment. Consultant shall not assign or transfer any interest in this Agreement nor the performance of any of Consultant's obligations hereunder, without the prior written consent of City, and any attempt by Consultant to so assign this Agreement or any rights, duties, or obligations arising hereunder shall be void and of no effect. 23. Compliance with Laws. Consultant shall comply with all applicable laws, ordinances, codes and regulations of the federal, state, and local governments. 24. Non -Waiver of Terms, Rights and Remedies. Waiver by either party of any one or more of the conditions of performance under this Agreement shall not be a waiver of any other condition of performance under this Agreement. In no event shall the making by City of any payment to Consultant constitute or be construed as a waiver by City of any breach of covenant, or any default which may then exist on the part of Consultant, and the making of any such payment by City shall in no way impair or prejudice any right or remedy available to City with regard to such breach or default. 25. Attorney's Fees. In the event that either party to this Agreement shall commence any legal or equitable action or proceeding to enforce or interpret the provisions of this Agreement, the prevailing party in such action or proceeding shall be entitled to recover its costs of suit, including reasonable attorney's fees and costs, including costs of expert witnesses and consultants. 26. Mediation. Any dispute or controversy arising under this Agreement, or in connection with any of the terms and conditions hereof, which cannot be resolved by the parties, may be referred by the parties hereto for mediation. A third party, neutral mediation service shall be selected, as agreed upon by the parties and the costs and expenses thereof shall be borne equally by the parties hereto. The parties agree to utilize their good faith efforts to resolve any such dispute or controversy so submitted to mediation. It is specifically understood and agreed by the parties hereto that mutual good faith efforts to resolve the same any dispute or controversy as provided herein, shall be a condition precedent to the institution of any action or proceeding, whether at law or in equity with respect to any such dispute or controversy. 27. Notices. Any notices, bills, invoices, or reports required by this Agreement shall be deemed received on (a) the day of delivery if delivered by hand during regular business hours or by facsimile before or during regular business hours; or (b) on the third business day following deposit in the United States mail, postage prepaid, to the addresses heretofore set forth in the Agreement, or to such other addresses as the parties may, from time to time, designate in writing pursuant to the provisions of this section. "CONSULTANT" Ninvo & Moore 475 Goddard, Suite 200 Irvine CA 92618 Attn.: Kurt S. Yoshii, P.E., G.E. Phone: 949-753-7070 E -Mail: kyoshii@ninyoandmoore.com "CITY" City of Diamond Bar 21810 Copley Drive Diamond Bar, CA 91765-4178 Attn.: David G. Liu, P.E. Phone:909-839-7040 E-mail: dliu@diamondbarca.gov 29. Governing Law. This Agreement shall be interpreted, construed and enforced in accordance with the laws of the State of California. 30. 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. 31. Entire Agreement. This Agreement, and any other documents incorporated herein by reference, represent the entire and integrated agreement between Consultant and City. This Agreement supersedes all prior oral or written negotiations, representations or agreements. This Agreement may not be amended, nor any provision or breach hereof waived, except in a writing signed by the parties which expressly refers to this Agreement. Amendments on behalf of the City will only be valid if signed by a person duly authorized to do so under the City's Purchasing Ordinance. IN WITNESS of this Agreement, the parties have executed this Agreement as of the date first written above. "Consultant" NINYO & MOORE Printed Name: Title: By: Printed Name: Title: Approved as to form: 0 David A. DeBerry, City Attorney "City" CITY OF DIAMOND BAR an Nancy A. Lyons, Mayor ATTEST: Tommye A. Cribbins, City Clerk *NOTE: If Consultant is a corporation, the City requires the following signature(s): (1) the Chairman of the Board, the President or a Vice -President, AND (2) the Secretary, the Chief Financial Officer, the Treasurer, an Assistant Secretary or an Assistant Treasurer. If only one corporate officer exists or one corporate officer holds more than one corporate office, please so indicate. OR The corporate officer named in a corporate resolution as authorized to enter into this Agreement. A copy of the corporate resolution, certified by the Secretary close in time to the execution of the Agreement, must be provided to the City. Geotechnical and Environmental Sciences Consultants September 7, 2016 Proposal No. PO4-00967 Mr. John Beshay Associate Engineer City of Diamond Bar Department of Public Works 21810 Copley Drive Diamond Bar, California 91765-4177 Subject: Proposal for Professional Soils and Geotechnical Engineering Services City of Diamond Bar, California Dear Mr. Beshay: Ninyo & Moore is pleased to submit this proposal to provide professional soils and geotechnical engineering services to the City of Diamond Bar (City) on an as -needed basis. This proposal is being submitted in response to the City's Request for Proposal (RFP) for Professional Soils and Geotechnical Engineering Services, dated August 18, 2016. We fully understand the City's needs and desires for a qualified consultant that can respond quickly and effectively. We are ready to meet the City's requirements by making available dedicated professionals who have the requisite experience and resources to meet your project needs. Some of the advantages Ninyo & Moore can provide to the City of Diamond Bar include Q Relevant Experience — Ninyo & Moore has had the privilege to serve the City of Diamond Bar as an as -needed geotechnical engineering services consultant continuously since 2011 so we are very familiar with the City's administrative and technical requirements. In addition, we have a proven track record for providing on-call soils and geotechnical engineering services to many other cities, counties, and other public agencies, including the Cities of Brea, Anaheim, Irvine, Mission Viejo, La Habra, Long Beach, Los Angeles, Riverside, Fontana, Rancho Cucamonga, Moreno Valley; Counties of Los Angeles, Orange, and San Bernardino; the Los Angeles Unified School District, Riverside County Transportation Commission, John Wayne Airport Authority, Orange County Sanitation District, and many other agencies and municipalities. Ninyo & Moore is experienced with the coordination and administration of on-call contracts and can effectively provide responsive and comprehensive services to the City. Q Ready to Start Work Immediately — Having worked for the City for the past 11 years, our staff understands the technical and administrative requirements of the City as well as the geotechnical conditions throughout the City, so there will be no learning curve for us. In addition, the resources of Ninyo & Moore, one of the largest geotechnical consulting firms in southern California employing nearly 400 professionals and possessing five fully -equipped, in-house soil and materials testing laboratories in California (three in southern California), has the manpower and equipment necessary to provide the required services for this contract and we are ready to start work immediately. This contract will be managed by our local Orange County office and laboratory located in Irvine, California. 475 Goddard, Suite 200 • bane. Califomla 92618 • Phone X949) 753-7070 • Fax X949) 753-7071 San Diego • Irvine - los Angeles • Rancho Cucamonga Oakland San hanosco • San lose - Sacramento Las Vegas Phoenix • ru¢on • Rescan, Valley Flagstaff Denver - Broomfield Houston Professional Soils and Geotechnical Engineering Services September 7, 2016 City of Diamond Bar, California Proposal No.PO4- 00967 Q Experienced Professionals — A project team composed of highly experienced and California licensed geotechnical engineers, certified engineering geologists, civil engineers, geologists, h dro eol fists multiple y g og p e certrfled construction inspectors, and Caltrans certified field and laboratory technicians that are available for this contract. Z Certified Laboratories and Equipment — Our laboratories have been certified/accredited by various agencies including the City of Los Angeles, Caltrans, Division of the State Architect (DSA), American Association of State Highway and Transportation Officials (AASHTO), Cement and Concrete Reference Laboratory (CCRL), and many other public agencies. As the contact person who is authorized to make legally binding commitments for Ninyo & Moore, I will be readily available and can be reached at our Irvine office, 475 Goddard, Suite 200, Irvine, California 92618; by phone, (949) 753-7070, extension 12233; and/or by email kyoshii@ninyoandmoore.com, to answer any questions during your evaluation period. We appreciate your favorable consideration of our proposal, and look forward to the opportunity to discuss our capabilities with you personally. We will be readily available and can be reached at (949) 753-7070 to answer any questions during your evaluation period. Sincerely, NINYO & MOORE Kurt S. Yos ", e Principal Engineer KSY/rad Distribution: (4) Addressee 1986 - 2016 YEARS of Quality S.'Vk. Professional Soils and Geotechnical Engineering Services City of Diamond Bar, California COMPANY BACKGROUND tember 7, 2016 No. PO4.00967 Ninyo & Moore Geotechnical and Environmental Sciences Consultants, a California Corporation was established in 1986 and for the past 30 years has been providing geotechnical engineering, environmental engineering, and materials testing and inspection services to public agencies and private clients. Since our inception, we have steadily grown to over 380 professionals in 15 offices throughout the southwest United States. Our offices are located in Irvine, Los Angeles, Rancho Cucamonga, San Diego, Sacramento, San Jose, San Francisco and Oakland, California; Las Vegas, Nevada; Prescott Valley, Phoenix and Tucson, Arizona; Denver and Broomfield, Colorado; and Houston, Texas. Our staff of design and construction -related professionals includes experienced and registered Geotechnical Engineers, Civil Engineers, Environmental Engineers, Geologists, Engineering Geologists and certified laboratory technicians. The experience of Ninyo & Moore's geotechnical staff encompasses projects throughout the southwestern United States, including design and construction of municipal and commercial structures, roadways, highways, bridges, reservoirs, treatment plants, pipelines, dams, power plants, tunnels, landfills, harbors and offshore structures, airports, railroads, high-rise structures, landslide repairs, educational facilities and other public and private works. We have expertise in soil and foundation analysis, pavements, underground structures, erosion, shoring, tunneling, seismicity, liquefaction analysis, and geologic hazards. Ninyo & Moore has extensive experience in plan review, third party review, and forensic geotechnical engineering and expert witness services. Our environmental staff has diverse experience in environmental assessment and audits, hazardous material assessment, surface and subsurface sampling, asbestos, lead-based paint, sampling and analysis, cost estimates, contamination studies, soil and groundwater contamination studies, site remediation, emergency response to hazardous spills, abatement, and redevelopment activities and projects. For the past 30 years, Ninyo & Moore has been providing geotechnical/geologic consulting services to public agencies, including local cities, counties, regional, state and federal. Our services have included third party review, geotechnical/geologic design, hazardous materials evaluation and abatement, and construction support services in the form of soils and materials testing and inspection services for thousands of projects throughout California. Our highly qualified staff is experienced in meeting the requirements of the California Building Code, as well as meeting the requirements of the various regulatory agencies involved with design and construction projects, including Occupational Safety and Health Administration (OSHA), Office of Statewide Health Planning and Development (OSHPD), California Division of the State Architects (DSA), South Coast Air Quality Management District, and other regulatory agencies. Our personnel are familiar with the standard plans and specifications prepared by various agencies, including the American Public Works Association, Caltrans, and other agencies. Ninyo & Moore has three fully equipped, certified soils and materials testing laboratory facilities in southern California supervised by registered engineers. Our laboratories are certified by the American Association of State Highway and Transportation Officials (AASHTO), the Cement and Concrete Reference Laboratory (CCRL), California Department of Transportation (Caltrans), DSA, the City of Los Angeles, and many other agencies. Our laboratories are equipped with the necessary testing equipment required for the proposed contract. The quality assurance manual for our laboratories assures that laboratory testing is documented and efficiently performed in accordance with the applicable testing standards. Our testing equipment is calibrated by independent, third -party calibration companies and is re -certified by the various agencies 3 Professional Soils and Geotechnical Engineering Services September 7, 2016 City of Diamond Bar, California Proposal No.PO4- 00967 within their required time limitations. In addition to our many certifications, our laboratories participate in soil, asphalt, and concrete proficiency sampling programs, including those administered by the AASHTO Materials Reference Laboratory (AMRL), CCRL, and the Caltrans Reference Sample Program (RSP). Ninyo & Moore has become a specialist in providing on-call services for public agencies. Through the years of providing on-call services, we have developed a management approach that enables us to provide our clients with responsive, efficient, and cost effective services utilizing master agreement/on-call contracts with specific task order work assignment authorizations. The success of our approach is demonstrated through our long list of successful public agency on-call services contracts and the continued renewal of these contracts. Some of the agencies for which Ninyo & Moore has been awarded on-call service contracts include the cities of Diamond Bar, Los Angeles, Pasadena, South Pasadena, Brea, Fontana, Rancho Cucamonga, Rialto, Irvine, Rancho Santa Margarita, Mission Viejo; County of Los Angeles Department of Public Works, County of Los Angeles Beaches and Harbors, Los Angeles County Metropolitan Transportation Authority (METRO), Caltrans, Orange County Public Works (OCPW), Orange County Community Resources (OCCR), Orange County Transportation Authority (OCTA), Orange County Sanitation District (OCSD), John Wayne Airport, Riverside County Transportation Commission (RCTC), San Bernardino County Department of Public Works, Port of Long Beach, Port of Los Angeles, Port of San Diego, as well as many local school districts, including the Brea Olinda Unified School District, Fullerton School District, Fullerton Joint Union School District, Placentia-Yorba Linda School District, Los Angeles Unified School District (LAUSD), and the Norwalk -La Mirada Unified School District PROPOSED PROJECT PERSONNEL The following paragraphs describe the individual qualifications of our key personnel, who have all worked for the City of Diamond Bar on past task -order assignments. The resumes of the key project personnel are being presented in the Appendix A. Principal -in -Charge Kurt Yoshii, PE, GE, will serve as Principal -in -Charge and will provide principal oversight of the contract to ensure that our team meets or exceeds the City's expectations for each assignment. Mr. Yoshii graduated from the University of California at Berkeley with a degree in Civil Engineering and is a licensed Civil and Geotechnical Engineer in the State of California. He has over 25 years of experience in geotechnical engineering and materials testing services, the past 21 years with Ninyo & Moore. Mr. Yoshii has worked on many of Ninyo & Moore's on-call contracts with public agencies, including Cities of Diamond Bar, Rancho Cucamonga, Fontana, Rialto, Irvine, Mission Viejo; Department of Public Works for the Counties of Los Angeles, San Bernardino and Orange; transportation agencies, including Los Angeles METRO, San Bernardino Associated Governments (SANBAG), Riverside County Transportation Commission (RCTC), Orange County Transportation Authority (OCTA), John Wayne Airport, as well as on-call contracts with Caltrans Districts 7, 8, and 12. Mr. Yoshii has performed expert witness service for the City of Diamond Bar for the evaluation of asphalt rubber overlay along Golden Springs Drive, from Grand Avenue to Brea Canyon Road, as well as provided both geotechnical design services and third -party geotechnical review services for the City on past projects. e Professional Soils and Geotechnical Engineering Services September 7, 2016 City of Diamond Bar, California Proposal No.PO4- 00967 Project Manager Mr. James Barton, PG, CEG., will serve as our Project Manager, responsible for coordination of our services, including maintaining the overall contract management, and will also provide geologic engineering third party review services. These are the same services Mr. Barton has been performing on our current contract with the City. Mr. Barton is a California licensed Professional Geologist and Certified Engineering Geologist and has over 34 years experience in engineering geology performing geologic and seismic hazard evaluations, design services, and construction consultations for a variety of large and small projects throughout southern California. Mr. Barton holds a Bachelor of Arts in Earth Science from LaSalle College, Philadelphia, Pennsyl- vania. Mr. Barton supervises geologic staff, provides technical guidance, and authors and reviews geotechnical reports. He also designs geologic exploration programs for complex projects, supervises field exploration work, evaluates soil and rock samples, and analyzes geologic structural problems. Mr. Barton works on geologic and seismic hazard evaluations including assessment of fault rupture potential, probabilistic and deterministic seismic risk, and landslide hazards. He performs investigations of landslides and slope sta- bility. Technical Advisor -Geotechnical Soumitra Guha, Ph.D., PE, GE, will serve as a Technical Advisor. Dr. Guha is a Principal Engineer with Ninyo & Moore with extensive and diverse professional experience in geotechnical engineering design and construction practice. Dr. Guha coordinates and conducts geotechnical evaluations for commercial, resi- dential and public facilities, including hospitals, highways, railroads, airports, reservoirs, pipelines, public and private buildings, and bridges; performs slope stability analyses, seismic hazard analyses, flexible and rigid pavement design, and underground pipeline design; prepares and reviews geotechnical reports; pro- vides geotechnical design parameters and recommendations for shallow and deep foundations, temporary and permanent retaining structures, tieback anchors, soil nails, in-situ ground remediation and earthwork; reviews laboratory test results, project plans and specifications; provides supervision and technical support to staff -level engineers and geologists; performs project administration and management; and provides forensic evaluation of distressed pavements, residential and commercial structures. Technical Advisor -Engineering Geology Mr. Larry Jansen, PG, CEG, Principal Geologist, has 36 years of engineering geology experience in southern California; the past 19 years at Ninyo & Moore. Mr. Jansen is a California -registered Professional Geologist and Certified Engineering Geologist and his experience includes work for public agencies. He has personally performed exploration of geologic structure, groundwater, landslides, slope stability, and fault and seismic hazards and is well versed in exploration techniques including aerial photo interpretation, downhole logging, hollow stem and mud rotary drilling, monitoring wells, fault trenching, and geophysical surveys. Mr. Jansen has field construction experience with grading, blasting, landslide buttresses, subsurface drainage systems, shoring systems, tie -back anchors, drilled foundations, and as -graded geologic evaluation and mapping. Technical Advisor -Materials Mr. Lawrence Lovett, PE will serve as technical advisor for Materials Engineering and Quality Assurance. Mr. Lovett is a licensed Civil Engineer in California and holds a degree in Civil Engineering from the University of Maryland, as well as a Master's Degree in Business Administration from New York State 5 Professional Soils and Geotechnical Engineering Services City of Diamond Bar, California September 7, 2016 !sal No.PO4- 00967 University, and has more than 50 years of experience in materials testing and inspection services. Mr. Lovett's role on this contract will be to oversee Ninyo & Moore's in-house Quality Assurance program for materials testing and inspection services is adhered to, and will also serve as an additional resource for technical expertise on materials testing and inspection issues for the District. Mr. Lovett's experience includes numerous new construction projects for various public agencie. He also serves as an expert witness for construction materials related issues on forensics/litigation cases. The following table summarizes Ninyo & Moore's key project team's qualifications, licenses and certifications. The resumes of our key project personnel are provided as attached. Kurt Yoshi!, PE, GE Principal -in- B.S. Civil Engineering Registered Geotechnical Engi- 25 21 Charge/ neer, CA, GE 2508 Principal Registered Civil Engineer, CA, Engineer RCE 54759 Jim Barton, PG, CEG Project B.S. Geological Sciences Certified Engineering Geologist, 33 12 Manager CA, CEG 1301 Geologist Professional Geologist, CA, PG 3952 Lawrence Jansen, PG, CEG Technical M.S. Geological Sciences Professional Geologist, CA, PG 37 20 Advisor- 3841 Geology- B.S., Geology Certified Engineering Geologist, Principal CA, CEG 1198 Geologist Sam Guha, Ph.D, PE, GE Technical Ph.D. Geotechnical Engineering Registered Geotechnical Engi- 25 14 Advisor- neer, CA GE 2632 Geotechnical — M.S. Geotechnical Engineering Principal B.S. Civil Engineering California Registered Civil Engi- Engineer neer, PE 58967 Lawrence Lovett Technical MBA Registered Civil Engineer RCE 48 19 Advisor- B.S., Civil Engineering 50994 CA Materials Geotechnical Task Managers/Project Engineers and Project Geologists The following table lists the qualifications of a sampling of our available Task Managers to support our key personnel for this contract. C Professional Soils and Geotechnical Engineering Services City of Diamond Bar, California September 7, 2016 )set No.PO4- 00967 Daniel Chu, Ph.D., PE, GE Chief Ph.D. Geotechnical Registered Civil Engineer, CA, 35 24 Geotechnical Engineering RCE 37991 Engineer Geologist Registered Geotechnical fornia, PG 6456 M.S., Geotechnical Engineer Engineering CA, GE 2096 Certified Engineering Geolo- B.S. Civil Engineering Greg Corson, PE, CEG Senior B.A., Earth Science Certified Engineering 21 20 Geologist Post Graduate Studies, Ge- Geologist, CA, CEG 2310 Michael Rogers, PG, CEG ology Professional Geologist, Certified Engineering Geolo- 28 CA, PG 7318 Scott M. Johnson, PG, CEG Principal B. S., Geology Professional Geologist, Cali- 27 21 Geologist fornia, PG 6456 Certified Engineering Geolo- gist, CA 2295 Michael Rogers, PG, CEG Senior B.S., Geology Certified Engineering Geolo- 28 10 Geologist gist, CA, CEG 2364 Professional Geologist, CA PG 7335 40 -Hour Hazardous Waste Operations Certification Radiological Safety and Gauge Use Certification Michael Putt, PG, CEG Principal B.S., Geology Certified Engineering Geolo- 20 8 Geologist Applied Rock Slope Engi- gist, CA, CEG 2341 nearing Short Course, 2006, Professional Geologist, -Assoc. of Engineering Geol- CA PG 7581 ogists, California Radiological Safety and Gauge Use Certification, 1997 Jennifer Schmidt, PG Senior B.S., Geology Professional Geologist, CA, 9 9 Project PG 9016 Geologist Rajindra Handapangoda, PE, GE Project M.S., Geotechnical & Earth- Registered Civil Engineer, CA, 10 10 Engineer quake Engineering RCE 73171 B.S., Civil & Environmental Registered Geotechnical Engineering Engineer, CA, GE 2998 Spencer Marcinek, PE Project M.S., Geoengineering Registered Civil Engineer, CA, 4 2 Engineer B.S., Civil and Environmental PE 82775 Engineering Victoria MacKinnon Project B.S., Geotechnical Engineer- Engineer in Training, EIT 20 20 Engineer ing John Krobetzky Laboratory B.S., Biology Campbell Pacific Nuclear 37 22 Manager Gauge Operator Certification Troxler Electronics Nuclear Gauge Certification OSHA 40 -Hour Hazwoper ACI Concrete Caltrans TL -0111 Certification AASHTO Evaluations, Con- crete, Soils, Asphalts 7 Professional Soils and Geotechnical Engineering Services September 7, 2016 City of Diamond Bar, California Proposal No.PO4- 00967 Ninyo & Moore is committed to providing the City of Diamond Bar with highly qualified and experienced personnel throughout the contract duration. The key personnel selected for this contract have all worked together at Ninyo & Moore for over 15 years which demonstrates the commitment of our individual team members. We also have the personnel resources to temporarily replace each of our key members with equivalently qualified, certified and experienced personnel in the event of unanticipated illness or planned vacation. Personnel assigned to work on this contract shall receive prior approval from the City. FEE SCHEDULE As requested in the RFP, we have included our Schedule of Fees as attached, which lists the hourly rates of our personnel. The "Title" column in the above table lists the title of each employee as listed in the Schedule of Fees. PROJECT APPROACH Ninyo & Moore will utilize the project management style and approach that we have successfully developed for our current on-call contracts with public agencies, which includes providing a single point -of -contact for the City. Throughout the contract duration, Mr. James Barton, our project manager, will meet with the representative(s) of the City to discuss each task order assignments and the anticipated services required. We will provide a detailed scope of work and estimated cost based on our understanding of the services required and our approved schedule of fees. Upon written approval of our scope of work and budget and receiving notice to proceed, we will commence our ser- vices. For our geotechnical and engineering geology plan review services, we will proceed to review the plan check submit- tal documents for conformance with the requirement of the City of Diamond Bar, Building Code, and other applicable governing agency requirements for the specific project. Upon completion of our review, we will provide a written summary of the results of our plan review. If requested, we will also attend meetings with the City and the applicant, as well as the applicant's geotechnical consultant, to discuss our review comments in an effort to clarify our com- ments and expedite the response review process. A copy of our standard plan review checklist for geotechnical engineering and engineering geology, grading plan review, grading observation and compaction reports, fault eval- uation, and liquefaction reports are presented in Appendix B. For geotechnical evaluations, we will proceed with our background research and document reviews, and permitting process, including obtaining local agency permits for our subsurface evaluations. Coordination of our services will be performed with City representatives and updates of our progress will be performed via e-mail and telephone calls. Draft and final reports are typically submitted for review. Agency review comments will be addressed with written response and supplemental data, if required. We will also attend meetings with regulatory agencies on behalf of the City when requested, to discuss the technical aspects of our services. For construction support services projects, our services typically commence with attendance at the pre -construction meeting to discuss with the construction team the coordination of our field services. During construction, our ser- vices are typically requested by the City's field representative. We will coordinate on a daily basis with the field representative to see what services and personnel will be required for the next day. Should unanticipated conditions or issues arise that require involvement of our office personnel, we will coordinate our requested services with the City's project manager and attend field meetings, site inspections and perform supplemental investigations as re- quested. Daily report of field observations and special deputy inspection reports will be provided on a daily basis. Laboratory test results, including construction material conformance testing will be provided e-mail after completion of the test and review of the results and hard copies sent for the project files. If the results of laboratory conformance testing do not meet the project specified requirements, the client will be notified by telephone and/or e-mail with a written copy of the test reports e-mailed. Professional Soils and Geotechnical Engineering Services September 7, 2016 City of Diamond Bar, California Proposal No.PO4- 00967 Monthly progress status reports will be submitted summarizing the work performed for each specific project and will be accompanied by our monthly invoice. Field inspection and testing hours will be listed on a daily basis and labora- tory testing services will be listed by individual test performed. Each monthly invoice will include a coversheet acceptable to the City, summarizing the project information, budget status, including amount billed to date and re- maining budget. When additional services are requested, outside of our original scope of services, we will notify the City in writing and detail the services requested and our estimated cost. Upon written approval from the City, we will commence with the additionally approved extra work. In some instances, when instructed to do so by the client, we have com- menced with our additional services immediately upon notice to proceed from the client in order not to delay the construction schedule. SCOPE OF SERVICES Scheduling and Equipment Ninyo & Moore is committed to providing prompt, efficient, and high quality plan review, geotechnical engineering, and materials testing services throughout the contract duration. As one of the largest geotechnical and environmental firms in southern California, Ninyo & Moore has the personnel and resources available to complete the requested services in accordance with the City's schedules. We will pick up plan check submittal from the City within 24 hours of notification by the City and commence with our review. As we have demonstrated on past plan review assignments for the City, we will complete our review within 10 working days. As requested by the City, we will meet with the City representatives and the plan check applicant and their consultant. We will meet the City schedule for plan check turn -a -round, which we understand is typically 10 working days, unless otherwise directed by the City. If a re -submittal is necessary we will follow the same procedure; pick up comments from the City within 24 hours of notification and review plan review comments within 5 working days, or as directed by the City. Our geotechnical engineering services will be scheduled for each project depending on the specific scope of services requested. As we perform the necessary laboratory testing and geotechnical analyses in-house, we can accommodate rush jobs in order to meet the City's schedule requirements. Our vast pool of experienced and certified technicians and inspectors has allowed us to accommodate continuous 24-hour construction schedules as well as weekend work when required for our soil compaction and materials testing services. Our personnel are equipped with smart telephones with email, texting, and voice mail so that our field and laboratory personnel are in constant communication with our project manager, as well as the client, in order to effectively accommodate last minute scheduling changes. In addition, we have provided technicians and inspectors on-site within as little as 2 -hour notification on past projects for other agencies. Our current workload allows us to provide the required personnel throughout the duration of the proposed contract for the City of Diamond Bar. Our field personnel will arrive at scheduled requests with the required Personal Protective Equipment (PPE), including hard hats, orange reflective vests, and appropriate footwear, as well as safety goggles, ear plugs, and other devices as may be required. In addition our multiple certified personnel, we maintain a wide variety of Caltrans -certified field testing equipment for soils, base, asphalt and concrete materials in order to provide additional testing services as requested in the field as well as to cover last minute changes and requests that often occur. Our vehicles are also equipped with the necessary safety equipment including flashing lights with a driver controlled switch, first aid kits, and fire extinguishers. Ninyo & Moore has a full-time Certified Industrial Hygienist (CIH) who oversees our Injury and Illness Prevention Plan and who also prepares and reviews Site Safety Plans. Professional Soils and Geotechnical Engineering Services September 7, 2016 City of Diamond Bar, California Proposal No.PO4- 00967 `1 Quality Assurance/Quality Control Programs Ninyo & Moore has both geotechnical and materials testing quality assurance/quality control programs which facilitate compliance with project performance standards, schedules and budgets. These comprehensive quality assurance plans utilize management approach procedural manuals that delineate the interrelationship between management and design team components and describe specific quality control procedures to be used. The programs address data generation, management, and quality assessment guidelines for sampling and analysis procedures, as well as methods of corrective action. The quality assurance program manuals are available for review upon request. Construction Inspection and Environmental Services We understand that construction inspection services, including reinforced concrete, pre -stressed concrete, structural steel, welding, masonry, and roofing are not a part of this RFP; however, Ninyo & Moore has in-house inspectors that are certified by the ICC, AWS, DSA, that can provide construction inspection if required. In addition, our in-house environmental services include hazardous materials evaluation and abatement/remediation and we have been able to quickly respond and remediate unanticipated soil/groundwater contamination as well as unanticipated lead pamt/asbestos abatement on many past projects, with very little if any delay to the construction schedule. We men- tion these additional services due to the benefit they have provided to many of our materials testing and geotechnical engineering clients when unexpected emergency situations arose and we were able to quickly respond and resolve the issues for them. COMPARABLE WORK The following projects describe comparable on-call geotechnical engineering contracts with have performed for other cities in southern California. We are successfully utilizing the project approach we have described in this proposal. As stated in the RFP, we have limited our list in this submittal to three other public agencies. Client Contact Services Provided City of Diamond Bar Ms. Kimberly Young; Ninyo & Moore has provided third party geotechnical 21825 Copley Drive (909) 839-7000 review services for residential development, public Diamond Bar, California 91765 school, and for a landslide repair under our On -Call Geotechnical Plan Review services contract. City of Los Angeles, Mr. Christopher F. Ninyo & Moore is providing, on-call contract with the Department of Public Works, Johnson; City of Los Angeles, Department of Public Works, Bureau of Engineering (213) 847-0538 Bureau of Engineering, Geotechnical Division to 1149 S Broadway, Suite 120, provide geotechnical and environmental consulting Los Angeles, CA 90015 services. City of Rancho Cucamonga Mr. Jerry Dyer Ninyo & Moore is currently providing geotechnical, soils 10500 Civic Center Drive, (909) 477-2740 and materials testing services for various Rancho Cucamonga, CA 91729 improvements projects in Rancho Cucamonga, California. CLIENT REFERENCES As requested in the RFP, we are providing three references to demonstrate our past performance in providing ge- otechnical engineering services to our public agencies clients. Please contact these references at your convenience to discuss our past performance on their contracts. 10 Professional Soils and Geotechnical Engineering Services Citv of Diamond Bar. California City of Diamond Bi 21825 Copley Drive Diamond Bar. Califo Ms. Kimberly Young; (909) 839-7000 City of Los Angeles, Mr. Christopher F. Johnson; Department of Public Works, Bureau of Engineering (213) 847-0538 1149 S Broadway, Suite 120, Los Angeles, CA 90015 City of Rancho Cucamonga Mr. Jerry Dyer 10500 Civic Center Drive, (909) 477-2740 Rancho Cucamonqa, CA 91729 REQUIRED STATEMENTS As required in the RFP, Ninyo & Moore is providing the following statements: September 7, 2016 )sal No.PO4- 00967 Ninyo & Moore accepts the terms and conditions outlined in the City's Consulting Services Agreement, a sample of which was included in the City's RFP dated August 18, 2016. Ninyo & Moore commits to the City of Diamond Bar that we will have the staff available to provide the City with the required services for this contract. INSURANCE COVERAGE To provide safeguards and to meet the requirements of our clients, we carry the following types of insurance: Insurance Type Amount Carrier Professional Liability $ 5 Million/claim Evanston Insurance Company February 6, 2017 $ 5 Million aggregate General Liability $1 Million/claim American Automobile Insurance Company $ 2 Million aggregate Excess Liability $ 9 Million Travelers Property Casualty Company Worker's Compensation $1 Million American Automobile Insurance Company MINORITY-OWNED BUSINESS ENTERPRISE (MBE) CERTIFICATIONS Ninyo & Moore is a Minority -Owned Business Enterprise (MBE). A list of agencies with which Ninyo & Moore is certified as a MBE is presented below: Agency / Certification Certification No. Expiration Date City of Los Angeles/ Minority Business Enterprise CCA -964 No Expiration Date County of Los Angeles 50198 June 23, 2017 CPUC WMBE Clearinghouse / Minority Business Enterprise 90CS0160 February 6, 2017 11 EDUCATION B.S., Civil Engineering, 1990, University of California, Berkeley PROFESSIONAL REGISTRATIONS PE 54759 (California) GE 2508 (California) PE 14274 (Nevada) PE 3791862202 (Utah) PE 48007 (Colorado) 40 -Hour OSHA HAZWOPER Certification with Annual Updates (CFR 1910.120) State of California/Safety Assessment Program ID#66477 PROFESSIONAL MEMBERSHIPS American Society of Civil Engineers American Society for Testing and Materials American Concrete Institute American Public Works Association American Council of Engineering Companies Asian American Architects / Engineers Association The Society of American Military Engineers Women's Transportation Seminar Construction Management Association of America KURT S. YOSHII, PE, GE PRINCIPAL -IN -CHARGE As a Principal Engineer for Ninyo & Moore, Mr. Yoshii oversees geotechnical evaluations for residential, commercial, and public facilities, including highways, railroads, pipelines, public and private buildings, and bridges; performs slope stability analyses, flexible and rigid pavement design, and underground pipeline design; prepares and reviews geotechnical reports, and provides geotechnical design parameters and recommendations for grading and earthwork, shallow and deep foundations, retaining structures, and in-situ ground remediation; reviews laboratory results, project plans and specifications; provides supervision and technical support to project -level engineers and geologists; performs project administration and management; and provides expert witness services. REPRESENTATIVE PROJECT EXPERIENCE As -Needed Geotechnical Plan Review Services, Diamond Bar, California: Served as Principal -in -Charge providing third party geotechnical consulting and plan review services associated with the proposed construction of residential and school projects located in the City of Diamond Bar. Services included project coordination with the City of Diamond Bar Public Works Department as well as the geotechnical engineer of record for each project, a review of several geotechnical design reports, periodic site visits during construction, review of as -built geotechnical reports for the projects, and client consultations. City of Rancho Santa Margarita, On -Call Geotechnical and Materials Testing Services: Served as Principal -in -Charge for the on-call geotechnical engineering consulting and material testing services of various City projects. Services included geotechnical observation and materials testing services for various construction projects including numerous pavement rehabilitation projects, pavement slurry seal, and drainage improvements and third -party review of geotechnical reports, emergency observation of slope failures resulting from heavy rain events. City of Anaheim, On -Call Consulting Support for Public Works Development Services: Principal Engineer for the as -needed plan check services of various Anaheim projects. This contract included geotechnical consulting services for the review of plans, studies and reports. Our services included third -party reviews of geotechnical reports and plans to evaluate if the plans were in conformance with the recommendations of the geotechnical reports, and that the geotechnical reports appropriately addressed the geotechnical site conditions. One task order involved geotechnical consulting services for the peer review of the liquefaction potential analysis of an approximately one -acre vacant site being evaluated for residential development. City of Fontana, On -Call Testing and Inspection Services: Project Manager retained to provide construction and inspection services for various projects for the City of Fontana including sewer construction, channel improvements, roadway rehabilitation and construction, new building construction, surface drainage evaluations, and third party geotechnical reviews. Responsibilities include contract management and daily coordination of field technicians, special deputy inspectors, and laboratory testing services in support of various projects. City of Lake Forest, EI Toro Road Traffic and Landscape Improvement Project: Principal -in -Charge for the materials testing and inspection services provided during the widening and landscape improvements along EI Toro Road from Interstate 5 (1-5) to Muirlands Boulevard. /�/inya�/hoore Experience I Quality I Commitment EDUCATION B.A., Geology, 1977, LaSalle College Post Graduate Studies, Geology, 1978, San Diego State University PROFESSIONAL REGISTRATIONS PG 3952 (California) CEG 1301 (California) Special Inspector of Deep Foundations, City of San Diego, No. 276 Radiological Safety and Gauge Use Certification, No. 3288-59 EXPERIENCE HIGHLIGHTS Groundwater Recovery Plant Project for South Coast Water District Rehabilitation of the East Aliso Creek Emergency Sewer for South Orange County Water District Evaluation of Rose Canyon fault for Resi- dential Developers Asilomar Landslide Evaluation for the City of Los Angeles Public Works Department Multiple large business and residential developments for private developers PROFESSIONAL MEMBERSHIPS Association of Engineering Geologists South Coast Geological Society JIM BARTON, PG, CEG PROJECT MANAGER Mr. Barton has extensive experience in engineering geology in Southern California in- volving public work improvements, pipelines, business park developments, large commercial structures, major retail centers, education facilities, hospitals, highways and bridges. His experience includes exploration of varied geologic environments to evaluate geologic and seismic hazards. He is well versed in exploration techniques including aeri- al photo interpretation, downhole logging, hollow stem and mud rotary drilling, air percussion, cone penetrometer, monitoring wells, fault trenching, and geophysical sur- veys. He has field construction experience with grading, blasting, landslide buttresses, subsurface drainage systems, ground modification techniques, shoring systems, tie -back anchors, drilled foundations, and as -graded geologic evaluation/mapping. As Senior Ge- ologist for Ninyo & Moore, Mr. Barton manages projects including design investigations, construction observation and testing, and forensic evaluations. REPRESENTATIVE PROJECT EXPERIENCE As -Needed Geotechnical Plan Review Services, Diamond Bar, California: Served as Project Manager providing third party geotechnical consulting and plan review services associated with the proposed construction of residential and school projects located in the City of Diamond Bar. Services included project coordination with the City of Diamond Bar Public Works Department as well as the geotechnical engineer of record for each project, a review of several geotechnical design reports, periodic site visits during con- struction, review of as -built geotechnical reports for the projects, and client consultations. City of Los Angeles, On -Call Geotechnical and Environmental Consulting Ser- vices: Senior Geologist providing for the on-call geotechnical and environmental services contract with the City of Los Angeles Bureau of Engineering, Geotechnical Divi- sion. Our services include geotechnical design, environmental hazardous materials evaluation, and geotechnical construction support services. City of Fontana Community Development Building, Fontana, California: Project Geologist retained to provide geotechnical and geologic subsurface evaluation and ge- otechnical recommendations for the proposed construction of the new Community Development Administration Building (CDAB) and Parking Structure located in Fontana, California. Mr. Barton conducted a site reconnaissance to observe and document surfi- cial conditions and to mark the proposed boring locations for utility clearance; performed a subsurface evaluation and collected soil samples for laboratory testing and analysis; and prepared a report to present our findings, conclusions, and geotechnical recommen- dations pertaining to the design and construction of the proposed building and parking structure foundations. San Clemente Library, San Clemente, California: Project Geologist retained to pro- vide a geotechnical evaluation for the proposed improvements to the existing library at 242 Avenida Del Mar in San Clemente, California. Mr. Barton supervised the subsurface exploration and sampling plan for the site. He supervised the field sampling and testing program including logging of the exploratory excavations and managed the project geotechnical evaluation and provided consultation to client. Huntington Beach Senior Center, City of Huntington Beach, California: Project Ge- ologist retained to provide geotechnical and hazardous materials consulting services to support the preparation of an Environmental Impact Report (EIR) for the proposed Hun- tington Beach Senior Center located west of the intersection of Talbert Avenue and Goldenwest Street in Huntington Beach, California. /1/inya�/�oore Experience I Quality I Commitment LAWRENCE JANSEN, PG, CEG. TECHNICAL ADVISOR -GEOLOGY EDUCATION Mr. Jansen has over 35 years of engineering geology experience in southern Califor- nia involving new construction for public works, commercial, and residential projects. Master of Science, Geological Sciences He also has experience in forensic geologic investigations. His experience includes Bachelor of Science, Geology exploration of geologic structure, groundwater, landslides, slope stability, and fault and seismic hazards. He is well versed in exploration techniques including aerial REGISTRATIONS AND photo interpretation, downhole logging, hollow stem and mud rotary drilling, monitor - CERTIFICATIONS ing wells, fault trenching, and geophysical surveys. He has field construction RG 3841, California experience with grading, blasting, landslide buttresses, subsurface drainage sys- CEG 1198, California tems, shoring systems, tie -back anchors, drilled foundations, and as -graded geologic OSHA 40 -hour Health and Safety Train- evaluation/mapping. As Principal Geologist for Ninyo & Moore, Mr. Jansen supervis- ing es geologic staff, provides technical review of projects, and is active in project management. EXPERIENCE HIGHLIGHTS REPRESENTATIVE PROJECT EXPERIENCE Value Engineering Various Landslide Stabilization Projects Echo Park Lake Rehabilitation Project City of Los Angeles, California: As Prin- Fault and Seismic Hazard Studies cipal Geologist, Mr. Jansen was responsible for project planning, supervision of geologic staff, interpretation of geologic data, consultations with the design team, and Numerous Water Treatment Plants, Pump Stations, Reservoirs and Pipelines technical reviewer of geotechnical reports. Mr. Jansen performed a field reconnais- Projects sance for planning purposes, attended field meetings with City representatives, and Recharge Basins, Levees and Flood was the lead design professional for planning subsurface exploration, including barge Control Projects mounted drilling on the lake. He supervised the field investigation and provided tech - nical review and interpretation of geologic samples. He consulted with engineering Infiltration Studies staff and other design consultants regarding constructability issues, remedial grading, Various Commercial Development Pro- soil improvement techniques and Department of Safety of Dams issues. jects for The Irvine Company Penmar Water Quality Improvement Project, City of Los Angeles: As Principal Resort Development Projects in Baja Cal- Geologist, Mr. Jansen was responsible for project planning, supervision of geologic ifornia and Mainland Mexico staff, interpretation of geologic data, consultations with the design team, and tech - Planned Business Park Developments for nical reviewer of geotechnical reports. He reviewed infiltration data and consulted Mitsui-Fudosan, U.S.A. in Vista and with design team members regarding the feasibility of on-site infiltration and potential Carlsbad, California impacts. He provided geologic and groundwater input to geotechnical engineering Scripps Memorial Hospital Development aspects of the project. Projects in La Jolla, Encinitas, Chula Temescal Canyon Storm Water BMP Project, City of Los Angeles: Served as Prin- Vista, and EI Cajon, California cipal Geologist during the design and construction phases of the project. His services Various Retail Shopping Center Devel- included oversight during project planning, coordination and oversight during drilling opments operations for subsurface evaluation, interpretation of geologic data, and technical re- view of the geotechnical evaluation report for the project. The project included the PROFESSIONAL construction of a new 35 -feet -deep subsurface reservoir tank (1.25 million gallons) in Temescal Canyon Park, a new diversion structure to divert water from an existing storm AFFILIATIONS drain to the tank, new hydrodynamic separators, a new pump station, and associated pipelines. The project included installation of a soil nail shoring wall system for the tank Association of Engineering Geologists excavation. South Coast Geologic Society Machado Lake Ecosystem Rehabilitation Project and Wilmington Drain Multiuse, San Diego Association of Geologists Project, Los Angeles, California: As Principal Geologist, Mr. Jansen was responsi- American Public Works Association ble for project planning, supervision of geologic staff, interpretation of geologic data, consultations with the design team, and technical reviewer of geotechnical reports for the Machado Lake Ecosystem Rehabilitation and Wilmington Drain Multiuse project lo- cated in the Harbor City community of Los Angeles, California. Water quality is a concern in Machado Lake as well as the Wilmington Drain. /�/inya�/�oore Experience I Quality I Commitment EDUCATION Ph.D., Geotechnical Engineering, 1995, Pur- due University M. Eng., Geotechnical Engineering, 1991, Asian Institute of Technology B. Eng., Civil Engineering, 1987, Bengal Engi- neering and Science University REGISTRATIONS AND CERTIFICATIONS PE 58967 (California) GE 2632 (California) OSHA 40 -hour Health and Safety Training EXPERIENCE HIGHLIGHTS Arizona Department of Transportation Projects California Department of Transportation Pro- jects Eastern Transportation Corridor Project in Or- ange County Various Improvement Projects at Los Angeles World Airports Power Development Projects by Siemens En- ergy, Inc., in United States and Abroad Various Improvement Projects at Orange County Sanitation District Groundwater Recovery Plant Project for South Coast Water District NRG EI Segundo Power Redevelopment Pro- ject Multiple Railroad Bridge Rehabilitation Projects for North County Transit District PROFESSIONAL AFFILIATIONS American Society for Civil Engineers American Society for Testing and Materials American Society of Military Engineers Southeast Asian Geotechnical Society SOUMITRA GUHA, PH.D., PE, GE TECHNICAL ADVISOR -GEOTECHNICAL Dr. Guha is a Principal Engineer with Ninyo & Moore with diverse professional experi- ence in geotechnical engineering design, consulting, construction, and regulatory practice. Dr. Guha coordinates and conducts geotechnical evaluations for commercial, industrial and public facilities, including airports, bridges, highways, railroads, levees, public and private buildings, various plants (e.g., water treatment, bio -refining, power), pipelines, reservoirs, retaining structures, and elevated, at -grade and below -grade tanks; provides guidance on various analytical and numerical procedures that are un- dertaken for a project including seismic hazard analyses (e.g., ground motion, liquefaction, dynamic settlement, lateral spread, ground subsidence, landsliding, etc.), site-specific response spectra analyses, slope stability analyses, analyses of soil set- tlement, bearing capacity and earth pressures, assessment of adverse effects of collapsible soil and expansive soil, and development of structural foundation, pave- ment sections and underground pipeline design criteria; provides geotechnical design parameters and recommendations for shallow and deep foundations, temporary and permanent retaining structures, slope stabilization techniques, mechanically stabilized earth (MSE) walls, tieback anchors, soil nails, in-situ ground remediation and earth- work; prepares and reviews geotechnical reports, proposals and transmittals; reviews laboratory test results, project plans and specifications; provides supervision and tech- nical support to project- and staff -level engineers and geologists; conducts quality assurance/quality checks, and performs project administration and management. REPRESENTATIVE PROJECT EXPERIENCE City of Rancho Santa Margarita Plan Review/On-Call Geotechnical Services: Served as Project Engineer for the on-call geotechnical engineering consulting services for various projects in the City of Rancho Santa Margarita. Services included third -party review of geotechnical reports, emergency observation of slope failures resulting from heavy rain events, and geotechnical observation and materials testing services for vari- ous construction projects including numerous pavement rehabilitation projects, pavement slurry seal, and drainage improvements. La Pats Avenue Gap Closure Project, Orange County, California: Technical Advisor for geotechnical and materials testing services during construction of the La Pata Ave. Gap Closure Project in Orange County, California. The project involves widening of 1.8 miles of La Pata Ave. in San Juan Capistrano and extending the roadway 2 miles to Avenida La Pata in San Clemente which will provide an essential link in the local road- way network. Services include observation and testing during 10 million cubic yards of mass grading that will involve removal of landslides and construction of buttresses. Ser- vices also include implementation of a slope monitoring plan to monitor the stability of temporary remedial grading cuts adjacent to SDG&E and SCE transmission lines. The plan includes installation of ten continuously monitored in-place inclinometer systems that are solar powered and transmit data via cellular modem to a web -based monitoring service. Coyote Canyon Lift Station, Newport Beach, California: As a Project Manager, Dr. Guha supervised geotechnical investigation for design and construction of a sewer lift station on the south side of Bonita Canyon Drive at State Route 73, placement of a 15 - inch diameter gravity sewer line and a tie-in connection between existing 8 -inch diame- ter gravity sewer and 12 -inch diameter force main along Bonita Canyon Drive. He evaluated seismically induced hazards to the proposed structures and performed sta- bility evaluation of deep temporary excavations. /'/;aynb:/�uure Experience I Quality I Commitment LARRY LOVETT, PE, QE PRINCIPAL ENGINEER/MATERIALS ENGINEER EDUCATION As a Principal Materials Engineer for Ninyo & Moore, Mr. Lovett conducts investigations MBA, , and analyses for materials testing and inspection projects, directs and guides materials B.S., Civil Engineering engineers, technicians and inspectors in compiling and analyzing materials testing and inspection data, authors and reviews materials testing and inspection reports and pro - vides technical guidance and support to the professional staff. REGISTRATIONS RCE 50994 (California) REPRESENTATIVE PROJECT EXPERIENCE EXPERIENCE HIGHLIGHTS On -Call Geotechnical/Materials Testing and Construction Inspection Services, John Wayne Airport, Orange County, California: Served as QA -QC Manager for on - Investigations and analyses for call geotechnical, materials testing and inspection services for various airport projects at materials testing and inspection projects John Wayne Airport. Project include geotechnical design for the co -generation plant; Pavement Design pavement evaluation for all of the airfield, roadways, and parking lot pavements; terminal building security enhancements and building modifications, and geophysical testing for underground utility locating. On -Call Testing and Inspection Services, City of Fontana, Fontana, California: Served as Forensic Investigator for construction and inspection services for various projects for the City of Fontana including sewer construction, channel improvements, roadway rehabilitation and construction, new building construction, surface drainage evaluations, and third party geotechnical reviews. On -Call Materials Testing Services, San Bernardino, California: Served as Forensic Investigator for as -needed road materials testing services for the County of San Bernardino. Services include on-call support of a variety of transportation construction projects throughout the County of San Bernardino. Our services include roadway rehabilitation/improvement projects that will utilize Caltrans Test Methods for soils and asphalt materials. County of Los Angeles, Department of Public Works Earthquake Recovery Project Various Project Locations Throughout Los Angeles County: Serving as Forensic Investigator providing as -needed geotechnical engineering and construction materials testing and inspection services in support of Earthquake Recovery and Capital Improvement Projects. Services include on-call services in support of a variety of construction projects throughout the County of Los Angeles and neighboring counties. LAC+USC Medical Center, Los Angeles, California: Forensic Investigator for geotechnical and materials testing and inspection services at the LAC+USC Medical Center as part of the Earthquake Recovery Project. St. Francis Intensive Care Facility, Lynwood, California: Project completed in 1998, 12 story structural steel building. Construction cost $80 million. Responsible for all soils, concrete, steel, masonry, precast, inspection and testing. Highlights included new ductile moment frame, "dog bone" design. VA Replacement Facility, Sepulveda Street, Los Angeles, California: Completed in 1996. Construction cost $60 million. Responsibility for all soils, concrete, standard steel, masonry, pre -cast inspection and testing. Project highlights included two, four thousand yard pours for concrete mat foundation (each done in 16 hours). Structural steel fabricated in 4 Western States. /`/inyn&ffioore Experience I Quality I Commitment Professional Soils and Geotechnical Engineering Services September 7, 2016 City of Diamond Bar, California Proposal No. PO4-00967 SCHEDULE OF FEES HOURLY CHARGES FOR PERSONNEL Principal Engineer/Geologist/Environmental Scientist........................................................................................... $ 178 Senior Engineer/Geologist/Environmental Scientist............................................................................................... $ 168 Senior Project Engineer/Geologist/Environmental Scientist...... .................................................................. ......... $ 163 Project Engineer/Geologist/Environmental Scientist.............................................................................................. $ 156 Senior Staff Engineer/Geologist/Environmental Scientist...................................................................................... $ 142 Staff Engineer/Geologist/Environmental Scientist.................................................................................................. $ 126 GISAnalyst............................................................................................................................................................. $ 116 FieldOperations Manager...................................................................................................................................... $ 112 SupervisoryTechnician.......................................................................................................................................... $ 98 Nondestructive Examination Technician, UT, MT, LP........................................................................................... $ 98 ACIConcrete Technician........................................................................................................................................ $ 98 Concrete/Asphalt Batch Plant Inspector................................................................................................................. $ 98 Special Inspector (Concrete, Masonry, Steel, Welding, and Fireproofing).. ......................................................... $ 98 Senior Field/Laboratory Technician........................................................................................................................ $ 92 Field/Laboratory Technician................................................................................................................................... $ 92 Technical Illustrator/CAD Operator......................................................................................................................... $ 92 InformationSpecialist.............................................................................................................................................. $ 78 Geotechnical/Environmental/Laboratory Assistant................................................................................................ $ 76 OTHER CHARGES Concrete Coring Equipment (includes one technician)............................................................................... $ 160 /hr PID/FID Usage.............................................................................................................................................. $ 140 /day Anchor load test equipment (includes technician)....................................................................................... $ 97 /hr HandAuger Equipment................................................................................................................................ $ 65 /day InclinometerUsage...................................................................................................................................... $ 40 /hr VaporEmission Kits...................................................................................................................................... $ 40 /kit Level D Personal Protective Equipment (per person per day).................................................................... $ 30 /p/d Rebar Locator (Pachometer)........................................................................................................................ $ 30 /hr Nuclear Density Gauge Usage..................................................................................................................... $ 15 /hr FieldVehicle Usage...................................................................................................................................... $ 12 /hr Direct Project Expenses....................................................................................................................... Cost plus 15 % Laboratory testing, geophysical equipment, and other special equipment provided upon request. NOTES (Field Services) For field and laboratory technicians and special inspectors, regular hourly rates are charged during normal weekday construction hours. Overtime rates at 1.5 times the regular rates will be charged for work performed outside normal con- struction hours and all day on Saturdays. Rates at twice the regular rates will be charged for all work in excess of 12 hours in one day or on Sundays and holidays. Lead time for any requested service is 24 hours. Field Technician rates are based on a 4 -hour minimum. Special inspection rates are based on a 4 -hour minimum for the first 4 hours and an 8 - hour minimum for hours exceeding 4 hours. Field personnel are charged portal to portal. INVOICES Invoices will be submitted monthly and are due upon receipt. A service charge of 1.0 percent per month may be charged on accounts not paid within 30 days. TERMS AND CONDITIONS The terms and conditions of providing our consulting services include our limitation of liability and indemnities as pre- sented in Ninyo & Moore's Work Authorization and Agreement. C11 '/(/'W#0 Itoore 986 2016 YEARS poi 4uoery se -'c Professional Soils and Geotechnical Engineering Services September 7, 2016 City of Diamond Bar, California Proposal No. PO4-00967 SCHEDULE OF FEES FOR LABORATORY TESTING Laboratory Test, Test Designation, and Price Per Test Soils Concrete Afterberg Limits, D 4318, CT 204.._ ....................... .........._....... $ 160 Compression Tests, 6x12 Cylinder, C 39........................................... $ 25 California Bearing Patio (CBR), D 1883 .................................... $ 485 Concrete Mix Design Review, Job Spec............................................ $ 155 Chloride and Sulfate Content, CT 417 & CT 422 ......................$ 175 Concrete Mix Design, per Trial Batch, 6 cylinder, ACI ....................... $ 825 Consolidation, D 2435, CT 219 ..................................................$ 300 Concrete Cores, Compression (excludes sampling), C 42................ $ 60 Consolidation -Time Rate, D 2435, CT 219- ..... --- ...............$ 75 Drying Shrinkage, C 157 ......... ..... --- ... ...... .... .................................... $ 350 Direct Shear- Remolded, D 3080 .............................................$ 325 Flexural Test, C 78.............................................................................. $ 65 DirectShear-Undisturbed, D3080 ..........................................$ 275 Flexural Test, .C293............................................................ ............... ,$ 60 Durability Index, CT 229............................................................. $ 165 Flexural Test, CT 523.......................................................................... $ 80 Expansion Index, D 4829, IBC 18-3 ..........................................$ 180 Gunite/Shotcrete, Panels, 3 cut cores per panel and test, ACI......... $ 275 Expansion Potential (Method A), D 4546 ..................................$ 160 Jobsite Testing Laboratory.................................................................. Quote Geofabric Tensile and Elongation Test, D 4632 ........................ $ 180 Lightweight Concrete Fill, Compression, C 495................................. $ 45 Hydraulic Conductivity, D 5084- .......... .............. ............... $ 330 Petrographic Analysis, C 856 .............................................................. $ 1,900 Hydrometer Analysis, D 422, CT 203 ........................................$ 220 Restrained Expansion of Shrinkage Compensation ...............-........ $ 270 Moisture, Ash, & Organic Matter of Peat/Organic Soils ............ $ 120 Splitting Tensile Strength, C 496 ........................................................ $ 90 Moisture Only, D 2216, CT 226 .................................................$ 35 3x6 Grout, (CLSM). C 39.................................................................... $ 45 Moisture and Density, D 2937 ...................................................$ 45 2x2x2 Non -Shrink Grout, C 109...--- ............ ............... ....,.............. . $ 45 Permeability, CH, D 2434, CT 220 ...... .......... .............. ............. $ 255 pH and Resistivity, CT 643 ........................................................$ 175 Asphalt concrete Proctor Density D 1557, D 698, CT 216, &_ ..............................$ 200 Air Voids, T 269 ... .... --- .... --............................................. ................. $ 50 AASHTO T-180 (Rock corrections add $100) Asphalt Mix Design, Caltrans (excl. Aggregate Quality) .................... $ 2,800 R -value, D 2844, CT 301...........................................................$ 295 Asphalt Mix Design Review, Job Spec ........... ...... -- .......... ................ $ 165 Sand Equivalent, D 2419, CT 217 .............................................$ 110 Dust Proportioning, CT LP -4 ............................................. --- ........... $ 50 Sieve Analysis, D 422, CT 202 ..................................................$ 130 Extraction, % Asphalt, including Gradation, D 2172, CT 382............ $ 240 Sieve Analysis, 200 Wash, D 1140, CT 202 .............................$ 100 Film Stripping, CT 302........................................................................ $ 110 Specific Gravity, D 854- ..... -... --- ... .... ...... ..... - ........... .......... $ 100 Hveem Stability and Unit Weight D 1560, T 246, CT 366 .................. $ 215 Thermal Resistivity (ASTM 5334, IEEE 442) .............. - ........... $ 880 Marshall Stability, Flow and Unit Weight, T 245.-.- .... -.................... $ 240 Tnaxial Shear, CO, D4767, T 297 ............................................$ 430 Maximum Theoretical Unit Weight, D 2041, CT 309.......................... $ 150 Triaxial Shear, C.U., w/pore pressure, D 4767, T 2297 per pt..$ 365 Moisture Content, CT 370---.............................................................. $ 85 Triaxial Shear, C.U., w/o pore pressure, D 4767, T 2297 per pt.. $ 210 Moisture Susceptibility and Tensile Stress Ratio, T 238, CT 371...... $ 1,000 Triaxial Shear, U.U., D 2850 ......................................................$ 155 Slurry Wet Track Abrasion, D 3910 .................................. --.............. $ 150 Unconfined Compression, D 2166, T 208 ..................-,............$ 120 SuperPave, Asphalt Mix Verification (incl. Aggregate Quality) .......- $ 5,200 Wax Density, D 1188.................................................................$ 100 SuperPave, Gyratory Unit Wt., T 312 ................................................. $ 75 SuperPave, Hamburg Wheel, 20,000 passes, T 324 ........................ $ 1,000 Masonry Unit Weight sample or core, D 2726, CT 308 ......... - .......................... $ 100 Brick Absorption, 24-hour submersion, C 67 .............................$ 50 Voids in Mineral Aggregate, (VMA) CT LP- .................... --- ........... $ 50 Brick Absorption, 5 -hour boiling, C 67 .......................................$ 60 Voids filled with Asphalt, (VFA) CT LP -3 ............................... ......... - $ 50 Brick Absorption, 7 -day, C 67 - .............................$ 65 Brick Compression Test, C67 ...................................... - ........... $ 50 Aggregates Brick Efflorescence, C 67...........................................................$ 50 Clay Lumps and Friable Particles, C 142 ............................. ..._......... $ 160 Brick Modulus of Rupture, C 67 .................................................$ 45 Cleanness Value, CT227..-....-...................................................... $ 160 Brick Moisture as received, C 67 ...............................................$ 40 Crashed Particles, CT 205.................................................................. $ 165 Brick Saturation Coefficient, C 67 .... --............ -- ......................$ 55 Durability, Coarse or Fine, CT 229..................................................... $ 195 Concrete Block Compression Test, 8x8xl6, C 140 ..................$ 65 Fine Aggregate Angularity,. ASTM C 1252, T 304, CT 234................ $ 180 Concrete Block Conformance Package, C 90 ..........................$ 485 Flat and Elongated Particle, D 4791................................................... $ 220 Concrete Block Linear Shrinkage, C 426 ..................................$ 135 Lightweight Particles, C 123................................................................ $ 180 Concrete Block Unit Weight and Absorption, C 140- ............... $ 60 Los Angeles Abrasion, C 131 or C 535.............................................. $ 200 Cores, Compression or Shear Bond, CA Code- ......................$ 60 Material Finer than No. 200 Sieve by Washing, C 117...................... $ 75 Masonry Grout, 3x3x6 prism compression, C 39 $ 35 Organic Impurities, C 40 .................................. -- ............. .................. $ 80 Masonry Mortar, 2x4 cylinder compression, C 109 ...................$ 35 Potential Alkali Reactivity, Mortar Bar Method, Coarse, C 1260........ $ 950 Masonry Prism, half size, compression, C 1019 .......................$ 120 Potential Alkali Reactivity, Mortar Bar Method, Fine, C 1260............ $ 1,250 Masonry Prism, Full size, compression, C 1019 .......................$ 185 Potential Reactivity of Aggregate (Chemical Method), C 289............ $ 450 Send Equivalent, T 176, CT 217...... ............. ...................................... $ 110 Reinforcing and Structural Steel Sieve Analysis, Coarse Aggregate, T 27, C 136 ................ ......... .... -$ 115 Chemical Analysis, A 36, A 615 .................................................$ 135 Sieve Analysis, Fine Aggregate (including wash), T 27, C 136......... $ 130 Fireproofing Density Test, UBC 7-6 ...........................................$ 60 Sodium Sulfate Soundness, C 88 ...................... ......................... ...--$ 450 Hardness Test, Rockwell, A 370 ................................................$ 70 Specific Gravity and Absorption, Coarse, C 127, CT 206.................. $ 100 High Strength Bolt, Nut & Washer Conformance, Specific Gravity and Absorption, Fine, C 128, CT 207 ....................... $ 160 per assembly, A 325..............................................................$ 130 Mechanically Spliced Reinforcing Tensile Test, ACI .................$ 150 Roofing Pre -Stress Strand (7 wire), A 416 ..............................................$ 170 Roofing Tile Absorption, (set of 5), C 6Z...::.::.,.......................:.......... $ 210 Reinforcing Tensile or Bend up to No. 11, A 615 & A 706....... $ 55 Roofing Tile Strength Test, (set of 5), C 67 ....,.-- ............ --- ............ $ 210 Structural Steel Tensile Test: Up to 200,000 lbs. (machining extra),A370..........................................................$ 80 Welded Reinforcing Tensile Test: Up to No. 11 bars, Act ........ $ 60 Special preparation of standard test specimens will be charged at the technician's hourly rate. Nmyo & Moore is accredited to perform the AASHTO equivalent of many ASTM test procedures C11 Cie! ryinynaMgore o8G - 2016 .RS CONSULTING SERVICES AGREEMENT Design THIS AGREEMENT (the "Agreement") is made as of October 4, 2016 by and between the City of Diamond Bar, a municipal corporation ("City") and Willdan Geotechnical, a California corporation ("Consultant"). 1. Consultant's Services. Subject to the terms and conditions set forth in this Agreement Consultant shall provide to the reasonable satisfaction of the City the services set forth in the attached Exhibit "A", which is incorporated herein by this reference. As a material inducement to the City to enter into this Agreement, Consultant represents and warrants that it has thoroughly investigated the work and fully understands the difficulties and restrictions in performing the work. Consultant represents that it is fully qualified to perform such consulting services by virtue of its experience and the training, education and expertise of its principals and employees. Kimberly Young, (herein referred to as the "City's Project Manager"), shall be the person to whom the Consultant will report for the performance of services hereunder. It is understood that Consultant shall coordinate its services hereunder with the City's Project Manager to the extent required by the City's Project Manager, and that all performances required hereunder by Consultant shall be performed to the satisfaction of the City's Project Manager and the City Manager 2. Term of Agreement. This Agreement shall take effect October 18, 2016, and shall continue until October 18, 2019 unless earlier terminated pursuant to the provisions herein. 3. Compensation. City agrees to compensate Consultant for each service which Consultant performs to the satisfaction of City in compliance with the scope of services set forth in Exhibit "A". Payment will be made only after submission of proper invoices in the form specified by City. 4. Payment. A. As scheduled services are completed, Consultant shall submit to City an invoice for the services completed, authorized expenses and authorized extra work actually performed or incurred. B. All such invoices shall state the basis for the amount invoiced, including services completed, the number of hours spent and any extra work performed. C. City will pay Consultant the amount properly invoiced within 35 days of receipt, but may withhold 5% of any invoice until all work is completed, which sum shall be paid within 35 days of completion of the work and receipt of all deliverables. D. Payment shall constitute payment in full for all services, authorized costs and authorized extra work covered by that invoice. 5. Change Orders. No payment for extra services caused by a change in the scope or complexity of work, or for any other reason, shall be made unless and until such extra services and a price therefore have been previously authorized in writing and approved by the City Manager or his designee as an amendment to this Agreement. The amendment shall set forth the changes of work, extension of time, if any, and adjustment of the fee to be paid by City to Consultant. 6. Priority of Documents. In the event of any inconsistency between the provisions of this Agreement and any attached exhibits, the provisions of this Agreement shall control. 7. Status as Independent Contractor. A. Consultant is, and shall at all times remain as to City, a wholly independent contractor. Consultant shall have no power to incur any debt, obligation, or liability on behalf of City or otherwise act on behalf of City as an agent. Neither City nor any of its agents shall have control over the conduct of Consultant or any of Consultant's employees, except as set forth in this Agreement. Consultant shall not, at any time, or in any manner, represent that it or any of its agents or employees are in any manner agents or employees of City. B. Consultant agrees to pay all required taxes on amounts paid to Consultant under this Agreement, and to indemnify and hold City harmless from any and all taxes, assessments, penalties, and interest asserted against City by reason of the independent contractor relationship created by this Agreement. In the event that City is audited by any Federal or State agency regarding the independent contractor status of Consultant and the audit in any way fails to sustain the validity of a wholly independent contractor relationship between City and Consultant, then Consultant agrees to reimburse City for all costs, including accounting and attorney's fees, arising out of such audit and any appeals relating thereto. C. Consultant shall fully comply with Workers' Compensation laws regarding Consultant and Consultant's employees. Consultant further agrees to indemnify and hold City harmless from any failure of Consultant to comply with applicable Worker's Compensation laws. D. Consultant shall, at Consultant's sole cost and expense fully secure and comply with all federal, state and local governmental permit or licensing requirements, including but not limited to the City of Diamond Bar, South Coast Air Quality Management District, and California Air Resources Board. E. In addition to any other remedies it may have, City shall have the right to offset against the amount of any fees due to Consultant under this Agreement any amount due to City from Consultant as a result of Consultant's failure to promptly pay to City any reimbursement or indemnification required by this Agreement or for any amount or penalty levied against the City for Consultant's failure to comply with this Section. 8. Standard of Performance. Consultant shall perform all work at the standard of care and skill ordinarily exercised by members of the profession under similar conditions and represents that it and any subcontractors it may engage, possess any and all licenses which are required to perform the work contemplated by this Agreement and shall maintain all appropriate licenses during the performance of the work. 9. Indemnification. Consultant shall indemnify, defend with counsel approved by City, and hold harmless City, its officers, officials, employees and volunteers ("Indemnitees") from and against all liability, loss, damage, expense, cost (including without limitation reasonable attorneys' fees, expert fees and all other costs and fees of litigation) of every nature arising out of or in connection with: (1) Any and all claims under Worker's Compensation acts and other employee benefit acts with respect to Consultant's employees or Consultant's contractor's employees arising out of Consultant's work under this Agreement; and (2) Any and all claims arising out of Consultant's performance of work hereunder or its failure to comply with any of its obligations contained in this Agreement, regardless of City's passive negligence, but excepting such loss or damage which is caused by the sole active negligence or willful misconduct of the City. Should City in its sole discretion find Consultant's legal counsel unacceptable, then Consultant shall reimburse the City its costs of defense, including without limitation reasonable attorneys' fees, expert fees and all other costs and fees of litigation. The Consultant shall promptly pay any final judgment rendered against the Indemnitees. It is expressly understood and agreed that the foregoing provisions are intended to be as broad and inclusive as is permitted by the law of the State of California and will survive termination of this Agreement. Except for the Indemnitees, this Agreement shall not be construed to extend to any third party indemnification rights of any kind. (3) To the fullest extent permitted by law, Consultant agrees to indemnify and hold Indemnitees entirely harmless from all liability arising out of any claim, loss, injury to or death of persons or damage to property caused by the negligent professional act or omission in the performance of professional services pursuant to this Agreement. 10. Insurance. A. Consultant shall at all times during the term of this Agreement carry, maintain, and keep in full force and effect, with an insurance company authorized to do business in the State of California and approved by the City the following insurance: (1) a policy or policies of broad -form comprehensive general liability insurance written on an occurrence basis with minimum limits of $1,000,000.00 combined single limit coverage against any injury, death, loss or damage as a result of wrongful or negligent acts by Consultant, its officers, employees, agents, and independent contractors in performance of services under this Agreement; (2) property damage insurance with a minimum limit of $500,000.00 per occurrence; (3) automotive liability insurance written on an occurrence basis covering all owned, non -owned and hired automobiles, with minimum combined single limits coverage of $1,000,000.00; (4) Worker's Compensation insurance when required by law, with a minimum limit of $500,000.00 or the amount required by law, whichever is greater; and (5) Professional liability insurance covering errors and omissions arising out of the performance of this Agreement with a combined single limit of $1,000,000. If such insurance is on a claims made basis, Consultant agrees to keep such insurance in full force and effect for at least five years after termination or date of completion of this Agreement. B. The City, its officers, employees, agents, and volunteers shall be named as additional insureds on the policies as to comprehensive general liability, property damage, and automotive liability. The policies as to comprehensive general liability, property damage, and automobile liability shall provide that they are primary, and that any insurance maintained by the City shall be excess insurance only. C. All insurance policies shall provide that the insurance coverage shall not be non -renewed, canceled, reduced, or otherwise modified (except through the addition of additional insureds to the policy) by the insurance carrier without the insurance carrier giving City ten (10) day's prior written notice thereof. Consultant agrees that it will not cancel, reduce or otherwise modify the insurance coverage and in the event of any of the same by the insurer to immediately notify the City. D. All policies of insurance shall cover the obligations of Consultant pursuant to the terms of this Agreement and except for professional liability insurance, shall be issued by an insurance company which is authorized to do business in the State of California or which is approved in writing by the City; and shall be placed have a current A.M. Best's rating of no less than A-, VII. In the case of professional liability insurance, such coverage shall be issued by companies either licensed or admitted to conduct business in the State of California so long as such insurers possesses the aforementioned Best's rating. E. Consultant shall submit to City (1) insurance certificates indicating compliance with the minimum insurance requirements above, and (2) insurance policy endorsements or a copy of the insurance policy evidencing the additional insured requirements in this Agreement, in a form acceptable to the City. F. Self -Insured Retention/Deductibles. All policies required by this Agreement shall allow City, as additional insured, to satisfy the self-insured retention ("SIR") and/or deductible of the policy in lieu of the Consultant (as the named insured) should Consultant fail to pay the SIR or deductible requirements. The amount of the SIR or deductible shall be subject to the approval of the City. Consultant understands and agrees that satisfaction of this requirement is an express condition precedent to the effectiveness of this Agreement. Failure by Consultant as primary insured to pay its SIR or deductible constitutes a material breach of this Agreement. Should City pay the SIR or deductible on Consultant's due to such failure in order to secure defense and indemnification as an additional insured under the policy, City may include such amounts as damages in any action against Consultant for breach of this Agreement in addition to any other damages incurred by City due to the breach. G. Subrogation. With respect to any Workers' Compensation Insurance or Employer's Liability Insurance, the insurer shall waive all rights of subrogation and contribution it may have against the Indemnitees. H. Failure to Maintain Insurance, If Contractor fails to keep the insurance required under this Agreement in full force and effect, City may take out the necessary insurance and any premiums paid, plus 10% administrative overhead, shall be paid by Consultant, which amounts may be deducted from any payments due Consultant. I. Consultant shall include all subcontractors, if any, as insureds under its policies or shall furnish separate certificates and endorsements for each subcontractor to the City for review and approval. All insurance for subcontractors shall be subject to all of the requirements stated herein. 11. Confidentiality. Consultant in the course of its duties may have access to confidential data of City, private individuals, or employees of the City. Consultant covenants that all data, documents, discussion, or other information developed or received by Consultant or provided for performance of this Agreement are deemed confidential and shall not be disclosed by Consultant without written authorization by City. City shall grant such authorization if disclosure is required by law. All City data shall be returned to City upon the termination of this Agreement. Consultant's covenant under this section shall survive the termination of this Agreement. Notwithstanding the foregoing, to the extent Consultant prepares reports of a proprietary nature specifically for and in connection with certain projects, the City shall not, except with Consultant's prior written consent, use the same for other unrelated projects. 12. Ownership of Materials. Except as specifically provided in this Agreement, all materials provided by Consultant in the performance of this Agreement shall be and remain the property of City without restriction or limitation upon its use or dissemination by City. Consultant may, however, make and retain such copies of said documents and materials as Consultant may desire. 13. Maintenance and Inspection of Records. In accordance with generally accepted accounting principles, Consultant and its subcontractors shall maintain reasonably full and complete books, documents, papers, accounting records, and other information (collectively, the "records") pertaining to the costs of and completion of services performed under this Agreement. The City and any of their authorized representatives shall have access to and the right to audit and reproduce any of Consultant's records regarding the services provided under this Agreement. Consultant shall maintain all such records for a period of at least three (3) years after termination or completion of this Agreement. Consultant agrees to make available all such records for inspection or audit at its offices during normal business hours and upon three (3) days' notice from the City, and copies thereof shall be furnished if requested. 14. Conflict of Interest. A. Consultant covenants that it presently has no interest and shall not acquire any interest, direct or indirect, which may be affected by the services to be performed by Consultant under this Agreement, or which would conflict in any manner with the performance of its services hereunder. Consultant further covenants that, in performance of this Agreement, no person having any such interest shall be employed by it. Furthermore, Consultant shall avoid the appearance of having any interest which would conflict in any manner with the performance of its services pursuant to this Agreement. B. Consultant covenants not to give or receive any compensation, monetary or otherwise, to or from the ultimate vendor(s) of hardware or software to City as a result of the performance of this Agreement. Consultant's covenant under this section shall survive the termination of this Agreement. 15. Termination. The City may terminate this Agreement with or without cause upon fifteen (15) days' written notice to Consultant. The effective date of termination shall be upon the date specified in the notice of termination, or, in the event no date is specified, upon the fifteenth (15th) day following delivery of the notice. In the event of such termination, City agrees to pay Consultant for services satisfactorily rendered prior to the effective date of termination. Immediately upon receiving written notice of termination, Consultant shall discontinue performing services, unless the notice provides otherwise, except those services reasonably necessary to effectuate the termination. The City shall be not liable for any claim of lost profits. 16. Personnel/Designated Person. Consultant represents that it has, or will secure at its own expense, all personnel required to perform the services under this Agreement. All of the services required under this Agreement will be performed by Consultant or under it supervision, and all personnel engaged in the work shall be qualified to perform such services. 17. Non -Discrimination and Equal Employment Opportunity. A. Consultant shall not discriminate as to race, color, creed, religion, sex, marital status, national origin, ancestry, age, physical or mental handicap, medical condition, or sexual orientation, in the performance of its services and duties pursuant to this Agreement, and will comply with all rules and regulations of City relating thereto. Such nondiscrimination shall include but not be limited to the following: employment, upgrading, demotion, transfers, recruitment or recruitment advertising; layoff or termination, rates of pay or other forms of compensation; and selection for training, including apprenticeship. B. Consultant will, in all solicitations or advertisements for employees placed by or on behalf of Consultant state either that it is an equal opportunity employer or that all qualified applicants will receive consideration for employment without regard to race, color, creed, religion, sex, marital status, national origin, ancestry, age, physical or mental handicap, medical condition, or sexual orientation. C. Consultant will cause the foregoing provisions to be inserted in all subcontracts for any work covered by this Agreement except contracts or subcontracts for standard commercial supplies or raw materials. 18. Reserved. 19. Time of Completion. Consultant agrees to commence the work provided for in this Agreement within (5) days of being notified by the City to proceed and to diligently prosecute completion of the work within the timeframe designated per task or as may otherwise be agreed to by and between the Project Manager and the Consultant. 20. Time Is of the Essence. Time is of the essence in this Agreement. Consultant shall do all things necessary and incidental to the prosecution of Consultant's work. 21. Delays and Extensions of Time. Consultant's sole remedy for delays outside its control shall be an extension of time. No matter what the cause of the delay, Consultant must document any delay and request an extension of time in writing at the time of the delay to the satisfaction of City. Any extensions granted shall be limited to the length of the delay outside Consultant's control. If Consultant believes that delays caused by the City will cause it to incur additional costs, it must specify, in writing, why the delay has caused additional costs to be incurred and the exact amount of such cost within 10 days of the time the delay occurs. No additional costs can be paid that exceed the not to exceed amount absent a written amendment to this Agreement. In no event shall the Consultant be entitled to any claim for lost profits due to any delay, whether caused by the City or due to some other cause. 22. Assignment. Consultant shall not assign or transfer any interest in this Agreement nor the performance of any of Consultant's obligations hereunder, without the prior written consent of City, and any attempt by Consultant to so assign this Agreement or any rights, duties, or obligations arising hereunder shall be void and of no effect. 23. Compliance with Laws. Consultant shall comply with all applicable laws, ordinances, codes and regulations of the federal, state, and local governments. 24. Non -Waiver of Terms, Rights and Remedies. Waiver by either party of any one or more of the conditions of performance under this Agreement shall not be a waiver of any other condition of performance under this Agreement. In no event shall the making by City of any payment to Consultant constitute or be construed as a waiver by City of any breach of covenant, or any default which may then exist on the part of Consultant, and the making of any such payment by City shall in no way impair or prejudice any right or remedy available to City with regard to such breach or default. 25. Attorney's Fees. In the event that either party to this Agreement shall commence any legal or equitable action or proceeding to enforce or interpret the provisions of this Agreement, the prevailing party in such action or proceeding shall be entitled to recover its costs of suit, including reasonable attorney's fees and costs, including costs of expert witnesses and consultants. 26. Mediation. Any dispute or controversy arising under this Agreement, or in connection with any of the terms and conditions hereof, which cannot be resolved by the parties, may be referred by the parties hereto for mediation. A third party, neutral mediation service shall be selected, as agreed upon by the parties and the costs and expenses thereof shall be borne equally by the parties hereto. The parties agree to utilize their good faith efforts to resolve any such dispute or controversy so submitted to mediation. It is specifically understood and agreed by the parties hereto that mutual good faith efforts to resolve the same any dispute or controversy as provided herein, shall be a condition precedent to the institution of any action or proceeding, whether at law or in equity with respect to any such dispute or controversy. 27. Notices. Any notices, bills, invoices, or reports required by this Agreement shall be deemed received on (a) the day of delivery if delivered by hand during regular business hours or by facsimile before or during regular business hours; or (b) on the third business day following deposit in the United States mail, postage prepaid, to the addresses heretofore set forth in the Agreement, or to such other addresses as the parties may, from time to time, designate in writing pursuant to the provisions of this section. "CONSULTANT" Willdan Goetechnical 1515 South Sunkist Street, Suite E Anaheim CA 92806 Attn.: Ross Khiabani, P.E., G.E. Phone: 714-634-3318 E -Mail: rkhiabaniAwilldan.com "CITY" City of Diamond Bar 21810 Copley Drive Diamond Bar, CA 91765-4178 Attn.: David G. Liu, P.E. Phone: 909-839-7040 E-mail: dliu@diamondbarca.gov 29. Governing Law. This Agreement shall be interpreted, construed and enforced in accordance with the laws of the State of California. 30. 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. 31. Entire Agreement. This Agreement, and any other documents incorporated herein by reference, represent the entire and integrated agreement between Consultant and City. This Agreement supersedes all prior oral or written negotiations, representations or agreements. This Agreement may not be amended, nor any provision or breach hereof waived, except in a writing signed by the parties which expressly refers to this Agreement. Amendments on behalf of the City will only be valid if signed by a person duly authorized to do so under the City's Purchasing Ordinance. IN WITNESS of this Agreement, the parties have executed this Agreement as of the date first written above. "Consultant" WILLDAN GEOTECHNICAL By: Printed N Title: By: Printed Name: Title: Approved as to form. M David A. DeBerry, City Attorney "City" CITY OF DIAMOND BAR in Nancy A. Lyons, Mayor ATTEST: Tommye A. Cribbins, City Clerk 'NOTE: If Consultant is a corporation, the City requires the following signature(s): (1) the Chairman of the Board, the President or a Vice -President, AND (2) the Secretary, the Chief Financial Officer, the Treasurer, an Assistant Secretary or an Assistant Treasurer. If only one corporate officer exists or one corporate officer holds more than one corporate office, please so indicate. OR The corporate officer named in a corporate resolution as authorized to enter into this Agreement. A copy of the corporate resolution, certified by the Secretary close in time to the execution of the Agreement, must be provided to the City. NA/WILLDAN extending your Geotechnical reach September 7, 2016 Mr. John Beshay, M.S., Associate Engineer City of Diamond Bar, Department of Public Works 21810 Copley Drive Diamond Bar, CA 91765-4177 Subject: Proposal for Professional Soils and Geotechnical Engineering Services City of Diamond Bat, California Willdan Geotechnical Proposal No. 16-123 Dear Mr. Beshay, Willdan Geotechnical, a division of Willdan Engineering, is pleased to submit this proposal to provide the City of Diamond Bar (City) for the requested professional soils and geotechnical engineering services. We understand that it is the City's intent to retain multiple qualified engineering firms to provide the City with geotechnical engineering services and augment the City's professional capabilities. Willdan has the resources, staff, and experience to meet the City's needs, as we have satisfactorily performed similar services for the City since 2003. Our firm's strengths include the following: Strong Project Manager: Mr. Ross Khiabani has more than 35 years of experience providing professional geotechnical engineering, material testing and inspection services for a wide variety of projects including schools and colleges, commercial, industrial, ports and harbors, public works, and transportation for public and private agencies. Unmatched Expertise: We have a team of seasoned, qualified and certified professionals to provide and successfully perform the requested services. Full Service Testing Facilities: We maintain a full service soils and material testing laboratory in Anaheim close to the city of Diamond Bar. Our laboratory is certified and/or accredited by Division of State Architect (DSA), the City of Los Angeles, AASHTO Materials Reference Laboratory (AMRL), and Caltrans. We appreciate the opportunity to submit this proposal. Willdan Geotechnical has the right team with the right experience to provide the requested services to the City. We will be happy to further discuss our qualifications and proposal with you. If you have any questions, please contact the undersigned at (657) 221-2715 or via email at rkhiabani tgwilldan.com. Respectfully submitted, WIL�LDAN GEOTECHN AL 1 I- /t-- Om CL Ross Khiabani, PE, GE Director of Geotechnical and Material Testing Services Distribution: Addressee (4 hard copy sets) Engineering I Geotechnical I Environmental I Sustainability I Financial I Homeland Security Phone: 714.634.3318 1 Fax: 714.634.3372 11515 South Sunkist Street, Suite E, Anaheim, CA 92806 1 vmy.willdan.com City of Diamond Bar Proposal for Professional Soils and Geotechnical Engineering Services 1. FIRM'S BACKGROUND AND EXPERIENCE Willdan Geotechnical is a division of Willdan Engineering, which in turn is a wholly-owned subsidiary of Willdan Group, Inc., a publicly traded California Corporation. Through its six operating divisions, Willdan provides consulting services in engineering, energy, geotechnical, environmental restoration, financial planning, and homeland security. Willdan has provided professional municipal consulting services to cities and counties since 1964. Willdan developed its geotechnical division in 1999, which became a separate corporate entity, Arroyo Geotechnical, in 2001 and was then renamed Willdan Geotechnical in 2009 to reflect the integrated nature of all of Willdan's operating divisions. Willdan Geotechnical has a dedicated, full-time staff of nine geotechnical engineers, geologists, and field and laboratory technicians. We also have a pool of qualified independent construction specialty inspectors and technicians. Our staff has extensive experience throughout Los Angeles, Orange, Riverside, San Bernardino, and Ventura counties, and is particularly familiar with local geologic and geotechnical conditions in Orange County. Over the years, Willdan Geotechnical (Willdan) has successfully assisted our clients in completing projects in the areas of: Geotechnical Engineering • Subsurface exploration • Shallow and deep foundation • Settlement analysis • Slope stability evaluation • Earth retaining structures • Ground improvements and soil stabilization • Earthwork construction observation and testing • Earthquake Engineering • Dynamic soil behavior • Ground motion study • Seismic hazard evaluation and mitigation • Performance evaluation of slopes and retaining walls • Rehabilitation of exiting foundation Engineering Geology • Geologic mapping • Fault investigation • Landslide investigation and repair • Slope erosion investigation and stabilization • Dewatering analysis • Pump test assessment Material Testing and Inspection • Reinforced concrete • Pre -stressed concrete • Shotcrete/Gunite • Reinforced masonry • Structural steel welding • Fireproofing • Batch plant inspection Willdan Geotechnical maintains a full-service soils and material testing laboratory. Our laboratory is certified by the California Department of Transportation, Division of State Architect, the City of Los Angles and AASHTO Materials Reference Laboratory (AMRL). We also participate in the AASHTO Materials Reference Laboratory (AMRL), Cement and Concrete Reference Laboratory (CCRL), and Caltrans Proficiency Programs. Willdan's Anaheim location at 1515 South Sunkist Street in the City of Anaheim in Orange County is close to the City of Diamond Bar. Positioned 15 miles from the City Hall, Willdan's proximity and our past experience serving the City for over 15 years assures the City of Diamond Bar a local team that is familiar with Diamond Bar's communities. These two factors enable Willdan to offer the City a responsive, locally - knowledgeable team that can fulfill the needs of the City. City of Diamond Bar Proposal for Professional Soils and Geotechnical Engineering Services 2. PROPOSED PROJECT TEAM'S BACKGROUND AND EXPERIENCE Mr. Ross Khiabani, PE, GE, Director of Geotechnical Services of Willdan, will serve as the Project Manager and Geotechnical Engineering Lead for Willdan's geotechnical consultant services for the City's projects. Mr. Khiabani is a licensed geotechnical engineer in California with more than 35 years of experience and has been a major contributor to all of the projects listed in the References/Similar Projects section below. Mr. Khiabani has diversified geotechnical experience involving soil mechanics and foundation engineering, soil stabilization, landslide analysis and stabilization, settlement evaluations, liquefaction studies, temporary and permanent slope stability analyses, onshore and offshore exploration, laboratory testing, and construction support services. He has been an integral team member on a wide variety of projects ranging from commercial, industrial, residential, institutional, ports and harbors, public works, transportation including major bridges, local roads, freeways and toll roads and water and waste water facilities. This broad base of experience has given him unique insight into local geotechnical and seismic conditions, and construction processes. Mr. Khiabani has managed projects with budgets ranging from $10,000 to over $1 million. He has reviewed many geotechnical engineering and geologic reports and provided consultations for several cities in Orange County. He has also managed geotechnical and material testing and inspection services during construction of many projects. Mr. Khiabani maintains close communication with local, city, county, and state reviewers and is extremely familiar with governing codes and requirements. Mr. Khiabani will be primarily supported by Mr. Mohsen Rahimian, PE, GE, who will serve as the Sr. Project Engineer, and Ms. Wendy Drummond, PG, CEG, as the Project Geologist. Mr. Rahimian has more than 25 years of experience providing geotechnical engineering and materials testing services. Ms. Drummond has over 20 years of experience in the field of engineering geology in the western United States. She has performed numerous detailed investigations of landslides, active and potentially active faults, as well as distress investigations and seismicity studies. This team is supported by additional professionals to fulfill the required services under this proposal. We have carefully assembled a team of seasoned professionals to provide Geotechnical consultant services for the project. The resumes and certifications of the Willdan Geotechnical project team are provided in Appendix A of this proposal. Also our Fee Schedule and Rates for all personnel and field and laboratory testing is included in Appendix B. 3. APPROACH AND METHODOLOGY To accomplish the Scope of Services and satisfy the requirements of the projects, we will adopt work plans described as follows. 3.1. Review and Plan Check Services We will perform the following tasks: 1. Review geotechnical and engineering geology reports and plans submitted by developer's soils engineers and/or engineering geologist using City established policies and procedures and within City timeframes. 2. Prepare review comments and conditions of approval. 3. Review responses to review comments provided by the developer's geotechnical consultant and work with developer's soils engineer to resolve issues generated by review comments. City of Diamond Bar Proposal for Professional Soils and Geotechnical Engineering Services 4. Attend meetings with developers, builders, engineers, and consultants in a timely manner to resolve issues generated during the report review process or during construction. Review soils reports submitted by the developer's geotechnical consultant for proposed changes during grading. Provide technical support to the City for geotechnical engineering and geologic related issues on an as - needed basis. 5. Provide grading inspection services on an as -needed basis to ensure compliance with City approved plans and standards. Technical Approach: The reason that review services are necessary is to check the submittals for adequacy with respect to geotechnical and geologic conditions and to ensure all developments are in conformance with applicable City, State and Federal laws, comply with the governing codes, and are in conformance with City Design Manuals and City Standard Plans. As applicable, we will perform our work in general accordance with the following: • Most recently adopted Uniform Building Code and California Building Code • Seismic Hazards Mapping Act and Alquist-Priolo Earthquake Fault Zoning Act • California Geological Survey (CGS) Notes: ✓ Note 41 - Guidelines for Reviewing Geologic Reports ✓ Note 48 - Checklists for the Review of Geologic/Seismic Reports for California Public Schools, Hospitals, and Essential Services Buildings ✓ Note 49 - Guidelines for Evaluating the Hazard of Surface Fault Rupture • California Division of Mines and Geology Special Publication 117, Guidelines for Evaluating and Mitigating Seismic Hazards in California • Southern California Earthquake Center, Recommended Procedures for Implementation of DMG Special Publication 117, Guidelines for Analyzing and Mitigating Liquefaction in California ASTM guidelines relating to geology and geotechnical work have to do with laboratory testing and field procedures. All applicable ASTM guidelines will be enforced. • State Mining and Geology Board, General Guidelines for Reviewing Geological Reports • Orange County Highway Design Manual • Orange County Flood Control Design Manual 3.2. Investigation Services Data Gathering: The following will be performed for this task: Site Visit. We will have a site visit to observe the topography and visualize the proposed improvements at the project site. At the site, we will conduct limited surfrcial geologic mapping to collect preliminary soil type information that may be useful in our evaluation. Research and Review: The goal of this task is to collect existing relevant subsurface information that is available for the area. The information includes geologic maps by the California Geologic Survey (formerly the California Division of Mines and Geology) and USGS, and boring logs/Log-of-Test- Borings sheets for the existing structures to determine soil type and strength, groundwater depth and any unusual subsurface conditions that may impact this project. The collected information and all documents provided by the County will be reviewed and used in our project planning. Field Exploration: The objective of this task is to document observations of subsurface conditions and collect subsurface soil samples for laboratory testing. Prior to conducting the field exploration, a geotechnical exploratory plan that reflects location and type of borings will be developed and submitted for the County review. The proposed Boring Location Map will City of Diamond Bar Proposal for Professional Soils and Geotechnical Engineering Services be used to apply for encroachment permits. After the geotechnical exploratory plan is approved, we will locate borings at the site and notify Underground Service Alert. We will drill enough soil exploratory borings spaced at intervals required by the Manual for Preparation of Geotechnical Reports or as specified by the County Geotechnical and Materials Engineering Division staff. Boring depths will be deep enough to provide sufficient information of influencing parameters. The soil data will be adequate to address foundation design, slope stability, and constructability as well as to address geologic/seismic hazard issues. Exploration will also be adequate to provide sufficient information for grading, paving, and for design of minor structures associated with the roadways. If borings require lane closure on the street, we will provide traffic control during the field exploration and follow the lane closure requirements specified by the County. After completion of exploratory drilling, logging, and sampling operations, boreholes will be backfilled with drilling cuttings and asphalt patched at the ground surface where pavements are penetrated. Laboratory Testing: The field boring logs will be reviewed and analyzed to select representative bulk and ring samples for laboratory testing. Results of the laboratory tests will be used for engineering analyses to develop design and construction recommendations for the proposed improvements. The following soil tests are envisioned for a typical project: • In-place moisture content and dry density determination tests for each undisturbed sample. • Atterberg Limits tests for plasticity determination and soil classification. • Sieve analyses for grain size distribution and soil classification. • Direct shear tests on undisturbed samples and, if appropriate, on remolded samples to determine the shear strength of the materials. • Consolidation tests to determine the compressibility of the materials. • Expansion Index tests to determine the expansion potential of soils. • Compaction tests for use in preparing earthwork recommendations. • Stabilometer (R -value) tests for use in developing paving recommendations. • Corrosion tests to determine corrosion potential of the soils.. All tests will be conducted in accordance with Caltrans Test Methods or American Society of Testing and Materials (ASTM) Standards or Caltrans test mrthods (CTM). Geotechnical Engineering Analyses: Results obtained from the field exploration and laboratory tests will be used to develop idealized subsurface profiles and define soil parameters for seismic study and geotechnical design. The seismic study will include the following items: • Active faults and peak bedrock accelerations in accordance to CBC. • Acceleration response spectra (ARS) curves in accordance to Caltrans procedure. • Faults rupture evaluation. • Liquefaction evaluation, including recommendations for mitigation. • Geotechnical design will be performed based on the approved preliminary plans. The following analyses are anticipated for a typical project: • Determination of soil conditions. • Determination of axial/bearing and lateral capacities for foundations. • Lateral earth pressures. • Static and pseudo -static slope stability. • Evaluation of dynamic and static settlement. City of Diamond Bar Proposal for Professional Soils and Geotechnical Engineering Services Evaluation of pavement structural sections. Corrosion potential of on-site soil and recommendations for the buried utilities and drainage devices. Recommendations on earthwork. Report Preparation: We will provide a geotechnical report to meet the requirements of submittals. The geotechnical report will include: • Results of the subsurface explorations and laboratory tests, with a description of the soil or bedrock and groundwater conditions encountered. • Recommendations for design of foundations to be used for support of the proposed structure, including allowable increases for wind or seismic loads. • Estimated settlements for the anticipated loadings. • Results of seismic assessment. • Recommendations regarding lateral resistance of foundations, including moment versus depth for pile foundations at allowable and ultimate capacity. • Recommendations for design of retaining walls. • Recommendations for earthwork, including site preparation, excavation, and the placing of any required compacted fill. • Recommendations for design of asphalt and Portland cement concrete paving. • Results of the corrosion study. The following graphics will be included in the reports: • A vicinity map showing the location of the site. • A plot plan showing the project limits and the boring locations. • Description of the field exploration, including field testing procedures and laboratory testing procedures. • A log of the exploratory boring depicting, the changes encountered in the soil strata by elevation and depth below ground surface together with a description and classification of each soil stratum. The depth to ground water will also be indicated. • Results of the CPTs, and/or SPTs. • Plots and tables presenting the results of the laboratory tests. • Review of Construction Plans and Specifications We will provide review of the construction plans and specification for conformance of the recommendations presented in the geotechnical report. 3.3. Material Testing Services We will perform the following tasks for material testing services during construction: Testing Services • Attend preconstruction meeting. • Review project plans and specifications. • Provide a qualified technician, as needed, during concrete placement to: Test fresh concrete including fabrication of specimens for strength, slump, and temperature determination V Cast cylinders for later transport, curing, and compression testing in Willdan's materials testing laboratory. (Concrete placement inspection, mix verification will be done by an ICC Certified concrete inspector as discussed under the "Deputy Inspection Services" header below.) City of Diamond Bar Proposal for Professional Soils and Geotechnical Engineering Services • Report/provide update of on-going compression testing of concrete/mortar/grout cylinders/prisms (i.e., 7 -day and `off -schedule" breaks). • Report completed laboratory tests, including 28 -day break results for concrete cylinders. • Provide a qualified soil technician to observe and test earthworks and compaction. • Provide a qualified technician for AC batch plant inspection and/or AC placement. Deputy Inspection Services • Review project plans and specifications. • Attend preconstruction meeting. • Provide a certified reinforced concrete inspector during construction of all structural concrete elements, including all column footings. The inspector will monitor, inspect, and test, as -needed, the placement of reinforcing steel, concrete, and epoxy/anchor for compliance with the plans and specifications. The inspector will monitor the placement and QC of concrete, provide verification, and direct as -needed sampling and testing by a Willdan technician. • Provide a certified concrete inspector for batch plant inspection, verification, and sampling, as needed, during Portland Cement Concrete production. • Provide a certified masonry inspector to monitor and inspect placement of CMU block. Inspector will verify that all masonry units are placed per approved plans and specifications, and applicable building code requirements. Observe the mixing and placement of mortar and placement of grout. Observe the placement of embeds, bond beams and reinforcing steel for compliance with the plans and specifications. Sample and test mortar and grout for compressive strength. • Provide a certified structural steel welding and high strength bolting inspector to observe all phases of structural steel assembly/ construction. Review welder and material certifications prior to field welding. Observe and/or test all bolted and welded connections per approved plans/specifications and applicable building code requirements. • Provide a certified commercial building inspector, for periodic inspection of lumber material verification, plywood shear wall nailing, plywood roof sheathing / nailing and seismic hardware installation for compliance per approved plans, specifications and applicable building code requirements. City of Diamond Bar Proposal for Professional Soils and Geotechnical Engineering Services 4.. REFERENCES FOR SiMII AR PROJECTS Project Name Newport Blvd. Water Main Replacement, Via Oporto/28th/26th/19th Project Location City of Newport Beach, CA Willdan Staff Ross Khiabani, Project Management Contract Value $62,000 Year of Completion 2016 Client's Name City of Newport Beach, Public Works Department Client Contact Mr. Mike Sinacori, Public Works Director Project Description/ Willdan Geotechnical Provided all geotechnical and material engineering, Type of Work special inspection, and testing services during the replacement of water mains along Newport Boulevard and many laterals. Our scope of work included observation and testing of new trench bottoms, shoring, pipe placement and backfill operation, sand bedding, trench zone, and paving of entire width of street, including the trenches. Additional provided engineering recommendations for pipe jacking at major crossings. Willdan also provided special inspection during pipe welding operation. Similarity to City of Geotechnical and material engineering and testing for infrastructures. Diamond Bar's Projects Project Name Industrial Area Streets Rehabilitation Project Location La Mirada, California Willdan Staff Mohsen Rahimian, Project Manager Contract Value $38,790 Year of Completion 2016 Client's Name City of La Mirada Client Contact Mr. Gary Sanui, 562.902.2373 Project Description/ Willdan Geotechnical performed geotechnical and materials testing and Type of Work inspection services for rehabilitation of the streets within the industrial area bounded by Freeway I-5, Valley View Avenue and Stage Road in the City of La Mirada, California. The project involved mill and overlay, reconstruction of pavement section including CAB and AC layers, as well as cold central plant recycling (CCPR) and overlay. Similarity to City of Geotechnical and materials testing and inspection for street rehabilitation Diamond Bar's project. Projects FJM City of Diamond Bar Proposal for Professional Soils and Geotechnical Engineering Services Project Name City of Calabasas On -Call Services Project Location Calabasas, CA Willdan Staff Ross Khiabani, Project Management Contract Value Various Year of Completion On-going Client's Name City of Calabasas Client Contact Mr. Robert Yalda, Public Works Director, 818-224-1670 Ms. Tatiana Holden, Associate Engineer, 818-224-1689 Project Description/ Willdan Geotechnical provides review of geotechnical and engineering geology Type of Work reports and plans submitted by developer's soils engineers and/or engineering geologist using City established policies and procedures and within City timeframes. Prepare review comments and conditions of approval. Review responses to review comments provided by the developer's geotechnical consultant and work with developer's soils engineer to resolve issues generated by review comments. Attend meetings with developers, builders, engineers, and consultants in a timely manner to resolve issues generated during the report review process or during construction. Review soils reports submitted by the developer's geotechnical consultant for proposed changes during grading. Provide technical support to the City for geotechnical engineering and geologic related issues on an as -needed basis. Provide grading inspection services on an as -needed basis to ensure compliance with City approved plans and standards. Similarity to City of Reviewing and recommending approval on various geotechnical, engineering Diamond Bar's geology and environmental reports, and grading plans. Projects 5. CLIENT REFERENCES Mr. Henry Ngo, Sr. Engineer, Capital Project Division 14177 Frederick Street, Moreno Valley, CA 92552 951-413-3106 Mr. Marcus Fuller, Director of Public Works 3200 E. Tahquitz Canyon Way, Palm Springs, CA 92262 760-322-8380 Mr. Rafael Fajardo, City Engineer 8838 E. Valley Boulevard, Rosemead, CA 91770 626-569-2151 6. STATEMENTS By submitting this proposal, we acknowledge the following; Acceptable Terms and Conditions: It is to confine that we have reviewed and accept all terms and conditions and of this request for proposal. Staff Availability: Hereby, we confirm that we are committed and will have all our staff available to provide the required services. City of Diamond Bar Proposal for Professional Soils and Geotechnical Engineering Services APPENDIX A RESUMES AND CERTIFICATIONS OF KEY PERSONNEL Education MS, Geotechnical Engineering, California State University, Long Beach Geology, Pahlavi University, Iran Registration Professional Civil Engineer, California, No. 37156 Professional Geotechnical Engineer, California, No. 2202 Professional Civil Engineer, Nevada, No. 11256 Professional Civil Engineer, Arizona, No. 27068 Affiliations The Society ofAmerican Military Engineers American Society of Civil Engineers, Geotechnical Group Consulting Engineers and Land Surveyors of California Geotechnical Engineers Association American Public Works Association Council of Civil Engineers and Land Surveyors 32 Years Experience VVO'W I LLDAN Geotechnical Ross Khiabani, PE, GE Vice President/Director (Role: Project Manager) Mr. Ross Khiabani, our Principal -in -Charge, has more than 30 years of professional experience in performing diversified geotechnical assignments involving soil mechanics and foundation engineering, soil stabilization, landslide analysis and stabilization, settlement evaluations, liquefaction studies, slope stability analyses, laboratory testing, and inspection services during construction operations. His vast experience includes providing engineering services for commercial, industrial, institutional, ports and harbors, public works, transportation (including major bridges, local roads, freeways and toll roads) and water and wastewater facilities projects. This broad base of experience has given him a unique insight into local geotechnicat and seismic conditions, and construction processes. Mr. Khiabani has kept in close communication with local, city, county, and state reviewers and is familiar with governing codes and requirements. Relevant Project Experience Cities of Placentia, La Mirada, Calabasas, Highland, Inglewood, Maywood,. Pomona, Rosemead, Santa Monica, Torrance, and West Covina. Oversight and Report Review for geotechnical investigations and construction phase material testing services being provided by other vendors for public infrastructureand private commercial/residential developments. City of Irvine & Metrolink.— Jeffrey Road Grade Separation, Irvine, CA. Coordinated all geotechnical testing and investigation services for new railroad under -crossing. Provided design input and review for design of foundations to mitigate the potential impact of liquefaction on the proposed structures. CIP On -Call Projects, City of Arcadia. Comprehensive Geotechnical Review services for residential and commercial developments throughout Arcadia. Los Angeles County Metropolitan Transportation Authority — Orange Line Extension, Los Angeles, CA. Provide QA/QC for geotechnical engineering investigation and design services as part of the design -build team for design and construction of four miles of dedicated busway, three stations, park and ride facilities, and associated structures including two bridges, and 3,000 feet of back-to-back MSE walls forming the approach embankments to a bridge. Los Angeles Unified School District, Los Angeles, CA. Principal Project Reviewer for geotechnical design studies for 30+ new school sites and classroom additions at high schools, middle and elementary schools. On -Call Geotechnical Design Services, Port of Los Angeles, San Pedro, CA. Project Manager for Willdan's 4 -year contract to provide geotechnical design services in support of POLA's On -Call Engineering/Architectural Consulting Services Program. Tasks included retaining structures for berths, canopy structures, various port buildings, pavement rehabilitation, earthwork for backlands, boat maintenance cradles, storm drain improvements, and review of geotechnical reports submitted to POLA by others. Worked closely with POLA staff on all tasks to develop the most cost-effective and efficient solutions. i&e'WILLDAN Geotechnical Ross Khiabani, PE, GE (Cont'd) City of Los Angeles — Vermont Avenue Bridge Widening over US 101, Los Angeles, CA. Provide internal QA/QC forgeotechnical engineering services being provided for widening of the Vermont Avenue Bridge where it crosses US 101, northwest of downtown Los Angeles. Coordinate geotechnical efforts with the civil and structural engineers. City of Laguna Hills — Aliso Creek Sound Walls, Laguna Hills, CA. Provided geotechnical engineering investigation and design services for a series of sound walls to shield the backyards of residential properties situated on top of a slope adjacent to the I-5 freeway. In addition to design services, also assessed constructability issues. King Kong Attraction, NBC Studios, Studio City, CA. Project Manager and geotechnical engineer -of -record for new attraction at NBC Studios. Project requires extensive excavation and shoring structures, and retaining wall systems for elaborate above ground structure housing this attraction. Orange Coast Community College, Newport Learning Center, Newport Beach, CA. Providing geotechnical engineering, materials testing and inspection services for construction of the Newport Learning Center, a 3 story type B -B building with 112,795 ASF, associated site development including a large bio -filtering facility, and parking/driveway areas. Services consist of geotechnical observation and testing during remedial grading,over-excavation, mass grading, foundation excavations and utility trench backfill. Testing and Inspection services also include Special Inspection for poured -in-place caissons and 138 soil anchors/tiebacks necessitated by the load demand imposed by a special design element — outward leaning external walls. New City Hall, Laguna Niguel, CA. QA/QC lead for material testing. and special inspection services being provided by Willdan. Work includes testing and inspection for concrete, steel, welding, and masonry for the new City Hall. Charnock Well Field Restoration Project, Arcadia and Charnock Sites, City of Santa Monica, CA. Project manager for geotechnical and material testing and inspection for a design -build project consisting of multiple filtration systems and the associated pumping and chemical feed systems, including a structure to house the reverse osmosis system. Fire Station No. 48, Seal Beach, CA. Provided all geotechnical investigation, design, and construction testing and inspection services for design and construction of the facility. Sanitary Sewer Line Relocation, Riverside, CA. Provided geotechnical engineering services to study alternate alignments for major sanitary sewer pipeline that needed to be relocated for construction of the county courthouse. Garvey Bridge Widening, Rosemead, CA. Provided geotechnical engineering, materials testing and inspection services for construction of the Garvey Bridge widening. The services included pile driving and abutment construction, utility trench backfills, and concrete sampling and testing. Moulton/La Paz Interchange, Orange County, CA. Project Reviewer for all geotechnical aspects of the project. Monitored, coordinated and reviewed different stages of field investigation, laboratory testing, analysis, and final report preparation. The emphasis of review was to provide quality control and technical input and ensure compliance to project specifications and Caltrans requirements. Home - Board for Professional Eaginem, Land Surveyors, and Geologists Page 1 of 1 License Search for Professional Engineers and Land Surveyors Licensee Name: KHIABANI ROSS Menu I censu I uee�uvco I rm.. I u.. to �1 1�V ■� Y &.ad Puy PVS... c+d Erp Q. Lar"Swwqur, mmGf k< 51z neur c.w,� - June 30, 2018 1'.nwa*N5 LICOME9 NWOUKl7 R\LIUAQL7 04" 3EN41013 License Search for Professional Engineers and Land Surveyors Licensee Name: KHIABANI ROSS License Type: CIVIL ENGINEER License Number: 37156 License Status: CLEAR Definition Expiration Date: June 30, 2018 Address: 28772 WALNUT GROVE City: MISSION VIEJO State: CA Zip: 92692 County: ORANGE Actions: No Licensee Name: KHIABANI ROSS License Type: GEOTECHNICAL ENGINEER License Number: 2202 License Status: CLEAR Definition Expiration Date: June 30, 2018 Address: 28772 WALNUT GROVE City: MISSION VIEJO State: CA Zip: 92692 County: ORANGE Actions: No Public Record Action(s) This information is updated Monday through Friday - Last updated: FEB -18-2015 Disclaimer All information provided by the Department of Consumer Affairs on this web page, and on its other web pages and internet sites, is made available to provide immediate access for the convenience of interested persons. While the Department believes the information to be reliable, human or mechanical error remains a possibility, as does delay in the posting or updating of information. Therefore, the Department makes no guarantee as to the accuracy, completeness, timeliness, currency, or correct sequencing of the information. Neither the Department, nor any of the sources of the information, shall be responsible for any errors or omissions, or for the use or results obtained from the use of this information. Other specific cautionary notices may be included on other web pages maintained by the Department. All access to and use of this web page and any other web page or internet site of the Department is governed by the Disclaimers and Conditions for Access and Use as set forth at California Department of Consumer Affairs' Disclaimer Information and Use Information. Education MS, Civil Engineering, Tehran University, Tehran, Iran Registration Civil Engineer, California, No. C73396 Geotechnical Engineer, California, No. 3059 Affiliation American Society of Civil Engineers, Geotechnical Group 25 Years Experience i&O"WILLDAN Geotechnical Mohsen Rahimian, PE, GE Sr. Project Engineer (Role: Geotechnical Engineering Lead) Mr. Mohsen Rahimian has more than 25 years of experience with geotechnical engineering, investigation, design and construction. He has worked on a wide spectrum of public and private projects. Mr. Rahimian has substantial experience in performing diversified geotechnical assignments including shallow and deep foundation design; settlement evaluations, liquefaction studies, slope stability analyses, pavement design, and laboratory testing. and inspection services during construction. Project Experience Proposed Improvements at Soccer Field, Santa Ana College, Santa Ana, CA. Performed as Project Engineer for conducting geotechnical investigation, field and laboratory testing, and performing geotechnical analyses and calculation to provide geotechnical recommendations for design and construction of new improvements at soccer field area, including one and two- story buildings, new bleachers, new flag pole foundations, and relevant flatworks and paved areas. Provided recommendations for grading, building pad preparation, foundation design, pavement design, flatworks subgrade preparation, temporary excavations, and trench backfilling. Proposed New Classroom Buildings at Palos Verdes High School, Palos Verdes Estates, CA. As the project engineer conducted field geotechnical investigation, field and laboratory testing, and performed geotechnical analyses and calculation to provide geotechnical recommendations for design and construction of four one-story modular classroom buildings. Proposed New Dental Building at Riverside Community College, Moreno Valley Campus, Riverside, CA. As the project engineer conducted field geotechnical investigation, field and laboratory testing, and performed geotechnical analyses and calculation to provide geotechnical recommendations for design and construction of four one-story modular buildings, and relevant flatworks and pavement improvements. Reviewed the final grading and foundation plans of the project. Proposed New Cafeteria at Redondo Union High School, Redondo Beach, CA. Conducted geotechnical investigation, field and laboratory testing, and performed geotechnical analyses and calculation to provide geotechnical recommendations for design and construction of a new one-story structure with 11,400 square feet footprint at grade, and relevant flatworks and pavement improvements. Campus Renovation and New Developments at Jordan High School, Long Beach, CA. Provided geotechnical engineering supports for the project design team. Performed static and seismic settlement analyses, provided geotechnical recommendations for mat and pile foundations design and retaining walls. Two -Story Modular Building at Hawthorne High School, Hawthorne, CA. Provided geotechnical recommendations for soil improvements using lime treatment and stone columns methods. **&/WILLDAN Geotechnical Mohsen Rahimian, PE, GE (Cont'd) Roadside Drive Bridge Widening over Medea Creek, Agoura Hills, CA. As the Geotechnical Engineer of the project design team, prepared the Final Foundation Report in accordance with the Caltrans requirements and specifications. Also provided geotechnical recommendations for design and construction of the bridge approach roads. South China Lake Blvd. Improvements, Ridgecrest,. CA. Geotechnical Engineer for pavement rehabilitation/replacement and improvement of a section of the boulevard between Bowman Road and Upjohn Avenue. Evaluated the existing pavement conditions, conducted field investigation and laboratory testing, and provided recommendations for various alternatives of pavement rehabilitation including remove and replace (R&R), cold in-place recycling (CIR), full depth rehabilitation (FDR), and mill and overlay. Rehabilitation of S. Michillinda and Montecito Avenues, Sierra Madre, CA. As the project Geotechnical Engineer, planned and conducted field investigation and laboratory testing, and provided geotechnical recommendations for rehabilitation/replacement of the existing pavement. Firmona Avenue Storm Drain, Lawndale, CA. As the Project Engineer provided geotechnical inspection and testing services for construction of the storm drain within the FirmonaAvenue. EI Toro Road Improvements — Phase 2, Laguna Woods, CA. As the Project Manager/Engineer performed investigation and review services for providing Independent Assurance (IA) Testing for the project. Civic Center Exterior Site Improvements, Moreno Valley, CA. As the Project Manager/Engineer provide geotechnical and material inspection and testing services for construction of the project. Interdisciplinary Complex, Orange Coast College, Costa Mesa, CA. Project Engineer for geotechnical and material testing/inspection services during construction of the project. Quality control of the inspection/testing activities including field inspection, field/laboratory testing, material review, reports, etc. LAUSD, Redondo Beach USD, Palos Verdes USD, and LACCD, CA. Provided engineering services for geotechnical and construction material inspection and testing for various schools and colleges within the districts. Worked with the project team to prepare the close-out documents, including DSA -291 and DSA -293. Home - Board for Proffimooal EiWwffi , Lard 5mveym, and Geologisk Pace 1 of 1 Ail�dGenl ir+ PW".uW EN i. Lard S , M y CANN HERS LICENNES NPLICAM Fl1rICATINEW OhLW IFRO"S License Search fa Professional Engineers and Land Surveyors Licensee Name: RAHIMIAN MOHSEN License Type: CIVIL ENGINEER License Number: 73396 License Status: CLEAR Definition Expiration Date: December 31, 2016 Address: 2025 CREEKWOOD LN City: UPLAND State: CA Zip: 91784 County: SAN BERNARDINO Actions: No Licensee Name: RAHIMIAN MOHSEN License Type: GEOTECHNICAL ENGINEER License Number: 3059 License Status: CLEAR Definition Expiration Date: December 31, 2016 Address: 2025 CREEKWOOD LANE City: UPLAND State: CA Zip: 91784 County: SAN BERNARDINO Actions: No Public Record Action(s) This information is updated Monday through Friday - Last updated: FEB -18-2015 Disclaimer All information provided by the Department of Consumer Affairs on this web page, and on its other web pages and internet sites, is made available to provide immediate access for the convenience of interested persons. While the Department believes the information to be reliable, human or mechanical error remains a possibility, as does delay in the posting or updating of information. Therefore, the Department makes no guarantee as to the accuracy, completeness, timeliness, currency, or correct sequencing of the information. Neither the Department, nor any of the sources of the information, shall be responsible for any errors or omissions, or for the use or results obtained from the use of this information. Other specific cautionary notices may be included on other web pages maintained by the Department. All access to and use of this web page and any other web page or internet site of the Department is governed by the Disclaimers and Conditions for Access and Use as set forth at California Department of Consumer Affairs' Disclairner Information and Use Information. Education BSc, Geology University of Waikato, Hamilton, New Zealand Registration Certified Engineering Geologist, California CEG 2049 Professional Geologist, PG 6610 Affiliations AEG —Association of Engineering Geologists (OjTzcer, 1997 to 2000) AWG —Association for Women Geoscientists (Officer, 1997) GSA— Geologic Society of America SCGS—South Coast Geologic Society 12 Years Experience VVP'WILLDAN Geotechnical Wendy Drummond PG, CEG Project Geologist (Role: Engineering Geology) Ms. Wendy Drummond has over 12 years of experience in the field of engineering geology in the western United States. Her work includes the investigation of geologic and seismic hazards, slope stability evaluations, and forensic geology (distressed structures and slope failures). Ms. Drummond has performed numerous detailed investigations of landslides, active and potentially active faults, as well as distress investigations and seismicity studies. Typical projects include the preparation of geologic maps, site characterization, landslide identification, evaluation of recency, frequency and amount of fault rupture, earthquake hazard assessment, slope stability evaluation, and recommendations for mitigation measures. Ms. Drummond has conducted projects involving numerous methods of surface and subsurface investigation including bucket auger, hollow stem auger, air rotary, mud rotary, trenching, sampling, surface geophysics, well installation and percolation, pump, and draw -down testing. Project Experience Transportation Corridor South, Orange and San Diego Counties, CA. Geologist and field coordinator for 25 -kilometer segment of the proposed project. The proposed alignment of the toll road traversed rugged terrain with significant slope stability hazards. The investigation included detailed geologic. mapping, air photograph interpretation, drilling of over 70 hollow stem auger borings and down -hole logging of more than 80 bucket auger borings to depths up to approximately 145 feet and seismic refraction surveys for rippability evaluation. State Route 74, Riverside County, CA. Geologist for a roadway repair project where the investigation involved geologic mapping of slopes containing damaged welded wire walls, detailed mapping and joint analysis of rock slopes and drilling of continuous -core borings. The project involved design of remedial measures to restore the roadway and decrease the potential for future failures. Remedial measures included design of a mesh drape and flexible barrier system for rock slopes and Reno mattress construction on embankments. Three Arch Bay Storm Drain Project, Laguna Beach, CA. Geologic investigation for proposed storm drain tunnel excavation within the coastal bluffs. The project involved geologic mapping and fault orientation study of the bluffs, evaluation of erosion potential resulting from the storm drain outfall and subsurface investigation including bucket auger borings, geoprobes and CPI's. Caribbean Drive Landslide, Dana Point, CA. Geologic investigation of active landslide. The project included geologic mapping, drilling and downhole logging of the landslide mass, evaluation of causative factors and determination of appropriate remediation measures. Commercial Development, Las Vegas, NV. proposed 250 -acre commercial development. photographs, literature review and detailed lineaments. Geologic hazard and lineament study for a The project included interpretation of aerial logging of trenches excavated across the 312&2015 Home- Board for Professional Engineers, Land Surveyors, and Geologists About Us I Contact Us I Licensee Lookup I Forms I Lam Board for Professwnal Engineers. Land Surveyors. Search Itz 1`1/ .G'O / and Geologists This see CalifoCaliforniaCaliforniaoCONSUMERS LICENSEES APPLICANTS PUBLICATIONS ONLINE SERVICES License Search for Professional Geologists and Geophysicists Licensee Name: DRUMMOND WENDYA. License Type: GEOLOGIST License Number: 6610 License Status: CLEAR Definition Expiration Date: August 31, 2017 Issue Data: December 05, 1996 Address: 24153 MADEIRA LANE City: MURRIETA State: CA Zip: 92562 County: RIVERSIDE Actions: No Licensee Name: DRUMMOND WENDY A License Type: ENGINEERING GEOLOGIST License Number: 2049 License Status: CLEAR Definition Expiration Date: August 31, 2017 Issue Data: June 04,1997 Address: 24153 MADEIRA LANE City: MURRIETA State: CA Zip: 92562 County: RIVERSIDE Actions: No This Information Is updated Monday through Friday -Last updated: AUG -25-2015 Dischbner All Information provided by the Department ofConsumerAbahs on this web page, and on its olherweb pages and intemetsdes, is made available to provide immediate access for the convenienceofinkrestedpersons. While the Departoent believes Me information to be reliable, human ormechanical enorremains a possibility, as does delayin the posting orupdating ofinformabon. Therefore, rhe Department makes no guarantee as to the accuracy, cempletenes; timeliness, currency, orcerrect wquer cdng ofMe information. Neither the Department, noranyofMe sources ofMe infommation, shall be responsible foranyenorsoromissions, orlorthe use orresults obtained born the use ofthis information. Other specific cautionarynotces maybe included on oMer web pages maintained by Me Department. All access to and use oftis web page and any other web page orintemet site of Me Departhentis govemedbyte Disclaimers and Conditions forAccess and Use as setforth at California Depam hent of ConsumerAbaia' Disclaimer Informab'on and Use Iniormation. Education PhD Geotechnical/ Mining Engineering McGill University, Canada MSc, Geomechanics University of Waterloo, Canada MSc, Rock Mechanics and Structural Geology Tehran University, Iran BSc, Engineering Geology Isfahan University, Iran Licenses & Certifications California Registered Geologist, PG No. 9280 Nuclear Moisture/Density Gauge Operation Certificate in Geo - Electric Methods OSHA 40 -Hour Health and Safety Training Affiliations American Society of Civil Engineers International Societyfor Soil Mechanics and Geotechnical Engineering International Engineering Geology Association 15 Years Experience VVO'WILLDAN Geotechnical Afshin Mantegh, Ph.D., P.G Sr. Staff Engineer/Geologist (Role: Field Exploration & Geology) Dr. Afshin Mantegh has more than fifteen years of professional experience and a broad background in geotechnical and geological engineering. He specializes in liquefaction evaluation, geotechnical earthquake engineering for soil and rock slopes, and evaluation of geotechnical hazards. Dr. Mantegh has extensive geotechnical work experience. His projects include a mix of institutional, public works, commercial, industrial, transportation, recreational, and water and wastewater facilities. Dr. Mantegh has done slope stability and liquefaction analyses, foundation engineering studies, landslide hazard zonation, field explorations, laboratory testing, and geotechnical services during construction. Project Experience Sound Wall, West Los Angeles College, Culver City, CA. Performed field exploration, laboratory testing as well as settlement, lateral resistance and earth pressures analyses. Prepared a geotechnical investigation report presenting recommendations for earthwork, seismic design parameters, foundations, slabs on grade,. surface drainage and pavements. Thermal Energy Storage Facility, West Los Angeles College, Culver City, CA. Performed field exploration, laboratory testing,analysis of field and laboratory data and prepared a final report presenting recommendations for site preparation, seismic design parameters, grading and foundation design, slab on grade. Proposed Loading Dock, Culver City, CA. Conducted field exploration, laboratory testing, analyses of settlement, lateral resistance, and earth pressures, and prepared geotechnical report presenting recommendations for earthwork, seismic design parameters, foundations, slabs -on - grade, surface drainage, and pavements. Dry Well Construction, Ball Park Field, Morongo Rodeo Park, Banning, CA. Performed geotechnical investigation and prepared a report presenting the evaluation of the site conditions and the percolation rate of the subsurface. of approximately 450,000 square feet. Temporary Excavation for Hydrocarbon Contaminated Soils, Carson, CA.. Investigated the subsurface soil conditions, analyzed the slope stability and established a recommended temporary excavation slope and set back from the existing walls and structure along the property lines. 3/2/2016 Home- Board for Professional Engineers, Land Surveyors, and Geologists About Us I Contact Us I Licensee Lookup I Forms I Laws o^r +n aC.Ae:.s Board for Professional Engineers, Land Surveyors, Search 0-170V and Geologists This Site Californiaia CONSUMERS LICENSEES APPLICANTS PUBLICATIONS ONLINE SERVICES License Search for Professional Geologists and Geophysicists Licensee Name: MANTEGH AFSHIN License Type: GEOLOGIST License Number: 9280 License Status: CLEARDefinition Expiration Date: October 31, 2016 Issue Date: June 03, 2015 Address: 5 SANTA CLARA STREET City: ALISO VIEJO State: CA Zip: 92656 County: ORANGE Actions: No Related Licenses/Registrations/Permits No records returned Public Record Action(s) This Information Is updated Monday through Friday - Last updated: MAR -01-2016 Disclaimer All information provided by the Department of Consumer Affairs on this web page, and on its other web pages and intemetsites, is made available to provide immediate access for the convenience ofinterested persons. While the Depetnent believes the information to be reliable, human ormechanical emorremains a possibilily, as does delay in the posting or updating of information. Therefore, the Department makes no guarantee as to the accuracy, completeness, timeliness, currency, orcorrectsequencing of Me information. Neither Me Department, norany of Me sources ofthe information, shall be responsible forany errors or omissions, or for the use orresults obtained from the use of this information. Other specific cautionary notices may be included on other web pages maintained by the Department All access to and use ofthis web page and any otherweb page or internal site of the Department is governed by the Disclaimers and Conditions forAccess and Use as set forth at Califemla Department of Consumer Affairs' Disclaimer Infomialmn and Use Information. Back http://www2.dca.ca.gov/pis/wllpub/WLLQRYNASLCEV2.QueryVm?P_LICENSE_N UMBER=9280&P_LTE_ID=687 1/1 Education B.S., Civil Engineering, Mapua Institute of Technology, Manila, Philippines Geotechnical Lab Testing, Short. Course, University of Missouri, Rolla, Registrations/Certifications Certified in Soils Laboratory Testing, Caltrans Construction Management, Inspection & Testing, for Transportation Projects, Caltrans Sponsored Certification Program Nuclear Gauge Operator, CPN International, Inc. Certified Soil Technician, California Geotechnical Engineers Association �WILLDAN Geotechnical Ramon Calbay Laboratory Manager (Role: Material Laboratory Testing) Mr. Ramon Calbay has more than 37 years of experience with soils and materials selection, design, testing and quality control. Mr. Calbay has led the soils and materials testing programs for multiple highway and bridge construction projects. In addition, he has extensive experience of providing field observation and testing for pile installation, soil stabilization, settlement monitoring and mass grading operations. Mr. Calbay has also been involved in the design and control of asphalt and concrete mixes, and production of road bases and filter mixes. Mr. Calbay has more than 25 years experience in managing a full-service geotechnical testing laboratory. Work History 2012 — date 1987-2012 1984-1987 1982-1984 1982-1982 1981-1982 1978-1981 Willdan Geotechnical, Anaheim, CA Kling Consulting Group, Inc. (formerly Zeiser Kling Consultants), Irvine, CA Geotechnical Laboratory Manager/ Supervisory Technician Laboratory Manager Schaefer Dixon & Associates, Santa Ana, Laboratory and Field Technician CA Geowest Consultants, Costa Mesa, CA Rockwin Corporation, Santa Fe Springs, CA Tech Enterprises, Inc., Anaheim, CA CDCP International, Hong Kong Laboratory and Field Technician / Inspector In -plant Quality Control Inspector Construction Inspector Materials Engineer 37 Years Experience 1974-1978 Construction & Development Corp. of the Staff Engineer Philippines, Manila Project Experience Reagan Street pavement inspection, Plant Inspection, Los Alamitos, CA, (2013) La Brea Avenue Pavement Reconstruction -Phase 2, from 104th Street to Hillcrest.. Boulevard, City of Inglewood, CA (2013), Observation during subgrade preparation and aggregate base placement, monitor the AC compaction using a nuclear gauge. AT&T Aboveground Storage Tank (AST), Anaheim, CA (2013), Observation and testing of subgrade preparation process. Sewer Pipeline Replacement- Citywide (Phase HI -Group 2),. City of Pomona, CA. (2013) Observation and compaction testing of trench bottom, bedding material, trench zone backfill, and pavement section. Sewer Line Replacement Project, Orange CA. (2013), observation and compaction testing of subgrade and base course A/WILLDAN Geotechnical Ramon Calbay (Cont'd) Orange Coast Interdisciplinary Complex Phase 1, 2701 Fairview Road, City of Costa Mesa, CA (2013). Observation and testing during clearing & grubbing, over -excavation, grading, building pad certification, foundation excavation, site utility trench backfilling, subgrade preparation for walkways, courtyard, and paving areas Pepper Avenue Extension Project, Rialto, CA (2012, 2013). Observation and testing during over -excavation, grading, utility trench backfilling, foundation excavation, and geogrid installation. Street and Storm Drain Improvement, Amar Road, La Puente, CA (2013). field observation and compaction testing of storm drain trench backfill, sub -grade and Aggregate base layers for pavement, driveways and sidewalks. Sewer Line Replacement Project, Orange CA. (2013), observation and compaction testing of subgrade and base course Rossmoor Library, Los Alamitos, CA. (2013), observation and compaction testing of subgrade. AT&T Building Newhope, City of Garden Grove, CA. (2013) Observation and test on the subgrade AT&T Building, City of Colton, CA. (2013) Observation and test on the subgrade Water Recycle Center, Fontana, (2013) Observation and test on the subgrade Hacienda Rd., Pavement Rehabilitation, California City, (2013) Observation and test on the subgrade and cement treated soils Coyote Park Pavement, Los Alamitos, CA (2013), Observation and test on subgrade and base course Ridgecrest Cycle 8, Ridgecrest, CA, (2013), Field investigation of subgrade compaction Regency Seal Beach, Seal Beach, CA (2012), Field investigation of subgrade compaction College Heights Blvd. and Drummond Ave., Ridgecrest, CA ICDC, Planning Area 40, Irvine CA. EI Sobrante Landfill, Riverside County, CA. Pottery Court Apartments, Lake Elsinore, CA. Irvine Spectrum Center, Irvine, CA. University of California; Parking Structure, Long Beach, CA. 9132014 Cerfification Detail Home > NV ICC Certified Professional Information: , acme tan Last, First ab Celbay, Ramon M 1-aN-IQ-8r1fE Certieatl under this nems: Ramon M cewey (t33•]21a), uta. city, state zip: Anaheim, CA 92808 Sam Certification Type(.): Soils Special inspector (e)lpires 04/022016) contact ua Listings hem may nolrefiecltadays changes, additions, exam result, or certifications from organiathms other than ICC (Including BOCA ICBO, and SBCCI). Llatings am updated nlghtlyon this web site, so please allow a full 24 hours tar changes to be reflected here, ICC certification forcode enforcement professions atlaet b competantfnowledge of construction codes and standards In effect on the dab of certification or renewal. ICC does its best to maintain the prtvecyrequest ofits members and constituent. if you balievm Net phone number ar address Information listed here should not be displayed please contact ua at 1.888-I0C-SAFE (422-7233) between Sam and 7pm (CT) for personal assistance. Terme of Use: This listing is provided an a aaNw t the constituent of ICC for Mese purpoeea:loceting a certified prolessionel or contractor in your area, or confirming stable for IndMduals. Any other use, sale, transfer, or reproducton in any form without the egress wdtien consent of ICC is sinctiyprohiblled. ICC reserves Me right to Incorporate some false names b decd Improper use of this service. Mtps:Nov.iccsafeorg/eveNDywNcPageaspX7WebCoda ICCCRTDeWl&mLlley-5b440cef-8086-4899-a0a7-4dcfec258566 111 AMERICAN CONCRETE INSTITUTE This is to certify that has demonstrated knowledge and ability by successfully completing the ACI Certification requirements and is hereby recognized as an ACI Concrete Field Testing Technician - Grade I Certified Date: 03/01/2014 Expires: 03/01/2019 Examiner of Record: Mr Clifford R Ohlwiler ACI Managing Director of Cert (cation 77ie Awhentici0i of this certification can be verified at www. ACICertification .org/verify Education High School Diploma Edison, Huntington Beach, California Orange Coast College Two Year Courses Licenses B Certifications Nuclear Gauge Operator, Pacific Nuclear Technologies ACI Concrete Field Testing Technician Caltrans Certificate: Sampling and Relative Compaction 8 Years Experience i&O'WILLDAN Geotechnical Mike Corral Senior Technician (Role: Geotechnical and Concrete Field Testing) Mr. Mike Corral has over 4 years of soils testing and inspection experience in diverse civil constructions. He has worked on a wide range of private and public projects. Mr. Corral is skillful in performing various soils/asphalt tests and inspections during grading operations, foundation installation, and pavement placement. He is also capable of conducting asphalt plant Inspection and Testing. Project Experience Imperial Hwy Improvements, City of La Mirada, CA. Performed inspection duties during asphalt lay down procedures for the Euclid Street Restoration project. Asphalt was. delivered utilizing the wind -row method. Due to the use of this procedure, Mr. Corral constantly inspected asphalt temperature prior to lay down. Utilizing a nuclear gauge for compaction testing, Mr. Corral also inspected placed asphalt concrete transverse and longitudinal lines for relative flatness. Rosecrans Avenue Street Improvements, City of Norwalk, CA. Mr. Conal inspected and tested approximately two miles of asphalt lay down operations for the Rosecrans Avenue Sheet Improvement project. Mr. Corral ensured relative compaction of laid asphalt was achieved by the double drum, steel, vibratory rollers during the duration of the project. Also, paving operations were performed at night. Mr. Conal ensured delivered asphalt remained at required temperature ranges. Garfield Avenue. Street Improvements, City of Downey, CA. Performed inspection duties during asphalt lay down procedures for the Garfield Avenue restoration project. Asphalt was delivered utilizing the wind -row method. Due to the use of this procedure, Mr. Corral constantly inspected asphalt temperature prior to lay down. Utilizing a nuclear gauge for compaction testing, Mr. Coral also inspected placed asphalt concrete transverse and longitudinal lines for relative flatness. Carson St. Restoration, City of Hawaiian Gardens, CA. Inspected and tested paving operations for Carson St. Improvement Project. Mr. Corral inspected and tested asphalt over lay and asphalt placed on cold mill. Performed temperature, thickness and density tests on laid asphalt. Ensured placement of required AR4000 tack coat and petro -mat in recommended areas. Santa Ana Street Restoration, City of South Gate, CA. Inspected and tested one and a half miles of asphalt lay down operations on Santa Ana and San Antonio. Ensured contractor placed AR4000 tack coat on cold milled sections followed by a petro -mat prior to laying asphalt. During paving operations, inspected asphalt temperature, thickness, and density. Also, inspected the relative flatness of transverse and longitudinal lines to ensure feathered lines were per "greenbook" standards. Azusa Avenue Street Restoration, City of Covina, CA. Inspected and tested one and a half miles of asphalt lay down operations on Azusa Avenue and adjacent side streets. Ensured contractor placed AR4000 tack coat on cold milled sections followed by a petro -mat prior to laying asphalt WKWILLDAN Geotechnical Ca/Trans Testing Certifications for CT 521, CT 539, CT 540, CT 556, and CT 557 ACI Concrete Field Testing Technician Grade 1 Affiliations ICC Professional Membership ACIA Orange County Chapter 10 Years Experience UCI Medical Center Utility Tunnel, Orange, CA. Assisted in Forensic Study duties included core sampling and steel sampling along with documentation of locations and test results. Provided testing and sampling reports to engineers for their determination of structural integrity for the addition of a new medical facility. Hoag Hospital, Newport Beach, CA. Assisted in Forensic Study duties included core sampling and steel sampling along with documentation of locations and test results. Provided testing and sampling reports to engineers for their determination of structural integrity for the addition of anew 10 -story facility. Matthew Ritchev Senior Technician (Role: Geotechnical & Concrete Field Testing) Mr. Matthew Ritchey has over 10 years of experience as a laboratory and field technician, including sampling, transporting, documenting, and reporting. He Education participates in the AMRL, CCRL, and Caltrans Proficiency Programs. Mr. Ritchey's Whitcomb High School, current laboratory duties include testing of concrete, masonry grout, masonry mortar Glendora and non -shrink grout for compression strength, fireproofing density test, tensile and Citrus College, EMT bend tests on reinforcing steel, and soil maximum density test. Field duties include Certification QA/QC of concrete, hydraulic pull tests of reinforcing steel and althread, and structural masonry inspection. Mr. Ritchey constantly works to improve his skills and LA Skit Center, add to his certifications, for example, he recently received his ACI Technician Grade I Masonry Course certification and is currently preparing for shear wall (wood) inspector certification. Advanced Masonry self study course Relevant Project Experience City Hall Retrofit, Santa Monica, CA. Performed hydraulic pull testing of althread and Masonry, Commercial reinforcing steel dowels ranging from 3/8" to 1 ''IV' in diameter for the seismic retrofit of the building Inspector, soils, existing City Hall. and fireproofing courses with Inspection Dynamics, Newport Learning Center, Coastal Community College District (CCCD), Newport Beach, CA. Performed on site QC and testing of concrete for a 3 -story, poured in place, 112,795 ASF, Licenses & Type II -B building. Also did fabrication shop inspection of reinforcing steel. In addition to the Certifications main building, project includes a large bio -filtering facility, and parking/driveway areas. ICC Structural Masonry Special Inspector Trabuco Road Slope, Lake Forest, CA. Performed QA, and sampling and testing of masonry ICC Commercial Building grout for compressive strength. Inspector B-2 Whittier Union High School District, Whittier, CA. Performed hydraulic pull tests in CBC California Commercial various locations to aid in the seismic upgrading of various schools in the district, including at Building Inspector the Whittier High School Library. Ca/Trans Testing Certifications for CT 521, CT 539, CT 540, CT 556, and CT 557 ACI Concrete Field Testing Technician Grade 1 Affiliations ICC Professional Membership ACIA Orange County Chapter 10 Years Experience UCI Medical Center Utility Tunnel, Orange, CA. Assisted in Forensic Study duties included core sampling and steel sampling along with documentation of locations and test results. Provided testing and sampling reports to engineers for their determination of structural integrity for the addition of a new medical facility. Hoag Hospital, Newport Beach, CA. Assisted in Forensic Study duties included core sampling and steel sampling along with documentation of locations and test results. Provided testing and sampling reports to engineers for their determination of structural integrity for the addition of anew 10 -story facility. (V312614 (a�.L2::,Yirlali [ Home> W ICC Certified Professional Information: CCnteR Information Last, cont MI: Potchey, Matthew Certified under this name: MaBhew Ritchey 1-289-ICGSAFE (4u-7aaa), ext. Address: 957 N Prospero Dr all city, stab 7)p: Covina, CA 91722 CortiffiCanlaR ee on Ws1s: 1 California CCommercialt3WWirg Inspector (expires 08/10/2016) W Commercial Stdlding Inspector (expires 08/10/2016) Soils Special Inspector (expires 08/10/2016) Spray -applied Fireproofing Special inspector (expires 08/10/2016) Sbucbral Masorwy Special Inspector (expires 08/102016) Ltstlngs here may nolretiecltedays changes, additions, enm results, or certifications from organratlons otherthen ICC (Including BOCA, ICSO, and SBCCI). Listings are updated nightlyon this web sib, so please allow a full 24 hours for changes b be refiecied here. ICC certification for code enforcement professlons attests to competent knowledge of construction codes and standards in effect on the dab ofeeNficetlon or renewal. ICC does Its bestb maintain the privacy requests of Its members and constituents. tiyou believe that phone number or address Information listed here should not be displayed please contact us at 1.888 -ICC -SAFE (422-7233) between Sam and 7pm (CT) for personal assistance. Terms of List: This listing Is prodded as a serdce to he constfuents of ICC for these purposes: totaling a corfified professional or contachrin your area, or confirming status for indldduals. Anyoher use, sale, transfer, or reproduction in anyfonn without he evress written consentof ICC Is abictiyprohibited. ICC reserves the right to Incorporate some false names to dated Improper use of this somite. httpsl/ay.icmafe.mgleneWymrricpage.wpMebCode=1CCCRTDeteil&cst Im)=7700e633&A5D-431c-9f56-e27c8a8A314 1/1 Verify A Certification Page 1 of 2 Membership About ACI Contact Us Select Language SS»igil In American Concrete Institute ad Home > Certification > Verify A Certification SEARCH RESULTS Certification ID: 01148499 CONTRACTORS Your search returned 1 records Ritchey, Matthew T . ACI CONCRETE FIELD TESTING TECHNICIAN - GRADE I !\. Expires: April 13, 2018 Covina, CA 91722-2943 United States ACI offers numerous certifications, training program! workbooks, web sessions, and technical resources specificallj designed for concrete contractors. EXEE PLOR: ENGINEERS A) • _�'Y http://www.concrete.org/Certification/V eti l yACertification.aspx?m=results&type=Search... 9/29/2014 City of Diamond Bar Proposal for Professional Soils and Geotechnical Engineering Services APPENDIX B FEE SCHEDULE iA/WILLDAN I Geotechnical FEE SCHEDULE Geotechnical & Material Inspection & Testing Effective July 1, 2016 to lune 30, 2017 Personnel — Prevailing Wage Special Inspection Services $ 95 per Hour Concrete Inspection....................................................................................................................................... $ 95 per Hour Post -Tension Concrete Inspection............................................................................................................... $ 95 per Hour Shotcrete Inspection...................................................................................................................................... $ 95 per Hour Masonry Inspection........................................................................................................................................ $ 95 per Hour Epoxy Injection & Anchors Inspection......................................................................................................... $ 95 per Hour FireproofingInspection................................................................................................................................. $ 95 per Hour WeldingInspection......................................................................................................................................... $ 95 per Hour BuildingInspection......................................................................................................................................... $ 95 per Hour Shear Wall/ Seismic Hardware Inspection..............................................................................................— $ 95 per Hour Concrete Batch Plant Inspection.........................-.....................................................................................— $ 95 per Hour Structural Steel /Welding/ Bolting Shop Inspection (Local)................................................................... $ 95 per Hour Structural Steel /Welding/ Bolting Shop Inspection (Outside Local Area)................................................................ $ 95 per Quote Fireproofing Inspection................................................................................................................................. $ 95 per Hour Technician Services Soil/ Asphalt Technician............................................................................_,.................................................... $ 95 per Hour Sr.Soil/ Asphalt Technician.......................................................................................................................... $ 95 per Hour Asphalt Batch Plant Technician ....... ...................................... ..................... ... ...... -......... .............................. $ 95 per Hour Material Technician... ....... ................................................................... .................. -- ............................. $ 95 per Hour Pachometer Technician ..... ..................................... .......................... .......... — ............. ..—............................. $ 95 per Hour Moisture Testing Technician.........................................................................................--............................ $ 95 per Hour Pull-out Test on Embedded Bolts,. Anchors, Dowels, Splay Wires ............................................ ......... - $ 95 per Hour Coringand Sizing......................................................................-...................................................................., $ 60 per Hour LaboratoryTechnician................................................................................................................................... $ 70 per Hour Field Vehicle Use (by Soil/Asphalt Technician)........................................................................................... $ 5 per Hour Nuclear Gauge Use (by Soil/Asphalt Technician) ....... .................. —........................................................... $ 50 per Shift Non -Destructive Testing (NDT) DyePenetrant Testing.................................................................................................................................... $ 95 per Hour UltrasonicTesting........................................................................................................................................... $ 95 per Hour MagneticParticle Testing........................................::..................................................................................... $ 9S per Hour RadiographicTesting............ ............ ,.:......... .:.:..:::................ ................ .............. ,................. . ................ per Quote Professional Services Scheduling/Supervision..............................................-,............................................._................................ $ 110 per Hour Staff Engineer/ Geologist .............................................................................................................................. $ 120 per Hour Sr. Staff Engineer / Geologist........................................................................................................................ $ 135 per Hour Project Engineer/Geologist......................................................................................................................... $ 165 per Hour Senior Geotechnical Engineer/ Geologist .............................................. ......................... --...................... $ 185 per Hour Principal Engineer/ Geologist .............. ..... —.............. —.............. -.......... ...................... ................. .............. $ 200 per Hour Expert Witness by Principal Engineer / Geologist ...... ........................ ....... -....................... -- ................... , $ 350 per Hour Administrative Clerical............................................................................-,.............................................................................., $ 75 per Hour ComputerData Entry ..................................................................................................................................... $ 75 per Hour WordProcessing............................................................................................................................................. $ 60 per Hour ComputerTime............................................................................................................................................... $ 15 per Hour CADOperator..............................................................::.................................................................................. $ 100 per Hour Staff assignments dependon availability of personnel, site location, and the level of experience that will satisfy the technical requirements of the project and meet the prevailing standard of professional care. The above schedule is for straight time. Please refer to "Basis of Charges" for terms and conditions of charges. Page 1 of 3 iW"WILLDAN Geotechnical FEE SCHEDULE Geotechnical & Material Inspection & Testing Effective July 1, 2016 to June 30, 2017 Laboratory Testing — Geotechnical Identification and Index Properties $ 15 per Test In-situ Moisture and Density (ASTM D2937).............................................................................................. $ 20 per Test Grain Size Analysis—Sieve Only (ASTM D422)........................................................................................... $ 100 per Test Grain Size Analysis—Sieve and Hydrometer (ASTM D422)...................................................................... $ 150 per Test Percent Passive #200 Sieve (ASTM D1140)................................................................................................. $ 50 per Test Atterberg Limits— Multi Point (ASTM D4318)............................................................................................ $ 110 per Test Atterberg Limits — One Point (ASTM D4318).............................................................................................. $ 75 per Test Specific Gravity (ASTM D854)....................................................................................................................... $ 75 per Test Sand Equivalent (ASTM D2419).................................................................................................................... $ 75 per Test Compaction and Bearing Strength Modified Proctor Compaction— Method A or B (ASTM D1557) ........ __ ................................................. $ 165 per Test Modified Proctor Compaction — Method C (ASTM D1557)...................................................................... $ 175 per Test Compaction(CT 216)...................................................................................................................................... $ 180 per Test California Bearing Ratio, CBR -3 Points (ASTM D1883)........................................................................... $ 450 per Test R -Value ........................ ........... ...... ............ .............................................. ........... ........... .................... ................ $ 250 per Test Shear Strength Torvane/ Pocket Penetrometer................................................................................................................... $ 15 per Test Direct Shear, Consolidated Drained — per Point (ASTM D3080).............................................................. $ 85 per Test Direct Shear, Residual— per Point (ASTM D3080)..................................................................................... $ 120 per Test Unconfined Compression (ASTM D2166)................................................................................................... $ 120 per Test Unconsolidated-Undrained(UU).................................................................................................................. $ 150 per Test Consolidation. Collapse and Swell Consolidation -8 Load Increments w/ One Time Rate (ASTM D2435) .................................................. $ 160 per Test Consolidation—Additional Load Increment (ASTM D2435)..................................................................... $ 25 per Test Consolidation—Additional Time Rate per Load Increment (ASTM D2435) ........................................... $ 50 per Test CollapseTest—Single Point........................................................................................................................... $ 50 per Test Single Load Swell Test — Ring Sample, Field Moisture (ASTM D4546) ..........- ........................................ $ 70 per Test Single Load Swell Test— Ring Sample, Air Dried (ASTM D4546)............................................................. $ 70 per Test Remolded Sample per Specimen........................................._......................................................................, $ 50 per Test Expansion Index (ASTM D4829/ UBC 29-2) ............. ........ ._.......................... ....... ..................... ................ $ 125 per Test Laboratory Permeability Constant Head (ASTM D2434) .................. Falling Head Flexible Wall (ASTM D5084) Triaxial Permeability (EPA 9100) .............. Chemical Tests Corrosivity (pH, Resistivity, Sulfates, Chlorides) Organic Contents (ASTM D2974) ......................... Asphalt Tests Extraction / Asphalt (CTM 382) ..................................... Hveem / Marshall Maximum Density (CTM 304, 308) Wash Gradation (CFM 202) ........................................... $ 235 per Test $ 285 per Test $ 330 per Test $ 165 per Test $ 70 per Test $ 200 per Test $ 350 per Test $ 105 per Test Page 2 of 3 FEE SCHEDULE Geotechnical & Material Inspection & Testing Effective July 1, 2016 to June 30, 2017 Laboratory Testing — Material Concrete iW"WILLDAN I Geotechnical 6" x 12" Cylinder Compression Test (ASTM C39)-..................................................................................... $ 20 per Test 2", 4 and 6 Diameter Cores Compression Test....................................................................................... $ 20 per Test 3" x 6" Cylinder Lightweight Concrete Compression Test (ASTM C495) .- ............................................. $ 20 per Test Shotcrete / Gunite Lab Coring & Compression Test (ASTM C42) ............................................................ $ 45 per Test Unit Weight of Hardened Lightweight Concrete (ASTM C567) .................. ...................... $ 35 per Test Rapid Cure Concrete Cylinders (Boil Method) (ASTM C684).................................................................... $ 40 per Test Masonry 2" x 4" Mortar Cylinder Compression Test (ASTM C780)......................................................................... $ 20 per Test 2" x 2" Mortar Cube Compression Test (ASTM C109)............................................................................... $ 20 per Test 3" x 6" Grout Prism Compression Test (ASTM C1019) ................................................. ......... -.................. $ 20 per Test CMU Grouted Prism Compression Test, up to 8"x8"x16" (ASTM E447) ................................................. $ 135 per Test CMU Grouted Prism Compression Test, larger than 8"x8"x16" (ASTM E447) ....................................... $ 160 per Test Steel Reinforcement Tensile or Bend Test, up to #8 (ASTM A370).............................................................................................. $ 45 per Test Tensile or Bend Test, #9 to #11 (ASTM A370)............................................................................................ $ 55 per Test Tensile or Bend Test, #14 (ASTM A370)............................................................................ $ 80 per Test Fireproofing UnitWeight (UBC 7-6).................................................................................................................................... $ 35 per Test Cohesion / Adhesion (UBC 7-6).................................................................................................................... $ 45 per Test Administrative Services SamplePickup from Field.......—.................................................................................... $ 45 per Trip MixDesign Review......................................................................................................................................... $ 175 per Mix LabTest Report ............................................................................................................................................... $ 10 per Report Page 3 of 3 CITY COUNCIL Agenda # 6.11 Meeting Date: October 4, 2016 AGENDA REPORT TO: Honorable Mayor and Members of the City Council VIA: James DeStefano, City Mang TITLE: APPROVAL OF ON-CALL RAFFIC AND TRANSPORTATION ENGINEERING SERVICES CONTRACT WITH (1.) DKS ASSOCIATES, (2.) FEHR & PEERS, (3.) ITERIS, (4.) KIMLEY HORN, (5.) SASAKI TRANSPORTATION SERVICES, AND (6.) STANTEC FOR A PERIOD OF THREE (3) YEARS RECOMMENDATION: Approve. For development related projects, funding will be provided through developer fees and deposits paid by the applicant prior to the plan/report review stage, and for Capital Improvement Program (CIP) Projects funding is provided by various funding sources such as Gas Tax, Prop A, Prop C, Measure R, and Air Quality (AB2766) funds. For specific traffic and transportation engineering services needed by the Public Works Department, the Fiscal Year2016-2017 operating budget includes $150,000 for these services. BACKGROUND/DISCUSSION: To augement the City's professional services, multiple traffic and transportation engineering consultants have been utilized by staff on an as -needed basis. The current consultant service agreements will expire on October 18, 2016. On August 18, 2016, the City issued a Request for Proposals (RFP) inviting qualified consultants to submit proposals for traffic and transportation engineering services on an as -needed basis. A total of six (6) proposals were received on September 7, 2016 from Iteris, Fehr & Peers, DKS Associates, Stantec, Sasaki Transportation Services, and Kimley Horn. City staff independently reviewed each proposal and then collaborated to determine the most qualified consultants using the following evaluation criteria: • Staff Qualifications • Firms Qualifications • Approach/Methodology • Level of Effort (Staffing commitment and time allocation) • Ability to meet City's schedule and expectations • Relevant References (Record of performance) As a result, Iteris, Fehr & Peers, DKS Associates, Stantec, Sasaki Transportation Services, and Kimley Horn are recommended for a three (3) year contract to provide on- call traffic and transportation engineering services with the option to extend the contract by two (2) additional years upon mutual consent. Due to the specialized services within the traffic and transportation engineering field and traffic being a top priority of the City, it is beneficial to retain multiple fully -integrated, multidisciplinary consulting firms that are able to meet and address multiple goals where appropriate. With the exception of Stantec, each of these consultants has previously worked for Diamond Bar to successfully deliver projects and services. However, Stantec has demonstrated relevant experience and expertise with traffic operation, management, Civil Engineering services, and proposed a strong cohesive team. References have been checked and positive feedback has been received for each Consultant. Consultant hourly rates fall within the range of $75 for field support staff to $280 for principal -in -charge depending on the staff assigned to the on-call services task. The scope of services to be provided may include: • Geometric and Traffic Signal Design • Environmental and Traffic impact Analysis Report Preparation and Review • Conduct Studies and Report Preparation • Traffic Management System Support • Signal Timing • Adaptive Traffic Control System (ATCS) Support • Transportation System Planning • Traffic Signal Operation and Coordination Studies • Congestion Management Program (CMP) Data Preparation • Project Management and Construction Support • Public Meetings • Intelligent Transportation Systems (ITS) Design • Traffic Data Collection • Freeway/Regional Traffic Modeling Services • General Plan Preparation & Review Services • Funding and Grant Support Services, and • Other related services as requested by the City which pertain to development and capital projects. Compensation for these services will be billed in accordance with the appropriate classification of service provided pursuant to each consultant's fee schedule. 2 PREPARED BY: DATE PREPARED: Christian Malpica, Associate Engineer September 21, 2016 REVIEWED BY: David Liu, Director of Public Works/City Engineer Attachments: Contract Service Agreement — DKS Associates Contract Service Agreement — Fehr & Peers Contract Service Agreement— Iteris Contract Service Agreement — Kimley Horn Contract Service Agreement— Sasaki Transportation Services Contract Service Agreement — Stantec CONSULTING SERVICES AGREEMENT Design THIS AGREEMENT (the "Agreement") is made as of October 4. 2016 by and between the City of Diamond Bar, a municipal corporation ("City") and DKS Associates. Inc., a California corporation ("Consultant"). 1. Consultant's Services. Subject to the terms and conditions set forth in this Agreement Consultant shall provide to the reasonable satisfaction of the City the services set forth in the attached Exhibit "A", which is incorporated herein by this reference. As a material inducement to the City to enter into this Agreement, Consultant represents and warrants that it has thoroughly investigated the work and fully understands the difficulties and restrictions in performing the work. Consultant represents that it is fully qualified to perform such consulting services by virtue of its experience and the training, education and expertise of its principals and employees. Christian Malpica, Associate Engineer (herein referred to as the "City's Project Manager"), shall be the person to whom the Consultant will report for the performance of services hereunder. It is understood that Consultant shall coordinate its services hereunder with the City's Project Manager to the extent required by the City's Project Manager, and that all performances required hereunder by Consultant shall be performed to the satisfaction of the City's Project Manager and the City Manager 2. Term of Agreement. This Agreement shall take effect October 19, 2016, and shall continue until October 18, 2019 unless earlier terminated pursuant to the provisions herein. 3. Compensation. City agrees to compensate Consultant for each service which Consultant performs to the satisfaction of City in compliance with the scope of services set forth in Exhibit "A". Payment will be made only after submission of proper invoices in the form specified by City. 4. Payment. A. As scheduled services are completed, Consultant shall submit to City an invoice for the services completed, authorized expenses and authorized extra work actually performed or incurred. B. All such invoices shall state the basis for the amount invoiced, including services completed, the number of hours spent and any extra work performed. C. City will pay Consultant the amount properly invoiced within 30 days of receipt, but may withhold 5% of any invoice until all work is completed, which sum shall be paid within 30 days of completion of the work and receipt of all deliverables. D. Payment shall constitute payment in full for all services, authorized costs and authorized extra work covered by that invoice. 5. Change Orders. No payment for extra services caused by a change in the scope or complexity of work, or for any other reason, shall be made unless and until such extra services and a price therefore have been previously authorized in writing and approved by the City Manager or his designee as an amendment to this Agreement. The amendment shall set forth the changes of work, extension of time, if any, and adjustment of the fee to be paid by City to Consultant. 6. Priority of Documents. In the event of any inconsistency between the provisions of this Agreement and any attached exhibits, the provisions of this Agreement shall control. 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 Workers' Compensation laws regarding Consultant and Consultant's employees. Consultant further agrees to indemnify and hold City harmless from any failure of Consultant to comply with applicable Worker's Compensation laws. D. Consultant shall, at Consultant's sole cost and expense fully secure and comply with all federal, state and local governmental permit or licensing requirements, including but not limited to the City of Diamond Bar, South Coast Air Quality Management District, and California Air Resources Board. E. In addition to any other remedies it may have, City shall have the right to offset against the amount of any fees due to Consultant under this Agreement any amount due to City from Consultant as a result of Consultant's failure to promptly pay to City any reimbursement or indemnification required by this Agreement or for any amount or penalty levied against the City for Consultant's failure to comply with this Section. B. Standard of Performance. Consultant shall perform all work at the standard of care and skill ordinarily exercised by members of the profession under similar conditions and represents that it and any subcontractors it may engage, possess any and all licenses which are required to perform the work contemplated by this Agreement and shall maintain all appropriate licenses during the performance of the work. 9. Indemnification. Consultant shall indemnify, defend with counsel approved by City, and hold harmless City, its officers, officials, employees and volunteers ("Indemnitees") from and against all liability, loss, damage, expense, cost (including without limitation reasonable attorneys' fees, expert fees and all other costs and fees of litigation) of every nature arising out of or in connection with: (1) Any and all claims under Worker's Compensation acts and other employee benefit acts with respect to Consultant's employees or Consultant's contractor's employees arising out of Consultant's work under this Agreement; and (2) Any and all claims arising out of Consultant's performance of work hereunder, not covered by Section (3) below, or its failure to comply with any of its obligations contained in this Agreement, regardless of City's passive negligence, but excepting such loss or damage which is caused by the sole active negligence or willful misconduct of the City. Should City in its sole discretion find Consultant's legal counsel unacceptable, then Consultant shall reimburse the City its costs of defense, including without limitation reasonable attorneys' fees, expert fees and all other costs and fees of litigation. The Consultant shall promptly pay any final judgment rendered against the Indemnitees. It is expressly understood and agreed that the foregoing provisions are intended to be as broad and inclusive as is permitted by the law of the State of California and will survive termination of this Agreement. Except for the Indemnitees, this Agreement shall not be construed to extend to any third party indemnification rights of any kind. (3) Any and all claims arising out of Consultants design professional services, Consultant shall, to the fullest extent permitted by law, Consultant agrees to indemnify , defend and hold Indemnitees harmless from all liability arising out of any claim, loss, injury to or death of persons or damage to property that arise out of, pertain to, or relate to the negligence, recklessness or willful misconduct of the Consultant in the performance of design professional services pursuant to this Agreement, except for such loss or damage which is caused by the sole or active negligence or willful misconduct of the City. 10. Insurance. A. Consultant shall at all times during the term of this Agreement carry, maintain, and keep in full force and effect, with an insurance company authorized to do business in the State of California and approved by the City the following insurance: (1) a policy or policies of broad -form comprehensive general liability insurance written on an occurrence basis with minimum limits of $1,000,000.00 combined single limit coverage against any injury, death, loss or damage as a result of wrongful or negligent acts by Consultant, its officers, employees, agents, and independent contractors in performance of services under this Agreement; (2) property damage insurance with a minimum limit of $500,000.00 per occurrence; (3) automotive liability insurance written on an occurrence basis covering all owned, non -owned and hired automobiles, with minimum combined single limits coverage of $1,000,000.00,- (4) 1,000,000.00; (4) Worker's Compensation insurance when required by law, with a minimum limit of $500,000.00 or the amount required by law, whichever is greater; and (5) Professional liability insurance covering errors and omissions arising out of the performance of this Agreement with a combined single limit of $1,000,000. If such insurance is on a claims made basis, Consultant agrees to keep such insurance in full force and effect for at least five years after termination or date of completion of this Agreement. B. The City, its officers, employees, agents, and volunteers shall be named as additional insureds on the policies as to comprehensive general liability, property damage, and automotive liability. The policies as to comprehensive general liability, property damage, and automobile liability shall provide that they are primary, and that any insurance maintained by the City shall be excess insurance only. C. All insurance policies shall provide that the insurance coverage shall not be non -renewed, canceled, reduced, or otherwise modified (except through the addition of additional insureds to the policy) by the insurance carrier without the insurance carrier giving City thirty (30) day's prior written notice thereof. Consultant agrees that it will not cancel, reduce or otherwise modify the insurance coverage and in the event of any of the same by the insurer to immediately notify the City. D. All policies of insurance shall cover the obligations of Consultant pursuant to the terms of this Agreement and except for professional liability insurance, shall be issued by an insurance company which is authorized to do business in the State of California or which is approved in writing by the City; and shall be placed have a current A.M. Best's rating of no less than A-, VII. In the case of professional liability insurance, such coverage shall be issued by companies either licensed or admitted to conduct business in the State of California so long as such insurers possesses the aforementioned Best's rating. E. Consultant shall submit to City (1) insurance certificates indicating compliance with the minimum insurance requirements above, and (2) insurance policy endorsements or a copy of the insurance policy evidencing the additional insured requirements in this Agreement, in a form acceptable to the City. F. Self -Insured Retention/Deductibles. All policies required by this Agreement shall allow City, as additional insured, to satisfy the self-insured retention ("SIR") and/or deductible of the policy in lieu of the Consultant (as the named insured) should Consultant fail to pay the SIR or deductible requirements. The amount of the SIR or deductible shall be subject to the approval of the City. Consultant understands and agrees that satisfaction of this requirement is an express condition precedent to the effectiveness of this Agreement. Failure by Consultant as primary insured to pay its SIR or deductible constitutes a material breach of this Agreement. Should City pay the SIR or deductible on Consultant's due to such failure in order to secure defense and indemnification as an additional insured under the policy, City may include such, amounts as damages in any action against Consultant for breach of this Agreement in addition to any other damages incurred by City due to the breach. G. Subrogation. With respect to any Workers' Compensation Insurance or Employer's Liability Insurance, the insurer shall waive all rights of subrogation and contribution it may have against the Indemnitees. H. Failure to Maintain Insurance. If Contractor fails to keep the insurance required under this Agreement in full force and effect, City may take out the necessary insurance and any premiums paid, plus 10% administrative overhead, shall be paid by Consultant, which amounts may be deducted from any payments due Consultant. 1. Consultant shall include all subcontractors, if any, as insureds under its policies or shall furnish separate certificates and endorsements for each subcontractor to the City for review and approval. All insurance for subcontractors shall be subject to all of the requirements stated herein. 11. Confidentiality. Consultant in the course of its duties may have access to confidential data of City, private individuals, or employees of the City. Consultant covenants that all data, documents, discussion, or other information developed or received by Consultant or provided for performance of this Agreement are deemed confidential and shall not be disclosed by Consultant without written authorization by City. City shall grant such authorization if disclosure is required by law. All City data shall be returned to City upon the termination of this Agreement. Consultant's covenant under this section shall survive the termination of this Agreement. Notwithstanding the foregoing, to the extent Consultant prepares reports of a proprietary nature specifically for and in connection with certain projects, the City shall not, except with Consultant's prior written consent, use the same for other unrelated projects. 12. Ownership of Materials. Except as specifically provided in this Agreement, all materials provided by Consultant in the performance of this Agreement shall be and remain the property of City without restriction or limitation upon its use or dissemination by City. Consultant may, however, make and retain such copies of said documents and materials as Consultant may desire. 13. Maintenance and Inspection of Records. In accordance with generally accepted accounting principles, Consultant and its subcontractors shall maintain reasonably full and complete books, documents, papers, accounting records, and other information (collectively, the "records") pertaining to the costs of and completion of services performed under this Agreement. The City and any of their authorized representatives shall have access to and the right to audit and reproduce any of Consultant's records regarding the services provided under this Agreement. Consultant shall maintain all such records for a period of at least three (3) years after termination or completion of this Agreement. Consultant agrees to make available all such records for inspection or audit at its offices during normal business hours and upon three (3) days' notice from the City, and copies thereof shall be furnished if requested. 14. Conflict of Interest. A. Consultant covenants that it presently has no interest and shall not acquire any interest, direct or indirect, which may be affected by the services to be performed by Consultant under this Agreement, or which would conflict in any manner with the performance of its services hereunder. Consultant further covenants that, in performance of this Agreement, no person having any such interest shall be employed by it. Furthermore, Consultant shall avoid the appearance of having any interest which would conflict in any manner with the performance of its services pursuant to this Agreement. B. Consultant covenants not to give or receive any compensation, monetary or otherwise, to or from the ultimate vendor(s) of hardware or software to City as a result of the performance of this Agreement. Consultant's covenant under this section shall survive the termination of this Agreement. 15. Termination. The City may terminate this Agreement with or without cause upon fifteen (15) days' written notice to Consultant. The effective date of termination shall be upon the date specified in the notice of termination, or, in the event no date is specified, upon the fifteenth (15th) day following delivery of the notice. In the event of such termination, City agrees to pay Consultant for services satisfactorily rendered prior to the effective date of termination. Immediately upon receiving written notice of termination, Consultant shall discontinue performing services, unless the notice provides otherwise, except those services reasonably necessary to effectuate the termination. The City shall be not liable for any claim of lost profits. 16. Personnel/Designated Person. Consultant represents that it has, or will secure at its own expense, all personnel required to perform the services under this Agreement. All of the services required under this Agreement will be performed by Consultant or under it supervision, and all personnel engaged in the work shall be qualified to perform such services. Except as provided in this Agreement, Consultant reserves the right to determine the assignment of its own employees to the performance of Consultant's services under this Agreement, but City reserves the right in its sole discretion to require Consultant to exclude any employee from performing services on City's premises. 17. Non -Discrimination and Equal Employment Opportunity. A. Consultant shall not discriminate as to race, color, creed, religion, sex, marital status, national origin, ancestry, age, physical or mental handicap, medical condition, or sexual orientation, in the performance of its services and duties pursuant to this Agreement, and will comply with all rules and regulations of City relating thereto. Such nondiscrimination shall include but not be limited to the following: employment, upgrading, demotion, transfers, recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. B. Consultant will, in all solicitations or advertisements for employees placed by or on behalf of Consultant state either that it is an equal opportunity employer or that all qualified applicants will receive consideration for employment without regard to race, color, creed, religion, sex, marital status, national origin, ancestry, age, physical or mental handicap, medical condition, or sexual orientation. C. Consultant will cause the foregoing provisions to be inserted in all subcontracts for any work covered by this Agreement except contracts or subcontracts for standard commercial supplies or raw materials. 19. Time of Completion. Consultant agrees to commence the work provided for in this Agreement within (5) days of being notified by the City to proceed and to diligently prosecute completion of the work within the time frame designated per task or as may otherwise be agreed to by and between the Project Manager and the Consultant. 20. Time Is of the Essence. Time is of the essence in this Agreement. Consultant shall do all things necessary and incidental to the prosecution of Consultant's work. 21. Delays and Extensions of Time. Consultant's sole remedy for delays outside its control shall be an extension of time. No matter what the cause of the delay, Consultant must document any delay and request an extension of time in writing at the time of the delay to the satisfaction of City. Any extensions granted shall be limited to the length of the delay outside Consultant's control. If Consultant believes that delays caused by the City will cause it to incur additional costs, it must specify, in writing, why the delay has caused additional costs to be incurred and the exact amount of such cost within 10 days of the time the delay occurs. No additional costs can be paid that exceed the not to exceed amount absent a written amendment to this Agreement. In no event shall the Consultant be entitled to any claim for lost profits due to any delay, whether caused by the City or due to some other cause. 22. Assignment. Consultant shall not assign or transfer any interest in this Agreement nor the performance of any of Consultant's obligations hereunder, without the prior written consent of City, and any attempt by Consultant to so assign this Agreement or any rights, duties, or obligations arising hereunder shall be void and of no effect. 23. Compliance with Laws. Consultant shall comply with all applicable laws, ordinances, codes and regulations of the federal, state, and local governments. 24. Non -Waiver of Terms, Rights and Remedies. Waiver by either party of any one or more of the conditions of performance under this Agreement shall not be a waiver of any other condition of performance under this Agreement. In no event shall the making by City of any payment to Consultant constitute or be construed as a waiver by City of any breach of covenant, or any default which may then exist on the part of Consultant, and the making of any such payment by City shall in no way impair or prejudice any right or remedy available to City with regard to such breach or default. 25. Attorney's Fees. In the event that either party to this Agreement shall commence any legal or equitable action or proceeding to enforce or interpret the provisions of this Agreement, the prevailing party in such action or proceeding shall be entitled to recover its costs of suit, including reasonable attorney's fees and costs, including costs of expert witnesses and consultants. 26. Mediation. Any dispute or controversy arising under this Agreement, or in connection with any of the terms and conditions hereof, which cannot be resolved by the parties, may be referred by the parties hereto for mediation. A third party, neutral mediation service shall be selected, as agreed upon by the parties and the costs and expenses thereof shall be borne equally by the parties hereto. The parties agree to utilize their good faith efforts to resolve any such dispute or controversy so submitted to mediation. It is specifically understood and agreed by the parties hereto that mutual good faith efforts to resolve the same any dispute or controversy as provided herein, shall be a condition precedent to the institution of any action or proceeding, whether at law or in equity with respect to any such dispute or controversy. 27. Notices. Any notices, bills, invoices, or reports required by this Agreement shall be deemed received on (a) the day of delivery if delivered by hand during regular business hours or by facsimile before or during regular business hours; or (b) on the third business day following deposit in the United States mail, postage prepaid, to the addresses heretofore set forth in the Agreement, or to such other addresses as the parties may, from time to time, designate in writing pursuant to the provisions of this section. "CONSULTANT" "CITY" DKS Associates 2401 E Katella Avenue, Suite 425 Anaheim CA 92806 Attn.: Jeff Heald Phone: 714 597-8070 E -Mail: jbh@dksassociates.com City of Diamond Bar 21810 Copley Drive Diamond Bar, CA 91765-4178 Attn.: David G. Liu Phone: 909 839-7040 E-mail: publicworks@diamondbarca.gov 28. Governing Law. This Agreement shall be interpreted, construed and enforced in accordance with the laws of the State of California. 29. Counterparts. This Agreement may be executed in any number of counterparts, each of which shall be deemed to be the original, and all of which together shall constitute one and the same instrument. 30. Entire Agreement. This Agreement, and any other documents incorporated herein by reference, represent the entire and integrated agreement between Consultant and City. This Agreement supersedes all prior oral or written negotiations, representations or agreements. This Agreement may not be amended, nor any provision or breach hereof waived, except in a writing signed by the parties which expressly refers to this Agreement. Amendments on behalf of the City will only be valid if signed by a person duly authorized to do so under the City's Purchasing Ordinance. IN WITNESS of this Agreement, the parties have executed this Agreement as of the date first written above. "Consultant" DKS Associates 2401 E Katella Avenue, Suite 425 Anaheim, CA 92806 By: Printed Name: Title: By: Printed Name: Approved as to form: David A. DeBerry, City Attorney "City" CITY OF DIAMOND BAR in Nancy A. Lyons, Mayor ATTEST: Tommye Cribbins, City Clerk `NOTE: If Consultant is a corporation, the City requires the following signature(s): (1) the Chairman of the Board, the President or a Vice -President, AND (2) the Secretary, the Chief Financial Officer, the Treasurer, an Assistant Secretary or an Assistant Treasurer. ff only one corporate officer exists or one corporate officer holds more than one corporate office, please so indicate. OR The corporate officer named in a corporate resolution as authorized to enter into this Agreement. A copy of the corporate resolution, certified by the Secretary close in time to the execution of the Agreement, must be provided to the City. 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The data provided is not a complete or certified record of an entity. Entity Name: DKS ASSOCIATES Entity Number: C0919234 Date Filed: 05/17/1979 Status: ACTIVE Jurisdiction: CALIFORNIA Entity Address: 1970 BROADWAY, SUITE 740 Entity City, State, Zip: OAKLAND CA 94612 Agent for Service of Process: WILLIAM R LOUDON Agent. Address: 1970 BROADWAY, SUITE 740 Agent City, State, Zip; OAKLAND CA 94612 * Indicates the information is not contained in the California Secretary of State's database. • If the status of the corporation is "Surrender," the agent for service of process is automatically revoked. 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Search Results Privacy,$tatement (Free Document Reatlers Copynght C 2016 California Secretary of State http://kepler.sos.ca.gov/ 9/28/2016 EXHIBIT "A" September 7, 2016 Christian Malpica Associate Engineer 2401 F KareliaAv- Cif of Diamond Bar City suite im. Anaheim, OA 92806 Department of Public Works GJ5z284.2e2o 218 10 Copley Drive dksassoclam.9 com Diamond Bar, CA 91765 Subject: Requestfoi Proposal for Professional Orr -Gall traffic and Transportation Engineennrp Services Dear Mr. Malpica and members of the selection committee, DKS Associates Is pleased to submit rms proposal to the City of Diamond Bar for Professional Or, -Call Traffic and Transportation Engineering Services. Our firm provides on-call services for numerous agencies and has staff located locally In our Anaheim office available for a variety of project assignments. The DKS team will provide support to the City's Public Works Department, addressing neighborhood and traffic issues and has the ability to respond quickly and efficiently to support the City's needs. Since our Inception more than 35 years ago, our firm has been at the forefront of the transportation Industry. The DKS team Is privileged to work on state-of-the-art transportation projects throughout the nation, Our traffic engineering experience Includes providing plans, specifications and estimates for traffic and transportation engineering projects, preparing traffic review and calming studies, reviewing traffic signal timing and preparing traffic signal tilTing/coordination plans, preparing conceptual design plans, providing cost estimating and value engineering services, providing bid and construction support and preparation of record drawings, providing and implementing adaptive control system, as well as traffic management system support, and numerous other traffic engineering -related tasks. The DKS team offers the City of Diamond Bar the following benefits: An Experienced Project f tanagement Team - Our project Manager, Kenny Chao has more than 14 years of experience, with 10 of those years working on projects for on -calls with similar -sized municipalities Jeff Heald, PE, our Principal - in -Charge, has more than 28 years of experience, including extensive work throughout Southern California including 3 assignments under our existing on-call agreement for transportation planning services. Ample Loca@ Staffing - The DKS tearn provides skilled staff knowledgeable of the area and City standards. Our team's approach involves establishing "Design Teams" where leaders and engineers will take ownership of fire project, while working together under Kenny's guidance This allows the project to stay on schedule and provides clear and concise defined roles, Kno-wledge and Past Experience with the Citi+ of Diamond Bar - We are ready to 'hit the ground running" as we are familiar with City standards and provisions. To date, DKS staff has completed several projects within the City of Diamond Bar, including utilities traffic control plan review, bus stop relocation feasibility evaluation and design In front of City Hall/Los Angeles County Public Library, neighborhood traffic management plan design and construction support, and numerous median modificaitons. By providing DKS Associates with the opportunity to provide services to the City of Diamond Bar, you will receive a qualified traffic engineering team ready to assist the City in establishing successful projects and results. Sincerely, DKS Associates Jeff Heald, PE Prindpal-in-Charge 714597, 80 70 jbh@dksassociates.com Kenny Chao Project Manager 714,597 8072 kyc@dksassociates.com Frim Prciile Focak Staff Flst, ti..........: Approach aid PJfotl-ioddog\"�......::..:...:.::.........:.................6 Advance INIotrce R,ecuiret menta ..... „ ...... , .. , : .........:11 Auaiit,,.iAssurance Pro, gram Corr �--b l e /�,.Ic r � ........14 _, Consu l ung Server, ,s /\g eement Stater��i Appendix DKS Assocla`es provides specialized transportation planning, design, and engineering services to public agencies across the country. Flrmwide, our staff if 120 professionals with offices In Oakland (headquarters), Anaheim, and Sacramento, CA; Portland and Salem, OR; Seattle, WA; Austin, TX; and Ta pa, FL. DKS has served public agencies since 1979, as we enjoy working with our clients to implement state-of-the-art designs to help facilitate better transportation decisions. The project team will act as an extension of the City's staff, managing the project In the best nterest of the City and Its community. With more than 95 percent of the firm's work being for public agencies, we understand constant communication and coordination efforts are imperative to a project's successful completion. DKS provides expert services in traffic engineering, of _ r transportation planning and 'traffic analysis , DKSenglneers OR ' �-ff have extensive expertise in traffic signal system, signal communications and ITS design, signing and striping, ma roadway lighting, temporary traffic control, truffle safety a, Cot Indz analysis, adaptive control systems, roundabout analysis v� °n and design, traffic, analysis and planning, bike and pedestrian pathway studies and design, Additionally, we have extensive expertise In analyzing traffic operations on highways, streets, interchanges, Intersections, v Office Locations .t �. Tn; ' Integrated corridor management (ICM), roundabouts and at -grade rail crossings, while developing measures to Improve safety, capacity, access and circulation. Projects have Included capacity analysis to determine level of service, study of driveways and access control, need for traffic signals, Intersection design needs, Including tum lanes, accident analysis, speed limit reviews, channellzatlon needs Including medians, signal coordination, assessment of passing zones and lanes, travel demand forecasting, geometric analysis, signal coordination, high -occupancy -vehicle (HOV) system planning, LRT station data planning, environmental assessments, environmental impact statements, alternative analysis, and site Impact studies. DKS applies traffic calming, pedestrian -friendly techniques on all planning and design projects. Recent evaluations of multimodal travel corridor studies draw on the firm's resources In traffic forecasting, operations analysis, and alternative analysis, This wide breadth of DKS transportation experience provides our clients with a unique blend of planning, operations and design expertise. DKS Associates' staff members have worked with multi -jurisdictional agencies' staff, traffic and planning commissions, city and county councils and other groups to develop sound transportation solutions. The firm stays abreast of continuing changes to capacity analysis through its representation with professional societies and technical committees. The firm's breadth of expertise facilitates consensus among stakeholders and agencies because we understand forecasts, concept development, design, and how to carry projects through to construction, operations and management. We understand what works for communities, agencies and transportation users. The City of La Qulnta will benefit from DKS' 37 years of niche traffic engineering and transportation planning experience. Through this experience we have, and continue to learn, the importance of quality control and quality assurance. Diamond Bar Professional Traffic Engineering On -Call Our extensive background with agency on-call projects provides DKS with a proven ability to manage any size task and team. DKS has assembled our team to provide the City of Diamond Bar with a complete roster of well-qualified experts to deliver the range of traffic engineering and optional services. We set up our management team with Jeff Heald, PE as the Principal -in -Charge, Kenny Chao as the Project Manager, and Rohl' Itadkar, TE as the Assistant Project Manager in order to illustrate our commitment to the City of Diamond Bar that we have a depth of resources, management and staffing available to meet the needs of any project and successfully deliver any assigned task order. Our organizational structure is illustrated below and a listing of local staff along to follow Detailed resumes are located in the appendix. DLIMOA71 BAR City of Diamond Bar Diamond Bar Professional Traffic Engineering On -Call F .. Jeff €feado', P [ Prkiclpa[-'r Chargr f i • Communicating findings and • On -Call Transportation Planning, Newport Beach, CA r presenting of results • On -Call Traffic Englneeiing, Anahelm, CA Successfully managing contracts • On -Call Traffic Engineering, OCTA, Orange County CA and staff to achieve results • City of Pomona On -Call Traffic Engineering, Pomona, CA • Transportation engineering analysis • OCTA Traffic Light Synchronization Program: Goldenwest • Bike/ped planning and design Street, CA • On-call engineering contracts Availability: 50% "I Kenny Chao Proje.ct Nfianager Availability: 50% • Latest ITS application, installation and deployment Including V21, SAO Smart Cities • TMC , system Integration and communication Infrastructure • PS&E & City Standard Expenence • Cost Estimating and Value Engineering ® - City of Pomona On -Call Traffic Engineering Services, Pomona, CA • On -Call Traffic Engineering, OCTA, Orange County, CA ® On -Call Traffic Engineering, Anaheim, CA • Ontario Municipal Fiber Optic Network, Ontario, CA • Anaheim Blvd TSSP and Communication Design, Anaheim, CA ,07 a pt eta [s` ,-,r; 77 iti<SS�st r t Project Manager • Signal timing optimization and • OCTA TSSP State College Boulevard, Orange County, CA synchronization LADOT Automated Traffic Surveillance and Control System, • Traffic Impact studies and traffic Los Angeles, CA calming studies • Carey Avenue Raised Median Improvement Project, Pomona, • Project management and multiple CA agency coordination • Ebb Tide Residential Traffic Impact Study, Newport Beach, CA • Traffic control plan review and • City of Pomona On -Call Traffic Engineering, Pomona, CA preparing conceptual design plans. • Signing and Striping Plan Along Pacific Coast Highway, Newport Beach, CA Availability: 509' Availability: 40% Pani G'Bd rf% PE, PTO E tl Transpoilation Engineer • On-call traffic englneenng • Traffic signal design • CCTV design • Fiber optic communications design • Signal timing and traffic modeling Diamond Bar Professional Traffic Engineering On -Call • OCTA Los Alisos Boulevard TSSi? CA • OCTA Goldenwest Street TSSP. CA • 2011 ITS Design Rural and Urban Counters, ODOT Region 1 OR • City of Fairview Traffic Engineering On -Call, OR • ODOT Regional Arterial Enhancement Project, Portland, OR fl - Availability: 30% Availability: 30% Availability: 30% Availability: 60% «cyte Fel PE, E O � drktc; pay Adaptive traffic signal systems • Traffl control devices • TMC design • Traffic signal design • Advanced transportation management Systems • Communication design • Systems engineering • 1 I S integration "f I,N ;1 lilt%,i f.ii • Sunnyvale Adaptive Evaluatlon, Sunnyvale, CA • Lawrence Expressway Adaptive Traffic Signal System, CA • Walnut Creek Adaptive Signal System, Walnut Creek, CA • FHWA Model Systems Engineering Documents for Adaptive Traffic Signal Systems, Federal ® Mesa AZ Adaptive Signal System, Mesa, AZ ,,l Peters, FIE.; RIME E � Director of Triansportaftn, Tech nokqY • ITS strategic planning • Spokane Regional Traffic Management Center • Communication design (ART MC) ITS Architecture Plan Update, WA • ITS integration • Metro CultLmodal Arteial Performance Management ® Systems engineering Regional Concept of Transportation Operations ® System testing (RCTO), OR • System pelormance specifications • Portland Metropolitan Area Transportation System • Tra-ffic signal timing Management and Operations (TSMO) Plan, OR • Adaptive traffic signal systems • Portland Regional ITS Architecture Update, OR .1`E10 �:�ij R� I. i:rI`'f1 • Multiple agency coordination • Fremont - Milpitas Fiber Optic Interconnect Project • Traffic operations analysis • San Jose Smart Intersections Project • Traffic signal timing and operations • RSTP and PASS Projects - Signal Timing • ITS planning and design Implementation, Bay Area, CA • Transit signal priority • AC Transit Multi -Modal Signal Timing, Bay Area, CA • On -Call engineering services Long Tran TransportatHon Engineer 6i a of f_ I l 1 � i( e.i.: tfr i•;�� Ilit • Public and private development PS&E • Traffic Signal Improvements (PS&E), Anaheim, CA projects • HSIP Communication Upgrades &improvements, • ITS, fiber optic, and communication City of Norwalk, CA design • Traffic Signal System Upgrade, City of San • Communication system Integration Clemente, CA • Anaheim Boulevard TSSP, CA Diamond Bar Professional Traffic Engineering On -Call DKA'; Availability: 70% Availability: 60% '&r11A'ai� +f r lid ns ort-fl.'da B i ee Traffic signal design in Orange County ® Caltrans and CAMUTD Standard Plans Signal timing and signal coordination ® Traffic Impact studies and data collection ® Multiple agency coordination In Orange County ® ITS and fiber optic design ® Traffic signal modification and upgrades ® Intersection Analysis and data collection Diamond Bar Professional Traffic Engineering On -Call • Traffic Signal Improvements, City of Anaheim, CA Orange County Museum of Arts (OCMA Residential Traffic Impact Study, Newport Beach, CA ® SR -134 Traffic Signal Improvements, G y of Burbank, CA Anaheim BOUlevard TSSP, Anaheim, CA LA County, Imperial Highway TSSP, CA ® OCTA TSSP: State College Boulevard, CA ® Dover Drive Pre -School Traffic Impact Study, Newport Beach, CA ® OCTA TSSR Los Alisos Boulevard, CA ® Anaheim Boulevard TSSP, CA ® LA County: Imperial Highway TSSP, CA ® Ontario Municipal Fiber Optic Network, CA The Gi,ky}S S tc 0 pe, o ?li 0r We understand the City's scope of work Includes the need for design of transportation facilities. DKS has sufficient experience with PS&E on transportation projects, which usually meets and exceeds client expectations. DKS typically breaks down these projects into the following phases: ® Phase I: Design Preparation e Phase !I: Preliminary Design Preparation • Phase Ill: Final Design ® Phase IV: Bid Advertisement & Construction Fxhibit A illustrates our overall process for Phases I through IV and delivering a final PS&E bid package. ExhibitA: Project Flow Chart Kickoff i`0eeting DKS will coordinate and schedule the kick off meeting with City staff and key stakeholders to discuss the scope of work, objectives, design criteria, technical requirements, project schedule, and communication protocol. After the meeting, DKS will compile meeting minutes and an action Item list, send It to all attendees for review and comment, and update and send the final version to all attendees. Phase l: Design Preparation The accuracy of record research, field review, and utility coordination is critical as this information will serve as the foundation of our design and will be used to map all existing conditions and utilities. Permit processing will be started at this time to obtain approvals prior to construction Phase II: Preliminary Design Preparation From our layout of existing conditions and utilities, DKS will develop preliminary design plans and alternatives that Identify key issues, design constraints, and recommendations. Based upon the City's approval, DKS will move forward with the preparation of the final design plans. We feel this approach will expedite the review and approval process by having the initial buy -off from the City prior to the final design plans. Phase III: Final Design Based on our approved preliminary design plans, we will move forward with the design PS&E and Include all appurtenant information required for the bid and construction of the project. Submittals will be provided for the City's review and approval until the fit ial PS&E are accepted. DKS will prepare specifications/special provisions that will be Incorporated Into the City's bid package for each project task order. Prior to preparing the specifications/special provisions, DKS will request the latest approved specifications/special provisions from a similar project and will edit as necessary to include all of the methods and materials for construction of the project DKS will verity will Ci ry Diamond Bar Professional Traffic Engineering On -Call staff that the proper equipment manufacture and model numbers are used, DKS, will coordinate with the City at the beginning of the project to obtain the latest approved specifications/special provisions and any special equipment that needs to be included. The specifications/special provisions will be in conformance with the latest editions of the APWA Standard Plans and Specifications, Caltrans Standard Plans and Specifications, CA MUTCD, and the City of Diamond Bar's requirements. Phase IV: Bid Advertisement and Construction After the approval of the design plans by the City, DKS is readily available to provide construction support services at the City's request, Result/Deliverables: Our plan submittals will be at 60%, 90% and 100°/x. Specifications/Special Provisions submittals will also be at 60%, 90%, and 100%. DKS will provide hard copies and electronic files In Microsoft Word format per submittal. DKS has a considerable experience in preparation of concept plans and exhibits iortransportation improvement projects For the preparation of the concept plans, DKS will prepare base maps of existing conditions which Includes existing utilities, DKS will use the base maps and prepare conceptual plans and/or design alternatives that identify key issues, design constraints, and recommendations. The concept plans and exhibits can be prepared with varying level of details based on specific requirements and purpose for the City. DKS will coordinate with City staff to determine the ultimate purpose of the concept plans in order to Include specific details in the plan. Based upon the City's approval, DKS will move forward with the preparation of the design plans If required. Result/Deliverables: Approved preliminary concept plans DKS has a considerable experience in preparing a detailed construction all types of transportation improvement projects. Our unit costs for each ite results, Caltrans bid results (from website), costs provided by the signal/communication equipment vendors and from contractors. Exhibit B to the right represents the flow of Information that we use to update our cost estimate data. DKS will update our unit costs at the beginning of this contract and, at a minimum, once a year. DKS uses a spreadsheet that includes a description of each item r, , r I p associated with the work, unit type, unit cost, total cost 0 ga for each Item, and total project cost. DKS has experience Exhibit B: Project Flow Chart In providing value engineering services to the client. For example, DKS will request the specifications of the proposed equipment from the City and will research to find the most cost effective models of the proposed equipment which would infill the requirements and specifications of the City. ResullUDeliverables: Construction quantities and engineer's cost estimates at 60%, 90%, and 100°/x. DKS will provide hard copies and electronic files In Microsoft Excel format per submittal, quantities and engineer's cost estimates for m will be based on recent local agency bid i ,iiio, l. :.d(, ,ri fil�il_ .I I'�.��tUf .iiiP',t DKS has extensive experience In preparation of traffic signal timing plans and coordination plans for numerous public agencies. DKS Is familiar with needs of different systems and software while preparing the signal timing plans. DKS typically breaks down the preparation or signal timing plan into the following Tasks: • Task 1: Field Review and Data Collection • Task 2: Preparation of Existing Model Diamond Bar Professional Traffic Engineering On -Call illillill 111111 11111, Pill 11 1111 11111111111 1 'V, ® Task 3: Preparation of Proposed Tin Ings ® Task A Signal Timing Implementation and Fine Tuning Task 1: Field Review and Hata Colleciion The field review task has three primary purposes: 1) provide the necessary field data to calibrate the Synchro/Vissim model, 2) identify potential operational deficiencies that may or may not impact the ultimate recommendations, and 3) assess the existing field equipment to verify the equipment procured will function as anticipated. Key elements of the field review will include: ventying roadway segment distances, travel speeds, curb -lane widths, land uses, pedestrian and bike activity, bus stops, parking, freight Issues, driveway influence, detection system type and health, Intersection and corridor operations, signal phasing, and existing signal and communications equipment. DKS will verify communication system architecture and identify the connectloty paths of each study intersection to a time source (either to a central system or GPSNVWV clock). Photos will be taken to document equipment inside traffic signal cabinets and/or communication cabinets. As a part of the field reviewtask, DKS will coordinate with the involved agencies and identity all planned/future improvements and/or upgrades that would impact our analysis along the study corridor. This information will be discussed with Diamond Bar and the involved agency to determine if these improvements should be included in the model. Specific attention will be given to elements that may Impact corridor wide progression, such as over saturated intersections, closely spaced signalized intersections, freeway ramps, uneven lane distribution of traffic, heavy trucks and buses, locations of bus stops, locations of schools, parking, driveways for significant (special attractor) traffic generators, and heavy bicycle/pedestrian Influence. DKS will obtain latest signal timing plans and co-ordination plans for the City/Caltrans for all intersections in order to Include existing timing data In the model DKS will Inventory any deficiencies ofthe existing traffic signal control equipment as well as geometric improvements and provide recommendations for simple mitigations, If available, for Implementation ?ask 2.: Preparation of Existing model DKS will develop, code, and calibrate the Synchro model for all peak hours to actual field conditions based on counts and field review of the corridor. The development of the model and Its calibration will be based upon traffic volume data and field conditions. Task 3: Preparation of Proposed linings The development of the final number of timing plans will be based upon traffic volume data and field conditions analyses. At a minimum, DKS will provide timing plans for weekday a.m., midday, and p.rn. periods. Plan development will include evaluating various cycle lengths for each time period and developing sub -groupings of signals to be optimized for the different time periods. The signal timing optimization analysis process takes Into consideration each corridor's characteristics using a traffic operations model, simulation software, and engineering judgment to develop optimal signal timing and coordination plans. The traffic model will be calibrated based on the data collection and field review, including travel time/delay studies, observations of queue lengths, and saturation flows. DKS evaluates cycle lengths through various parameters and considerations. While Synchro Is used for an input, Websens equation, cross arterial/Caltrans requirements, pedestrian/bicycle issues, left -tum phasing, continuity in signal groups and potential for 1/2 cycling are all considered In the evaluation If cycle length. DKS will use Synchro to develop the trafic model and conduct the signal synchronization optimization analysis We can also use PN Vlstro If the City chooses. These tools will be used to understand existing and proposed traffic operations, the effects of planned Improvements, and to fine tune the new timing plans. The optimum cycle length and splits will serve the demand for each study intersection and accommodate the minimum pedestrian and bicycle times for all phases, providing the maximized throughput throughout each corridor. The appropriate left -turn phasing operations and rotation will be determined and recommended. Coordinated crossing arterials will be maintained or adjusted with minimal Diamond Bar Professional Traffic Engineering On -Cali disruption to the entire system, The new signal timing plans and coordination plans will be prepared in Synchro format and will be converted No the preferred 'format of the City DKS also has experience In converting the existing signal timing plans Into the new format If the City pians to install new controllers and software in the TMC. Task d; Signal Timing Implementation and rine TunlrFg DKS is prepared to implement the proposed new signal timing plans into the Intersection if the City chooses to do so. Upon the approval of the traffic signal timing plans for each time of day, Implementation -ready timing sheets will be developed In controller specific formats requested by each agency, Field observation and fine tuning of the plans under live conditions will be crucial to achieving the best possible coordinated flows along the corridor. Once the proposed signal timing plans have been implemented, DKS staff will work with each agency to conduct field reviews after the deployment of the timing plans, DKS understands some agencies will play greater roles In the Implementation phase and we will define roles and responsibilities at the kickoff meeting to avoid duplication of effort and allow our work to complement agency efforts. Upon completion of the field fine-tuning, DKS will revise the signal timing sheets and deliver final timing plan sheets to each Individual agency for ffs records and use, DKS Is experienced in preparation and review of traffic Impact studies for public agencies and private developers, DKS is proficient in conducting the CEQA related Level of Service (LOS) analysis of Intersections and roadway segments as part of the Traffic Impact study and Is familiar with city -specific requirements for approvals. DKS will determine the significant impacts of a proposed mixed use development on the intersections and roadway segments, DKS will recommend feasible Improvement measures In order to mitigate the significant Impacts, In additions to the LOS analysis, DKS will Include access analysis, parking analysis, and on-site circulation recommendations In the traffic impact analysis report it requested. In addition to the traffic studies, DKS has has experience In traffic calming strategies to mltlgate the Impacts of the cut - through traffic through residential neighborhoods. Numerous traffic calming strategies such as chicanes, speed bumps, chokers, narrow driving lanes, and mid -block bulb -outs which would discourage the traffic from using a roadway facility could be Implemented. With the understanding that the City may request other tasks under the on-call services contract, we believe it is important to illustrate our knowledge of and experience performing these services. Signing and Striping Plans. DKS prepares signing and striping plans for agencies throughout Southern California We are familiar with the City's Standard Plans for signing and striping and use them as reference for design. We will also use the CA MUTCD and Caltrans Standard Plans and Specifications when appropriate. A critical step will be to obtain approval on lane widths, transitions, and joining existing conditions to minimize the City's review and approval time, Bicycle and Pedestrian Studies. DKS designs and Implements innovative bicycle solutions, Including bike boulevards, advisory bike lanes, bike signals, bike boxes, buffered bike lanes, shared -use paths, and arterial crossing treatments, We enhance bicycle lanes and trails by seamlessly transitioning between facility types, Through our comprehensive and integrated multimodal technologies, we have designed safe, convenient, and productive pedestrian and bicycle networks throughout the country. We bring the City of Diamond Bar local experience backed by a national perspective, Traffic Signal Warrant Analysis. DKS conducts traffic signal warrant analyses as per CAMUTCD 2014, Chapter 4C at Intersections In the City of Diamond Bar. The traffic warrants will be conducted to In order to determine It the Intersection warrants a traffic signal Diamond Bar Professional Traffic Engineering On -Call Tra fie Control Plans. DKS prepares and reviews traffic control and staging plans for agencies throughout Southern California, We are familiar with the City's requirements and will use the latest edition o`i the Work Area Traffic Control Handbook, CA MUTCD, and Caltrans Standard Plans and Specifications as appropriate A critical step will be to obtain agreement on staging, work areas, lane closures, transitions, and work during non -peak and peak hours to minlmize the City's review and approval time. DKS is currently working for the City of Pomona to review their traffic control pians. DKS staff works at the City hall as an extension of the City staff on a weekly basis in order to review and approve the traffic control plans for utility work. AbNity to Perfor i the Scope of Work The DKS Team is well-suited to provide traffic engineering on-call services for the reasons that, ® Our key staff members have more than adequate availablllty ® We understand what it takes to deliver successful on-call services ® Our technical skills match key Cry of Diamond Bar's needs Our P, -V tra$ haS ,!;INC' than a'i,9gv r la,at r1 t'� �'isff 8,� DKS has the availability and resources to meet the City of Diamond Bar's needs for a variety of transportation planning and engineering projects. DKS has a local Southern California office and our key personnel can be readily available to meet any request. We commit to having staff available for all projects and tasks assigned under this contract, Our office managers meet weekly with staff to monitor backlog and project deliverables and to ensure our clients' needs are met. v ,,told fl t mafJt tah a s to vE't s'WC,'6j ° -'-n,-'Gt DKS has served as an on-call traffic engineer for numerous public agencies throughout California, Oregon, and Washington. For many of these agencies, DKS has been the on-call traffic engineer for two decades, demonstrating our ability to establish and maintain long-term client relationships. In the on-call traffic engineer role, DKS has successfully completed hundreds of transportation planning and engineering design projects. Many of the on-call projects involve extremely short timeframes and required DKS to respond quickly with little to no prior notice. DKS has extensive on-call credentials, and we are set up to effectively manage on-call contracts. Along with several other on -calls, DKS has provided quality consulting services to OCTA as pari of their on-call traffic engineering program. We are on the City of Anaheim's on-call services roster and have received and completed four task orders in the last year, We have also completed assignments in Pomona and continue to work forthese agencies on additional assignments. '' t i .Chiscat 13kii?C klatch City fs 1+ a 7Uoi Bio P, FY hi ds The DKS team is well suited to provide traffic engineering on-call services. Key services expected for the City of Diamond Bar traffic engineering on-call Include preparing PS&E for traffic transportation engineering projects, preparing traffic review and calming studies, preparing/reviewing traffic signal timing/coordlnaffon plans, preparing concept design plans, providing value estimating services, and providing bid support, Diamond Bar Professional Traffic Engineering On -Gall �.y •. • �y • • _ Our methodology and approach to managing the requested services will provide the City of Diamond Bar with quality work, a responsive project manager, past experience on similar projects, and a depth of resources and staffing that will meet the needs of any assigned task order. Our team will: • Provide strong leadership and assist the City with moving the project forward • Involve City staff at the right time and provide advance notice prior to needing staff Involvement • Always go the extra mile by providing additional assistance to local agencies or project stakeholders, includ;ng helping with meeting logistics, engaging stakeholders In advance of key decisions, or providing additional research on issues of interest • Always be available and return phone calls and emails within 24 hours • Listen and be flexible to accommodate evolving project needs and new ideas Task O rtull�er MaS`'saCIefi For each task order assigned, we will seek to clearly understand the local history, key Issues, and stakeholders and work with City staff to develop a process that will promote effective decisions and lead to broad community support and approval, Exhibit C and the following Text describe our overall work order management process. Project Initiation Project Execution As each work order is requested, Kenny Chao will meet with the City's project manager to confirm the project's purpose and desired outcomes. If the project requires a specific area of expertise, Kenny will call on one of our experts to participate in further discussions to define the project, and identify, key issues, and the primary stakeholders involved, If a different department within the City is involved, Kenny will include appropriate department staff members in these discussions to assure their concerns and expectations are understood. r a Kenny will select our team members based on project needs and our team members' demonstrated experience and skills Once the project has been defined, we will develop the scope of work and provide a schedule and budget The scope development process will be assigned a deadline and undergo a quality review. Using the final scope of work, our project manager will develop a detailed schedule showing the timing, duration, and interdependencies of tasks, review periods, meetings, and outreach efforts. Through a team review, we will identify areas of risk, critical deadlines, and timing for key resources and meeting notices Following notice to proceed, we will coordinate resources, oversee the completion of technical tasks, and keep the Diamond Bar Professional Traffic Engineering On -Call tl �'y��: Ga�.1' y` Project Customer Closure Service Monitoring Exhibit C:Project; Raw Chad As each work order is requested, Kenny Chao will meet with the City's project manager to confirm the project's purpose and desired outcomes. If the project requires a specific area of expertise, Kenny will call on one of our experts to participate in further discussions to define the project, and identify, key issues, and the primary stakeholders involved, If a different department within the City is involved, Kenny will include appropriate department staff members in these discussions to assure their concerns and expectations are understood. r a Kenny will select our team members based on project needs and our team members' demonstrated experience and skills Once the project has been defined, we will develop the scope of work and provide a schedule and budget The scope development process will be assigned a deadline and undergo a quality review. Using the final scope of work, our project manager will develop a detailed schedule showing the timing, duration, and interdependencies of tasks, review periods, meetings, and outreach efforts. Through a team review, we will identify areas of risk, critical deadlines, and timing for key resources and meeting notices Following notice to proceed, we will coordinate resources, oversee the completion of technical tasks, and keep the Diamond Bar Professional Traffic Engineering On -Call project team and stakeholders informed of the project's status and any new findings. Project health will be continuously monitored to identify areas requiring attention. Phone conferences will be held with the City's project manager and key stakeholders twice a month to identify issues early and keep everyone Informed of the project's status. DKS uses web - based project management tools, such as Basecamp, that will give all team members and City staff access to archived deliverables, milestone schedules, to-do lists, and a history of project communications further fostering a collaborative working environment. As each project comes to a close, Kenny will confirm that all final deliverables have been provided, These deliverables will remain archived online in Basecamp for access long after the project Is closed. Final invoices will be processed quickly to facilitate contract administration W r> Iverformed on Short 'Notice DKS is fully equipped to undertake any project from the City on a short notice, Adequate staff will be assigned to the project based on the scale and the schedule of the project involved. DKS is aware of the specific needs of the City and will be prepared to take on any request and projects from the City on a short notice. DKS Is willing to fulfill all realistic deadlines that the City Is expecting for their projects, DKS has adequate resources at its disposal which could be mobilized to fulfill any requirements of the City on a short notice. Oud- ify Assurance 9 rograrn Quality Is a fundamental business value at DKS. We manage the delivery of high-quality and cost-effective services completed by our staff by application of an Internal Quality Control Manual that is used on all projects. It includes procedures and checklists. For example, the DKS project manager will provide a commenUresponse matrix as appropriate in order to track action items and project related issues. For design and plan checking, the DKS team will use a color -coded system for marking up, drafting, back checking, and reviewing plans. As plans are developed, each marked -up plan will include a stamp. This stamp will be filled out for each plan sheet as it Is originated (marked -up), drafted and reviewed. Draft plans and mark-ups will be saved until the project Is completed. This system has proven to be valuable on all sizes and types of projects and has become a standard within DKS. To ensure that all of the City's comments on deliverables are received and considered, DKS will log all the City's comments into a spreadsheet and provide responses to each one. This spreadsheet will be returned to the City with the submittal. A similar approach will be taken to meet this contracts requirements. J�a Consistent and direct communication Is critical to the success of any project. DKS will work in a transparent environment, allowing open communication of Issues before they become problems, offering alternative solutions, and If necessary, suggesting scope and schedule changes to proactively address our collective needs. This will ensure that, as a team, we will deliver the best value of services to the public. At DKS, our most successful senior project managers serve our clients, They are trained in producing transportation projects on time and on budget. DKS's In-house project development procedures provide a consistent, successful approach to serving our clients. The manual outlines both technical and administrative tools to manage protects with the maximum time available to serve the client and minimal time to effectively address administrative matters Most Importantly, DKS project managers have a thorough technical understanding of transportation tasks and are able to oversee projects from both the management and technical perspectives, Diamond Bar Professional Traffic Engineering On -Call Our commltment to on-time performance Is rooted In our flrmwide goals, The DKS Anaheim office has a simple goal that every employee knows and is evaluated upon each year: "Maintain a positive working environment to satisfy clients with high -qua ity work produced on time and on budget," The successful completion of work tasks depends upon ensuring adequate resources are available to perform tasks, establishing and maintaining a schedule, and producing excellent technical products. Based upon our experience, project success is achieved by: ® Establishing a clear view of the project needs ® Mobilizing the correct technical personnel for the task In an efficient manner ® Developing a decision tracking and monitoring program which delineates methodology ® Implementing recovery mechanisms mid -stream should subtasks lag Cost control and schedule on projects are areas of constant attention. DKS uses an advanced project management Information system (MIS) to monitor weekly expenditures and schedule on each project. Projects are reviewed on a weekly basis and the project manager has a detailed summary of milestones, labor, and direct costs by project task Incurred In the previous week. This continuous monitoring of budget and schedule assures projects can be maintained within budget and potential issues are Identified early to allow corrective measures to be taken to rectify possible problems. DKS has provided similar professional transportation consulting services to Southern California agencies. Our experience provides a blend of local knowledge and understanding with opportunities to review appllcations and techniques from other parts of the country. The table below highlights relevant project experience and the services provided, while more detailed project descriptions follow Diamond Bar Professional Traffic Engineering On -Call DKS has provided similar professional transportation consulting services to Southern Ca'dornia agencies. Our experience provides a blend of local knowledge and understanding with opportunities to review applications and techniques from other parts of the country. 1.Re Of Fornuna. 011-c"aR omona, GA DKS was selected as part of the City of Pomona on-call to provide traffic engineering services, DKS staff works at the Pomona City hall on a weekly basis as an extension to the City staff providing a variety of services such as technical reviews of traffic control plans, signing and striping plans, and signal modification plans. DKS assists In preparing technical memorandums, performing field verification and traffic related analysis on City's request, address neighborhood issues, and assist with public outreach. In addition to the staffing needs, DKS has worked on the following project as part of the on-call: ® Garey Avenue Median Improvement Project ® City of Pomona On -Call Staffing 'F L :Iii- I' :6 'i �.�: r ih. �, rfE� , ,, li E:, t ,n d11 r,a?, 44 City of Araheurr Ors -Gall, A.nahein-a, GA DKS provided the on-call traffic engineering services to the City of Anaheim. The primary services consisted of the preparation of plans, specifications and estimates (PS&E) fior traffic signal, intelligent transportation systems (ITS), signing/ striping Improvements and traffic control. Additional services Included bicycle and pedestrian planning, transportation planning studies, signal timing and analysis, GIS mapping and public outreach assistance. DKS was responsible for converting Main Street from one-way to two-way traffic, Including traffic signal operations analysis at the Intersection of 7th Avenue and Main Street, 'traffic signal modifications at 5th and 7th Avenues, signing, striping, parking layout, traffic signal communications and franchise utility underground infrastructure, The project included the evaluation and design of LED ornamental roadway lighting and GFI outlet design. Some of the additional projects DKS worked on as part of the contract are as follows: ® Anaheim Boulevard Corridor Traffic Signal Synchronization Project (TSSP) ® Changeable Message Signs (CMS) Design ® Anaheim Fire Station No.4 Traffic Signal Design ® Anaheim BOulevard/Vermont Avenue Traffic Signal Modifications ® Anaheim Regional Transportation Intermodal Center (ARTIC) Ridership Counts and Passenger Surveys I11 'N Q , rt, OCTA On -Gall Transportation Engineering, Orange County, CA As a part of the OCTA On -Call for Transportation Engineering, DKS prepared signal timings for intersections along numerous corridors. DKS has prepared signal timings for over 250 intersections that span 10 agencies. DKS inventoried and evaluated the traffic signal equipment, communications hardware, and signal interconnects. The project included data collection, analysis, development and deployment of time -of -day coordination plans for a.m., midday, p.m., and weekend peak periods, fine-tuning, and before and after travel time studies, DKS used Synchro (Version 8) and Tru - Traffic (Version 10) for the timing and synchronization analysisDKS provided an evaluation analysis using OCTAs Corridor Synchronlzation Performance Index that summarized the GHG ormislsons and other VI before and after mplementation. Below are the corridors which DKS has worked as part of the contract: ® Los Noes Boulevard CorridorTrafflc Signal Synchronization Project (TSSP) e Goldenwest Street Corridor Traffic Signal Synchronization Project (TSSP) ® State College Boulevard Corridor Tafflc Signal Synchronization Project (TSSP) t,t 1�ru rJ,tip Diamond Bar Professional Traffic Engineering On -Call CONSULTING SERVICES AGREEMENT Design THIS AGREEMENT (the "Agreement") is made as of October 4. 2016 by and between the City of Diamond Bar, a municipal corporation ("City") and Fehr & Peers, Inc.,a California corporation ("Consultant"). 1. Consultant's Services. Subject to the terms and conditions set forth in this Agreement Consultant shall provide to the reasonable satisfaction of the City the services set forth in the attached Exhibit "A", which is incorporated herein by this reference. As a material inducement to the City to enter into this Agreement, Consultant represents and warrants that it has thoroughly investigated the work and fully understands the difficulties and restrictions in performing the work. Consultant represents that it is fully qualified to perform such consulting services by virtue of its experience and the training, education and expertise of its principals and employees. Christian Malpica, Associate Engineer (herein referred to as the "City's Project Manager"), shall be the person to whom the Consultant will report for the performance of services hereunder. It is understood that Consultant shall coordinate its services hereunder with the City's Project Manager to the extent required by the City's Project Manager, and that all performances required hereunder by Consultant shall be performed to the satisfaction of the City's Project Manager and the City Manager 2. Term of Agreement. This Agreement shall take effect October 19, 2016, and shall continue until October 18, 2019 unless earlier terminated pursuant to the provisions herein. 3. Compensation. City agrees to compensate Consultant for each service which Consultant performs to the satisfaction of City in compliance with the scope of services set forth in Exhibit "A". Payment will be made only after submission of proper invoices in the form specified by City. 4. Payment. A. As scheduled services are completed, Consultant shall submit to City an invoice for the services completed, authorized expenses and authorized extra work actually performed or incurred. B. All such invoices shall state the basis for the amount invoiced, including services completed, the number of hours spent and any extra work performed. C. City will pay Consultant the amount properly invoiced within 30 days of receipt, but may withhold 5% of any invoice until all work is completed, which sum shall be paid within 30 days of completion of the work and receipt of all deliverables. D. Payment shall constitute payment in full for all services, authorized costs and authorized extra work covered by that invoice. 5. Change Orders. No payment for extra services caused by a change in the scope or complexity of work, or for any other reason, shall be made unless and until such extra services and a price therefore have been previously authorized in writing and approved by the City Manager or his designee as an amendment to this Agreement. The amendment shall set forth the changes of work, extension of time, if any, and adjustment of the fee to be paid by City to Consultant. 6. Priority of Documents. In the event of any inconsistency between the provisions of this Agreement and any attached exhibits, the provisions of this Agreement shall control. 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 Workers' Compensation laws regarding Consultant and Consultant's employees. Consultant further agrees to indemnify and hold City harmless from any failure of Consultant to comply with applicable Worker's Compensation laws. D. Consultant shall, at Consultant's sole cost and expense fully secure and comply with all federal, state and local governmental permit or licensing requirements, including but not limited to the City of Diamond Bar, South Coast Air Quality Management District, and California Air Resources Board. E. In addition to any other remedies it may have, City shall have the right to offset against the amount of any fees due to Consultant under this Agreement any amount due to City from Consultant as a result of Consultant's failure to promptly pay to City any reimbursement or indemnification required by this Agreement or for any amount or penalty levied against the City for Consultant's failure to comply with this Section. 8. Standard of Performance. Consultant shall perform all work at the standard of care and skill ordinarily exercised by members of the profession under similar conditions and represents that it and any subcontractors it may engage, possess any and all licenses which are required to perform the work contemplated by this Agreement and shall maintain all appropriate licenses during the performance of the work. 9. Indemnification. Consultant shall indemnify, defend with counsel approved by City, and hold harmless City, its officers, officials, employees and volunteers ("Indemnitees") from and against all liability, loss, damage, expense, cost (including without limitation reasonable attorneys' fees, expert fees and all other costs and fees of litigation) of every nature arising out of or in connection with: (1) Any and all claims under Worker's Compensation acts and other employee benefit acts with respect to Consultant's employees or Consultant's contractor's employees arising out of Consultant's work under this Agreement; and (2) Any and all claims arising out of Consultant's performance of work hereunder, not covered by Section (3) below, or its failure to comply with any of its obligations contained in this Agreement, regardless of City's passive negligence, but excepting such loss or damage which is caused by the sole active negligence or willful misconduct of the City. Should City in its sole discretion find Consultant's legal counsel unacceptable, then Consultant shall reimburse the City its costs of defense, including without limitation reasonable attorneys' fees, expert fees and all other costs and fees of litigation. The Consultant shall promptly pay any final judgment rendered against the Indemnitees. It is expressly understood and agreed that the foregoing provisions are intended to be as broad and inclusive as is permitted by the law of the State of California and will survive termination of this Agreement. Except for the Indemnitees, this Agreement shall not be construed to extend to any third party indemnification rights of any kind. (3) Any and all claims arising out of Consultants design professional services, Consultant shall, to the fullest extent permitted by law, Consultant agrees to indemnify , defend and hold Indemnitees harmless from all liability arising out of any claim, loss, injury to or death of persons or damage to property that arise out of, pertain to, or relate to the negligence, recklessness or willful misconduct of the Consultant in the performance of design professional services pursuant to this Agreement, except for such loss or damage which is caused by the sole or active negligence or willful misconduct of the City. 10. Insurance. A. Consultant shall at all times during the term of this Agreement carry, maintain, and keep in full force and effect, with an insurance company authorized to do business in the State of California and approved by the City the following insurance: (1) a policy or policies of broad -form comprehensive general liability insurance written on an occurrence basis with minimum limits of $1,000,000.00 combined single limit coverage against any injury, death, loss or damage as a result of wrongful or negligent acts by Consultant, its officers, employees, agents, and independent contractors in performance of services under this Agreement; (2) property damage insurance with a minimum limit of $500,000.00 per occurrence; (3) automotive liability insurance written on an occurrence basis covering all owned, non -owned and hired automobiles, with minimum combined single limits coverage of $1,000,000.00; (4) Worker's Compensation insurance when required by law, with a minimum limit of $500,000.00 or the amount required by law, whichever is greater; and (5) Professional liability insurance covering errors and omissions arising out of the performance of this Agreement with a combined single limit of $1,000,000. If such insurance is on a claims made basis, Consultant agrees to keep such insurance in full force and effect for at least five years after termination or date of completion of this Agreement. B. The City, its officers, employees, agents, and volunteers shall be named as additional insureds on the policies as to comprehensive general liability, property damage, and automotive liability. The policies as to comprehensive general liability, property damage, and automobile liability shall provide that they are primary, and that any insurance maintained by the City shall be excess insurance only. C. All insurance policies shall provide that the insurance coverage shall not be non -renewed, canceled, reduced, or otherwise modified (except through the addition of additional insureds to the policy) by the insurance carrier without the insurance carrier giving City thirty (30) day's prior written notice thereof. Consultant agrees that it will not cancel, reduce or otherwise modify the insurance coverage and in the event of any of the same by the insurer to immediately notify the City. D. All policies of insurance shall cover the obligations of Consultant pursuant to the terms of this Agreement and except for professional liability insurance, shall be issued by an insurance company which is authorized to do business in the State of California or which is approved in writing by the City; and shall be placed have a current A.M. Best's rating of no less than A-, VII. In the case of professional liability insurance, such coverage shall be issued by companies either licensed or admitted to conduct business in the State of California so long as such insurers possesses the aforementioned Best's rating. E. Consultant shall submit to City (1) insurance certificates indicating compliance with the minimum insurance requirements above, and (2) insurance policy endorsements or a copy of the insurance policy evidencing the additional insured requirements in this Agreement, in a form acceptable to the City. F. Self -Insured Retention/Deductibles. All policies required by this Agreement shall allow City, as additional insured, to satisfy the self-insured retention ("SIR") and/or deductible of the policy in lieu of the Consultant (as the named insured) should Consultant fail to pay the SIR or deductible requirements. The amount of the SIR or deductible shall be subject to the approval of the City, Consultant understands and agrees that satisfaction of this requirement is an express condition precedent to the effectiveness of this Agreement. Failure by Consultant as primary insured to pay its SIR or deductible constitutes a material breach of this Agreement. Should City pay the SIR or deductible on Consultant's due to such failure in order to secure defense and indemnification as an additional insured under the policy, City may include such amounts as damages in any action against Consultant for breach of this Agreement in addition to any other damages incurred by City due to the breach. G. Subrogation. With respect to any Workers' Compensation Insurance or Employer's Liability Insurance, the insurer shall waive all rights of subrogation and contribution it may have against the Indemnitees. H. Failure to Maintain Insurance. If Contractor fails to keep the insurance required under this Agreement in full force and effect, City may take out the necessary insurance and any premiums paid, plus 10% administrative overhead, shall be paid by Consultant, which amounts may be deducted from any payments due Consultant. I. Consultant shall include all subcontractors, if any, as insureds under its policies or shall furnish separate certificates and endorsements for each subcontractor to the City for review and approval. All insurance for subcontractors shall be subject to all of the requirements stated herein. 11. Confidentiality. Consultant in the course of its duties may have access to confidential data of City, private individuals, or employees of the City. Consultant covenants that all data, documents, discussion, or other information developed or received by Consultant or provided for performance of this Agreement are deemed confidential and shall not be disclosed by Consultant without written authorization by City. City shall grant such authorization if disclosure is required by law. All City data shall be returned to City upon the termination of this Agreement. Consultant's covenant under this section shall survive the termination of this Agreement. Notwithstanding the foregoing, to the extent Consultant prepares reports of a proprietary nature specifically for and in connection with certain projects, the City shall not, except with Consultant's prior written consent, use the same for other unrelated projects. 12. Ownership of Materials. Except as specifically provided in this Agreement, all materials provided by Consultant in the performance of this Agreement shall be and remain the property of City without restriction or limitation upon its use or dissemination by City. Consultant may, however, make and retain such copies of said documents and materials as Consultant may desire. 13. Maintenance and Inspection of Records. In accordance with generally accepted accounting principles, Consultant and its subcontractors shall maintain reasonably full and complete books, documents, papers, accounting records, and other information (collectively, the "records") pertaining to the costs of and completion of services performed under this Agreement. The City and any of their authorized representatives shall have access to and the right to audit and reproduce any of Consultant's records regarding the services provided under this Agreement. Consultant shall maintain all such records for a period of at least three (3) years after termination or completion of this Agreement. Consultant agrees to make available all such records for inspection or audit at its offices during normal business hours and upon three (3) days' notice from the City, and copies thereof shall be furnished if requested. 14. Conflict of Interest. A. Consultant covenants that it presently has no interest and shall not acquire any interest, direct or indirect, which may be affected by the services to be performed by Consultant under this Agreement, or which would conflict in any manner with the performance of its services hereunder. Consultant further covenants that, in performance of this Agreement, no person having any such interest shall be employed by it. Furthermore, Consultant shall avoid the appearance of having any interest which would conflict in any manner with the performance of its services pursuant to this Agreement. B. Consultant covenants not to give or receive any compensation, monetary or otherwise, to or from the ultimate vendor(s) of hardware or software to City as a result of the performance of this Agreement. Consultant's covenant under this section shall survive the termination of this Agreement. 15. Termination. The City may terminate this Agreement with or without cause upon fifteen (15) days' written notice to Consultant. The effective date of termination shall be upon the date specified in the notice of termination, or, in the event 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, unless the notice provides otherwise, except those services reasonably necessary to effectuate the termination. The City shall be not liable for any claim of lost profits. 16. Personnel/Designated Person. Consultant represents that it has, or will secure at its own expense, all personnel required to perform the services under this Agreement. All of the services required under this Agreement will be performed by Consultant or under it supervision, and all personnel engaged in the work shall be qualified to perform such services. Except as provided in this Agreement, Consultant reserves the right to determine the assignment of its own employees to the performance of Consultant's services under this Agreement, but City reserves the right in its sole discretion to require Consultant to exclude any employee from performing services on City's premises. 17. Non -Discrimination and Equal Employment Opportunity. A. Consultant shall not discriminate as to race, color, creed, religion, sex, marital status, national origin, ancestry, age, physical or mental handicap, medical condition, or sexual orientation, in the performance of its services and duties pursuant to this Agreement, and will comply with all rules and regulations of City relating thereto. Such nondiscrimination shall include but not be limited to the following: employment, upgrading, demotion, transfers, recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. B. Consultant will, in all solicitations or advertisements for employees placed by or on behalf of Consultant state either that it is an equal opportunity employer or that all qualified applicants will receive consideration for employment without regard to race, color, creed, religion, sex, marital status, national origin, ancestry, age, physical or mental handicap, medical condition, or sexual orientation. C. Consultant will cause the foregoing provisions to be inserted in all subcontracts for any work covered by this Agreement except contracts or subcontracts for standard commercial supplies or raw materials. 19. Time of Completion. Consultant agrees to commence the work provided for in this Agreement within (5) days of being notified by the City to proceed and to diligently prosecute completion of the work within the time frame designated per task or as may otherwise be agreed to by and between the Project Manager and the Consultant. 20. Time Is of the Essence. Time is of the essence in this Agreement. Consultant shall do all things necessary and incidental to the prosecution of Consultant's work. 21. Delays and Extensions of Time. Consultant's sole remedy for delays outside its control shall be an extension of time. No matter what the cause of the delay, Consultant must document any delay and request an extension of time in writing at the time of the delay to the satisfaction of City. Any extensions granted shall be limited to the length of the delay outside Consultant's control. If Consultant believes that delays caused by the City will cause it to incur additional costs, it must specify, in writing, why the delay has caused additional costs to be incurred and the exact amount of such cost within 10 days of the time the delay occurs. No additional costs can be paid that exceed the not to exceed amount absent a written amendment to this Agreement. In no event shall the Consultant be entitled to any claim for lost profits due to any delay, whether caused by the City or due to some other cause. 22. Assignment. Consultant shall not assign or transfer any interest in this Agreement nor the performance of any of Consultant's obligations hereunder, without the prior written consent of City, and any attempt by Consultant to so assign this Agreement or any rights, duties, or obligations arising hereunder shall be void and of no effect. 23. Compliance with Laws. Consultant shall comply with all applicable laws, ordinances, codes and regulations of the federal, state, and local governments. 24. Non -Waiver of Terms, Rights and Remedies. Waiver by either party of any one or more of the conditions of performance under this Agreement shall not be a waiver of any other condition of performance under this Agreement. In no event shall the making by City of any payment to Consultant constitute or be construed as a waiver by City of any breach of covenant, or any default which may then exist on the part of Consultant, and the making of any such payment by City shall in no way impair or prejudice any right or remedy available to City with regard to such breach or default. 25. Attorney's Fees. In the event that either party to this Agreement shall commence any legal or equitable action or proceeding to enforce or interpret the provisions of this Agreement, the prevailing party in such action or proceeding shall be entitled to recover its costs of suit, including reasonable attorney's fees and costs, including costs of expert witnesses and consultants. 26. Mediation. Any dispute or controversy arising under this Agreement, or in connection with any of the terms and conditions hereof, which cannot be resolved by the parties, may be referred by the parties hereto for mediation. A third party, neutral mediation service shall be selected, as agreed upon by the parties and the costs and expenses thereof shall be borne equally by the parties hereto. The parties agree to utilize their good faith efforts to resolve any such dispute or controversy so submitted to mediation. It is specifically understood and agreed by the parties hereto that mutual good faith efforts to resolve the same any dispute or controversy as provided herein, shall be a condition precedent to the institution of any action or proceeding, whether at law or in equity with respect to any such dispute or controversy. 27. Notices. Any notices, bills, invoices, or reports required by this Agreement shall be deemed received on (a) the day of delivery if delivered by hand during regular business hours or by facsimile before or during regular business hours; or (b) on the third business day following deposit in the United States mail, postage prepaid, to the addresses heretofore set forth in the Agreement, or to such other addresses as the parties may, from time to time, designate in writing pursuant to the provisions of this section. "CONSULTANT" Ferh & Peers 8141 E. Kaiser Blvd. #110 Anaheim, CA 92808 Attn.: Steven J. Brown Phone: 714 941-8800 E -Mail: s.brown@fehrandpeers.com "CITY" City of Diamond Bar 21810 Copley Drive Diamond Bar, CA 91765-4178 Attn.: David G. Liu Phone: 909 839-7040 E-mail: publicworks@diamondbarca.gov 28. Governing Law. This Agreement shall be interpreted, construed and enforced in accordance with the laws of the State of California. 29. Counterparts. This Agreement may be executed in any number of counterparts, each of which shall be deemed to be the original, and all of which together shall constitute one and the same instrument. 30. Entire Agreement. This Agreement, and any other documents incorporated herein by reference, represent the entire and integrated agreement between Consultant and City. This Agreement supersedes all prior oral or written negotiations, representations or agreements. This Agreement may not be amended, nor any provision or breach hereof waived, except in a writing signed by the parties which expressly refers to this Agreement. Amendments on behalf of the City will only be valid if signed by a person duly authorized to do so under the City's Purchasing Ordinance. IN WITNESS of this Agreement, the parties have executed this Agreement as of the date first written above. "Consultant" Ferh & Peers 8141 E. Kaiser Blvd. #110 Anaheim, CA 92808 By: Printed N Title: By: Printed Name: Title: Approved as to form: -39 David A. DeBerry, City Attorney "City" CITY OF DIAMOND BAR -02 Nancy A. Lyons, Mayor ATTEST: Tommye Cribbins, City Clerk *NOTE: If Consultant is a corporation, the City requires the following signature(s): (1) the Chairman of the Board, the President or a Vice -President, AND (2) the Secretary, the Chief Financial Officer, the Treasurer, an Assistant Secretary or an Assistant Treasurer. If only one corporate officer exists or one corporate officer holds more than one corporate office, please so indicate. OR The corporate officer named in a corporate resolution as authorized to enter into this Agreement. A copy of the corporate resolution, certified by the Secretary close in time to the execution of the Agreement, must be provided to the City. Business Search - Business Entities - Business Programs Page 1 of 1 Secretary of State Main Website Business Programs Notary & Authentications Elections Campaign & Lobbying Business Entities (BE) Online Services - E -File Statements of Information for Corporations - Business Search - Processing Times - Disclosure Search Main Page Service Options Name Availability Forms, Samples & Fees Statements of Information (annual/biennial reports) Filing Tips Information Requests (certificates, copies & status reports) Service of Process FAQs Contact Information Resources - Business Resources - Tax Information - Starting A Business Customer Alerts - Business Identity Theft - Misleading Business Solicitations Business Entity Detail Data is updated to the California Business Search on Wednesday and Saturday mornings. Results reflect work processed through Tuesday, September 27, 2016. Please refer to Processing ,Times for the received dates of filings currently being processed. The data provided is not a complete or certified record of an entity. Entity Name: FEHR & PEERS Entity Number: C1186502 Date Filed: 07/01/1985 Status: ACTIVE .Jurisdiction: CALIFORNIA Entity Address: 100 PRINGLE AVENUE, SUITE 600 Entity City, State, Zip: WALNUT CREEK CA 94596 Agent for Service of Process: MARION DONNELLY Agent Address: 100 PRINGLE AVENUE, SUITE 600 Agent City, State, Zip: WALNUT CREEK CA 94596 * Indicates the information is not contained in the California Secretary of State's database. • If the status of the corporation is "Surrender," the agent for service of process is automatically revoked. Please refer to California Corporations Code section 2114 for information relating to service upon corporations that have surrendered. • For information on checking or reserving a name, refer to Name Availability, • For information on ordering certificates, copies of documents and/or status reports or to request a more extensive search, refer to Information Requests; • For help with searching an entity name, refer to Search Tips. • For descriptions of the various fields and status types, refer toFieltl Descriptions and Sta_t_us Definitio— Modify Search New Search Printer Friendly Back to Search Results Privacy. Statement I Free Document Readers Copyright © 2016 California Secretary of State http://kepler.sos.ca.gov/ 9/28/2016 EXHIBIT "A" September 7, 2016 David G. Liu, P.E., Director of Public Works / City Engineer City of Diamond Bar Department of Public Works 21810 Copley Drive Diamond Bar, CA 91765-4177 Subject: Proposal to Provide on -Call Traffic Engineering Services: City of Diamond Bar Dear Mr. Liu: Thank you for the opportunity to submit this proposal. Excellence in on-call transportation planning and engineering services requires a firm that has a wide breadth of abilities and Fehr & Peers exemplifies that model. We offer 60 staff members in Southern California and a total of 250 throughout the companywhich gives us the ability to quickly and easily identify and employ the proper expertise for any transportation -related issues as they arise. The following document details our qualifications, approach, and staffing for this project. We look forward to working with you. Sincerely, FEHR & PEERS Steven J. Brown, P. E. Senior Vice President P16 -1160 -OC 8141 E. Kaiser Boulevard I Suite 110 1 Anaheim, CA 92808 I (714) 941-8800 I Fax (949) 859-3209 www.fehrandpeers.com City of Diamond Bar Professional on -Call Traffic and Transportation Engineering Services ,F September 2016 Fehr & Peers has specialized in providing transportation planning and engineering services to public and private sector clients since 1985. We develop creative, cost-effective, and results -oriented solutions to planning and design problems associated with all modes of transportation. We offer our clients the right combination of leading-edge technical skills and extensive knowledge of the communities in which we work to deliver comprehensive solutions and superior client service. We are nationally -recognized experts who routinely publish original research, serve on national committees, and teach courses to others in the industry. We do this while maintaining our commitment to translating those techniques into practical solutions. At Fehr & Peers, we take a creative, data -driven approach to each of our practice areas: • Travel behavior & forecasting • Multimodal operations & simulation • Transit planning • Bicycle & pedestrian planning • Sustainable transportation • Freight systems & airports • Integrated land use & transportation plans • Conceptual street & trail design • Transportation engineering & ITS design Maintaining this singular focus on transportation enables us to provide state -of -the -practice expertise to our clients. We are nationally -recognized experts in these areas as evidenced by the fact that we routinely publish many professional papers, serve on national committees, and teach courses to others in the industry. WHY CLIENTS HIRE US Clients hire Fehr & Peers because of our commitment to being the best at what we do. We live out this commitment in three distinct ways. First, we invest heavily in our culture to ensure that we are attracting and retaining the best and brightest staff in the industry. Second, we have a robust, internally -funded research and development program that enables us to develop new analytical methods and advance the state of the practice. And third, we survey every client at the completion of every project to assess their satisfaction and to identify areas for improvement. We are very proud of the impact this commitment has had on the communities we have been fortunate to serve. CORE PHILOSOPHY AND BRAND "Our mission is to empower every employee to develop effective and innovative transportation solutions that improve communities." At Fehr & Peers, improving communities is a central theme of our firm's mission. Our focus on improving communities doesn't end with our professional consulting —we support numerous non-profit and inspirational organizations. From our firm's inception in 1985, we have developed strong client relationships by following three core values: ® Professional integrity and honesty We are respected as a trustworthy firm. A problem -solving attitude We are known for using innovation and diligence to help our clients in significant ways City of Diamond Bar Professional On -Calf Traffic and Transportation Engineering Services r - September 2016 Responsive and hard working We have a reputation for providing high quality, superior service that continually exceeds our clients' expectations. IMPROVING COMMUNFIES Fehr & Peers offers the following advantages, which will enable us to serve the City of Diamond Bar effectively and efficiently in traffic and transportation engineering services: ® Transportation Specialization — Since Fehr & Peers focuses solely on transportation -related projects, our engineers and planners have achieved a high level of expertise in transportation and are able to complete projects in a timely and cost effective manner. ® Local Knowledge in Diamond Bar — We have found local knowledge to be particularly important for traffic and transportation engineering services. As a firm with multiple SoCal offices located in Los Angeles, Orange County, and Riverside, we have provided traffic and transportation engineering service to the City of Diamond Bar for over 10 years. We are very familiar with local circulation and City's needs and have applied this knowledge to efficiently complete needed assignments. ® Experience Working with Cities — Fehr & Peers has extensive experience working with hundreds of cities throughout California. Therefore, we are able to easily view issues from the City's perspective. The key to the Fehr & Peers approach to this on-call assignment is the designation of the appropriate staff to participate on projects as they arise. The following are our proposed key participants and brief resumes. The proposed project team will function as an integrated group of staff professionals. The success of projects depends on the individuals assigned and the availability of these individuals to fulfill their respective roles. This approach is a tradition with Fehr & Peers. Fehr & Peers has a staff of 14 in our Orange County office and nearly 250 employees companywide, including over 60 in Southern California. At the end of each week, we assign staff to specific projects for the upcoming week. These staffing assignments are then reviewed each Monday morning by management staff to work out any conflicts and resolve competing priorities. On a bi-monthly basis, we also prepare a 3 -month staffing forecast (based on our estimated "backlog") to guide assignments and recruiting efforts. We currently have several transportation -related "on-call' contracts that we are successfully serving along with our normal, onger-term projects. Given the geographic spread of our offices, we experience varying degrees of staff utilization due to differences in local economic conditions and the professional focus of each office. Through use of our companywide intranet, as well as intra -office travel and relocation, we are able to effectively balance workloads and meet or exceed client expectations for both typical and "on-call' assignments. Therefore, Fehr & Peers is pledged to provide quality support to the City of Diamond Bar for any task order. Mr. Brown is a Senior Principal with 30 years of experience in transportation planning and engineering. In addition to his 25 years of consulting experience, Mr. Brown was the Director of Transportation Planning for the City of Sacramento. He has managed projects in eight states that include the following disciplines: transportation master plans, traffic calming, environmental impact assessments, parking and circulation studies, bicycle and pedestrian facility plans, new -urbanist planning, freeway interchanges, intersection/signal designs and corridor studies. Mr. Brown earned a Master's Degree in Transportation from the University of California, Berkeley, and a Master's in Business Administration from Golden Gate 2 54 = City of Diamond Bar Professional On -Call Traffic and Transportation Engineering Services September 2016 lr*, University in San Francisco. He is a licensed traffic engineer in California. Mr. Brown has been serving as the Principal -in - Charge for our on-call work with the City of Diamond Bar. Registration: Licensed Traffic Engineer, State of California (TR1510) Mr. Pack began working for Fehr & Peers after receiving his degree in Civil Engineering from the University of California, Davis in 1999. He worked in the Bay Area market for over four years and worked in the Sacramento market for another five years before moving to Southern California in 2008. He has worked on a wide variety of transportation projects, from general plans and specific plans to detailed corridor, interchange, and signal coordination studies. Additionally, he has applied or developed travel demand forecast models on over 50 projects in the State of California. Jason has had papers/presentations accepted to the THE; National Roundabout Conference, the ITE National Conference, and the California APA Conferences. Jason also teaches two classes for the ASCE national webinar series on Roundabout Feasibility Assessment and Process of Signal Coordination. Mr. Pack is an expert on CEQA and NEPA assessment. Registration: Licensed Traffic Engineer, State of California (TR 2402) Ms. Luo has 13 years of experience in transportation planning. Her expertise includes traffic impact studies, transportation operational analyses using micro -simulation software, transportation planning studies, and Intelligent Transportation Systems. Major projects she has worked on include I-S/SR-56 Connectors PR in San Diego, US-50/Watt Avenue Interchange PR/ED in Sacramento, and the Corridor Performance Report for OCTA. Ms. Luo helps ensure that projects provide innovative solutions that benefit communities, such as travel time reduction. Anna's MS in Transportation Engineering was earned at Michigan State University. As a project manager, Ms. Luo is skilled at producing results while staying within budget. Ms. Luo has extensive experience in the City of Diamond Bar through work performed on our previous on-call contract. Registration: Licensed Traffic Engineer, State of California (TR2376) Mr. Peterman has 16 years of experience in the design of traffic signals and signal systems, Intelligent Transportation Systems, striping and signing, as well as pedestrian and bicycle improvements, for dozens of agencies, including Caltrans, public and private entities, and institutions. He has also been responsible for the development and implementation of specialized communications systems for transportation projects, including a wide array of hardware and software. He is proficient in analyzing signal operations and has extensive experience developing improved signal timing plans. His MS in Civil Engineering was earned at the University of Texas. Registrations: Licensed Civil Engineer, State of California (962301) and Licensed Traffic Engineer, State of California (#2177) Ms. Bourgeois is a registered Civil Engineering and Traffic Engineer in California with 14 years of experience in both the public and private sectors. She has a diverse range of experience, including local and regional transportation planning, municipal engineering, maintenance and operations of city streets, land development planning and construction, neighborhood traffic safety, aswell as extensive expertise in design. She has completed traffic engineering design forfreeway and local street lighting, traffic signals, pedestrian and bicycle facilities, roadway signing and striping, and traffic calming. Ms. Bourgeois has experience designing and managing both simple and complex transportation improvement projects and currently provides technical engineering support to Fehr & Peers' northern and southern California regions. She earned her BS in Civil Engineering from the University of California at Davis. 3 City of Diamond Bar Professional On -Call Traffic and Transportation Engineering Services September 2016 F Professional Licenses: Licensed Traffic Engineer, State of California (#2311) and Licensed Civil Engineer, State of California (#66261) Elliot Huang, EIT has over three years of experience in traffic engineering and transportation planning including traffic signal operations, traffic signal coordination, micro -simulation, corridor studies, interchange studies, and travel demand forecasting. He has a BS in Civil Engineering with specialization in Transportation Systems Engineering from the University of California, Irvine. Prior to his work at Fehr & Peers, Mr. Huang specialized in traffic signal operations. Mr. Huang has experience in the development, implementation, and fine tuning of traffic signal coordination plans using the Synchro and Tru -Traffic software platforms in regions including Orange County, the Inland Empire, and the San Francisco Bay Area. Mr. Huang has experience in working with Synchro, Tru -Traffic, VISSIM, TransCAD, CUBE, and a wide variety of other traffic engineering and transportation planning analysis tools. Mr. Huang has assisted on the City of Diamond Bar Transportation Performance Evaluation. Professional Registration: Engineer in Training, California #147868 City of Diamond Bar Professional On -Call Traffic and Transportation Engineering Services September 2016 Person Role/Expertise - Hourly Rate* Steven Brown, PE Principal -In -Charge, City contact, Traffic $265 Calming and Safety Expert Project Advisor, review of environmental Jason Pack, PE documents, document review, transportation $220 system planning, capital improvement projects Project Manager, highway and corridor studies, signal coordination, adaptive signal Tao "Anna" Luo, PE control, transportation performance $175 monitoring, congestion management program, big data applications Project Manager, highway and corridor Jaimee Bourgeois, PE studies, geometric design, signing and $157 striping, plan check Project Manager, intelligent transportation Josh Peterman, PE systems, adaptive signal control, signal $234 operations, design, engineering Transportation Engineer, signal operations, coordination, traffic studies, highway and Elliot Huang, EIT corridor studies, environmental impact $126 reports, big data, congestion management program *Hourly rates discounted at 10% off standard billing rates. 5 City of Diamond Bar Professional On-Ca(l Traffic and Transportation Engineering Services September 2016 /R Fehr & Peers' staff specializes in different areas of traffic and transportation engineering. This allows Fehr & Peers to provide general and specialty traffic engineering services for the City in attendance at various City Council, Traffic and Transportation Commission and public outreach meetings. Registered Civil and Traffic engineers are located locally and within the company to be available for these meetings. Professional Traffic Operation Engineers are also available for the assortment of services that the City could need at any given time. Fehr & Peers has a unique expertise in providing geometric design and traffic signal design services from the early planning stages of a project to the development of design plans and through final implementation in the field. We integrate our traffic engineering design and construction management expertisewith ourextensive knowledge of planning and operations to provide clients with the ideal combination of creative, yet practical solutions that address the needs of all travel modes. This comprehensive approach to transportation engineering is an obvious benefit to clients looking to make cost-effective decisions and develop biddable projects with minimal questions during construction. Fehr & Peers' staff has backgrounds in different areas of expertise and come together collectively to provide a complete range of expertise in the design of traffic engineering facilities. Our traffic engineering design experience includes traffic signal design, improvement, and modification plans, signing and striping plans, intersection improvement plans, and pedestrian/bicycle facility design. Fehr & Peers also provides specialized design services in the areas of: ® Intelligent Transportation Systems ® Signal Interconnect Systems ® Bicycle/Pedestrian Signals 4 Emergency and Railroad Pre-emption ® Traffic Calming Devices ® Ramp Metering ® Street, Walkway, and Bikeway Lighting ® Traffic Control/Management Plans ® Roundabout All of our design projects follow the comprehensive approach below in providing quality services: ® Extensive field reviews ® Close coordination with city and other agencies ® Close coordination with other design firms Preparation of Transportation Impact Studies is one of the core services provided by Fehr & Peers. We have completed hundreds of studies for public, private, and institutional clients to evaluate new land developments (e.g., an office park), changes to the street system (e.g., widening of a street), changes in circulation policies, and other actions that affect the transportation system. Fehr & Peers staff is exceptionally knowledgeable on the transportation study aspects of the California Environmental Quality Act (CEQA) and National Environmental Policy Act (NEPA). We are frequently asked to serve in a peer review role in making sure a document is as legally defensible as possible. Upon the City's request, we will provide transportation consulting services that cover but are not limited to the following areas: City of Diamond Bar Professional On -Call Traffic and Transportation Engineering Services September 2016 / ® Review the environmental studies/traffic impact studies for proposed development projects. Key components of study review include compliance with City's Traffic Impact Studies Guidelines and other regulatory documents, accuracy of technical analysis, reasonableness of analysis method and key assumptions, feasibility of mitigation measures, etc. ® Prepare engineering studies for traffic control plans (i.e., identify traffic control devices, signal or signing plans, construction detour plans, etc.), intersection or roadway operations (i.e., level of service calculations or operational simulation analysis), and speed surveys/speed limit determination. ® Prepare reports to help the City address citizen complaints and concerns related with proposed development projects, reoccurring traffic operational issues, or other construction activities. ® Prepare studies to address school safety issues. For example, we can help the City to apply the Safe Routes To School (SRTS) funds and conduct the study. Fehr & Peers will provide plan checking services and document review as an extension of the City staff. Plan checking and document review services rely on the reviewer to provide an un -biased review and also represent the needs of the City in improving and maintaining the quality of life for the residents of Diamond Bar. The multitude of experts in Fehr & Peers provides the City an extensive selection in obtaining review services for any and all types of traffic and transportation projects. Registered engineers and specialists within the entire company will be made available and assigned based on expertise and project description. The City will benefit from multiple experts and experience in providing the best solutions for the residents of Diamond Bar. Plan checks will be completed within one week of receipt of a complete PS&E package. Incomplete packages will delay the review of the package. Expedited review for traffic control plans will be reviewed and returned to the City within 24 hours. The following are the types of plans that Fehr & Peers can provide review for: ® Traffic signal plan ® Signing and striping plan ® Street lighting plan ® Interconnect plans including fiber optic ® Temporary traffic control plans ® ITS plans— closed circuit television camera systems, changeable message signs, etc. Fehr & Peers has extensive experience and innovative approach in preparation of Congestion Management Program (CMP) traffic data. We have been hired by OCTA to prepare and review the traffic data inventory for the CMP and program in 2013 which includes traffic data inventory (i.e., counts, geometrics, signal phasing, etc.) at over400 intersections in Orange County, intersection Level of Service compliance analysis, and development of the GIS database to store the information. As part of the 2015 CMP, we prepared the 2015 Corridor Operational Performance Report to continue monitoring the performance and prioritization of the corridors in the Orange County Signal Synchronization Network. We collected and analyzed the Inrix speed data in comparison to the GPS travel time data for the study corridors. Over the last five years, we have made great progress in implementing Big Data for large projects or at the county or MPO scale. With many of our projects at a more local level or focusing on non -auto performance indicators, we have heard from clients and project managers that refined data would greatly benefit their projects. To meet these needs, we are leveraging our relationships on past projects and continually developing new relationships to create a wide array of new options that help bring better data to inform better metrics and ultimately make better decisions. We are very familiar with the Los Angeles County Congestion Management Program and the methodologies. Upon the City's request, we will provide transportation services that cover but are not limited to the following areas: a Collect traffic data (i.e., counts, geometrics, signal phasing, etc.) for the CMP locations in the City ® Perform CMP level of service analysis for compliance monitoring 7 City of Diamond Bar Professional On -Call Traffic and Transportation Engineering Services September2076 ® Develop the GIS database to store the traffic data for other uses • Develop corridor performance measures and monitoring strategies Fehr & Peers' staff has designed hundreds of traffic signals for new installations and modifications. Many of these projects required the installation of signal interconnect, coordinated signal timing plans, and field implementation. Furthermore, many of these projects required meetings and coordination with multiple agencies including local Cities, Counties, and Caltrans. Use of computerized timing optimization algorithms has proven valuable in timing signal networks. We have utilized Synchro/SimTraffic, VISSIM, Tru -Traffic programs extensively for the preparation of timing plans for coordination of signal systems and analysis of traffic signal phasing and operations. As a nationwide traffic operations leader, we have provided training classes on Synchro and VISSIM to Caltrans, local jurisdictions, and other transportation consultants. We will also bring a balanced set of experience and knowledge for developing effective signal optimization and coordination plans for multiple jurisdictions to not only improve vehicular flow, but traffic safety and mobility for other transportation modes (i.e., buses, pedestrians, and others). We have developed the multi -modal LOS methodologies using simulation tools to improve the intersection and corridor operations for different transportation modes. On the City's request, we will provide transportation services that cover but are not limited to: • Identifythe Measures of Effectiveness (MOE) to evaluate the effects of the existing synchronization plans. The MOEs will include traffic flow served by the study corridor/intersection, travel times, average travel speed, number of stops, fuel consumption reduction, pollution reduction, and other corridor -wide MOEs. ® Determine optimization structure(s) — that is, use the same cycle length for the entire corridor or split the corridor into two or more zones and identify the desirable travel speed goal for the study corridor • Evaluate and modify signal timing and coordination parameters including split, offset, phasing sequence, etc. • Upon approval of the optimized signal timings by the City, we will implement or assist City staff in the implementation of, new signal timings. ® Fine-tune or assist City staff in the fine-tuning of the new settings and timings. We will fine-tune timings in the field and record all changes. Fine-tuning shall be conducted during times and days representative of the times and days for which coordination plans were developed. Communication is a vital component in the success of any capital improvement project— or any project for that matter. Fehr & Peers is a recognized leader in the forefront of many issues that affect not only engineers and City staff, but also the, community at large. Part of the services that Fehr & Peers will provide to the City to maintain communication with all parties involved, is by returning messages and inquiries within 24 hours, providing necessary support in communicating and transmitting documents via print, e-mail, ftp and internet web sites. Fehr & Peers' managers are trained to handle large value and highly visible projects, providing an invaluable service to City staff in managing any size project. Fehr & Peers has unmatched experience and expertise in providing transportation system planning and traffic engineering support for improvements to transportation systems throughout the western United States. We have successfully completed hundreds of projects involving complex infrastructure improvements for freeways, expressways, highways, arterials, interchanges, bus systems, bus rapid transit, light rail, inter -city rail, and freight transport systems. Fehr & Peers has provided engineering and systems applications support to the City in managing the traffic management center (TMC). The TMC provides the City with capabilities to manage the complex street network and various intelligent transportation systems (ITS) equipment in the City. The Traffic Operations discipline group within Fehr & Peers can continue to provide as -needed modeling services to solve any size problem for the City. City of Diamond Bar Professional On -Coll Traffic and Transportation Engineering Services ${G, September 2016 f COMPARABLE WORK Fehr & Peers has provided transportation engineering and planning services to the City of Diamond Bar since 2006. We have provided peer review and project management on multiple on-going projects in the City, including the SR-57/SR-60 Confluence Project, SR-60/Lemon Avenue Interchange Project, and SR-57/SR-60 Missing Connector Feasibility Study. The peer review consisted of reviewing the design, traffic operations and local circulation evaluation, and safety standards that affect freeways and local interchanges. Fehr & Peers also assisted the City with development of the Corridor Performance Report Card, preparation of the RFP for City's Adaptive Signal System Project, and assessment of potential improvements at arterial intersections. Fehr & Peers serves the City of Pomona with an on-call contract for a variety of specialty categories including: ® Traffic Engineering Design ® Plan Checks for Traffic Engineering Studies and Plan ® Transportation Project Development ® As -Needed Transportation Planning and Engineering ® Transit Planning and Operations ® Traffic Modeling ® Intelligent Transportation Services Planning and Engineering A recent example is a bulb out feasibility where the City of Pomona identified locations for potential installation of bulb outs. After a preliminary assessment of conditions conducted by the City, a subset of locations was determined to need additional information before a determination on feasibility could be rendered. Fehr & Peers conducted analysis at these selected locations to identify potential physical, operational or other constraints that would affect the feasibility of installing bulb outs on one or more corners of the intersection. Other work done by Fehr & Peers as part of this cn-call contract include traffic engineering and transportation planning studies such as active transportation, American Disabilities Act, and street rehabilitation. Fehr & Peers serves the City of Beverly Hills with an on-call contract for traffic engineering services. We have assisted the City in a wide range of tasks, including an in-depth assessment of safety and operations at a complex intersection, which included presentations to the City Council and Traffic and Parking Commission; development of a Transportation Division Procedures Manual for internal use; review of site plans for the new bikeshare stations; assessment and implementation of a pilot project to convert traditional school crosswalks to continental; evaluation of existing and proposed crosswalks to identify appropriate treatments/enhancements; and traffic -related concerns submitted by residents and business owners. We have also prepared plan check comments for temporary traffic control plans associated with minor encroachment permit work and very complex utility work associated with the Metro Westside Subway Project. We have commenced work on a signal modification and corridor synchronized timing plan update along Olympic Boulevard. City of Diamond Bar Professional On -Coif Traffic and Transportation Engineering Services September 2076 Aaron Kunz, Deputy Director of Transportation City of Beverly Hills 44 North Rexford Drive Beverly Hills, California 90210-3713 (310) 285-2563 Direct Matt Pilarz, Assistant Public Works Director City of Pomona S05 South Garey Avenue Pomona, CA 91766 (909)620-2354 Adolfo Ozaeta, City Traffic Engineer City of Westminster 8200 Westminster Boulevard Westminster, CA 92683 (714)548-3462 STATEMENT REGARDING TERMS AND CONDITIONS Fehr & Peers accepts all terms and conditions outlined in the Consulting Services Agreement provided in the request for proposals, except for the following sections in which we propose some modifications in red and strike -through: • §4-C Payment: City will pay Consultant the amount properly invoiced within 3S days of receipt, but may withhold 4004 5% of any invoice until all work is completed, which sum shall be paid within 35 days of completion of the work and receipt of all deliverables. ® §10-C Insurance: 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 te441-04thirty (30) day's prior written notice thereof. Consultant agrees that it will not cancel, reduce or otherwise modify the insurance coverage and in the event of any of the same by the insurerto immediately notify the City. STATEMENT REGARDING STAFF AVAILABILITY Fehr & Peers has the staff availability to provide the required services. As a large, multi -modal transportation planning and engineering firm, Fehr & Peers can make strategic use of our staff resources to suggest methods to quickly address unforeseen obstacles and move projects forward. 10 CONSULTING SERVICES AGREEMENT Design THIS AGREEMENT (the "Agreement") is made as of October 4. 2016 by and between the City of Diamond Bar, a municipal corporation ("City") and iteris. Inc., a Delaware corporation ("Consultant"). 1. Consultant's Services. Subject to the terms and conditions set forth in this Agreement Consultant shall provide to the reasonable satisfaction of the City the services set forth in the attached Exhibit "A", which is incorporated herein by this reference. As a material inducement to the City to enter into this Agreement, Consultant represents and warrants that it has thoroughly investigated the work and fully understands the difficulties and restrictions in performing the work. Consultant represents that it is fully qualified to perform such consulting services by virtue of its experience and the training, education and expertise of its principals and employees. Christian Malpica, Associate Engineer (herein referred to as the "City's Project Manager"), shall be the person to whom the Consultant will report for the performance of services hereunder. It is understood that Consultant shall coordinate its services hereunder with the City's Project Manager to the extent required by the City's Project Manager, and that all performances required hereunder by Consultant shall be performed to the satisfaction of the City's Project Manager and the City Manager 2. Term of Agreement. This Agreement shall take effect October 19, 2016, and shall continue until October 18, 2019 unless earlier terminated pursuant to the provisions herein. 3. Compensation. City agrees to compensate Consultant for each service which Consultant performs to the satisfaction of City in compliance with the scope of services set forth in Exhibit "A". Payment will be made only after submission of proper invoices in the form specified by City. 4. Payment. A. As scheduled services are completed, Consultant shall submit to City an invoice for the services completed, authorized expenses and authorized extra work actually performed or incurred. B. All such invoices shall state the basis for the amount invoiced, including services completed, the number of hours spent and any extra work performed. C. City will pay Consultant the amount properly invoiced within 30 days of receipt, but may withhold 5% of any invoice until all work is completed, which sum shall be paid within 30 days of completion of the work and receipt of all deliverables. D. Payment shall constitute payment in full for all services, authorized costs and authorized extra work covered by that invoice. 5. Change Orders. No payment for extra services caused by a change in the scope or complexity of work, or for any other reason, shall be made unless and until such extra services and a price therefore have been previously authorized in writing and approved by the City Manager or his designee as an amendment to this Agreement. The amendment shall set forth the changes of work, extension of time, if any, and adjustment of the fee to be paid by City to Consultant. 6. Priority of Documents. In the event of any inconsistency between the provisions of this Agreement and any attached exhibits, the provisions of this Agreement shall control. • 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 Workers' Compensation laws regarding Consultant and Consultant's employees. Consultant further agrees to indemnify and hold City harmless from any failure of Consultant to comply with applicable Worker's Compensation laws. D. Consultant shall, at Consultant's sole cost and expense fully secure and comply with all federal, state and local governmental permit or licensing requirements, including but not limited to the City of Diamond Bar, South Coast Air Quality Management District, and California Air Resources Board. E. In addition to any other remedies it may have, City shall have the right to offset against the amount of any fees due to Consultant under this Agreement any amount due to City from Consultant as a result of Consultant's failure to promptly pay to City any reimbursement or indemnification required by this Agreement or for any amount or penalty levied against the City for Consultant's failure to comply with this Section. 8. Standard of Performance. Consultant shall perform all work at the standard of care and skill ordinarily exercised by members of the profession under similar conditions and represents that it and any subcontractors it may engage, possess any and all licenses which are required to perform the work contemplated by this Agreement and shall maintain all appropriate licenses during the performance of the work. 9. Indemnification. Consultant shall indemnify, defend with counsel approved by City, and hold harmless City, its officers, officials, employees and volunteers ("Indemnitees") from and against all liability, loss, damage, expense, cost (including without limitation reasonable attorneys' fees, expert fees and all other costs and fees of litigation) of every nature arising out of or in connection with: (1) Any and all claims under Worker's Compensation acts and other employee benefit acts with respect to Consultant's employees or Consultant's contractor's employees arising out of Consultant's work under this Agreement; and (2) Any and all claims arising out of Consultant's performance of work hereunder, not covered by Section (3) below, or its failure to comply with any of its obligations contained in this Agreement, regardless of City's passive negligence, but excepting such loss or damage which is caused by the sole active negligence or willful misconduct of the City. Should City in its sole discretion find Consultant's legal counsel unacceptable, then Consultant shall reimburse the City its costs of defense, including without limitation reasonable attorneys' fees, expert fees and all other costs and fees of litigation. The Consultant shall promptly pay any final judgment rendered against the Indemnitees. It is expressly understood and agreed that the foregoing provisions are intended to be as broad and inclusive as is permitted by the law of the State of California and will survive termination of this Agreement. Except for the Indemnitees, this Agreement shall not be construed to extend to any third party indemnification rights of any kind. (3) Any and all claims arising out of Consultants design professional services, Consultant shall, to the fullest extent permitted by law, Consultant agrees to indemnify , defend and hold Indemnitees harmless from all liability arising out of any claim, loss, injury to or death of persons or damage to property that arise out of, pertain to, or relate to the negligence, recklessness or willful misconduct of the Consultant in the performance of design professional services pursuant to this Agreement, except for such loss or damage which is caused by the sole or active negligence or willful misconduct of the City. 10. Insurance. A. Consultant shall at all times during the term of this Agreement carry, maintain, and keep in full force and effect, with an insurance company authorized to do business in the State of California and approved by the City the following insurance: (1) a policy or policies of broad -form comprehensive general liability insurance written on an occurrence basis with minimum limits of $1,000,000.00 combined single limit coverage against any injury, death, loss or damage as a result of wrongful or negligent acts by Consultant, its officers, employees, agents, and independent contractors in performance of services under this Agreement; (2) property damage insurance with a minimum limit of $500,000.00 per occurrence; (3) automotive liability insurance written on an occurrence basis covering all owned, non -owned and hired automobiles, with minimum combined single limits coverage of $1,000,000.00; (4) Worker's Compensation insurance when required by law, with a minimum limit of $500,000.00 or the amount required by law, whichever is greater; and (5) Professional liability insurance covering errors and omissions arising out of the performance of this Agreement with a combined single limit of $1,000,000. If such insurance is on a claims made basis, Consultant agrees to keep such insurance in full force and effect for at least five years after termination or date of completion of this Agreement. B. The City, its officers, employees, agents, and volunteers shall be named as additional insureds on the policies as to comprehensive general liability, property damage, and automotive liability. The policies as to comprehensive general liability, property damage, and automobile liability shall provide that they are primary, and that any insurance maintained by the City shall be excess insurance only. C. All insurance policies shall provide that the insurance coverage shall not be non -renewed, canceled, reduced, or otherwise modified (except through the addition of additional insureds to the policy) by the insurance carrier without the insurance carrier giving City thirty (30) day's prior written notice thereof. Consultant agrees that it will not cancel, reduce or otherwise modify the insurance coverage and in the event of any of the same by the insurer to immediately notify the City. D. All policies of insurance shall cover the obligations of Consultant pursuant to the terms of this Agreement and except for professional liability insurance, shall be issued by an insurance company which is authorized to do business in the State of California or which is approved in writing by the City; and shall be placed have a current A.M. Best's rating of no less than A-, VII. In the case of professional liability insurance, such coverage shall be issued by companies either licensed or admitted to conduct business in the State of California so long as such insurers possesses the aforementioned Best's rating. E. Consultant shall submit to City (1) insurance certificates indicating compliance with the minimum insurance requirements above, and (2) insurance policy endorsements or a copy of the insurance policy evidencing the additional insured requirements in this Agreement, in a form acceptable to the City. F. Self -Insured Retention/Deductibles. All policies required by this Agreement shall allow City, as additional insured, to satisfy the self-insured retention ("SIR") and/or deductible of the policy in lieu of the Consultant (as the named insured) should Consultant fail to pay the SIR or deductible requirements. The amount of the SIR or deductible shall be subject to the approval of the City. Consultant understands and agrees that satisfaction of this requirement is an express condition precedent to the effectiveness of this Agreement. Failure by Consultant as primary insured to pay its SIR or deductible constitutes a material breach of this Agreement. Should City pay the SIR or deductible on Consultant's due to such failure in order to secure defense and indemnification as an additional insured under the policy, City may include such amounts as damages in any action against Consultant for breach of this Agreement in addition to any other damages incurred by City due to the breach. G. Subrogation. With respect to any Workers' Compensation Insurance or Employer's Liability Insurance, the insurer shall waive all rights of subrogation and contribution it may have against the Indemnitees. H. Failure to Maintain Insurance. If Contractor fails to keep the insurance required under this Agreement in full force and effect, City may take out the necessary insurance and any premiums paid, plus 10% administrative overhead, shall be paid by Consultant, which amounts may be deducted from any payments due Consultant. I. Consultant shall include all subcontractors, if any, as insureds under its policies or shall furnish separate certificates and endorsements for each subcontractor to the City for review and approval. All insurance for subcontractors shall be subject to all of the requirements stated herein. 11. Confidentiality. Consultant in the course of its duties may have access to confidential data of City, private individuals, or employees of the City. Consultant covenants that all data, documents, discussion, or other information developed or received by Consultant or provided for performance of this Agreement are deemed confidential and shall not be disclosed by Consultant without written authorization by City. City shall grant such authorization if disclosure is required by law. All City data shall be returned to City upon the termination of this Agreement. Consultant's covenant under this section shall survive the termination of this Agreement. Notwithstanding the foregoing, to the extent Consultant prepares reports of a proprietary nature specifically for and in connection with certain projects, the City shall not, except with Consultant's prior written consent, use the same for other unrelated projects. 12. Ownership of Materials. Except as specifically provided in this Agreement, all materials provided by Consultant in the performance of this Agreement shall be and remain the property of City without restriction or limitation upon its use or dissemination by City. Consultant may, however, make and retain such copies of said documents and materials as Consultant may desire. 13. Maintenance and Inspection of Records. In accordance with generally accepted accounting principles, Consultant and its subcontractors shall maintain reasonably full and complete books, documents, papers, accounting records, and other information (collectively, the "records") pertaining to the costs of and completion of services performed under this Agreement. The City and any of their authorized representatives shall have access to and the right to audit and reproduce any of Consultant's records regarding the services provided under this Agreement. Consultant shall maintain all such records for a period of at least three (3) years after termination or completion of this Agreement. Consultant agrees to make available all such records for inspection or audit at its offices during normal business hours and upon three (3) days' notice from the City, and copies thereof shall be furnished if requested. 14. Conflict of Interest. A. Consultant covenants that it presently has no interest and shall not acquire any interest, direct or indirect, which may be affected by the services to be performed by Consultant under this Agreement, or which would conflict in any manner with the performance of its services hereunder. Consultant further covenants that, in performance of this Agreement, no person having any such interest shall be employed by it. Furthermore, Consultant shall avoid the appearance of having any interest which would conflict in any manner with the performance of its services pursuant to this Agreement. B. Consultant covenants not to give or receive any compensation, monetary or otherwise, to or from the ultimate vendor(s) of hardware or software to City as a result of the performance of this Agreement. Consultant's covenant under this section shall survive the termination of this Agreement. 15. Termination. The City may terminate this Agreement with or without cause upon fifteen (15) days' written notice to Consultant. The effective date of termination shall be upon the date specified in the notice of termination, or, in the event 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, unless the notice provides otherwise, except those services reasonably necessary to effectuate the termination. The City shall be not liable for any claim of lost profits. 16. Personnel/Designated Person. Consultant represents that it has, or will secure at its own expense, all personnel required to perform the services under this Agreement. All of the services required under this Agreement will be performed by Consultant or under it supervision, and all personnel engaged in the work shall be qualified to perform such services. Except as provided in this Agreement, Consultant reserves the right to determine the assignment of its own employees to the performance of Consultant's services under this Agreement, but City reserves the right in its sole discretion to require Consultant to exclude any employee from performing services on City's premises. 17. Non -Discrimination and Equal Employment Opportunity. A. Consultant shall not discriminate as to race, color, creed, religion, sex, marital status, national origin, ancestry, age, physical or mental handicap, medical condition, or sexual orientation, in the performance of its services and duties pursuant to this Agreement, and will comply with all rules and regulations of City relating thereto. Such nondiscrimination shall include but not be limited to the following: employment, upgrading, demotion, transfers, recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. B. Consultant will, in all solicitations or advertisements for employees placed by or on behalf of Consultant state either that it is an equal opportunity employer or that all qualified applicants will receive consideration for employment without regard to race, color, creed, religion, sex, marital status, national origin, ancestry, age, physical or mental handicap, medical condition, or sexual orientation. C. Consultant will cause the foregoing provisions to be inserted in all subcontracts for any work covered by this Agreement except contracts or subcontracts for standard commercial supplies or raw materials. 19. Time of Completion. Consultant agrees to commence the work provided for in this Agreement within (5) days of being notified by the City to proceed and to diligently prosecute completion of the work within the time frame designated per task or as may otherwise be agreed to by and between the Project Manager and the Consultant. 20. Time Is of the Essence. Time is of the essence in this Agreement. Consultant shall do all things necessary and incidental to the prosecution of Consultant's work. 21. Delays and Extensions of Time. Consultant's sole remedy for delays outside its control shall be an extension of time. No matter what the cause of the delay, Consultant must document any delay and request an extension of time in writing at the time of the delay to the satisfaction of City. Any extensions granted shall be limited to the length of the delay outside Consultant's control. If Consultant believes that delays caused by the City will cause it to incur additional costs, it must specify, in writing, why the delay has caused additional costs to be incurred and the exact amount of such cost within 10 days of the time the delay occurs. No additional costs can be paid that exceed the not to exceed amount absent a written amendment to this Agreement. In no event shall the Consultant be entitled to any claim for lost profits due to any delay, whether caused by the City or due to some other cause. 22. Assignment. Consultant shall not assign or transfer any interest in this Agreement nor the performance of any of Consultant's obligations hereunder, without the prior written consent of City, and any attempt by Consultant to so assign this Agreement or any rights, duties, or obligations arising hereunder shall be void and of no effect. 23. Compliance with Laws. Consultant shall comply with all applicable laws, ordinances, codes and regulations of the federal, state, and local governments. 24. Non -Waiver of Terms, Rights and Remedies. Waiver by either party of any one or more of the conditions of performance under this Agreement shall not be a waiver of any other condition of performance under this Agreement. In no event shall the making by City of any payment to Consultant constitute or be construed as a waiver by City of any breach of covenant, or any default which may then exist on the part of Consultant, and the making of any such payment by City shall in no way impair or prejudice any right or remedy available to City with regard to such breach or default. 25. Attorney's Fees. In the event that either party to this Agreement shall commence any legal or equitable action or proceeding to enforce or interpret the provisions of this Agreement, the prevailing party in such action or proceeding shall be entitled to recover its costs of suit, including reasonable attorney's fees and costs, including costs of expert witnesses and consultants. 26. Mediation. Any dispute or controversy arising under this Agreement, or in connection with any of the terms and conditions hereof, which cannot be resolved by the parties, may be referred by the parties hereto for mediation. A third party, neutral mediation service shall be selected, as agreed upon by the parties and the costs and expenses thereof shall be borne equally by the parties hereto. The parties agree to utilize their good faith efforts to resolve any such dispute or controversy so submitted to mediation. It is specifically understood and agreed by the parties hereto that mutual good faith efforts to resolve the same any dispute or controversy as provided herein, shall be a condition precedent to the institution of any action or proceeding, whether at law or in equity with respect to any such dispute or controversy. 27. Notices. Any notices, bills, invoices, or reports required by this Agreement shall be deemed received on (a) the day of delivery if delivered by hand during regular business hours or by facsimile before or during regular business hours; or (b) on the third business day following deposit in the United States mail, postage prepaid, to the addresses heretofore set forth in the Agreement, or to such other addresses as the parties may, from time to time, designate in writing pursuant to the provisions of this section. "CONSULTANT" Iteris Inc. 1700 Carnegie Avenue, Suite 100 Santa Ana, CA 92705 Attn.: Ramin Massoumi Phone: 949 270-9527 E -Mail: rmm@iteris.com R City of Diamond Bar 21810 Copley Drive Diamond Bar, CA 91765-4178 Attn.: David G. Liu Phone: 909 839-7040 E-mail: publicworks@diamondbarca.gov 28. Governing Law. This Agreement shall be interpreted, construed and enforced in accordance with the laws of the State of California. 29. Counterparts. This Agreement may be executed in any number of counterparts, each of which shall be deemed to be the original, and all of which together shall constitute one and the same instrument. 30. Entire Agreement. This Agreement, and any other documents incorporated herein by reference, represent the entire and integrated agreement between Consultant and City. This Agreement supersedes all prior oral or written negotiations, representations or agreements. This Agreement may not be amended, nor any provision or breach hereof waived, except in a writing signed by the parties which expressly refers to this Agreement. Amendments on behalf of the City will only be valid if signed by a person duly authorized to do so under the City's Purchasing Ordinance. IN WITNESS of this Agreement, the parties have executed this Agreement as of the date first written above. "Consultant" Iteris 1700 Carnegie Avenue, Suite 100 Santa Ana, CA 92705 By: Printed Title: By: Printed Name: Title: Approved as to form: David A. DeBerry, City Attorney "City" • u0R0 0121: Bv: Nancy A. Lyons, Mayor ATTEST: Tommye Cribbins, City Clerk *NOTE: If Consultant is a corporation, the City requires the following signature(s): (1) the Chairman of the Board, the President or a Vice -President, AND (2) the Secretary, the Chief Financial Officer, the Treasurer, an Assistant Secretary or an Assistant Treasurer. If only one corporate officer exists or one corporate officer holds more than one corporate office, please so indicate. OR The corporate officer named in a corporate resolution as authorized to enter into this Agreement. A copy of the corporate resolution, certified by the Secretary close in time to the execution of the Agreement, must be provided to the City. 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ProcessinTimes for ........................ the received dates of flings currently being processed. The data provided is not a complete or certified record of an entity. Entity Name: ITERIS, INC. Entity Number: C1598600 Date Filed: 10/14/1987 Status: ACTIVE Jurisdiction: DELAWARE Entity Address: 1700 CARNEGIE AVE SUITE 100 Entity City, State, Zip: SANTA ANA CA 92705 Agent for Service of Process: REGISTERED AGENT SOLUTIONS, INC. Agent Address: 1220 5 ST STE 150 Agent City, State, Zip: SACRAMENTO CA 95811 * Indicates the information is not contained in the California Secretary of State's database. • If the status of the corporation is "Surrender," the agent for service of process is automatically revoked. 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Modify,5earch New,Search Printer Friendly Backto Search Results vriyacy, §tatement I Free_ogcgme„nt Readers copyright p 2016 California Secretary of State http://kepler.sos.ca.gov/ 9/28/2016 te 949.270.9400 iteris.com September 7, 2016 Christian Malpica Director of Public works/City Engineer City of Diamond Bar 21810 Copley Drive Diamond Bar, CA 91765 EXH BIT "0 1700 Carnegie Avenue, Suite 100 Santa Ana, CA 92705 Re: Proposal for Professional On -Call Traffic and "transportation Engineering Services P17-011217 Dear Mr. Malplca: Iteris, Inc. (Iteris) is pleased to submit this response to Request for Proposal (RFP) to provide On -Call Traffic and Transportation Engineering Services to the City of Diamond Bar (City). Iteris is a leader in applied informatics for the transportation systems and is headquartered in Southern California. The firm specializes in collecting and aggregating actionable data for contextually relevant solutions in traffic engineering, Traffic Signal Systems (TSS), Intelligent Transportation Systems (ITS), and transportation planning. The firm offers a Team of highly experienced engineers, planners, and data analysts with extensive knowledge of traffic management and operations. Iteris combines its specialties to design and implement innovative informatics solutions that help government agencies and municipalities reduce traffic congestion, enhance system reliability, improve mobility, and advance the development of thriving communities. Iteris proposes Mr. Gabe Murillo as Project Manager for this project. He will be the principal contact with the City and other entities per the City's direction. Mr. Murillo will oversee work from project inception to completion, and will also be responsible for coordinating staff activities and meetings. Iteris will provide the City with the following distinct advantages: ® Detailed, relevant experience working directly for the City of Diamond Bar. Iteris developed an effective working relationship with the City staff which allows Iteris to develop consensus, complete design, and deliver successful projects quicker. In Depth Adaptive System Integration and Operations Experience. Not only has Iteris supported agencies, City, state and federal, in adaptive system selection, implementation support and training of ATCS, but also in the actual integration and management of these complex systems. Having staff with experience throughout the entire process allows Iteris to put forward a team with project leaders with the skillset required to maintain and operate the City's future adaptive system regardless of which is selected. Familiarity with City of Diamond Bar's Traffic Communication System. Iteris staff includes Mr. Erlan Gomez, who was one of two systems engineers that integrated the City's traffic communication network. For the past eight years, Mr. Gomez has assisted in maintaining the communication network to ensure communication with the traffic controller, CCTVs, Battery Back-up Systems (BBS), and Video Detection Systems (VDS). Mr. Gomez' familiarity with the communication system will prove essential in maintaining the City's ITS devices. Understanding of 2070 controllers with D4 software. Mr. Murillo performed the timing conversions and integration of the first 2070 ATC controller with D4 software in the City of Diamond Bar. This led to the selection of 2070 ATC controllers with D4 software as the City's choice for all future controller upgrades. Iteris has the hands-on experience to not only maintain the City's future adaptive system but also the controllers that it will be supporting. Experienced Project Manager. Iteris has designated Mr. Murillo as the Project Manager for this project. Mr. Murillo has over 25 years of experience managing and delivering projects of identical scope and scale for agencies throughout the country and understands the needs the City of Diamond Bar related to current and future traffic operation needs. Not only has Mr. Murillo managed similar projects, but he also managed The City of Los Angeles' adaptive system, fully deployed adaptive systems for the City of Long Beach and currently for Washington, DC and provides nationwide training of FHWA's adaptive control selection and deployment processes utilizing System Engineering principles. Mr. Murillo's comprehensive knowledge of adaptive systems and traffic operations make him the ideal candidate lead current and future City timing and traffic management needs. Iteris has reviewed the sample agreement and the terms and conditions are acceptable, with the exception of the following three items which were formally submitted to the City of clarification: retention of invoice, designated personnel, and applicability of prevailing wage. Per the City's response, these open items will be considered (deleted or revised) if/when our proposal is selected for contract award. Thank you for the opportunity to submit our proposal. Iteris looks forward to assisting the City of Diamond Bar on important traffic and transportation engineering projects. Please contact me at (949) 270-9527 or rmm@iteris.com, or the designated Project Manager, Mr. Murillo, at (949) 270-9582 or gam2@iterls.com, should you have any questions. Sincerely, Iteris, Inc. Zk -- Ramin Massoumi, PE Senior Vice President & General Manager Transportation Systems ITER IS' RESPONSE TO REQUEST FOR PROPOSAL FOR Professional On -Cali Traffic & Transportation Engineering Services TABLE OF CONTENTS 1 INTRODUCTION .............. _..................... ...... .... ...... ..... ..... .................... ............................... ............... 1 2 PROJECT TEAM & RATES....................................................................................................................5 3 PROJECT APPROACH & METHODOLOGY... ....................... ............ ................................................... 7 4 PROJECT EXPERIENCE & REFERENCES ................................... .................. .......................... ._....... .... 14 APPENDIX- RESUMES..................................................................................................................................16 Figure 1— Project Team Organization ............... ..................... ._...................... -................... ......... ............... 5 1 aBLES. Table 1— Iteris' On -Call Experience ..................... .... ........ ............................................................. ................. 4 Table 2 — hey Team Member Hourly Rates...................................................................................................6 Iteris, Inc. l iii - --'- ITERIS' RESPONSE TO REQUEST FOR PROPOSAL FOR I - Professional On -Call Traffic & Transportation Engineering Services INTRODUCTION The City has requested qualifications to provide professional Traffic and Transportation Engineering services. This proposal focuses on Iteris' core areas of expertise — Transportation Planning, Traffic Engineering, and Intelligent Transportation Systems (ITS). The City will require the expertise of skilled transportation engineering professionals best suited to successfully complete a variety of projects. Iteris team members possess the required expertise and availability to achieve success for the City's project. Company Background Iteris is the market leader in applying informatics solutions to the transportation industry. Decades of expertise in traffic management, along with superior services , and patented products help detect, measure, and manage traffic and vehicular performance; minimize traffic congestion; and empower Iteris clients with solutions to better manage their transportation networks. The firm is headquartered in Santa Ana, CA with offices nationwide. Iteris team members are experts in the fields of traffic engineering, transportation planning, and Intelligent Transportation Systems (ITS). Iteris' knowledge of these practice areas enables the firm to provide comprehensive services ranging from initial traffic impact studies, transportation modeling, planning, systems engineering, and detailed design, through implementation and performance monitoring. Iteris combines the knowledge of transportation engineers, systems engineers, system integrators, software engineers, and transportation planners to offer an unmatched combination of talent and experience. Iteris develops and deploys innovative solutions that help agencies reduce traffic congestion, enhance transit use, monitor and manage transportation networks, and provide greater access to reliable traveler information. Iteris was founded based on the principle of providing quality solutions on time and within budget. Iteris is committed to the transportation industry, striving to apply in depth knowledge to solve the most challenging problems associated with the movement of people and goods to enhance a growing economy. Iteris promises principal -level commitment to all projects and takes a disciplined approach to each project based on ISO 9001 standards, starting with an understanding of end-user needs. Iteris delivers precise solutions that meet customer needs and expectations based on the following core competencies; Traffic Engineering and Operations Transportation Planning ITS Planning and Design ITS Systems Engineering and Architecture Systems Integration Operations and Maintenance On -Call Services Design -Build Contracting Construction Assistance Transit Connected Vehicle (CV) Systems Performance Analytics Goods Movement and Commercial Vehicle Operations (CVO) Advanced Traveler Information Systems (ATIS)/S11 Iteris, Inc. 1 1 a nv 1111 W0 Core Competencies ITERIS' RESPONSE TO REQUEST FOR PROPOSAL FOR Professional Cin -Call Traffic & Transportation Engineering Services Iteris has extensive, relevant experience in Traffic and Transportation Engineering, and has partnered with several agencies throughout California. Projects range from planning and design to the implementation of multimodal transportation systems. P', $-PIS 1=1'..,I �,II`d f=Lii 11'.!': F. Iteris offers experience in: Adaptive Systems Signal Design Signal System Deployment Signal System Selection Signal Operation/Coordination Traffic Circles Planning/Design Traffic Control Plans Training and Research Bicycle Lane Design Bulb -outs Design Intersection Modifications Lighting Design Parking Design Traffic Simulation Pedestrian Crosswalk Enhancement Road Widening/Realignment Warrant Studies ,P,FFl( �iGPfA.L lM1fdC: "s 5YI _I-IRGi,lN Tl0FJ Iteris offers experience in: Area -wide street network analysis Before and After studies Development of arterial traffic calming measures Inter -jurisdictional and regional traffic signal coordination optimizations Traffic signal phasing Signal timing/coordination analysis Transit Signal Priority timing Vehicular and pedestrian safety Iteris specializes in the design, evaluation, and operation of intersections and arterials to improve the efficiency and safety of vehicular traffic flow, pedestrian mobility, transit operations, and bicycle traffic. Iteris has co- authored the industry standard FHWATroffic Control Systems Handbook and has assisted multiple agencies throughout the United States in the development of signal operation standards. rrr car cc- .n nII re a U.11+noni .cot dmr ..,�wrr ernwus H,r MM EMEHIM � Wil' IEf R�O'3 - eva ox I,I n '� caravan xJ 51 .r orr pier uttsl �raAwi a e erns Iteris excels in the assessment of existing traffic signal timing operations to improve the efficiency and safety of vehicular traffic flow, pedestrian mobility, transit operations and bicycle traffic. Iteris continues to innovate in developing advanced solutions to complex problems with traffic operations. Iteris has extensive experience successfully completing numerous signal timing optimization projects throughout the country. Iteris, Inc. 1 2 ITERIS' RESPONSE TO REQUEST FOR PROPOSAL FOR -- Professional On-Caii Traffic & Transportation Engineering Services i T IOt l Every successful project begins with thorough yaq I f,l;jr; planning, from site access studies for neighborhood commercial centers to route alignment studies for Iteris offers experience in: new rail corridors. Iteris applies technical planning - Airport Ground Access expertise to a wide variety of transportation = Area -wide circulation Plans projects, establishing a solid foundation of success in Bus Rapid Transit (BRT) Transportation Planning. Iteris thoroughly Climate change/VMTAnalysis understands the project development process and the importance of corridor Studies building public consensus in order to implement successful, long-term < environmental studies transportation solutions. Iteris offers experienced transportation planners Goods Movement who exemplify innovation in multimodal travel demand modeling, Land -Use Planning traditional and innovative transportation planning, and traffic engineering. Master Plan Development Iteris' transportation planners apply travel demand modeling to prepare Micro -Simulation Neighborhood Traffic Impacts transportation master plans for cities and counties, as well as for large Non -Motorized Planning private development projects. Iteris' expertise in goods movement analysis _- Parking Studies and forecasting makes the firm a leader in traffic analysis, circulation, and Policy Analysis master planning for ports and airports. In addition, Iteris' expertise in Rail and Transit Planning traffic operations analysis allows the firm to team with agencies proposing -- Strategic Transportation Plans roadway and freeway improvements. Iteris has been involved in every - System Performance Monitoring facet of transit planning, from conceptual corridor alignment studies to Traffic Impact Analysis environmental clearance of light rail, heavy rail, commuter rail, and Bus -- Traffic Impact Fee Analysis > Traffic operations Analysis Rapid Transit (BET). Iteris is also at the leading edge of traffic impact fee Transportation Finance studies, climate change analysis related to transportation, and can assist Travel Demand Modeling and clients with Senate Bill 743 (SB -743) Vehicle Miles Traveled (VMT) analysis, Forecasting climate action plans, and transportation systemsustainability planning. I`<E T h11 Id:. T IO1 I A' sISIAfJCE Iteris offers experience in: ITS Surveillance Elements • Communications Infrastructure < Traffic Management Planning Traffic Maintenance during Construction Staged Construction Analysis Community Outreach/Consensus Building Traffic Signal Systems Traffic Management Centers Signing and Striping Plans Detour Plans _ Pre -construction Planning Iteris helps keep traffic moving during project construction. The company's ITS, traffic engineering, and transportation planning experts provide a dynamic combination of skills to anticipate traffic management challenges and implement traffic control plans and design during the different phases of development. Iteris has significant experience in building consensus on construction period traffic patterns among public agencies, business owners, and the public. Iteris also designs temporary installations of traffic control devices such as video/ radar detectors, Dynamic Message Signs (DMS), and ramp meters that can be relocated during various stages of construction. Traffic Management Plans (TMP) frequently utilize portable DMS and highway advisory radio. Iteris prepares plans for temporary parking, temporary access to adjoining properties, and transit service and mitigation measures on detour routes. Iteris is fully acquainted with many local agency, and Department of Transportation, guidelines and requirements for TMP. Iteris also provides program and project management assistance to agencies during construction by serving as an extension of agency staff, and directly interfacing with third -party contractors. Iteris ensures projects are deployed according to plans and specifications, on schedule, and within budget. Iteris, Inc. 1 3 - - ITERIS' RESPONSE TO REQUEST FOR PROPOSAL FOR Professional On -Calf Traffic & Transportation Engineering Services ES Iteris has extensive transportation engineering, planning, and ITS on-call experience, having successfully managed and Iteris offers experience in: completed hundreds of on-call task orders for a wide variety of On-call Traffic &Transportation public agencies and municipalities. Iteris can serve all agency Engineering technical needs and respond quickly to task orders with On-call ITS Planning & Design accelerated schedules, without sacrificing quality of work. The On-call Modeling & Travel blend of Iteris' local knowledge and vast transportation management Demand Forecasting experience provides the resources needed to tackle any technical requests that arise. Iteris' past on-call engagements have involved the evaluation of City of Pomona, CA C.' �.- impacts to traffic, transit, and safety as a result of new developments (i.e. residential, retail, commercial), trip/parking generation, traffic control warrants, queuing analysis, travel demand forecasting, capacity Orange County Transportation Authority (OCTA) -. analysis/simulation, pedestrian/bicycle/transit access studies, origin/ destination analysis (using models, license surveys and MacID addresses), circulation analysis, and traffic engineering design tasks (e.g. signals, SanDiego Association of Governments (SANDAG) :D signing, striping, lighting, temporary traffic control, ITS). Table d provides a list of agencies for which Iteris provides the on -calf services that the City of Diamond Bar is seeking. Table 1® Iteris' On -Call Experience Caltrans District 8 1 1 1_ City of Anaheim, CA Rr 0 10 City of Buena Park, CA R '0 S, O City of Irvine, CA- - P City of Laguna Woods, CA - City of Los Angeles City of Pomona, CA C.' �.- Metro, Los Angeles, CA 01 Orange County Transportation Authority (OCTA) -. Riverside County, CA SanDiego Association of Governments (SANDAG) :D Iteris, Inc. 14 BLIVI0ND 11 AR 2 PROJECT TEAM & RATES ITERIS' RESPONSE TO REQUEST FOR PROPOSAL FOR Professional On -Calf I raffic Transportation Engineering Services Project Team Organization Iteris' proposed team organization is provided in Figure 1. Resumes are located in the Appendix. KEY Task Lead TEAM MEMBERS Figure 1 — Project Team Organization DMOND BAR' rte. i E _ Project Manager Piincipakin-Ch arge Gabe Murillo, TE Mr. Gabe Murillo will serve as the Project Manager for this project and will be the principal contact with the City and other entities per the City's direction. Mr. Murillo will be responsible for coordinating staff activities, coordinating meetings, project strategy, and will oversee work from project inception to o completion. Mr. Murillo is a Professional Traffic Engineer with over 24 years of Traffic Engineering experience in public and private sectors. He has served as Project Manager for the cities of Fountain Valley, Westminster, Anaheim and Mr. Gabriel Murillo, TE Long Beach for over 10 years and was the Project Manager for the City of Project Manager Diamond Bar Traffic Signal Upgrades Phase 1 and Phase 2 Projects since 2015. With his extensive background and experience on other projects similar to P (949) 270-9582 this one, Mr. Murillo is the ideal Project Manager for the City of Diamond Bar. C gam2@iteris.com Project Team Organization Iteris' proposed team organization is provided in Figure 1. Resumes are located in the Appendix. KEY Task Lead TEAM MEMBERS Figure 1 — Project Team Organization DMOND BAR' rte. i E _ Project Manager Piincipakin-Ch arge Gabe Murillo, TE Paul Frislle, PE, IMSA o Alicia Yang, PE Chris Devlin Bemard Li, EE, TE o m e Erlan Gomez, IMSA a ® ® ® a Braullo P.Brnir _', PE ® _ 0 _ _ Mi, haelPI tnik, TE, INASA d ® a e Julian Barba, Jr a Eunise Reynon ® s Wesley Luong m ® ® a Jemiica Smith m Abigail Roque ® Jennifer Martin, PE Amy Kim, TE 9 IOlstin Tsa, PE, TE e Iteris, Inc. 1 5 ITER IS' RES PONSETO REQUEST FOR PROPOSAL FOR Professional On -Call Traffic & Transportation Engineering Services Hourly Fates Table 1 includes hourly rates for all key team members assigned to this project. Table 1® Key Team Member Hourly Rates Gabriel Murillo, TE Project Manager $255.00 $264.00 $273.00 Bernard K. Li, EE, TE, PTOE Technical Manager $265.00 $274.00 $284.00 Erlan Gomez, IMSA II, MSCE with emphasis in Environmental Engineering Task Lead $185.00 $191.00 $198.00 Paul Frishe, PE, IMSA II Task Lead $175.00 $181.00 $187.00 Alicia Yang, PE Task Lead $175.00 $181.00 $187.00 Michael Plomik, TE, IMSA Project Engineer $155.00 $160.00 $166.00 Braulio Ramirez, PE Project Engineer $140.00 $145.00 $150.00 Julian Barba, Jr., EIT Project Engineer $135.00 $140.00 $145.00 Eunise Reynon, HIT Project Engineer $105.00 $109.00 $113.00 Wesley Luong, FIT Project Engineer $95.00 $98.00 $102.00 Abigail Roque, FIT Project Engineer $95.00 $98.00 $102.00 Jennica Smith, FIT Project Engineer $100.00 $104.00 $107.00 rtJ;iTE!.fv)SAND(fitIi0.1ClI:; s Billings will be monthly at the individual Categories and Maximum Rates for the persons_ actually performing the work during the performance period and are subject to annual adjustments. Expenses will be billed at cost plus 10 percent for services and handling. Expenses include project related costs, such as subcontractor services, traffic counts, postage/delivery service, reproduction, transportation, and subsistence. ® All mileage rates will be based upon IRS standard rates ($0.54 as of January 1, 2016). Iteris, Inc. 16 . W11 ITERIS' RESPONSE TO RECUEST EOR PROPOSAL EOR Professional On -Call Traffic & Transportation Engineering Services PRO.) ECT APPROACH ?c METHODOLOGY Scope of Work The following describes Iteris' general approach to providing traffic and transportation engineering services, divided into the following tasks: T SSI; ". TRAFFIC The City of Diamond Bar is seeking a firm that can provide Traffic Et'tGil,l;=6_"RIN, SEipHIc=k.S Engineering Services. The services include, but are not limited to, the attendance of City Council, Traffic and Transportation Commission, and other meetings as necessary. Iteris has been providing such services for many local agencies. In fact, our staff actually serves as the extended staff for the City of Santa Monica, Pasadena, Anaheim and Buena Park. Iteris' support includes everything from managing the City's traffic operations during City staff off hours and holidays to providing on-site traffic engineering support during City hours in areas where the City staff may not have the accreditation, expertise or simply the necessary staff to support day-to-day operations. Due to the level of service we provide, it is essential for our staff to be present during City Council and all relevant transportation meetings to provide support. Iteris will also prepare presentation materials as needed for the City staff or Iteris staff to present at these meetings. Based on the nature of the project awarded, Iteris will work with the City to determine the Staff and level of support that will be required to serve the City's needs. The level of support can range from monthly meetings with the City to discuss current and future projects to actual on-site staffing to assist the City's staff with everyday activities including any meetings that the City may deem pertinent. iA.12. G_ N1 ? RI( Ahlf} The City of Diamond Bar has a team of engineers that handles day to day T RAF FIC SIGNP, I DEE, I 'GE1 activities and support its residents. Unfortunately, the City's staff is at times shorthanded and can use the support of a consulting company to address some of its design needs. Iteris' staff is not only more than qualified to provide geometric traffic design and engineering services but also have the familiarity with existing traffic circulation, a strong relationship with the City's staff and understanding of the City's specifications and codes that are fundamental in a design process. Iteris has provided Plan. Specification and Estimate (PS&E) documents for the City's Traffic Signal Upgrades Phase 1 and 2 projects. The projects have included the design of Fiber optic installation, fiber assignments, traffic signal controller upgrades, communication hub, new conduit runs, new pull boxes, new ITS equipment and video detection upgrades. There are four key steps and the preparation of accurate, constructible and fundamentally sound design plans; 1) Clear understanding of the project and Iteris, Inc. 1 7 W4-� ITFRIS' RESPONSETO REQUEST FOR PROPOSAL FOR Professional On -Call Traffic & Transportation Engineering Services the City's needs, 2) Research of existing relevant plans and City records, 3) Field assessment to confirm existing conditions and research findings and 4) Preparation of detailed PS&E documents based on the Findings of the previous steps. Being able to execute the steps successfully requires a team with years of design and hands on experience to ensure that the information gathered and the PS&E package prepared can be built with minimal to no change orders. The team Iteris proposes to support the City in Traffic Engineering Design have all been involved in assisting the City via the Traffic Signal Phase 1 and Phase 2 projects and have been assisting many other agencies local and nationwide with their design needs. Upon being awarded a Traffic Engineering Design project, Iteris will hold a kickoff meeting with the City to discuss project approach and understanding as well as to collect all available geometric plans, design plans, utility plans, and any relevant City records pertaining to the proposed project. Once the team reviews all the records, any issues that may arise will then be presented to the City before beginning the field assessment. Once the issues are cleared, teams lead by at least one senior staff member will conduct a thorough field assessment of the project limits. The information gathered will be used to prepare the PS&E package. Depending on the time constraints for the awarded project, the team will either propose 90% and Final PSS:E deliverables for time sensitive projects or 60%, 90%, 100%, and Final for projects that have longer time spans and require more detail. EHI/ RO IM r I ; �\' Iteris offers experienced transportation planners who exemplify innovation �Tl.1R'!Erfyf>.F'F1C 1MP!1C in multimodal travel demand modeling, traditional and innovative FFII,YEId, Rs`_.b"IEVFiS transportation planning, environmental studies, and traffic engineering. Iteris' transportation planners apply travel demand modeling to prepare transportation master plans for cities and counties, as well as for large private development projects. Iteris' staff can assist the City in reviewing environmental studies/traffic impact studies for proposed development projects, studies and report preparations for items such as traffic control devices (traffic signals, stop signs, etc.), citizen complaints and concerns, level of service at intersections, school safety issues and speed surveys/speed limit determinations. Depending on the project being awarded, Iteris will present the City with a team of planners and engineers, based on the personnel provided, that will provide the services required. With our depth of expertise, Iteris is more than capable of providing the support the City is seeking. r Ic u I ny i_ r I,IG Complete plan checking for proposed development projects is one of the 4NL/0RllOriiMEi T many responsibilities Iteris staff have been managing for other local agencies. The City is specifically interested in support with the traffic control plans related to encroachment permit work. Iteris will review the traffic control plans and ensure that the plans meet the standards set forth Iteris, Inc. 18 ]TERIS' RESPONSETO REQUEST FOR PROPOSAL FOR i P roiessloYidi On -coil Transportation Engineering Services in the WATCH manual, MUTCD, and any other applicable standards as required by the City and as applicable per project at hand. As with any review process, a timely and through review is key to prevent any project setbacks. For traffic control plans, Iteris has the qualified staff at hand to review within the ten (10) working days specified by the City. Should a shorter turn around be required, Iteris can certainly meet those demands as well to ensure the City gets the support it deserves. Review times and support team will be determined based on the size and level of skill required on a per project basis. AS It 13 R Pr1RE 11 PUT =4C Iteris specializes in the design, evaluation, and operation of intersections and Ll`-,IAF0FACi.JPi,rLIkIIIEL arterials to improve the efficiency and safety of vehicular traffic flow, Vv T I -I COIdGI_`F 1 I0il'd pedestrian mobility, transit operations, and bicycle traffic. iteris is very familiar with the Congestion Management Process (CMP) as well as many M, P•IAGtfJ' I'd 1 P O<;RA other systems and standards that FHWA and local agencies have addressed. The CMP is a systematic and regionally -accepted approach for managing congestion that provides accurate timely information on transportation system performance... As the City of Diamond Bar is situated in Los Angeles County (LACO) and is adjacent to the 60 FWY and other major arterials, being able to alleviate congestions within the City is key in helping traffic flow through LACO. The CMP process includes: ASK 6, -RAFT F IC _ YSTFNI PLAN!',IIING SUPP0RT Development of congestion management objectives Establishment of measures of multimodal transportation system performance Collection of data and system performance monitoring to define the extent and duration of congestion and determine the causes of congestion Identification of congestion management strategies - Implementation activities, including identification of an implementation schedule and possible funding sources for each strategy Evaluation of the effectiveness of implemented strategies Iteris' team of Traffic Engineers and Planners can assist the City in preparing traffic data compliance with the CMP system process. The team of experts will be presented to the City based on expertise required on a case by case basis. This will ensure that the City is supported by the best team for the job. A typical scope of work for traffic system planning support includes, but is not limited to conduct studies and analyses, collect manual turning movement and machine traffic volume counts, use of SYNCHRO or modeling software to analyze traffic studies and intersections. Transportation Planning Studies The types of transportation planning studies that Iteris performs include: Iteris, Inc. 1 9 W ITERIS' RES PONS TO REQUEST FOR PROPOSAL FOR Professional On -Call Traffic & Transportation Engineering Services Policy Area Compliance Corridor studies - Traffic impacts studies Parking studies Traffic Circulation analysis Infrastructure transportation planning studies Travel demand forecasting Multimodal transportation planning projects (rail, highway, non -motorized, goods movement, Bus Rapid Transit, advanced technologies, etc.) Typical transportation planning studies conducted by Iteris include the following key tasks: Project scoping and coordination with City, identification of issues, identification of study area, affected roadway and facilities, agreement on methodology Data collection including field review of existing transportation facilities near the project, traffic data collection (see detail below), collection and review of recent documents Analysis of the project including trip generation potential, mode split (auto, transit, truck, non -motorized), capacity analysis of links and/or intersections, analysis of transit system impacts Deficiency identification—identify deficiencies in the transportation system caused either by the project, by cumulative conditions, or both, in terms of level of service, traffic volumes, future speeds Recommendations including physical improvements to intersections, lanes, bridges, freeway facilities, transit facilities, bicycle facilities, other infrastructure, plus operational improvements or changes Documentation that is clear and understandable to not only the technical professional, but also to the public since transportation planning is of ten a key element of local projects Iteris has conducted hundreds of traffic studies in support of Ell and EISs throughout California. Iteris staff conducted studies for virtually every type of land use development and public works project. We have conducted intersection, arterial, and system level analyses using a variety of tools. We are extremely familiar with all methodologies including ICU, CMA, HCM and others. We have conducted thousands of intersection studies and have compared the results of the various methodologies. Warrant Analysis Iteris will perform warrant analysis, engineering studies and Investigation as needed, including: Traffic signal warrant analysis Speed hump request Crosswalk requests Stop sign studies Left -turn warrant analysis Line -of -sight analysis Iteris, Inc. 1 10 ITERIS' RESPONSE TO REQUEST FOR PROPOSAL FOR Professional On -Call irafiic & Transportation Engineering Services Iteris has supported many agencies with their capital improvement projects. Iteris' knowledge ofthe City's existing equipment, needs and JPPO 'Future plans provide us with the information required to make decisions on the capital improvement projects that are most beneficial to the City. With employees that grew up and currently reside in the City, Iteris can assemble a team that that reflects the City and its residents and strives to provide the support necessary during project selection, bidding, construction and final walk through to ensure that every capital improvement project is essential, beneficial, cost effective and successful. Upon receiving a notice to provide support on a capital improvement project, Iteris will present the City with a proposal reflecting the scope and staff that is best qualified to provide the necessary support. Iteris' has the necessary licensed staff, Civil, Electrical and Traffic necessary to support the City's capital improvement projects. TAS ,V ,, T RAfFiC Iteris prides itself in being able to support just about every traffic fV,F,I 1C EMEFJ T S dr_TptsA management system and adaptive control system in use today. Iteris is IM,11D ,/tDPJDTIVF COIFJTF,C)L capable of operating different traffic control systems and are extremely knowledgeable of the different traffic signal controllers that they ,.�,r.T_ �_�_^ S STEM, SUIT..}T. communicate with. Iteris staff provide hands on operational support, training and integration of adaptive systems around the country. When a system stops communicating with a controller, Iteris engineers do not simply ignore the fault and report it to the City, rather, the team assesses the problem and provides the City with the necessary steps to resolve it. Iteris is extremely familiar with the City's equipment including: 170 Controllers with EACO-4E firmware 2070 ATC Controllers with D4 software Rugged Com switches New ComNet hub switches BBS units Iteris VDS Cohu CCN cameras - TransSuite TMS In fact, Iteris has either installed or integrated just about every device that has installed in the City of Diamond Bar. A traffic management system relies on all of those devices to be fully functional and serviceable. Having support staff that understands the different traffic management systems as well as the devices they rely on will be instrumental in acquiring the support the City is looking for. Currently, Iteris provides on-site staffing for the City of Santa Monica, Pasadena and. Buena Park. Each City has a different traffic management system, communication system, and traffic signal controller selection. The ...... Iteris, Inc. 12 -- -` ITERIS' RESPONSETO REQUEST FOR PROPOSAL FOR I _ — - Professional On -Calf -I rafi=ic & Transportation Engineering Services City of Pasadena, for example, has two distinct traffic management system and an adaptive system (SCATS). Regardless of the system or systems that our clients utilize, Iteris has been able to successfully assist them in supporting all of their needs. A traffic system is composed of much more than just the software that manages it. Being able to oversee all the devices that a system is composed of is something that only a select group of firms can deliver. Our team of Transportation, Civil, Electrical and Systems Engineers has the background and hands on experience to meet all of the City's needs. fkZK. c. I Lk LT'Fi _ SIL,I, A]-. Iteris is experienced in providing signal timing, operation, and synchronization OPEkthI ION Al services. Iteris can assistthe City of Diamond Barin many areas. Iteris is O00PDiH,L',110'I`I ETUDiE' consistently ranked 41 among all the traffic operations consulting firryis by OCTA for their traffic signal synchronization program. The services Iteris can offer the City include but not lirnited to: Traffic signal timing monitoring Remote and on-site staffing of traffic signal operations Iteris is currently providing on-site staffing for the City of Santa Monica, Pasadena and Buena Park Iteris provides remote operations support for the Cities of San Marcos, Westminster, Long Beach, Oxnard, Newport Beach and Laguna Woods. Iteris has a fully operational TMC at its headquarters which can be used to provide remote support when necessary. - Updates of timing parameters per latest State or Federal Standards (e.g. pedestrian flashing -don't walk, yellow change interval, etc.) Response to residents' request on signal timing check Prepare signal timing sheets and implement signal timing for new or modified signals Prepare and implement special event signal timing Review traffic signal timing sheets prepared by others (e.g. L.A. County and/or other consulting firms) Traffic Signal Synchronization Iteris can assist the City in developing and implementing traffic signal timing and synchronization plans. A general outline of services as part of the Traffic Signal Operations Services is summarized as follows, which exemplifies Iteris' experience with timing requirements and expectations. Timing Parameters. Iteris will ensure the latest timing parameters being implemented in thefield complywith current State/Federal requirements. Coordination Timing Plans. Generating a citywide SYNCHRO networks containing the latest timing plans. New coordination timing plans will ensure that crossing corridors remain well coordinated and updated on these base networks. Implementation and Fine -Tuning. Iteris can implement signal timings in the field controllers and perform fine-tuning in the field as necessary. Iteris, Inc. 1 12 -"n`'-- ITERIS' RESPONSE TO REQUEST FOR PROPOSAL FOR -- Pro essjonai On -Cali T raific & ct Transportation Engineering Services Signal Coordinated Studies (Before g,. After travel times). The purpose of conducting before studies will be to capture actual (in the field) travel times along the study corridors. This will then serve as a base point of comparison to quantify the improvements made to the travel times with the deployment of the new signal timing plans. Iteris will provide the option to develop 'before' and 'after' comparison videos on select corridors for the City's use in presentations to their residents and council members. Iteris has the planning and engineering expertise necessary for a one stop full service traffic operations and coordination support. Iteris staff have coordinated signals along small corridors as well as corridors extending between multiple Cities and agencies such as County and/or Caltrans. When dealing with multiple agencies, it is necessary to have a good understanding of their different controllers, traffic management systems, communication networks, and timing preferences. Iteris has successfully provided such support for many projects In Orange County, Los Angeles County, statewide and nationwide. Iteris is familiar with the City's 170 controllers, 2070 D4 controllers, TransSuite system and whichever adaptive system that is implemented over the next couple of years. Our hands on knowledge and understanding of the City's systems make us an ideal choice to provide the operations and timing support the City requires. I ASY iop G T H F R REL,q EU Iteris has been involved in just about every device and system that the City ;IERVICE5,e,N REQUESTED of Diamond Bar has integrated as part of their traffic management efforts. BY TI 17, CITY Iteris' understanding of the City's needs and existing transportation system infrastructure is second to none. Asa leader in innovative and the field of transportation, Iteris is extremely experienced in designing, supporting, installing, integrating, and resolving any transportation need that the City may have. Should the City need support in planning for the future, our staff is currently involved with Connected Vehicle Projects throughout the country and has been heavily involved with new ways to provide bikeways and solutions that better serve our growing population and City residents. Whatever the City may need, Iteris has the expertise to support it. Iteris, Inc. 1 13 ITERIS' RESPONSE TO REQUEST FOR PROPOSAL FOR WIN, ProTessional On -Call Traffic & Transportation engineering Services 4 PROJECT EXPERIENCE & REFERENCES t_AL IFORkIA INICLlfIE City of Santa Monica, CA Duration 06/2014 — Ongoing Reference Andrew Maximous Transportation Engineer City of Santa Monica (310) 458-4982 andrew.maximous@smgov.net Iteris has a long history of successful projects similar in scope for many agencies throughout California. With a proven track record of on-time, within -budget performance on projects, Iteris encourages the City to verify with the references provided. Iteris has initiated over 1,000 ITS/ Engineering and Planning projects within the last five years, which include a wide range of public and private entities including local agencies, counties, MPO and Caltrans. Approximately 70% of these projects represent repeat clients - a testament to Iteris' ultimate client satisfaction goal. In addition the previous and on-going projects that Iteris has been involved with for the City of Diamond Bar, Iteris would like to provide the following project references: As part of the City's "Go with the Flow" pilot project, Iteris was contracted to serve as an extension of the City's TMG staff during the 2014 summer months. The goal of the project was to bring together all participants involved in managing traffic (vehicles, bicycles, and pedestrians) during large influxes in and out of the City, such as special events and summer months in the downtown area. The participants included Iteris (TMC staff), Traffic Services Officers (TSO) from the Santa Monica Police Department, Central Parking staff responsible for the parking structures in the City, and Public Works staff gig t'§f Y� '.• ri'T" .. pedestrians at major intersections. Iteris staff attended all meetings prior to and after an event to discuss additional routes, issues during events, and potential improvements. During the TMC event, Iteris staff manned the TMC and had direct communication with TSO, Central Parking, and Public Works leads to ensure all parties were informed of any modifications to the plans and closures discussed. In addition to making timing modifications in the City's Intelight Maxview central system, Iteris event operators also performed the following tasks: Kept a log of all timing modifications and activities throughout the day Captured screenshots of any major backups to include in weekly report to the City Took note of any potential improvements to the program/routes/timings Coordinate with TSO leads to discuss as needed route modifications, including any additional or removal of existing closures Due to the success and positive feedback from the pilot program, Iteris was also contracted by the City to manage the TMC during the holiday months Iteris, Inc. 1 14 v� HONWEA 4+31 VIII ELiGIllEERIIT(5 SE;tVIC_I„ City of Buena Park, CA Duration 12/2015 — Ongoing Reference David Jacobs, PE, LS Assistant City Engineer City of Buena Park Public Works Department (714) 562-3679 djacobs@buenaparl<.com ON-CALL TRP, ICP(D R IA:fi{)p;l PLrI,fili C, RA R(-, EN SINII HErtiNC, A.r.ID PARIM,+, SERVICE, City of Anaheim, CA Duration 07/2011— Ongoing Reference John Thai Principal Traffic Engineer, City of Anaheim (714) 765-5202 JThai@anaheim.net ITERIS' RESPONSE TO REQUEST FOR PROPOSAL FOR Professional On -Cali Traffic & Transportation Engineering Services from Thanksgiving to New Years. Currently,lteris' team was recently selected to assist the City with the California Incline bridge closure, which will require TMC staffing almost every day for, at least, 12 months. The project also includes managing travel time Information being collected by Bluetooth devices and changeable message signs installed as part of this project. lteris was selected by the City of Buena Park to provide on-call transportation engineering services. In July 2015 the City initiated a new approach to managing transportation issues, and determined that future transportation engineering services would be more efficiently provided by consultants rather than City staff. Through a competitive procurement process the City identified lteris as the best qualified firm to Provide a variety of transportation engineering services. lteris staff provide on-site staffing two days per week, functioning as extensions of City staff and participating in interdepartmental meetings on new developments and initiatives. In addition to on-site staffing, lteris staff review plans for new developments and temporary construction closures, represent the City at County -level meetings, coordinate maintenance responsibilities with the City's traffic signal maintenance contractor, and address traffic inquiries from City Councilmembers and residents. Furthermore, lteris staff are providing training and education to City staff so that they can become well -versed in the full capabilities of the City's Traffic Management Center (TMC) and signal system. Last, lteris_ staff attend City Council and Transportation Commission meetings on behalf of the City, speaking to projects and specific items under consideration. The City of Anaheim has selected lteris, Inc. to serve as an extension of City Planning Department staff to provide on-call services for land use project development Transportation Planning, Traffic Engineering and Parking Services. In this capacity, lteris will facilitate land use development project reviews with focus on their contributing to the City's General Plan goals to: Provide comprehensive multimodal transportation system for circulation of people and goods. Protect and encourage active transportation (bicycle and pedestrian) travel and transit connectivity. Ensure adequate parking with consideration of strategies for the control of parking demand such as improved transit service, amenities for bicyclists, and rideshare vehicles, and strategies for shared parking opportunities in mixed-use and multiple -use development. lteris, Inc. 1 15 CONSULTING SERVICES AGREEMENT Design THIS AGREEMENT (the "Agreement") is made as of October 4, 2016 by and between the City of Diamond Bar, a municipal corporation ("City") and Kimley Horn and Associates, Inc., a North Carolina corporation ("Consultant"). 1. Consultant's Services. Subject to the terms and conditions set forth in this Agreement Consultant shall provide to the reasonable satisfaction of the City the services set forth in the attached Exhibit "A", which is incorporated herein by this reference. As a material inducement to the City to enter into this Agreement, Consultant represents and warrants that it has thoroughly investigated the work and fully understands the difficulties and restrictions in performing the work. Consultant represents that it is fully qualified to perform such consulting services by virtue of its experience and the training, education and expertise of its principals and employees. Christian Malpica, Associate Engineer (herein referred to as the "City's Project Manager'), shall be the person to whom the Consultant will report for the performance of services hereunder. It is understood that Consultant shall coordinate its services hereunder with the City's Project Manager to the extent required by the City's Project Manager, and that all performances required hereunder by Consultant shall be performed to the satisfaction of the City's Project Manager and the City Manager 2. Term of Agreement. This Agreement shall take effect October 19, 2016, and shall continue until October 18, 2019 unless earlier terminated pursuant to the provisions herein. 3. Compensation. City agrees to compensate Consultant for each service which Consultant performs to the satisfaction of City in compliance with the scope of services set forth in Exhibit "A". Payment will be made only after submission of proper invoices in the form specified by City. 4. Payment. A. As scheduled services are completed, Consultant shall submit to City an invoice for the services completed, authorized expenses and authorized extra work actually performed or incurred. B. All such invoices shall state the basis for the amount invoiced, including services completed, the number of hours spent and any extra work performed. C. City will pay Consultant the amount properly invoiced within 30 days of receipt, but may withhold 5% of any invoice until all work is completed, which sum shall be paid within 30 days of completion of the work and receipt of all deliverables. D. Payment shall constitute payment in full for all services, authorized costs and authorized extra work covered by that invoice. 5. Change Orders. No payment for extra services caused by a change in the scope or complexity of work, or for any other reason, shall be made unless and until such extra services and a price therefore have been previously authorized in writing and approved by the City Manager or his designee as an amendment to this Agreement. The amendment shall set forth the changes of work, extension of time, if any, and adjustment of the fee to be paid by City to Consultant. 6. Priority of Documents. In the event of any inconsistency between the provisions of this Agreement and any attached exhibits, the provisions of this Agreement shall control. 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 Workers' Compensation laws regarding Consultant and Consultant's employees. Consultant further agrees to indemnify and hold City harmless from any failure of Consultant to comply with applicable Worker's Compensation laws. D. Consultant shall, at Consultant's sole cost and expense fully secure and comply with all federal, state and local governmental permit or licensing requirements, including but not limited to the City of Diamond Bar, South Coast Air Quality Management District, and California Air Resources Board. E. In addition to any other remedies it may have, City shall have the right to offset against the amount of any fees due to Consultant under this Agreement any amount due to City from Consultant as a result of Consultant's failure to promptly pay to City any reimbursement or indemnification required by this Agreement or for any amount or penalty levied against the City for Consultant's failure to comply with this Section. 8. Standard of Performance. Consultant shall perform all work at the standard of care and skill ordinarily exercised by members of the profession under similar conditions and represents that it and any subcontractors it may engage, possess any and all licenses which are required to perform the work contemplated by this Agreement and shall maintain all appropriate licenses during the performance of the work. 9. Indemnification. Consultant shall indemnify, defend with counsel approved by City, and hold harmless City, its officers, officials, employees and volunteers ("Indemnitees") from and against all liability, loss, damage, expense, cost (including without limitation reasonable attorneys' fees, expert fees and all other costs and fees of litigation) of every nature arising out of or in connection with: (1) Any and all claims under Worker's Compensation acts and other employee benefit acts with respect to Consultant's employees or Consultant's contractor's employees arising out of Consultant's work under this Agreement; and (2) Any and all claims arising out of Consultant's performance of work hereunder, not covered by Section (3) below, or its failure to comply with any of its obligations contained in this Agreement, regardless of City's passive negligence, but excepting such loss or damage which is caused by the sole active negligence or willful misconduct of the City. Should City in its sole discretion find Consultant's legal counsel unacceptable, then Consultant shall reimburse the City its costs of defense, including without limitation reasonable attorneys' fees, expert fees and all other costs and fees of litigation. The Consultant shall promptly pay any final judgment rendered against the Indemnitees. It is expressly understood and agreed that the foregoing provisions are intended to be as broad and inclusive as is permitted by the law of the State of California and will survive termination of this Agreement. Except for the Indemnitees, this Agreement shall not be construed to extend to any third party indemnification rights of any kind. (3) Any and all claims arising out of Consultants design professional services, Consultant shall, to the fullest extent permitted by law, Consultant agrees to indemnify , defend and hold Indemnitees harmless from all liability arising out of any claim, loss, injury to or death of persons or damage to property that arise out of, pertain to, or relate to the negligence, recklessness or willful misconduct of the Consultant in the performance of design professional services pursuant to this Agreement, except for such loss or damage which is caused by the sole or active negligence or willful misconduct of the City. 10. Insurance. A. Consultant shall at all times during the term of this Agreement carry, maintain, and keep in full force and effect, with an insurance company authorized to do business in the State of California and approved by the City the following insurance: (1) a policy or policies of broad -form comprehensive general liability insurance written on an occurrence basis with minimum limits of $1,000,000.00 combined single limit coverage against any injury, death, loss or damage as a result of wrongful or negligent acts by Consultant, its officers, employees, agents, and independent contractors in performance of services under this Agreement; (2) property damage insurance with a minimum limit of $500,000.00 per occurrence; (3) automotive liability insurance written on an occurrence basis covering all owned, non -owned and hired automobiles, with minimum combined single limits coverage of $1,000,000.00; (4) Worker's Compensation insurance when required by law, with a minimum limit of $500,000.00 or the amount required by law, whichever is greater; and (5) Professional liability insurance covering errors and omissions arising out of the performance of this Agreement with a combined single limit of $1,000,000. If such insurance is on a claims made basis, Consultant agrees to keep such insurance in full force and effect for at least five years after termination or date of completion of this Agreement. B. The City, its officers, employees, agents, and volunteers shall be named as additional insureds on the policies as to comprehensive general liability, property damage, and automotive liability. The policies as to comprehensive general liability, property damage, and automobile liability shall provide that they are primary, and that any insurance maintained by the City shall be excess insurance only. C. All insurance policies shall provide that the insurance coverage shall not be non -renewed, canceled, reduced, or otherwise modified (except through the addition of additional insureds to the policy) by the insurance carrier without the insurance carrier giving City thirty (30) day's prior written notice thereof. Consultant agrees that it will not cancel, reduce or otherwise modify the insurance coverage and in the event of any of the same by the insurer to immediately notify the City. D. All policies of insurance shall cover the obligations of Consultant pursuant to the terms of this Agreement and except for professional liability insurance, shall be issued by an insurance company which is authorized to do business in the State of California or which is approved in writing by the City; and shall be placed have a current A.M. Best's rating of no less than A-, VII. In the case of professional liability insurance, such coverage shall be issued by companies either licensed or admitted to conduct business in the State of California so long as such insurers possesses the aforementioned Best's rating. E. Consultant shall submit to City (1) insurance certificates indicating compliance with the minimum insurance requirements above, and (2) insurance policy endorsements or a copy of the insurance policy evidencing the additional insured requirements in this Agreement, in a form acceptable to the City. F. Self -Insured Retention/Deductibles. All policies required by this Agreement shall allow City, as additional insured, to satisfy the self-insured retention ("SIR") and/or deductible of the policy in lieu of the Consultant (as the named insured) should Consultant fail to pay the SIR or deductible requirements. The amount of the SIR or deductible shall be subject to the approval of the City. Consultant understands and agrees that satisfaction of this requirement is an express condition precedent to the effectiveness of this Agreement. Failure by Consultant as primary insured to pay its SIR or deductible constitutes a material breach of this Agreement. Should City pay the SIR or deductible on Consultant's due to such failure in order to secure defense and indemnification as an additional insured under the policy, City may include such amounts as damages in any action against Consultant for breach of this Agreement in addition to any other damages incurred by City due to the breach. G. Subrogation. With respect to any Workers' Compensation Insurance or Employer's Liability Insurance, the insurer shall waive all rights of subrogation and contribution it may have against the Indemnitees. H. Failure to Maintain Insurance. If Contractor fails to keep the insurance required under this Agreement in full force and effect, City may take out the necessary insurance and any premiums paid, plus 10% administrative overhead, shall be paid by Consultant, which amounts may be deducted from any payments due Consultant. I. Consultant shall include all subcontractors, if any, as insureds under its policies or shall furnish separate certificates and endorsements for each subcontractor to the City for review and approval. All insurance for subcontractors shall be subject to all of the requirements stated herein. 11. Confidentiality. Consultant in the course of its duties may have access to confidential data of City, private individuals, or employees of the City. Consultant covenants that all data, documents, discussion, or other information developed or received by Consultant or provided for performance of this Agreement are deemed confidential and shall not be disclosed by Consultant without written authorization by City. City shall grant such authorization if disclosure is required by law. All City data shall be returned to City upon the termination of this Agreement. Consultant's covenant under this section shall survive the termination of this Agreement. Notwithstanding the foregoing, to the extent Consultant prepares reports of a proprietary nature specifically for and in connection with certain projects, the City shall not, except with Consultant's prior written consent, use the same for other unrelated projects. 12. Ownership of Materials. Except as specifically provided in this Agreement, all materials provided by Consultant in the performance of this Agreement shall be and remain the property of City without restriction or limitation upon its use or dissemination by City. Consultant may, however, make and retain such copies of said documents and materials as Consultant may desire. 13. Maintenance and Inspection of Records. In accordance with generally accepted accounting principles, Consultant and its subcontractors shall maintain reasonably full and complete books, documents, papers, accounting records, and other information (collectively, the "records") pertaining to the costs of and completion of services performed under this Agreement. The City and any of their authorized representatives shall have access to and the right to audit and reproduce any of Consultant's records regarding the services provided under this Agreement. Consultant shall maintain all such records for a period of at least three (3) years after termination or completion of this Agreement. Consultant agrees to make available all such records for inspection or audit at its offices during normal business hours and upon three (3) days' notice from the City, and copies thereof shall be furnished if requested. 14. Conflict of Interest. A. Consultant covenants that it presently has no interest and shall not acquire any interest, direct or indirect, which may be affected by the services to be performed by Consultant under this Agreement, or which would conflict in any manner with the performance of its services hereunder. Consultant further covenants that, in performance of this Agreement, no person having any such interest shall be employed by it. Furthermore, Consultant shall avoid the appearance of having any interest which would conflict in any manner with the performance of its services pursuant to this Agreement. B. Consultant covenants not to give or receive any compensation, monetary or otherwise, to or from the ultimate vendor(s) of hardware or software to City as a result of the performance of this Agreement. Consultant's covenant under this section shall survive the termination of this Agreement. 15. Termination. The City may terminate this Agreement with or without cause upon fifteen (15) days' written notice to Consultant. The effective date of termination shall be upon the date specified in the notice of termination, or, in the event 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, unless the notice provides otherwise, except those services reasonably necessary to effectuate the termination. The City shall be not liable for any claim of lost profits. 16. Personnel/Designated Person. Consultant represents that it has, or will secure at its own expense, all personnel required to perform the services under this Agreement. All of the services required under this Agreement will be performed by Consultant or under it supervision, and all personnel engaged in the work shall be qualified to perform such services. Except as provided in this Agreement, Consultant reserves the right to determine the assignment of its own employees to the performance of Consultant's services under this Agreement, but City reserves the right in its sole discretion to require Consultant to exclude any employee from performing services on City's premises. 17. Non -Discrimination and Equal Employment Opportunity. A. Consultant shall not discriminate as to race, color, creed, religion, sex, marital status, national origin, ancestry, age, physical or mental handicap, medical condition, or sexual orientation, in the performance of its services and duties pursuant to this Agreement, and will comply with all rules and regulations of City relating thereto. Such nondiscrimination shall include but not be limited to the following: employment, upgrading, demotion, transfers, recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. B. Consultant will, in all solicitations or advertisements for employees placed by or on behalf of Consultant state either that it is an equal opportunity employer or that all qualified applicants will receive consideration for employment without regard to race, color, creed, religion, sex, marital status, national origin, ancestry, age, physical or mental handicap, medical condition, or sexual orientation. C. Consultant will cause the foregoing provisions to be inserted in all subcontracts for any work covered by this Agreement except contracts or subcontracts for standard commercial supplies or raw materials. 19. Time of Completion. Consultant agrees to commence the work provided for in this Agreement within (5) days of being notified by the City to proceed and to diligently prosecute completion of the work within the time frame designated per task or as may otherwise be agreed to by and between the Project Manager and the Consultant. 20. Time Is of the Essence. Time is of the essence in this Agreement. Consultant shall do all things necessary and incidental to the prosecution of Consultant's work. 21. Delays and Extensions of Time. Consultant's sole remedy for delays outside its control shall be an extension of time. No matter what the cause of the delay, Consultant must document any delay and request an extension of time in writing at the time of the delay to the satisfaction of City. Any extensions granted shall be limited to the length of the delay outside Consultant's control. If Consultant believes that delays caused by the City will cause it to incur additional costs, it must specify, in writing, why the delay has caused additional costs to be incurred and the exact amount of such cost within 10 days of the time the delay occurs. No additional costs can be paid that exceed the not to exceed amount absent a written amendment to this Agreement. In no event shall the Consultant be entitled to any claim for lost profits due to any delay, whether caused by the City or due to some other cause. 22. Assignment. Consultant shall not assign or transfer any interest in this Agreement nor the performance of any of Consultant's obligations hereunder, without the prior written consent of City, and any attempt by Consultant to so assign this Agreement or any rights, duties, or obligations arising hereunder shall be void and of no effect. 23. Compliance with Laws. Consultant shall comply with all applicable laws, ordinances, codes and regulations of the federal, state, and local governments. 24. Non -Waiver of Terms, Rights and Remedies. Waiver by either party of any one or more of the conditions of performance under this Agreement shall not be a waiver of any other condition of performance under this Agreement. In no event shall the making by City of any payment to Consultant constitute or be construed as a waiver by City of any breach of covenant, or any default which may then exist on the part of Consultant, and the making of any such payment by City shall in no way impair or prejudice any right or remedy available to City with regard to such breach or default. 25. Attorney's Fees. In the event that either party to this Agreement shall commence any legal or equitable action or proceeding to enforce or interpret the provisions of this Agreement, the prevailing party in such action or proceeding shall be entitled to recover its costs of suit, including reasonable attorney's fees and costs, including costs of expert witnesses and consultants. 26. Mediation. Any dispute or controversy arising under this Agreement, or in connection with any of the terms and conditions hereof, which cannot be resolved by the parties, may be referred by the parties hereto for mediation. A third party, neutral mediation service shall be selected, as agreed upon by the parties and the costs and expenses thereof shall be borne equally by the parties hereto. The parties agree to utilize their good faith efforts to resolve any such dispute or controversy so submitted to mediation. It is specifically understood and agreed by the parties hereto that mutual good faith efforts to resolve the same any dispute or controversy as provided herein, shall be a condition precedent to the institution of any action or proceeding, whether at law or in equity with respect to any such dispute or controversy. 27. Notices. Any notices, bills, invoices, or reports required by this Agreement shall be deemed received on (a) the day of delivery if delivered by hand during regular business hours or by facsimile before or during regular business hours; or (b) on the third business day following deposit in the United States mail, postage prepaid, to the addresses heretofore set forth in the Agreement, or to such other addresses as the parties may, from time to time, designate in writing pursuant to the provisions of this section. "CONSULTANT" Kimley Horn and Associates. Inc. 660 South Figueroa Street Suite 2050 Los Angeles, CA 90017 Attn.: Robert D. Blume Phone: 213 261-4050 E -Mail: Robert.blume@kimley-horn.com "CITY" City of Diamond Bar 21810 Copley Drive Diamond Bar, CA 91765-4178 Attn.: David G. Liu Phone: 909 839-7040 E-mail: publicworks@diamondbarca.gov 28. Governing Law. This Agreement shall be interpreted, construed and enforced in accordance with the laws of the State of California. 29. Counterparts. This Agreement may be executed in any number of counterparts, each of which shall be deemed to be the original, and all of which together shall constitute one and the same instrument. 30. Entire Agreement. This Agreement, and any other documents incorporated herein by reference, represent the entire and integrated agreement between Consultant and City. This Agreement supersedes all prior oral or written negotiations, representations or agreements. This Agreement may not be amended, nor any provision or breach hereof waived, except in a writing signed by the parties which expressly refers to this Agreement. Amendments on behalf of the City will only be valid if signed by a person duly authorized to do so under the City's Purchasing Ordinance. IN WITNESS of this Agreement, the parties have executed this Agreement as of the date first written above. "Consultant" "City" Kimley Horn and Associates, Inc. CITY OF DIAMOND BAR 660 South Figueroa Street Los Angeles, CA 90017 By: Printed N Title: By: Printed Name: Title: Approved as to form: David A. DeBerry, City Attorney EM Nancy A. Lyons, Mayor ATTEST: Tommye Cribbins, City Clerk *NOTE: If Consultant is a corporation, the City requires the following signature(s): (1) the Chairman of the Board, the President or a Vice -President, AND (2) the Secretary, the Chief Financial Officer, the Treasurer, an Assistant Secretary or an Assistant Treasurer. If only one corporate officer exists or one corporate officer holds more than one corporate office, please so indicate. OR The corporate officer named in a corporate resolution as authorized to enter into this Agreement. A copy of the corporate resolution, certified by the Secretary close in time to the execution of the Agreement, must be provided to the City. 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The data provided is not a complete or certified record of an entity. Entity Name: KIMLEY-HORN AND ASSOCIATES, INC. Entity Number: C1616788 Date Filed. 06/09/1988 Status: ACTIVE Jurisdiction: NORTH CAROLINA Entity Address: 421 FAYETTEVILLE STREET, SUITE 600 Entity City, State, Zip: RALEIGH NC 27601 Agent for Service of Process: C T CORPORATION SYSTEM Agent Address: 818 W 7TH ST STE 930 Agent City, State, Zip: LOS ANGELES CA 90017 * Indicates the information is not contained in the California Secretary of State's database. • If the status of the corporation is "Surrender," the agent for service of process is automatically revoked. 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Modify Search New Search Printer,Friendly Back„. to_ Search„ Results, Vriva[y SUtemenp Free Docpment Reade, fs, Copyright O 2016 California Secretary of State http://kepler.sos.ca.gov/ 9/28/2016 ir► September 7, 2016 Mr. Christian Malpica sso south Figueroa street City of Diamond Bar suite 2050 Los Department of Public Works 900nn9eie , California 17 21810 Copley Drive TEL 215261 4040 Diamond Bar, CA 91 761-41 77 RE: Proposal to Provide Professional On -Call Traffic and Transportation Engineering Services Dear Mr. Malpica and Members of the Selection Panel: The City of Diamond Bar (City) is seeking an on-call traffic and transportation engineering consultant to serve as an extension of City staff, assist with completing projects, and provide submittal reviews efficiently and effectively with minimal impact to City budget and staff time. Kintl Horn and Associates, Inc. is that consultant. Our depth of experience with projects and on-call contracts across Los Angeles County and Southern California means that you can expect unmatched service, responsiveness, and essential local knowledge for the successful delivery of your projects. Our team can provide the full range of services requested in the City's RFP, and offers the following advantages: Loan Prose ce.As your proposed project manager I, Vikas Sharma, will serve you from our Downtown Los Angeles office, which is a short drive from the City's offices. I will draw from my extensive on-call experience with the cities of Covina, Agoura Hills, Malibu, City of Industry, County of Orange, and OCTA to manage our team of traffic engineers and analysts to provide efficient, cost-effective services to the City. n iaor Drp a Ira" ragin e_nrtg } sycrocr'ao . For this contract I will be supported by Sri Chakravarthy, who has served as city traffic engineer to several local agencies In Los Angeles County. Our team also includes three subconsultant partners, National Data and Surveying Services, Aimll and Counts Unlimited, to provide traffic data collection services. ra sC, u2 i ^ rn ut og r- nr iance. Since our founding, ICimley-Horn has been the preferred traffic consultant for several local agencies. Most recently, we have provided similar services to Agoura Hills, Malibu, Covina, Industry, OCTA, and Santa Clarita and completed projects ranging from planning to intersection signal design to system -wide signal re -timing projects and TMC management. This mix of assignments has enabled us to develop project teams that have consistently exceeded client expectations. c C r 5 , Fzess. We know that a strong commitment to client satisfaction must be the foundation of our service to you. We are very flexible and will commit our vast resources to support you on a wide array of projects, including those with aggressive deadlines. In addition, we commit to being available to attend meetings on short notice, Our team is designed to accommodate this type of responsiveness and will be available throughout the duration of the contract. We hope that you find our team's capabilities, and willingness to serve the City demonstrated throughout our submittal. Should you have any questions regarding our submittal, please contact me at (213) 261-4050 or by e-mail at vikas.sharma@kimley-horn.com. We look forward to working with you. Sincerely, KIMLEY-HORN AND ASSOCIATES, INC. ri Vikas Sharma, P.E Robert D. Blume, P.E. Project Manager Vice President 1. -irm Profile...................................2 2. Project Team .. .......... .. ....4 3. Hourly Rates ....................... 9 4. (Methodology and Approach ....... 10 5. Comparable Work ......................13 6. References.................................14 7. Required Statements..................15 Appendix Kimley>Mor �1# Since our founding 49 years ago, Kimley-Horn has grown from a small group of traffic engineers and transportation planners to a multidisciplinary consulting firm with more than 2,700 employees that is recognized as a leader in full-service engineering consulting. With 81 offices nationwide and 13 in California (including our local offices in Downtown Los Angeles, Woodland Hills, and Orange), Kimley-Horn's continued growth Is a result of the firm's commitment to integrity and dedication to providing quality services to our clients. We offer clients the local knowledge and responsiveness of a small organization, backed by the depth of resources only a national firm can offer. dycreeerpeyv' Gf s'ernreces Kimley-Horn has consistently demonstrated its ability to effectively provide innovative, high-quality consulting services. Today, as a fully -integrated, multidisciplinary consulting firm, we offer a wide variety of in-house services, including, • Traffic operational studies • Bridge planning and final design • Parking analysis, studies, and design • Transportation planning and operations to Traffic impact studies It Traffic signal timing and coordination in Engineering plan checking • Advanced traffic management systems or Roadway preliminary engineering and final design • Highway and interchange preliminary and final design • IntelligentTransportation Systems (ITS) Kimley-Horn understands what it means to provide services on an as -needed basis for local government. We have worked with Caltrans, Las Angeles County, and many other California municipalities (including several In Los Angeles County) through on-call contracts, as illustrated in the map to the right Since our founding, on-call clients have been a top priority, and our approach is to serve as an extension of their staff. Kimley-Horn's vast experience with on-call projects demonstrates our solid fundamental traffic planning and engineering skills, and our ability to think creatively in an increasingly complex urban mobility environment. We successfully complete on-call projects by committing resources as needed, taking ownership of the project, maintaining the project schedule, obtaining team consensus, developing accurate construction cost estimates, and delivering quality technical submittals. Dlsinct cal raf,: D!strld 4 On Engineering News - Record's 2015 listing of the nation's top 500 consulting firms, Kimley- Horn is currently ranked 12th in Transportation. It is an honor that represents the combined efforts of our staff who are committed to providing client— friendly service and technical excellence in everything we do. • Roadway feasibility studies and conceptual design • Surveying and right-of-way (ROW) engineering • Paving and drainage design • Public involvement and community outreach programs de Construction observation ® Environmental planning • Systems design Nardi California on-call Contracts(=) Aldi County irenspin at ion Commission (ACTG) - AS Transit Nobel • BAWA • CMAS • City of Anllush • (iy of Bobby • City of Called • City of Consent • City of Cotonou - Clly of Dobno • City of East °ars I All. - Cfryof Elk Cos.- City If Enaryvld, Gty of Folsom- Ch of Fremor- 011t, is Gall Cry of GOmy •Cly of GassValley for, • Cin f G dine • C dol HoIlsensr• City of lofmalla • Co, of unooln O City of 1, of Mountain View - ,Ch of Newark No Palk• City of Mlplza• Clvofd- Cityo•Cly of Marble, ed of Mounton Nan •Clry City of City If 13.1111 - Cry -f Oakland • Clryof Palo Aro Cly of Venture• Cityity Piercer, l•Cln of Aetlding• Ciyo of SaEh -CityB•Cly ofd - CittlCiy Ciy i Richmond • City of PSky If • CI!yof st -amen, • COY afsal'nas • City .1 San Jose • Glly of Sen Citeel •Cin - San falmn GlyofSanta Rowedlyot Serle Ce es mny of ans- CiityI• Ciryafsunnyvae CityIfiavy•ris ofontrao•Clyofty- ElCooled - City doOlsonCorey \Neal Ceoldt Coo• C1 y Ifran Woodland _ Counts of Inomis •Coram C.slelon Cy•EIsioatlo Cally dunboldldi- lously •Nemnly Tosecolso —?' Gounn•Malmpnllen Rensp.hellon Gomm.mosN.nlerey Sal'ws l2nell•IJap9Cwny Lensp.oallon O, O -i off C ' g Mimudy Rn e Par ort Dmort • beyond Snse Core, Aom lly • Plaael County- _ Sacramento Area SmIll, ooh of Sacramento County• Sardsomenor RegentalTansit District •San -, F CountyT Pdnn A,morlty•SanJoaqun canon Cult fS a sane Clara Carl, SambaCteravd,yTive,borbi Whosly• Tanspotlnfun Anthony of our, - nal Gau2y- ch Fduil IIAIIhIny NortM1ern California hir county Corcan Southern Coshocton, ❑ Airports yrit District] Southern California On -can contracts (. ) CAy of A9unemlis• Clly of AneM1elm• Cin of Baamn- City ofo nk Cltyof Calabasas • Clry of Confused • City of Chino - Cry of Comma • Cly of Covina • City of Culver City • Cly of Cooney' Cry of EI Cenlm - CIM of Fusion • City of Glendale • CO, of Runf!n0mn Beach • Cry of Industry • C!ry of 'a Mesa • CIN of lake Elsinore - City of laosazler • Cly of lemur Him so _ •City IfLo.. urban - Cry of ins Angeles - City of hboad -Cityof Manna• Cryl,-C Mission Vier, yIty o,Moanayeller• Cry of Mucon•le-CityoA of fo ll Cin Cllr oat rumor • City of Peosdene • Cly itPelmdela • Glry off Roseme a Clly of PoiThous • city of- City • Cin of Rosemead l cin o, Thousand Dal'd•ofN Sen -Citye.anol Sen Moms ib C'ty "t.1darne • City e Sante Clarl • C n of West Cov ne • , - a d.County 1� tn.AnBnJas Caonly•t- NorthHalf C. M ® Lanep.na(on Systema gsCh County ®® it P R paafl Calge County ® -®® T pmt Authority ' Pot ytr ® ® IIsi QB' h A re �® a C •y snD-egA 'in • IG n SolDole C iy Sun D'p United Fort ;B DLII Santa Bahrain. County Catr rs 4ustroboadot Govemmenls Dlstnct 12 `®® ® A Concur On -Call Coartleaboo State ly de. iunions Sellers 914.7, 9,11 and 12 City of Diamond Bar I TROC96926.16 2 Ki f 51epM®9 9 f We work closely with City staff to provide their constituents with dependable and timely services. We have developed a thorough understanding of the issues involved in on-call projects through our previous work with various cities, counties, and state DOTS The table below shows the local on-call experience of our key team members. Subconsultarrt Over views We anticipate the use of independent traffic count firms to collect daily or peak -hour traffic data for traffic assessment tasks and traffic studies. We will coordinate with the following subconsultants for traffic data collection as needed, N71'.D�S Founded in 1989, National Data & Surveying Services (NDS) was established to deliver accurate and cost-effective solutions for traffic, transit and GIS/GPS data collection. NDS has an outstanding team of 70 professional full-time employees and is the largest and most experienced traffic data collection firm on the west coast. b#a _ AimTD LLC provides traffic data collection to several municipalities including the County of Orange Public Works Department, the Cities of Tustin, the Mission Viejo, the Rancho Cucamonga, the San Luis Obispo, and Santa Monica. AimTD LLC AimTD has the experience and resources to perform all traffic data collection tasks within the required time frame, professionally and accurately. They are known for reliable and cost effective services, delivered with a high level of customer support. Their services include intersection turning movement counts, average daily traffic (ADT) counts, parking occupancy studies, and radar speed surveys. k7c,vgrn,"s CV§Pfimrd'er , 9Tc`.. Counts Unlimited was founded in 1990 and specializes in traffic data collection, including: turning movement traffic counts, ADT counts, entering volume counts, classification counts, speed counts, radar speed surveys, parking lot studies (inventory, occupancy, utilization, and turnover), signal warrants, GPS travel time studies, vehicle occupancy counts, oiigin/destination studies, and video documentation counts. Gity of Diamond Bar i TROC96026.76 Kimlep> r > Q � UU p U, ✓ As -Needed Engineering Services, Covina, CA ✓ ✓ ✓ ✓ ✓ ✓ ✓ On -Call Professional Engineering Services, Agoura Hills, CA ✓ ✓ ✓ ✓ ✓ ✓ ✓ ✓ ✓ ✓ ✓ ✓ On -Call Engineering Services, City of Industry, CA ✓ ✓ ✓ ✓ ✓ ✓ ✓ ✓ ✓ ✓ ✓ ✓ ✓ On -Call Traffic Engineering Services, Malibu, CA ✓ ✓ ✓ ✓ ✓ ✓ ✓ On -Call Traffic Engineering Services, Pasadena, CA ✓ ✓ ✓ ✓ ✓ ✓ ✓ ✓ ✓ ✓ ✓ On -Call Traffic Engineering Services, Calabasas, CA ✓ ✓ ✓ ✓ ✓ ✓ ✓ ✓ ✓ On -Gall Traffic Engineering Services, Thousand Oaks, CA ✓ ✓ ✓ ✓ ✓ ✓ ✓ ✓ ✓ On -Call Traffic Engineering, Los Angeles County, CA ✓ ✓ ✓ ✓ ✓ ✓ ✓ ✓ ✓ ✓ On -Call Traffic Engineering Services, Long Beach, CA ✓ ✓ ✓ ✓ ✓ ✓ ✓ ✓ ✓ On -Call Traffic Engineering Services, Riverside County, CA ✓ ✓ ✓ ✓ ✓ ✓ On -Call Engineering Services, Burbank, CA ✓ ✓ ✓ ✓ ✓ ✓ ✓ ✓ On -Call Engineering Services, Santa Clarita, CA ✓ ✓ ✓ ✓ ✓ ✓ ✓ ✓ ✓ On -Call Engineering Services, Lancaster, CA ✓ ✓ ✓ ✓ ✓ On -Call Review Services, Moreno Valley, CA ✓ ✓ ✓ ✓ ✓ ✓ On -Call Traffic Engineering Services, Palmdale, CA ✓ ✓ ✓ ✓ ✓ Subconsultarrt Over views We anticipate the use of independent traffic count firms to collect daily or peak -hour traffic data for traffic assessment tasks and traffic studies. We will coordinate with the following subconsultants for traffic data collection as needed, N71'.D�S Founded in 1989, National Data & Surveying Services (NDS) was established to deliver accurate and cost-effective solutions for traffic, transit and GIS/GPS data collection. NDS has an outstanding team of 70 professional full-time employees and is the largest and most experienced traffic data collection firm on the west coast. b#a _ AimTD LLC provides traffic data collection to several municipalities including the County of Orange Public Works Department, the Cities of Tustin, the Mission Viejo, the Rancho Cucamonga, the San Luis Obispo, and Santa Monica. AimTD LLC AimTD has the experience and resources to perform all traffic data collection tasks within the required time frame, professionally and accurately. They are known for reliable and cost effective services, delivered with a high level of customer support. Their services include intersection turning movement counts, average daily traffic (ADT) counts, parking occupancy studies, and radar speed surveys. k7c,vgrn,"s CV§Pfimrd'er , 9Tc`.. Counts Unlimited was founded in 1990 and specializes in traffic data collection, including: turning movement traffic counts, ADT counts, entering volume counts, classification counts, speed counts, radar speed surveys, parking lot studies (inventory, occupancy, utilization, and turnover), signal warrants, GPS travel time studies, vehicle occupancy counts, oiigin/destination studies, and video documentation counts. Gity of Diamond Bar i TROC96026.76 Kimlep> r After completing a review of your project -related needs, Kimley-Horn has assembled an exceptional team of professionals who possess experience providing similar on-call traffic engineering services, have proven project management capabilities, and are committed to providing the City with timely and high quality deliverables. Vikas Sharma, P.E. will serve as our project manager, responsible for allocating Kimley-Horn resources to your project needs, attending meetings with the City, and ensuring timely performance from our team. Vikas will be supported by Sri Chakravarthy, P.E., T.E., who has served several Los Angeles County agencies as City Traffic Engineer. We know how to perform this type of work and we are immediately available to serve the City. We are committed to providing you with expedited, high-quality deliverables that will meet your project objectives. Each team member proposed is committed to serving the City when you call. Our team organization Is shown in the chart below, and resumes for our key staff are included on the following pages. D. Blume, P.E. Vikas Sharma, P.E. Sri Chakravarthy, P.E., T.E. City Traffic Engineering Sri Chakravarthy, P.E., T.E. Jason Melchor, P.E. Vikas Sharma, P.E. Task Manager Task Manager Task Manager Marco Carta, P.E.,QSD Serine Ciandella, AICP Kevin G. Aguigui, P.E., E.E. Carlie Campuzano, P.E. Tim Chan, EIT Brian Sowers, P.E. Roxannabelle Perfecto, EIT Saly Heng, EIT Kwasi Akwabi, P.E. David Shaw, EIT Alyssa Phaneuf, P.E. National Data and Grant Applications Expert Surveying Services* AImTD* Counts Unlimited* City of Diamond Bar I TROC96026. 16 * Subconsultants KimlepMorn 3. our Rates C iassif.e a FGR......., ........... ..... 3"UH tq =. per Hou"', Principal -in -Charge ..................................................... $280 Project Manager ... ........ ...... ............ .......... .......... .- .,. $160 Sr. Professional III ......................................................... $250 Sr, Professional II .......... ..... ....... ............ ..,.,............... $220 Su Professional I ....... ............ .... ............... ,........... ....,.,, $200 Professional IL.._ ........................................................ $185 Professional I ........... ......... .......... .... ........ ....,.....,.,,....,.. $150 Analyst..................................................................... $125 Sr. Support ..... .......................... _..,... ,..,.......... ,... ,.... $125 SupportStaff............................................................... $100 'Rates will be escalated yearly on the contract anniversary by 5% Gmcr Dlreo Cass: Outside Printing/Reproduction, Delivery Services/USPS, Misc. Field Equipment/Supplles, and Travel Expenses will be billed at actual cost plus 5%. Mileage will he billed at the Federal Rate. Rumors+upaehs: Billed at cost plus 10%. Office s: &g- 5% will be applied to labor fees to cover direct expenses, such as In-house duplicating and blueprinting: local mileage, telephone/mobile calls, electronic messaging, postage, and word processing. National Data and Surveying Services, Inco E 0 "i t Per 06atfarr) DNINV/LL SEE i' 'r C,(;'GUR r 4t'S5t 2 Hour (1 Person) ........ ............................................. $110 2 Hour (2 Person) ...................................................... $220 4 Hour (1 Person) ..... ..... ...:::..._.,,..,,.... ,..,...... ..,...... .... $175 4 Hour (2 Person)....................................................... $350 Additional Hour ......................................................... $40/Hr Bikes/Peds (2-4 Pre) ......... ....... ....... ..... ..... ........ ....... ,. +$25 Bi Directional Volume Only 24 Hour..................................................................... $50 Each Additional (Consecutive) Day ............................... $32 Axle Classification or Speed Data 24 Hour..........................................$100 ($120 for speed & class) Each Additional (Consecutive) Day ...... ...$45 ($50 for speed & class) Radar (100 Cars)/2 Hrs Max......................................$60 ......................... .- .$75 Parking Study:..........................................................$40/Hr ,............ ,,.. $60 Camera Surveillance ................$50 (Up to 24 Hours) .....................................................$150 $50 Each Additional Day..................................................$50 $50 Video Review (Per Camera/Person).... .... ............ ........$25/Hr GPS/GIS (Incl. processing & 00)................................$60/Hr Parking surveys less than 6 hours will be billed at a 4 hour IN rate for the first 4 hours ProjectManagers .. ... ........ ........... .......... ................... ......................... .- .$75 Supervisor........ ..... ............... -..,,..... ,.,,......... ....................... ,............ ,,.. $60 Field Technician.................................................................. ................$50 Office Administration.............................................................................. $50 TrafficCounter......................................................................................... $50 Counts Unlimited Project Manager: .... .......... ... .. ........$65.63 Traffic Count Supervisor: ...... .. .. .. ... .......... . $47.50 Sr. Traffic Technician: ........ ..... .. .................. .. ........... .. . ......................$43.31 Field Traffic Data Collector: . . .. .... .. ........ . ................. ..... ..... .... .. ... $40.00 City of Diamond Bar I TROC96026l6 imle +>M®fit 4, Methodology and Approach Kimley-Horn will tailor our methodology and approach to the scope of work according to the project needs and expectations of the City and other approving agencies. We will begin by gaining a thorough understanding of the City's objectives and review available information, We will also visit the project site to understand issues and constraints. This enables us to develop a detailed scope of work that serves as a "roadmap" to successful project completion. It also minimizes the potential for unnecessary engineering and costly change orders. Kimley-Horn staff provides on-call traffic engineering and review services to several public agencies We provide a balanced, for both public and private improvements. We offer unparalleled expertise in traffic and transportation ntultidisciplined team—all working impacts, methodologies to monitor development -generated traffic, and financing mechanisms for together to maximum effect. transportation improvements. We have the technical expertise and depth of resources to assess traffic impacts; develop master plans; lay out roadways, access ways, and Interchanges; develop workable circulation and parking plans; and design both surface and structural parking facilities. Our key staff specialize in the planning, design, and implementation of leading transportation technologies and traffic systems. Methodology For this traffic engineering on-call services contract, our team will be responsible for providing the scope of services outlined in the RFP including, but not limited to, the following tasks. City Traffic Engineering Services. We will advise and assist the City's departments, commissions, committees, and City Council, and interface with regional and State transportation agencies. Our Project Manager, giI a °rv-., has served as staff extension for the cities of Agoura Hills, Malibu, and Covina over the past several years and is committed to providing the time necessary to assist the City in this critical role. He is supported by _r� _ e� erd r_ ,E, PC , who also has several years of municipal traffic engineering experience providing similar services to several local agency clients, including your neighboring cities of West Covina and Arcadia. Geometric and Traffic Signal Design. In addition to comprehensive master planning for traffic signalizatlon, our team has designed numerous plans for roadway widening, signal modification, standardization of traffic control systems, and comprehensive systems communications. Our advanced traffic management project experience includes citywide signal system designs, such as the Culver City KITS project, transportation control centers, electronic toll facilities and revenue control systems, and innovative transit and public transportation systems. We design signals to address current needs, but also to accommodate growth and technological advances. In coordination with the City Engineer, we will prepare plans, specifications, and construction estimates (PS&E) for traffic signals and transportation improvement projects. Environmental and Traffic Studies and Reports. As an extension of your staff, we will review and assess the potential traffic and parking impacts of proposed development/redevelopment projects. In most of our assignments we are able to assist City staff in reducing the time it takes to turn around plans and reports. We will assist the City's engineering staff by facilitating traffic data collection for the preparation of traffic studies and continually review the City's traffic circulation system to identify and mitigate any deficiencies In the City's transportation network especlafllr shTOO the City is exrrec€rig a tig,r grerivV? in columerciai nerd resideRtiaf devetein neaf secters fn tf e Frear future. Plan Checking and Traffic Control Plans (TCP). We have supported several agencies in expediting the review of design, construction, and traffic control plans submitted for approval. For example, before we begin preparing the actual TCP documents, the traffic engineer will meet with the project stakeholders to solicit input regarding special coordination needs. During this meeting, our team will present the proposed construction sequence plan, which will include the following: ✓Travel lanes and construction area for each phase of construction ✓Temporary signing and striping, barricades, and other channelization devices City of Diamond Bar I TROC96026.16 m Kelley»? orn ✓Narrative of the sequence of work including utility construction phasing ✓Vehicle and pedestrian detour routing during construction Data Preparations. The Kimley-Horn team Is committed to providing high-quality traffic data to enhance the accuracy of traffic analyses and modeling efforts by 00 staff. We have teamed up with G cunts UnPrintEd, RIDS, and Aunt"G to provide this service. Coordination with other City Departments, Caltrans and Consultants. We will work with appropriate technical staff, consultants, and other City departments in overseeing, coordinating, administrating, and managing public works Capital Improvement Projects under the direction of the City Engineer and Director of Public Works. The key staff members proposed for this contract maintain regular contact with virtually all key regulatory agencies and their decision makers and are especially attuned to Los Angeles County and Caltrans. We Us7dorata€rev Los Angeles Court fly a; td Caltrans Procedures oars cxpecfaflors) erraF kng urs to nrininrize delays and rcrivorkfag of your SGrbn iff.'aIs, Traffic Signal Operations and Traffic Management System (TMS). The Kimley-Horn team will provide traffic signal, ITS, or CMS design services as needed. Our staff brings extensive experience with oversight and maintenance of traffic signal systems, signal timing, and management of the Traffic Management Center (TMC) in Los Angeles County. We will provide technical advice to the City's staff in connection with the maintenance and operation of the City's traffic signal facilities, ITS, TMC, and any other traffic related items. In addition, we have several years of successful partnership with Caltrans and will bring these valuable relationships to the City for timely approvals on projects involving Caltrans coordination, participation, and review. Adaptive Traffic Control System (ATCS Management). Kiri rn was recently awarded the procurement and implementation of the Adaptive Traffic Control System (ATCS) project by the City. If selected as your on-call consultant, we will effectively manage and guide the development of your ATCS program and future upgrades to your system. Ongoing Traffic Signal Operation and Coordination Studies. Kimley-Horn is well established in signal timing and operations in Los Angeles and Orange Counties, The staff proposed has timed thousands of signals nationwide. Additionally, Vikas Sharma, Sri Chakravarthy, and Brian Sowers have managed large regional -level signal coordination projects for agencies like OCTA, MTC, and SANBAG. Assistance with Funding and Grant Securement. Kimley-Horn understands that obtaining successful funding and the identification of potential public and private sources Is critical to your projects. We will assist in preparation of grant applications for funding from federal, state, and regional agencies for traffic safety studies and improvements. Ourteam has the experience, tools, and relationships to expedite the completion of your funding applications. We often deal with the complex regulations tied to the local use of federal funding, and have been successful in obtaining grants for a number of municipalities. If needed, we can also provide insight into the opportunities available and the procedures required to obtain funding. Other Related Services. As a full-service engineering consulting firm, Kimley-Horn's project managers are backed by the resources and talents of a nationally ranked organization comprised of creative and results -oriented engineers, planners, economists, environmental specialists, and technicians. Today, as a fully Integrated, multi -disciplined consulting firm, we offer a variety of in-house services, including: • Highway and street design • Pavement rehabilitation and design • Water, sewer, and stormwater line replacement and design • Potable water and wastewater engineering • 0.10 compliance • Stormwater management • Hydrology/hydraulic studies • Stormwater Pollution Preventions plans (SWPPP) • Transportation engineering/planning City of Diamond Bar I TROC96026.16 • Traffic operations • Parking analysis and design • Traffic signal systems • Development and site plan review • Environmental permitting, assessment, and remediation • Landscape architecture and urban design • Program development and management • Complete street design • ADA compliance expertise Kimley Morn Traffic Committee and Litigation Support. Our team will prepare engineering reports in response to requests for traffic calming and traffic control device installations and modifications such as stop signs, speed bumps, crosswalks, left -turn phasing, traffic on annellzatlon, speed zones and traffic safety. We will also provide technical support to the City's attorneys in litigation cases involving traffic safety issues. Adherence to City Codes and Standards. We will implement ordinances, resolutions, and other directives in accordance with the responsibilities of Traffic Engineer as outlined in City Municipal Code and In accordance with the California Health and Safety Code. Approach to Managing Projects and Resources Kimley-Horn has a proven record of performing on time and within budget. The key to our success In this area is managing the right resources at the right time. We emphasize project management using bi-monthly effort reports that give our project managers up-to-date staffing and expense Information related to their projects. This information enables project managers to confi ruously monitor the status of project cost, cost control effectiveness, and schedule. Project management is both an art and a science at Kimley-Horn. We employ a structured approach to all of our projects that integrates resource, schedule, and budget management for each project we work on. Our project management approach also incorporates quality assurance and continuous quality improvement. Each task is tracked by our computerized management information system (MIS) to ensure accountability of schedule, budget, and expenses. Our project management approach consists of the following proven fundamentals: • Develop a clear understanding of what the project is to accomplish (what products and services we will deliver) • Develop a comprehensive work plan and schedule to manage resources and accomplish the project goals (when we will deliver) • Set weekly milestones (more manageable) that support the larger milestones • Review milestones with the project team on a weekly basis • Involve stakeholders as integral members of the team • Coordinate with other consultants • Create an atmosphere that encourages clear communications and teamwork to accomplish the project goals Ih% consistently meet deadlines and budgets and fully deliver on our commitments. Kimley-Horn has extensive experience in successfully managing and completing on-call project assignments. We understand that on-call projects are often fast -paced and the level of effort required to complete them may be as varied as the projects themselves. Our "cast -ahead" process and depth of in-house resources enable us to offer you the assurance that adequate staff will be available to meet your project schedules. Our cast -ahead forecast summarizes every work plan for all Klmley-Horn projects. Gast-aheads provide an accurate projection of staffing needs and overloads with detailed Information for the upcoming month and summary information for the next six months. Kimley-Horn's production managers use this tool to facilitate the shifting and balancing of work across our entire firm. The cast -ahead process provides the following benefits: • Enables us to better serve our clients and meet their deadlines • Facilitates teamwork through a one -profit center approach • Keeps our people productive and our firm stable We map out a clear, concise, achievable plan to meet your project's goals and timeframes. We recognize that budget and schedule control are critical to the success of your program. Meeting your schedule for deliverables is not just a goal to us, it is a mandate. Cost and schedule control are inherently tied to people. Their experiences, vision, management styles, and philosophies all affect significant components of a project approach and its execution. One of the Important cost and schedule control mechanisms will be the team's previous experiences and lessons learned. City of Diamond Bar I TROC9602616 12 1 lel?) CCS At Kim ley -Horn, we pride ourselves on our ability to routinely exceed our clients' expectations regarding schedule. A key to our ability to achieve consistent, on-time delivery Is our internal workload planning model. Project managers utilize weekly "milestone" spreadsheets to project workload for the following week. Prioritized by deadlines and overall workload requirements, the weekly milestone sheets provide us with the ability to assign and/or reassign our resources to proactively address our client commitments and deadlines. We also utilize a monthly workload planning tool to ensure we have the necessary resources to meetthe anticipated demand of the following month. Where resource shortfalls are identified, whether on a weekly or monthly basis, our proactive identification of specific needs allows us to arrange resource "shifts" to equalize our project demands and consistently satisfy project schedule requirements. We intend to comply with the individual scopes of services that are offered as part of the contract as we would any new project with any client The essential step in complying with a required scope of services is to ensure both the City and Kimley-Horn are in agreement on each and every aspect of the specific project, Once this agreement is obtained, an appropriate schedule and budget will be developed that is acceptable to both parties. As previously discussed, our weekly and monthly resource planning model enables us to allocate resources to ultimately achieve compliance with each individual scope of services. Along with timely performance, we are also committed to providing quality services. Over the years, we have developed and implemented a detailed Quality Control/Quality Assurance program within the firm, which is tailored to suit each project we undertake. We will employ a four -tiered quality control/quality assurance program. First, all activities will undergo peer review. The second tier occurs during the undertaking of a task assignment. The task manager will perform quality control measures by periodic milestone reviews, The project manager then performs an independent quality control check. And lastly, a quality assurance review will be undertaken by an independent reviewer. A key part of quality control though, is quality people. We will provide you with a team of experienced and technically -proficient professionals who know how to implement innovative, cost-saving ideas. Furthermore, senior professionals who are not involved in this project will make quality control calls to gauge your level of satisfaction and reinforce our corporate commitment to you. The Kimley-Horn team offers you the perfect combination of relevant experience, engineering experts, and proven resource and cost control management techniques. 5m Comparable Work Kimley-Horn has a wide range of experience with on-call projects that demonstrate solid fundamental traffic planning and engineering skills and the ability to think outside the box in an increasingly complex urban environment. The following project descriptions illustrate our ability to successfully complete traffic and transportation planning, design, and engineering projects. On -Call PrrsEessecnal Engineering Szeryeces, 11gotara ININS, CA, Kimley-Horn has been providing staff augmentation services to the City of Agoura Hills as part-time City Traffic Engineer for more than seven years. Kimley-Horn staff provide project management, staff augmentation, and engineering services for a variety of infrastructure and capital improvement projects and city programs/services. The projects include oversight of all work typically required for the successful delivery of the following types of projects: • Field investigations • Streetlmprovements/resurfacing/streetscape • Traffic signal and electrical installations • Public works maintenance projects • Roadway widening projects We are responsible for working with appropriate technical staff, consultants and other City departments In overseeing, coordinating, administrating, and managing public works capital improvement projects under the direction of the Director of Public Works, Client Kelly Fisher, Public Works Manager, City of Agoura Hills, 30101 Agoura Ct., Suite 102, Agoura Hills, CA 91301, (818) 597-7338 City of Diamond Bar I TROC96026. 16 13 i 9 epMor E1'-v(^ie i -f FtAlfrE" d n yl c rSi}F ie - i%CG-' Ait_Nd,"sU' CX. Kimley-Horn was selected to provide on-call traffic engineering services to the City of Malibu in 2012—due to high quality service provided by Kim ley -Horn, the contract was later expanded to include civil engineering services. Kimley-Horn staff performs the following on a regular basis, • Review of traffic control plans, traffic impact analysis reports, safety studies, and parking studies ® Engineering and traffic surveys; feasibility/conceptual studies and reports and recommendations for preliminary, final, and construction design studies Applicable subconsultant and engineering disciplines; preparation of construction plans, specifications and estimates; research of utilities and other records; collecting and analyzing traffic data; and participating in meetings with City staff associated with various development and improvement projects Kimley-Horn staff also assists in development of procedures, policies, record keeping, and duties as required related to overall administration of capital improvement projects. Client: Rob Duboux, Asst, Public Works Director, City of Malibu, 23555 Civic Center Way, Malibu, CA 90265, (310) 456-2489 x3 Ae ...("r,(!i r'r'CEr� TO n'n. 1,L �Irf CE. rif-' �s'="(=- `i'CaF Orfs"r ET5i51f. Klmley-Horn has provided on-call traffic and civil engineering services to the City of Industry since 2005. Since Initiation, we have performed more than 40 tasks focused primarily on improving have a proven track record of the transportation system within the City. Tasks entail developing geometric alternatives for Success with projects similar to yours, major intersection modifications; evaluating access points and presenting various alternatives for modifications at the Puente Hills Mall; concept plan for widening the eastbound entrance ramp to SR -60 at Azusa Avenue; intersection capacity analysis using Synchro software; and traffic Impact analysis, sight distance evaluation, traffic handling design, traffic signal design, signing and striping design, speed surveys, peer reviews, a citywide engineering and traffic survey at 38 locations. Our on-call work is conducted with the City Department of Public Works, Client: John Ballas,Chy Engineer, City of Industry,15651 E. Stafford St., Industry, CA 91744, (626) 333-2211 Regina Ru, P.E., QSD Senior Civil Engineer Orange County Public Works 300 N. Flower St., Santa Ana, CA 92703 (714) 647-3927 Rob Duboux Assistant Public Works Director/ Assistant City Engineer Public Works/Engineering City of Malibu 23825 Stuart Ranch Road Malibu, CA 90265 (310) 456-2486, ext. 339 Kelly Fisher Public Works Project Manager City of Agoura Hills 30001 La lyface Court Agoura Hills, CA 91301 (818) 497-7329 City of Diamond Bar I TROC96626,16 14 imleyNM®CSG CONSULTING SERVICES AGREEMENT Design THIS AGREEMENT (the "Agreement") is made as of October 4. 2016 by and between the City of Diamond Bar, a municipal corporation ("City") and Sasaki Transportation Services, Inc.,a California corporation ("Consultant"). 1. Consultant's Services. Subject to the terms and conditions set forth in this Agreement Consultant shall provide to the reasonable satisfaction of the City the services set forth in the attached Exhibit "A", which is incorporated herein by this reference. As a material inducement to the City to enter into this Agreement, Consultant represents and warrants that it has thoroughly investigated the work and fully understands the difficulties and restrictions in performing the work. Consultant represents that it is fully qualified to perform such consulting services by virtue of its experience and the training, education and expertise of its principals and employees. Christian Malpica, Associate Engineer (herein referred to as the "City's Project Manager"), shall be the person to whom the Consultant will report for the performance of services hereunder. It is understood that Consultant shall coordinate its services hereunder with the City's Project Manager to the extent required by the City's Project Manager, and that all performances required hereunder by Consultant shall be performed to the satisfaction of the City's Project Manager and the City Manager 2. Term of Agreement. This Agreement shall take effect October 19, 2016, and shall continue until October 18. 2019 unless earlier terminated pursuant to the provisions herein. 3. Compensation. City agrees to compensate Consultant for each service which Consultant performs to the satisfaction of City in compliance with the scope of services set forth in Exhibit "A". Payment will be made only after submission of proper invoices in the form specified by City. 4. Payment. A. As scheduled services are completed, Consultant shall submit to City an invoice for the services completed, authorized expenses and authorized extra work actually performed or incurred. B. All such invoices shall state the basis for the amount invoiced, including services completed, the number of hours spent and any extra work performed. C. City will pay Consultant the amount properly invoiced within 30 days of receipt, but may withhold 5% of any invoice until all work is completed, which sum shall be paid within 30 days of completion of the work and receipt of all deliverables. D. Payment shall constitute payment in full for all services, authorized costs and authorized extra work covered by that invoice. 5. Change Orders. No payment for extra services caused by a change in the scope or complexity of work, or for any other reason, shall be made unless and until such extra services and a price therefore have been previously authorized in writing and approved by the City Manager or his designee as an amendment to this Agreement. The amendment shall set forth the changes of work, extension of time, if any, and adjustment of the fee to be paid by City to Consultant. 6. Priority of Documents. In the event of any inconsistency between the provisions of this Agreement and any attached exhibits, the provisions of this Agreement shall control. 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 Workers' Compensation laws regarding Consultant and Consultant's employees. Consultant further agrees to indemnify and hold City harmless from any failure of Consultant to comply with applicable Worker's Compensation laws. D. Consultant shall, at Consultant's sole cost and expense fully secure and comply with all federal, state and local governmental permit or licensing requirements, including but not limited to the City of Diamond Bar, South Coast Air Quality Management District, and California Air Resources Board. E. In addition to any other remedies it may have, City shall have the right to offset against the amount of any fees due to Consultant under this Agreement any amount due to City from Consultant as a result of Consultant's failure to promptly pay to City any reimbursement or indemnification required by this Agreement or for any amount or penalty levied against the City for Consultant's failure to comply with this Section. 8. Standard of Performance. Consultant shall perform all work at the standard of care and skill ordinarily exercised by members of the profession under similar conditions and represents that it and any subcontractors it may engage, possess any and all licenses which are required to perform the work contemplated by this Agreement and shall maintain all appropriate licenses during the performance of the work. 9. Indemnification. Consultant shall indemnify, defend with counsel approved by City, and hold harmless City, its officers, officials, employees and volunteers ("Indemnitees") from and against all liability, loss, damage, expense, cost (including without limitation reasonable attorneys' fees, expert fees and all other costs and fees of litigation) of every nature arising out of or in connection with: (1) Any and all claims under Worker's Compensation acts and other employee benefit acts with respect to Consultant's employees or Consultant's contractor's employees arising out of Consultant's work under this Agreement; and (2) Any and all claims arising out of Consultant's performance of work hereunder, not covered by Section (3) below, or its failure to comply with any of its obligations contained in this Agreement, regardless of City's passive negligence, but excepting such loss or damage which is caused by the sole active negligence or willful misconduct of the City. Should City in its sole discretion find Consultant's legal counsel unacceptable, then Consultant shall reimburse the City its costs of defense, including without limitation reasonable attorneys' fees, expert fees and all other costs and fees of litigation. The Consultant shall promptly pay any final judgment rendered against the Indemnitees. It is expressly understood and agreed that the foregoing provisions are intended to be as broad and inclusive as is permitted by the law of the State of California and will survive termination of this Agreement. Except for the Indemnitees, this Agreement shall not be construed to extend to any third party indemnification rights of any kind. (3) Any and all claims arising out of Consultants design professional services, Consultant shall, to the fullest extent permitted by law, Consultant agrees to indemnify , defend and hold Indemnitees harmless from all liability arising out of any claim, loss, injury to or death of persons or damage to property that arise out of, pertain to, or relate to the negligence, recklessness or willful misconduct of the Consultant in the performance of design professional services pursuant to this Agreement, except for such loss or damage which is caused by the sole or active negligence or willful misconduct of the City. 10. Insurance. A. Consultant shall at all times during the term of this Agreement carry, maintain, and keep in full force and effect, with an insurance company authorized to do business in the State of California and approved by the City the following insurance: (1) a policy or policies of broad -form comprehensive general liability insurance written on an occurrence basis with minimum limits of $1,000,000.00 combined single limit coverage against any injury, death, loss or damage as a result of wrongful or negligent acts by Consultant, its officers, employees, agents, and independent contractors in performance of services under this Agreement; (2) property damage insurance with a minimum limit of $500,000.00 per occurrence; (3) automotive liability insurance written on an occurrence basis covering all owned, non -owned and hired automobiles, with minimum combined single limits coverage of $1,000,000.00; (4) Worker's Compensation insurance when required by law, with a minimum limit of $500,000.00 or the amount required by law, whichever is greater; and (5) Professional liability insurance covering errors and omissions arising out of the performance of this Agreement with a combined single limit of $1,000,000. If such insurance is on a claims made basis, Consultant agrees to keep such insurance in full force and effect for at least five years after termination or date of completion of this Agreement. B. The City, its officers, employees, agents, and volunteers shall be named as additional insureds on the policies as to comprehensive general liability, property damage, and automotive liability. The policies as to comprehensive general liability, property damage, and automobile liability shall provide that they are primary, and that any insurance maintained by the City shall be excess insurance only. C. All insurance policies shall provide that the insurance coverage shall not be non -renewed, canceled, reduced, or otherwise modified (except through the addition of additional insureds to the policy) by the insurance carrier without the insurance carrier giving City thirty (30) day's prior written notice thereof. Consultant agrees that it will not cancel, reduce or otherwise modify the insurance coverage and in the event of any of the same by the insurer to immediately notify the City. D. All policies of insurance shall cover the obligations of Consultant pursuant to the terms of this Agreement and except for professional liability insurance, shall be issued by an insurance company which is authorized to do business in the State of California or which is approved in writing by the City; and shall be placed have a current A.M. Best's rating of no less than A-, VII. In the case of professional liability insurance, such coverage shall be issued by companies either licensed or admitted to conduct business in the State of California so long as such insurers possesses the aforementioned Best's rating. E. Consultant shall submit to City (1) insurance certificates indicating compliance with the minimum insurance requirements above, and (2) insurance policy endorsements or a copy of the insurance policy evidencing the additional insured requirements in this Agreement, in a form acceptable to the City. F. Self -Insured Retention/Deductibles. All policies required by this Agreement shall allow City, as additional insured, to satisfy the self-insured retention ("SIR") and/or deductible of the policy in lieu of the Consultant (as the named insured) should Consultant fail to pay the SIR or deductible requirements. The amount of the SIR or deductible shall be subject to the approval of the City. Consultant understands and agrees that satisfaction of this requirement is an express condition precedent to the effectiveness of this Agreement. Failure by Consultant as primary insured to pay its SIR or deductible constitutes a material breach of this Agreement. Should City pay the SIR or deductible on Consultant's due to such failure in order to secure defense and indemnification as an additional insured under the policy, City may include such amounts as damages in any action against Consultant for breach of this Agreement in addition to any other damages incurred by City due to the breach. G. Subrogation. With respect to any Workers' Compensation Insurance or Employer's Liability Insurance, the insurer shall waive all rights of subrogation and contribution it may have against the Indemnitees. H. Failure to Maintain Insurance. If Contractor fails to keep the insurance required under this Agreement in full force and effect, City may take out the necessary insurance and any premiums paid, plus 10% administrative overhead, shall be paid by Consultant, which amounts may be deducted from any payments due Consultant. I. Consultant shall include all subcontractors, if any, as insureds under its policies or shall furnish separate certificates and endorsements for each subcontractor to the City for review and approval. All insurance for subcontractors shall be subject to all of the requirements stated herein. 11. Confidentiality. Consultant in the course of its duties may have access to confidential data of City, private individuals, or employees of the City. Consultant covenants that all data, documents, discussion, or other information developed or received by Consultant or provided for performance of this Agreement are deemed confidential and shall not be disclosed by Consultant without written authorization by City. City shall grant such authorization if disclosure is required by law. All City data shall be returned to City upon the termination of this Agreement. Consultant's covenant under this section shall survive the termination of this Agreement. Notwithstanding the foregoing, to the extent Consultant prepares reports of a proprietary nature specifically for and in connection with certain projects, the City shall not, except with Consultant's prior written consent, use the same for other unrelated projects. 12. Ownership of Materials. Except as specifically provided in this Agreement, all materials provided by Consultant in the performance of this Agreement shall be and remain the property of City without restriction or limitation upon its use or dissemination by City. Consultant may, however, make and retain such copies of said documents and materials as Consultant may desire. 13. Maintenance and Inspection of Records. In accordance with generally accepted accounting principles, Consultant and its subcontractors shall maintain reasonably full and complete books, documents, papers, accounting records, and other information (collectively, the "records") pertaining to the costs of and completion of services performed under this Agreement. The City and any of their authorized representatives shall have access to and the right to audit and reproduce any of Consultant's records regarding the services provided under this Agreement. Consultant shall maintain all such records for a period of at least three (3) years after termination or completion of this Agreement. Consultant agrees to make available all such records for inspection or audit at its offices during normal business hours and upon three (3) days' notice from the City, and copies thereof shall be furnished if requested. 14. Conflict of Interest. A. Consultant covenants that it presently has no interest and shall not acquire any interest, direct or indirect, which may be affected by the services to be performed by Consultant under this Agreement, or which would conflict in any manner with the performance of its services hereunder. Consultant further covenants that, in performance of this Agreement, no person having any such interest shall be employed by it. Furthermore, Consultant shall avoid the appearance of having any interest which would conflict in any manner with the performance of its services pursuant to this Agreement. B. Consultant covenants not to give or receive any compensation, monetary or otherwise, to or from the ultimate vendor(s) of hardware or software to City as a result of the performance of this Agreement. Consultant's covenant under this section shall survive the termination of this Agreement. 15. Termination. The City may terminate this Agreement with or without cause upon fifteen (15) days' written notice to Consultant. The effective date of termination shall be upon the date specified in the notice of termination, or, in the event 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, unless the notice provides otherwise, except those services reasonably necessary to effectuate the termination. The City shall be not liable for any claim of lost profits. 16. Personnel/Designated Person. Consultant represents that it has, or will secure at its own expense, all personnel required to perform the services under this Agreement. All of the services required under this Agreement will be performed by Consultant or under it supervision, and all personnel engaged in the work shall be qualified to perform such services. Except as provided in this Agreement, Consultant reserves the right to determine the assignment of its own employees to the performance of Consultant's services under this Agreement, but City reserves the right in its sole discretion to require Consultant to exclude any employee from performing services on City's premises. 17. Non -Discrimination and Equal Employment Opportunity. A. Consultant shall not discriminate as to race, color, creed, religion, sex, marital status, national origin, ancestry, age, physical or mental handicap, medical condition, or sexual orientation, in the performance of its services and duties pursuant to this Agreement, and will comply with all rules and regulations of City relating thereto. Such nondiscrimination shall include but not be limited to the following: employment, upgrading, demotion, transfers, recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. B. Consultant will, in all solicitations or advertisements for employees placed by or on behalf of Consultant state either that it is an equal opportunity employer or that all qualified applicants will receive consideration for employment without regard to race, color, creed, religion, sex, marital status, national origin, ancestry, age, physical or mental handicap, medical condition, or sexual orientation. C. Consultant will cause the foregoing provisions to be inserted in all subcontracts for any work covered by this Agreement except contracts or subcontracts for standard commercial supplies or raw materials. 19. Time of Completion. Consultant agrees to commence the work provided for in this Agreement within (5) days of being notified by the City to proceed and to diligently prosecute completion of the work within the time frame designated per task or as may otherwise be agreed to by and between the Project Manager and the Consultant. 20. Time Is of the Essence. Time is of the essence in this Agreement. Consultant shall do all things necessary and incidental to the prosecution of Consultant's work. 21. Delays and Extensions of Time. Consultant's sole remedy for delays outside its control shall be an extension of time. No matter what the cause of the delay, Consultant must document any delay and request an extension of time in writing at the time of the delay to the satisfaction of City. Any extensions granted shall be limited to the length of the delay outside Consultant's control. If Consultant believes that delays caused by the City will cause it to incur additional costs, it must specify, in writing, why the delay has caused additional costs to be incurred and the exact amount of such cost within 10 days of the time the delay occurs. No additional costs can be paid that exceed the not to exceed amount absent a written amendment to this Agreement. In no event shall the Consultant be entitled to any claim for lost profits due to any delay, whether caused by the City or due to some other cause. 22. Assignment. Consultant shall not assign or transfer any interest in this Agreement nor the performance of any of Consultant's obligations hereunder, without the prior written consent of City, and any attempt by Consultant to so assign this Agreement or any rights, duties, or obligations arising hereunder shall be void and of no effect. 23. Compliance with Laws. Consultant shall comply with all applicable laws, ordinances, codes and regulations of the federal, state, and local governments. 24. Non -Waiver of Terms, Rights and Remedies. Waiver by either party of any one or more of the conditions of performance under this Agreement shall not be a waiver of any other condition of performance under this Agreement. In no event shall the making by City of any payment to Consultant constitute or be construed as a waiver by City of any breach of covenant, or any default which may then exist on the part of Consultant, and the making of any such payment by City shall in no way impair or prejudice any right or remedy available to City with regard to such breach or default. 25. Attorney's Fees. In the event that either party to this Agreement shall commence any legal or equitable action or proceeding to enforce or interpret the provisions of this Agreement, the prevailing party in such action or proceeding shall be entitled to recover its costs of suit, including reasonable attorney's fees and costs, including costs of expert witnesses and consultants. 26. Mediation. Any dispute or controversy arising under this Agreement, or in connection with any of the terms and conditions hereof, which cannot be resolved by the parties, may be referred by the parties hereto for mediation. A third party, neutral mediation service shall be selected, as agreed upon by the parties and the costs and expenses thereof shall be borne equally by the parties hereto. The parties agree to utilize their good faith efforts to resolve any such dispute or controversy so submitted to mediation. It is specifically understood and agreed by the parties hereto that mutual good faith efforts to resolve the same any dispute or controversy as provided herein, shall be a condition precedent to the institution of any action or proceeding, whether at law or in equity with respect to any such dispute or controversy. 27. Notices. Any notices, bills, invoices, or reports required by this Agreement shall be deemed received on (a) the day of delivery if delivered by hand during regular business hours or by facsimile before or during regular business hours; or (b) on the third business day following deposit in the United States mail, postage prepaid, to the addresses heretofore set forth in the Agreement, or to such other addresses as the parties may, from time to time, designate in writing pursuant to the provisions of this section. "CONSULTANT" Sasaki Transportation Services, Inc. P.O. Box 5159 Laguna Beach, CA 92652 Attn.: Steven S. Sasaki Phone: 949 376-6613 E -Mail: sasak5@msn.com "CITY" City of Diamond Bar 21810 Copley Drive Diamond Bar, CA 91765-4178 Attn.: David G. Liu Phone: 909 839-7040 E-mail: publicworks@diamondbarca.gov 28. Governing Law. This Agreement shall be interpreted, construed and enforced in accordance with the laws of the State of California. 29. Counterparts. This Agreement may be executed in any number of counterparts, each of which shall be deemed to be the original, and all of which together shall constitute one and the same instrument. 30. Entire Agreement. This Agreement, and any other documents incorporated herein by reference, represent the entire and integrated agreement between Consultant and City. This Agreement supersedes all prior oral or written negotiations, representations or agreements. This Agreement may not be amended, nor any provision or breach hereof waived, except in a writing signed by the parties which expressly refers to this Agreement. Amendments on behalf of the City will only be valid if signed by a person duly authorized to do so under the City's Purchasing Ordinance. IN WITNESS of this Agreement, the parties have executed this Agreement as of the date first written above. "Consultant" "City" Sasaki Transportation Services, Inc. CITY OF DIAMOND BAR P.O. Box 5159 Laguna Beach, CA 92652 By: Printed Name: Title: By: Printed Name: Approved as to form: David A. DeBerry, City Attorney Nancy A. Lyons, Mayor ry�112011 Tommye Cribbins, City Clerk 'NOTE: If Consultant is a corporation, the City requires the following signature(s): (1) the Chairman of the Board, the President or a Vice -President, AND (2) the Secretary, the Chief Financial Officer, the Treasurer, an Assistant Secretary or an Assistant Treasurer. If only one corporate officer exists or one corporate officer holds more than one corporate office, please so indicate. OR The corporate officer named in a corporate resolution as authorized to enter into this Agreement. A copy of the corporate resolution, certified by the Secretary close in time to the execution of the Agreement most be provided to the City. 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The data provided is not a complete or certified record of an entity. Entity Name: SASAKI TRANSPORTATION SERVICES, INC. Entity Number: C2940334 Date Filed: 01/01/2007 Status: ACTIVE Jurisdiction: CALIFORNIA Entity Address: 3197 ALTA LAGUNA BLVD. Entity City, State, Zip: LAGUNA BEACH CA 92651 Agent for Service of Process: JONATHAN G. GABRIEL Agent Address: 16311 VENTURA BLVD. SUITE 970 Agent City, State, Zip: ENCINO CA 91346 * Indicates the information is not contained in the California Secretary of State's database. • If the status of the corporation is "Surrender," the agent for service of process is automatically revoked. Please refer to California Corporations Code section 21114 for information relating to service upon corporations that have surrendered. • For information on checking or reserving a name, refer to Name Availability, • For information on ordering certificates, copies of documents and/or status reports or to request a more extensive search, refer to In form ation,Re[lu2St5. • For help with searching an entity name, refer to Search Tips. • For descriptions of the various fields and status types, refer to Field Descriptions and Status Definitions. Madify Search New Search Printer Friendly Back to Search Results Privacystatement (Free Pocument Readers Copyright C 2016 California Secretary of State http://kepler.sos.ca.gov/ 9/28/2016 EXHIBIT "A" SASAKI TRANSPORTATION SERVICES, INC. September 4, 2016 Mr. Christian Malpica Associate Engineer City of Diamond Bar Department of Public Works 21810 Copley Drive Diamond Bar, CA 91765-4177 Dear Mr. Malpica: Sasaki Transportation Services, Inc. ("STS") is pleased with the opportunity to submit this proposal to provide Professional Consultant Traffic and Transportation Engineering Services for a period of three (3) years commencing October 19, 2016 with the possibility of two additional (annual) renewals. Our principal engineer, Mr. Steven S. Sasaki, has very much enjoyed the past fifteen (15) years serving the City of Diamond Bar, providing on-call consultant services, and would remain as the engineer assigned to oversee and essentially, personally complete all assigned tasks for the City of Diamond Bar. His past work for the City of Diamond Bar results in valuable experience in fulfilling the required duties, as detailed in the City's invitation to submit proposals ("RFP"). The combination of our past experience and on-going commitment to the City of Diamond Bar allows STS to offer a very high level of service in fulfilling the required scope of work. Being the firm principal and given his experience, Mr. Sasaki can provide very timely expertise when needed. In response to the RFP, this proposal is intended to be concise while still presenting a complete overview of our qualifications to perform the required services. As a result of our past work (our previous and current contracts) for the City of Diamond Bar, STS is very familiar with the duties required to fulfill the scope items outlined in the RFP. The sections listed below correspond to the items identified under the "PROPOSAL CONTENTS" section of the RFP: Background: The firm principal for STS, Mr. Steve Sasaki, has been a professional Traffic and Transportation Engineer since 1981 (please see attached resume). He is a State of California registered Civil Engineer and Traffic Engineer, with Professional Traffic Operations Engineer ("PTOE") certification. His experience is extensive in both public and private sector work. He has expertise in all aspects of City transportation planning tasks, e.g.: - Development of study scope items P.O. BOX 5159 LAGUNA BEACH, CA 92652 (949) 376-6613 Review of traffic and parking studies - Site plan reviews Preparation of project conditions of approval Preparation of staff comments Coordination with other City departments, etc. Mr. Sasaki is also well versed in fulfilling various City traffic engineering duties, i.e.: - Preparation of warrant studies - Response to citizen issues - Preparation of staff reports - Addressing traffic operational issues - Attendance at meetings - Preparation of CMP materials - Assisting in development of CIP projects - Preparation of finding applications, etc- He ta He also has extensive experience in speaking and making presentations at public forums (e.g. public hearings, citizen groups, City Council sessions, etc.) Mr. Sasaki's experience and skills allow him to provide valuable and economical services to the City. Given our mix of experience in serving both the public and private sectors, we bring a desirable blend of practical traffic engineering practices and transportation planning concepts, for projects that range from small, single sites to large developments. We have proven to be proficient at completing day to day tasks to meet the needs of our clients, but also excel when called upon to develop innovative solutions. When developing new programs/innovations (i.e., review of unique projects, development of new traffic fee programs, etc.) we have found it important to achieve stakeholder consensus based on proven traffic engineering principles, so the programs can withstand time and scrutiny. The City of Diamond Bar is aware, STS has extensive experience in preparation and review of traffic impact studies for all types and sizes of projects, including large and complex environmental studies. Our evaluations and ultimate recommendations for more complex projects, relies upon on-going and effective communications with the City to assure meeting the City's goals. We are essentially a one-person firm that affords the City the opportunity to have the principal engineer directly involved in all aspects of the review, work product, design, interaction, attendance at meetings, etc. Given the current positioning of our firm we are somewhat selective regarding the work we propose on, whether serving as an extension of City staff or private work, which allows us to provide excellent service to all our clients (including the City of Diamond Bar). Consultant Team: All work is proposed to be completed under the direction of, and primarily performed by the firm principal Mr. Steven S. Sasaki, P.E., PTOE. Mr. Sasaki is both a registered Civil Engineer (C SASAIiI TRANSPORTATION SERVICES, INC. Proposal to the City of Diamond Bar Prop DBar On-Call'16 Traffic & Transportation Services 52768) and Traffic Engineer (TR 1462) in the State of California, as well as a Professional Traffic Operations Engineer ("PTOE"). Please see the attached resume for Mr. Sasaki. The requested Rate Schedule that identifies the hourly fees for our firm has been included as a part of this proposal. Our firm rates have been recently updated as they had not previously changed since year 2007. For this proposal, our Principal Engineer, Mr. Steve Sasaki would be made available at the "Senior Engineer / Planner" rate of $170.00 per hour (rather than the Firm Principal rate of $210.00 per hour). This rate would apply for all time and materials work performed for the City of Diamond Bar (lump sum tasks would be performed for the agreed upon totals but the underlying bases would still be the reduced rate of $170.00 per hour for Mr. Sasaki.) Mr. Sasaki would be assigned as the consultant's representative and would coordinate services to the City of Diamond Bar. At the request of the City of Diamond Bar, STS would work with other consultants serving the City and/or pursue use of sub -consultants when required to meet the needs of the City. Approach, Methodology, and Comparable Work STS will be responsible for providing on-call professional consultant traffic and transportation engineering services to the City of Diamond Bar. The consultant would provide technical support services to City staff as directed and complete specific assignments in a timely manner as required (e.g., typically ten (10) working days for review of most traffic/parking studies). We would be available as a resource for traffic/transportation engineering issues, principles, policies, and practices. STS is currently serving as a consultant for the City of Diamond Bar and the assignments have covered a number of different tasks. In addition, STS has provided an even broader range of services to the Cities of Tustin, Gardena, and La Habra. The identification of approaches, methodologies, and comparable work are generally addressed below and more details can be provided as requested: • STS will be pro -active in the performance of their duties by proceeding and completing assignments with minimal instruction from City staff. Mr. Sasaki, the designated representative, would draw upon his approximately 35 years of experience in the Traffic Engineering profession to complete tasks with limited supervision. His past service to the City of Diamond Bar affords him knowledge of the City's expectations and the work product required. • Mr. Sasaki would value an opportunity to maintain his close working relationship with the City of Diamond Bar and staff. A successful professional services relationship requires the consultant to have flexibility in his time commitments, so he can work closely with staff to meet their needs. Being the principal of this firm, Mr. Sasaki is able to ensure the necessary commitment of time to the City of Diamond Bar. • STS would attend miscellaneous meetings, gatherings, and hearings as requested, including but not limited to Public Hearings, Public Forums, staff meetings and SASAM TRANSPORTATION SErzvrCES, ENC. Proposal to the City of Diamond Bar Prop DBar On-Call'16 Traffic & Transportation Services d coordination/planning meetings. Mr. Sasaki has attended a great number of public hearing meetings throughout his career and countless project meetings. These meetings were attended by City staff, citizens, various consultants, developers, property owners, and City Council members. We have consistently found the best approach is to present ourselves as a technical resource. Our technical findings would be based within the laws and policies of the City of Diamond Bar. Any recommendation would typically be based on the technical findings that best fit the City of Diamond Bar. • The consultant would represent the City and make recommendations as required.- however, equired:however, the consultant will retain its individual identity as an independent contractor. • As an example of relatively unique tasks, Mr. Sasaki served as the City of La Habra representative at County meetings, while the Congestion Management Program ("CMP") and Growth Management Plan ("GMP") were developed at the County level, and ultimately for the City of La Habra. Our experience with development of the CMP and GMP programs is somewhat unique as we were one of the few consultants acting as City staff in the development of these programs for Orange County. After the inception and implementation of these programs, Mr. Sasaki worked with the City of La Habra in maintaining their CMF compliance including review of the biennial counts. Development projects also needed to demonstrate CMP compliance and STS assisted the City in these matters. • The principal of our firm also participated in the development of the Citywide Fee and traffic improvement Phasing Ordinance programs for the City of La Habra (related to CMP/GMP compliance), and worked directly with the on-going application of these programs. He is currently working with the City to update their fees to best meet their current needs. • Mr. Sasaki also worked with the City of Cypress (City Council, City staff, and their major developers) in the development of their Citywide traffic fee. The methodologies differed from the City of La Habra, as each fee program was "tailored" to meet the specific needs of each City. • Review of development project, Traffic and Parking studies. We have performed these tasks for various cities including Tustin, Gardena, La Habra, and Diamond Bar. The tasks have included all aspects of development project review, contact and meetings with the developers, development of study scope, responding to questions from the project applicant's engineer, review of traffic and parking studies, preparation of comments, attendance at public hearings, etc. • Review of project site plans from a traffic operational viewpoint as well as compliance with traffic engineering standards. These reviews have been conducted in conjunction with City staff and included access and on-site circulation issues. Mr. Sasaki has review innumerable site plans with regard to access and on-site circulation for both Public Agencies and for private developers allowing STS to understand the desires and constraints of "both sides." When working on behalf of an Agency we, therefore, are confident our comments are realistic and pertinent. Since many traffic issues are not SASAM TRANSPORTATION Srs.rtvrCES, INC. Proposal to the City of Diamond Bar Prop DBar On-Call'16 Traffic & Transportation Services 5 "black and white", consistency of review of similar situations is also important. Our history with the City of Diamond Bar affords us the opportunity to also maintain a consistency with past evaluations. • We have provided various staff type, plan reviews for the Cities of Diamond Bar, Tustin and La Habra Engineering Departments, which has involved coordination with the Planning and Building Departments. Duties included review of the plans from a traffic engineering perspective, coordination with City staff, and preparation of internal comments and memorandums. In Gardena we contracted through the Planning Department. We have shown a strong ability to communicate with other departments, which has proven to be beneficial for all parties concerned. Often this communication serves to mitigate potential problems. This communication can also help save time in the review process for the applicant. ® STS has experience in serving as City staff by maintaining regular hours at a jurisdiction (e.g., at the Cities of La Habra and Tustin) and providing assistance with day-to-day traffic engineering matters. The tasks included a wide range of duties such as responding to citizen requests, conducting traffic investigations, collecting and organizing traffic data, preparation of traffic operations reports, etc. Mr. Sasaki combined knowledge of traffic engineering principles with writing and communication skills, to obtain positive feedback from citizens on a consistent basis. • STS has provided technical support and analyses relative to funding issues for Capital Improvement Program ("CIP") projects. The tasks performed have included identification of traffic improvement needs/projects, development of schematic improvement drawings, and preparation of traffic analyses related to the potential CIP projects. • Traffic and Parking studies have been prepared on behalf of the Cities of Gardena, Tustin, and La Habra. Rather than reviewing studies prepared by others, these Cities periodically decided to take the lead role in preparation of a study. STS is well-suited for preparation of these types of studies given its past and present experience working with the private sector. References • Contact: Mr. David Liu Director of Public Works/City Engineer City of Diamond Bar 909-839-7040 e-mail: DLiu@DiamondBarCA.gov • Contact: Mr. Nelson Wong Traffic Manager City of La Habra P.O. Box 337 SASAh-I TRAWSPORTATION SERVICES, INC,. Proposal to the City of Diamond Bar Prop DBar On -Call l6 Traffic & Transportation services M La Habra, CA 90633 562-905-9720 e-mail: NWong@LaHabraCA_gov • Contact: Mr_ Eddie Guerrero Transportation Engineering City of Los Angeles, DOT 1828 Sawtelle Blvd., Room 108 Los Angeles, CA 90633 213-485-1062 e-mail: _ddiie. -uerrtmto � _- (STS traffic studies reviewed by LADOT) • Contact: Mr. Doug Anderson City of Tustin 300 Centennial Way Tustin, CA 92780-3715 714-573-3150 e-mail: DAnderson@tustinea.org (Past in -city work with Mr. Anderson) Terms and Conditions • The general terms and conditions outlined in the consulting services agreement are acceptable to STS. Any requested changes to the consultant services agreement would be consistent with previous agreement modifications approved by the City of Diamond Bar. Availability of STS Staff • Given the current positioning of our firm, by choice, we are providing Traffic Engineering services for a limited number of cities and private clients which allows us to provide excellent services for all (including the City of Diamond Bar). A successful professional services relationship requires the consultant to have flexibility in his time commitments, so he can work closely with staff to meet their needs. Being the principal of this firm, Mr. Sasaki is able to ensure the necessary commitment of time to the City of Diamond Bar. Sub -Consultants and Absences • There are currently no sub -consultants included in this proposal. It is possible that in the future STS may endeavor to associate with an individual or firm to assist in meeting the needs of the City of Diamond Bar. If this were to occur, Mr. Sasaki would remain as the designated representative to the City of Diamond Bar. SASAKI TRANSPORTATION SERVICES, INC. Proposal to the City of Diamond Bar Prop DBar On -Call F16 Traffic & Transportation Services There will be periods where the designated representative will be out of the area (e.g., vacation, professional development conferences, etc.). Mr. Sasaki, however, will still be reasonably available to respond to questions, provide evaluations (as possible), generate work, etc., while out of the area. An itinerary can be provided prior to these scheduled trips if requested. Conflict of Interest We are not aware of any conflicts of interest, other projects, or commitments that might impair or undermine the consultant's abilities or credibility regarding the proposed services. Sasaki Transportation Services is dedicated to providing quality service and a high standard of technical expertise. This can be assured, as you would receive your primary traffic engineering services from the firm principal. It can be noted that Mr. Sasaki also has complete control over his time commitments. We are excited at the prospect of being able to maintain our on-going relationship with the City of Diamond Bar and are truly pleased to have the opportunity to submit this proposal. If you have any questions please do not hesitate to call me at (949) 376-6613 or cell phone (949) 697-1118. Respectfully submitted, SASAKI TRANSPORTATION SERVICES, INC. Steven S. Sasaki, P.E., PTOE Principal SASATU TRANSPORTATION SERVICES. INC. Proposal to the City of Diamond Bar Prop DSar On-Call'16 Traffic & Transportation Services SASAKI TRANSPORTATION SERVICES, INC. STEVEN S. SASAKI PRINCIPAL Mr. Sasaki began his career in Traffic Engineering in 1981 and all of his experience through the present, has been in this profession. His experience encompasses a wide range of services including the preparation of traffic impact analyses, assistance to public agencies, conducting parking studies, providing on -staff traffic engineering services, examination of traffic operational issues. development/plan check review, access/on-site circulation evaluation, addressing inquiries from the general public, and presentation at public hearings. Mr. Sasaki continues to produce the majority of critical work efforts of this firm, interacts with clients, personally works with Agency decision makers and staffs, as well as making all presentations at public hearings. His experience has proven to yield efficient solutions to both simple and complex technical issues. REPRESENTATIVE EXPERIENCE: Traffic Impact Analvses ITIA) & Parkinc Studies: - Specific Plan TIA for the Boeing site; Huntington Beach, CA - Industrial/Warehouse/Office project - Chevron Land Development TIA; La Habra, CA -1,065 dwelling unit residential project. - Athens Services; County of Los Angeles - Waste Transfer Station - Green Valley TIA; Carlsbad, CA - Community Shopping Center Development - Stevenson Ranch Traffic Studies; County of Los Angeles, CA - Master Planned Residential Community - General Plan Transportation Element, Cypress, CA - Evaluation of the Citywide circulation needs - Walnut Hills TIA; Walnut, CA - Residential / Golf community - Various Individual "Pad" Developments; Southern California - Gas Stations, In- N -Out Burger, McDonalds, etc. - Parking Studies throughout Southern California - Churches, Retail Center, Hospitals, Entertainment facilities, etc- - NBC Studios; Burbank, CA - Access and Design Concept Assistance to Public Agencies: - Review of TIAs for the City of Diamond Bar - Identified Traffic Impact Concerns on Behalf of the City - Development Review and Traffic Analyses; Gardena, Ca - On Call Traffic Engineering Services - Consultant Traffic Engineer; Tustin, CA - Service as in -House Traffic Engineer Staff - On Call Traffic Engineering Services; La Habra, CA - Development review, GMP/CMP compliance, Fee study, etc. - Acting City Traffic Engineer, Rancho Palos Verdes, CA - Duties included serving the City Traffic Commission - Development and Enactment of a Citywide Traffic Fee; Cypress, CA - In order to meet County GMP Requirements - Preparation of Traffic Studies; El Monte, CA -Various Projects including the City Aquatics Center - Various Reviews of Environmental Traffic Studies on behalf of Public Agencies - Projects with potential Legal Issues Additional Skills: - Instructor at California State University; Long Beach, CA - Traffic Engineering Registration review class - Presentations in Public Forums including City Council Hearings - Excellent Writing Skills to Communicate Technical Information to the Public - Extensive Experience working with Citizens, Decision Making bodies, and other Professionals P.O. BOX 5159 LAGUNA BEACH, CA 92652 (949) 376-6613 SASAKI TRANSPORTATION SERVICES, INC. EDUCA Civil Engineering (Transportation), Bachelor of Science, Iowa State University, 1984. PROFESSIONAL AFFILIATIONS: - Institute of Transportation Engineers - Section Past President, District Past Membership Chairpersor, - American Society of Civil Engineers - Orange County Traffic Engineering Council - Past Chairperson REGISTRATIONS: - Registered Traffic Engineer (TR 9462), State of California - Registered Civil Engineer (C52768), State of California - Professional Traffic Operations Engineer (PTOE) P_O. BOX 5159 LAGUNA BEACH, CA 92652 (949) 376-6613 SASAKI TRANSPORTATION SERVICES, INC. Effective September 1, 2016 PROFESSIONAL STAFF HOURLY RATES - Firm Principal $210.00 - Senior Engineer/ Planner $170.00 - Associate Engineer / Planner $150.00 - Assistant Engineer / Planner / Sr. Draftsperson $110.00 SUPPORT STAFF - Draftsperson $ 95.00 - Administrative $ 75.00 - Field Staff $ 75.00 GENERAL 1) The designated hourly rates are applicable to travel time for personnel. Direct costs will be billed at 110 percent and automobile mileage will be billed at a rate of $0.45 per mile. 2) Invoices shall be submitted monthly or upon completion of the work, at our option. The invoices shall be due and payable upon receipt. If unpaid for 60 days, invoices may have a 1.5 percent, per month, service charge added_ We may halt work on projects when invoices are not fully paid and/or overdue, at our option, unless mutual agreement is achieved. 3) Compensation for services performed will not be contingent upon the necessity of the client to receive payment from other parties. P.O. BOX 5159 LAGUNTA BEACH, CA 92652 (949) 376-6613 CONSULTING SERVICES AGREEMENT Design THIS AGREEMENT (the "Agreement") is made as of October 4. 2016 by and between the City of Diamond Bar, a municipal corporation ("City") and Stantec Consulting Services, Inc., a New York corporation ("Consultant"). 1. Consultant's Services. Subject to the terms and conditions set forth in this Agreement Consultant shall provide to the reasonable satisfaction of the City the services set forth in the attached Exhibit "A", which is incorporated herein by this reference. As a material inducement to the City to enter into this Agreement, Consultant represents and warrants that it has thoroughly investigated the work and fully understands the difficulties and restrictions in performing the work. Consultant represents that it is fully qualified to perform such consulting services by virtue of its experience and the training, education and expertise of its principals and employees. Christian Malpica, Associate Engineer (herein referred to as the "City's Project Manager"), shall be the person to whom the Consultant will report for the performance of services hereunder. It is understood that Consultant shall coordinate its services hereunder with the City's Project Manager to the extent required by the City's Project Manager, and that all performances required hereunder by Consultant shall be performed to the satisfaction of the City's Project Manager and the City Manager 2. Term of Agreement. This Agreement shall take effect October 19, 2016, and shall continue until October 18, 2019 unless earlier terminated pursuant to the provisions herein. 3. Compensation. City agrees to compensate Consultant for each service which Consultant performs to the satisfaction of City in compliance with the scope of services set forth in Exhibit "A". Payment will be made only after submission of proper invoices in the form specified by City. 4. Payment. A. As scheduled services are completed, Consultant shall submit to City an invoice for the services completed, authorized expenses and authorized extra work actually performed or incurred. B. All such invoices shall state the basis for the amount invoiced, including services completed, the number of hours spent and any extra work performed. C. City will pay Consultant the amount properly invoiced within 30 days of receipt, but may withhold 5% of any invoice until all work is completed, which sum shall be paid within 30 days of completion of the work and receipt of all deliverables. D. Payment shall constitute payment in full for all services, authorized costs and authorized extra work covered by that invoice. 5. Change Orders. No payment for extra services caused by a change in the scope or complexity of work, or for any other reason, shall be made unless and until such extra services and a price therefore have been previously authorized in writing and approved by the City Manager or his designee as an amendment to this Agreement. The amendment shall set forth the changes of work, extension of time, if any, and adjustment of the fee to be paid by City to Consultant. 6. Priority of Documents. In the event of any inconsistency between the provisions of this Agreement and any attached exhibits, the provisions of this Agreement shall control. 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 Workers' Compensation laws regarding Consultant and Consultant's employees. Consultant further agrees to indemnify and hold City harmless from any failure of Consultant to comply with applicable Worker's Compensation laws. D. Consultant shall, at Consultant's sole cost and expense fully secure and comply with all federal, state and local governmental permit or licensing requirements, including but not limited to the City of Diamond Bar, South Coast Air Quality Management District, and California Air Resources Board. E. In addition to any other remedies it may have, City shall have the right to offset against the amount of any fees due to Consultant under this Agreement any amount due to City from Consultant as a result of Consultant's failure to promptly pay to City any reimbursement or indemnification required by this Agreement or for any amount or penalty levied against the City for Consultant's failure to comply with this Section. 8. Standard of Performance. Consultant shall perform all work at the standard of care and skill ordinarily exercised by members of the profession under similar conditions and represents that it and any subcontractors it may engage, possess any and all licenses which are required to perform the work contemplated by this Agreement and shall maintain all appropriate licenses during the performance of the work. 9. Indemnification. Consultant shall indemnify, defend with counsel approved by City, and hold harmless City, its officers, officials, employees and volunteers ("Indemnitees") from and against all liability, loss, damage, expense, cost (including without limitation reasonable attorneys' fees, expert fees and all other costs and fees of litigation) of every nature arising out of or in connection with: (1) Any and all claims under Worker's Compensation acts and other employee benefit acts with respect to Consultant's employees or Consultant's contractor's employees arising out of Consultant's work under this Agreement; and (2) Any and all claims arising out of Consultant's performance of work hereunder, not covered by Section (3) below, or its failure to comply with any of its obligations contained in this Agreement, regardless of City's passive negligence, but excepting such loss or damage which is caused by the sole active negligence or willful misconduct of the City. Should City in its sole discretion find Consultant's legal counsel unacceptable, then Consultant shall reimburse the City its costs of defense, including without limitation reasonable attorneys' fees, expert fees and all other costs and fees of litigation. The Consultant shall promptly pay any final judgment rendered against the Indemnitees. It is expressly understood and agreed that the foregoing provisions are intended to be as broad and inclusive as is permitted by the law of the State of California and will survive termination of this Agreement. Except for the Indemnitees, this Agreement shall not be construed to extend to any third party indemnification rights of any kind. (3) Any and all claims arising out of Consultants design professional services, Consultant shall, to the fullest extent permitted by law, Consultant agrees to indemnify , defend and hold Indemnitees harmless from all liability arising out of any claim, loss, injury to or death of persons or damage to property that arise out of, pertain to, or relate to the negligence, recklessness or willful misconduct of the Consultant in the performance of design professional services pursuant to this Agreement, except for such loss or damage which is caused by the sole or active negligence or willful misconduct of the City. 10. Insurance. A. Consultant shall at all times during the term of this Agreement carry, maintain, and keep in full force and effect, with an insurance company authorized to do business in the State of California and approved by the City the following insurance: (1) a policy or policies of broad -form comprehensive general liability insurance written on an occurrence basis with minimum limits of $1,000,000.00 combined single limit coverage against any injury, death, loss or damage as a result of wrongful or negligent acts by Consultant, its officers, employees, agents, and independent contractors in performance of services under this Agreement; (2) property damage insurance with a minimum limit of $500,000.00 per occurrence; (3) automotive liability insurance written on an occurrence basis covering all owned, non -owned and hired automobiles, with minimum combined single limits coverage of $1,000,000.00,- (4) 1,000,000.00; (4) Worker's Compensation insurance when required by law, with a minimum limit of $500,000.00 or the amount required by law, whichever is greater; and (5) Professional liability insurance covering errors and omissions arising out of the performance of this Agreement with a combined single limit of $1,000,000. If such insurance is on a claims made basis, Consultant agrees to keep such insurance in full force and effect for at least five years after termination or date of completion of this Agreement. B. The City, its officers, employees, agents, and volunteers shall be named as additional insureds on the policies as to comprehensive general liability, property damage, and automotive liability. The policies as to comprehensive general liability, property damage, and automobile liability shall provide that they are primary, and that any insurance maintained by the City shall be excess insurance only. C. All insurance policies shall provide that the insurance coverage shall not be non -renewed, canceled, reduced, or otherwise modified (except through the addition of additional insureds to the policy) by the insurance carrier without the insurance carrier giving City thirty (30) day's prior written notice thereof. Consultant agrees that it will not cancel, reduce or otherwise modify the insurance coverage and in the event of any of the same by the insurer to immediately notify the City. D. All policies of insurance shall cover the obligations of Consultant pursuant to the terms of this Agreement and except for professional liability insurance, shall be issued by an insurance company which is authorized to do business in the State of California or which is approved in writing by the City; and shall be placed have a current A.M. Best's rating of no less than A-, VII. In the case of professional liability insurance, such coverage shall be issued by companies either licensed or admitted to conduct business in the State of California so long as such insurers possesses the aforementioned Best's rating. E_ Consultant shall submit to City (1) insurance certificates indicating compliance with the minimum insurance requirements above, and (2) insurance policy endorsements or a copy of the insurance policy evidencing the additional insured requirements in this Agreement, in a form acceptable to the City. F. Self -Insured Retention/Deductibles. All policies required by this Agreement shall allow City, as additional insured, to satisfy the self-insured retention ("SIR") and/or deductible of the policy in lieu of the Consultant (as the named insured) should Consultant fail to pay the SIR or deductible requirements. The amount of the SIR or deductible shall be subject to the approval of the City. Consultant understands and agrees that satisfaction of this requirement is an express condition precedent to the effectiveness of this Agreement. Failure by Consultant as primary insured to pay its SIR or deductible constitutes a material breach of this Agreement. Should City pay the SIR or deductible on Consultant's due to such failure in order to secure defense and indemnification as an additional insured under the policy, City may include such amounts as damages in any action against Consultant for breach of this Agreement in addition to any other damages incurred by City due to the breach. G. Subrogation. With respect to any Workers' Compensation Insurance or Employer's Liability Insurance, the insurer shall waive all rights of subrogation and contribution it may have against the Indemnitees. H. Failure to Maintain Insurance. If Contractor fails to keep the insurance required under this Agreement in full force and effect, City may take out the necessary insurance and any premiums paid, plus 10% administrative overhead, shall be paid by Consultant, which amounts may be deducted from any payments due Consultant. 1. Consultant shall include all subcontractors, if any, as insureds under its policies or shall furnish separate certificates and endorsements for each subcontractor to the City for review and approval. All insurance for subcontractors shall be subject to all of the requirements stated herein. 11. Confidentiality. Consultant in the course of its duties may have access to confidential data of City, private individuals, or employees of the City. Consultant covenants that all data, documents, discussion, or other information developed or received by Consultant or provided for performance of this Agreement are deemed confidential and shall not be disclosed by Consultant without written authorization by City. City shall grant such authorization if disclosure is required by law. All City data shall be returned to City upon the termination of this Agreement. Consultant's covenant under this section shall survive the termination of this Agreement. Notwithstanding the foregoing, to the extent Consultant prepares reports of a proprietary nature specifically for and in connection with certain projects, the City shall not, except with Consultant's prior written consent, use the same for other unrelated projects. 12. Ownership of Materials. Except as specifically provided in this Agreement, all materials provided by Consultant in the performance of this Agreement shall be and remain the property of City without restriction or limitation upon its use or dissemination by City. Consultant may, however, make and retain such copies of said documents and materials as Consultant may desire. 13. Maintenance and Inspection of Records. In accordance with generally accepted accounting principles, Consultant and its subcontractors shall maintain reasonably full and complete books, documents, papers, accounting records, and other information (collectively, the "records") pertaining to the costs of and completion of services performed under this Agreement. The City and any of their authorized representatives shall have access to and the right to audit and reproduce any of Consultant's records regarding the services provided under this Agreement. Consultant shall maintain all such records for a period of at least three (3) years after termination or completion of this Agreement. Consultant agrees to make available all such records for inspection or audit at its offices during normal business hours and upon three (3) days' notice from the City, and copies thereof shall be furnished if requested. 14. Conflict of Interest. A. Consultant covenants that it presently has no interest and shall not acquire any interest, direct or indirect, which may be affected by the services to be performed by Consultant under this Agreement, or which would conflict in any manner with the performance of its services hereunder. Consultant further covenants that, in performance of this Agreement, no person having any such interest shall be employed by it. Furthermore, Consultant shall avoid the appearance of having any interest which would conflict in any manner with the performance of its services pursuant to this Agreement. B. Consultant covenants not to give or receive any compensation, monetary or otherwise, to or from the ultimate vendor(s) of hardware or software to City as a result of the performance of this Agreement. Consultant's covenant under this section shall survive the termination of this Agreement. 15. Termination. The City may terminate this Agreement with or without cause upon fifteen (15) days' written notice to Consultant. The effective date of termination shall be upon the date specified in the notice of termination, or, in the event no date is specified, upon the fifteenth (15th) day following delivery of the notice. In the event of such termination, City agrees to pay Consultant for services satisfactorily rendered prior to the effective date of termination. Immediately upon receiving written notice of termination, Consultant shall discontinue performing services, unless the notice provides otherwise, except those services reasonably necessary to effectuate the termination. The City shall be not liable for any claim of lost profits. 16. Personnel/Designated Person. Consultant represents that it has, or will secure at its own expense, all personnel required to perform the services under this Agreement. All of the services required under this Agreement will be performed by Consultant or under it supervision, and all personnel engaged in the work shall be qualified to perform such services. Except as provided in this Agreement, Consultant reserves the right to determine the assignment of its own employees to the performance of Consultant's services under this Agreement, but City reserves the right in its sole discretion to require Consultant to exclude any employee from performing services on City's premises. 17. Non -Discrimination and Equal Employment Opportunity. A. Consultant shall not discriminate as to race, color, creed, religion, sex, marital status, national origin, ancestry, age, physical or mental handicap, medical condition, or sexual orientation, in the performance of its services and duties pursuant to this Agreement, and will comply with all rules and regulations of City relating thereto. Such nondiscrimination shall include but not be limited to the following: employment, upgrading, demotion, transfers, recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. B. Consultant will, in all solicitations or advertisements for employees placed by or on behalf of Consultant state either that it is an equal opportunity employer or that all qualified applicants will receive consideration for employment without regard to race, color, creed, religion, sex, marital status, national origin, ancestry, age, physical or mental handicap, medical condition, or sexual orientation. C. Consultant will cause the foregoing provisions to be inserted in all subcontracts for any work covered by this Agreement except contracts or subcontracts for standard commercial supplies or raw materials. 19. Time of Completion. Consultant agrees to commence the work provided for in this Agreement within (5) days of being notified by the City to proceed and to diligently prosecute completion of the work within the time frame designated per task or as may otherwise be agreed to by and between the Project Manager and the Consultant. 20. Time Is of the Essence. Time is of the essence in this Agreement. Consultant shall do all things necessary and incidental to the prosecution of Consultant's work. 21. Delays and Extensions of Time. Consultant's sole remedy for delays outside its control shall be an extension of time. No matter what the cause of the delay, Consultant must document any delay and request an extension of time in writing at the time of the delay to the satisfaction of City. Any extensions granted shall be limited to the length of the delay outside Consultant's control. If Consultant believes that delays caused by the City will cause it to incur additional costs, it must specify, in writing, why the delay has caused additional costs to be incurred and the exact amount of such cost within 10 days of the time the delay occurs. No additional costs can be paid that exceed the not to exceed amount absent a written amendment to this Agreement. In no event shall the Consultant be entitled to any claim for lost profits due to any delay, whether caused by the City or due to some other cause. 22. Assignment. Consultant shall not assign or transfer any interest in this Agreement nor the performance of any of Consultant's obligations hereunder, without the prior written consent of City, and any attempt by Consultant to so assign this Agreement or any rights, duties, or obligations arising hereunder shall be void and of no effect. 23. Compliance with Laws. Consultant shall comply with all applicable laws, ordinances, codes and regulations of the federal, state, and local governments. 24. Non -Waiver of Terms, Rights and Remedies. Waiver by either party of any one or more of the conditions of performance under this Agreement shall not be a waiver of any other condition of performance under this Agreement. In no event shall the making by City of any payment to Consultant constitute or be construed as a waiver by City of any breach of covenant, or any default which may then exist on the part of Consultant, and the making of any such payment by City shall in no way impair or prejudice any right or remedy available to City with regard to such breach or default. 25. Attorney's Fees. In the event that either party to this Agreement shall commence any legal or equitable action or proceeding to enforce or interpret the provisions of this Agreement, the prevailing party in such action or proceeding shall be entitled to recover its costs of suit, including reasonable attorney's fees and costs, including costs of expert witnesses and consultants. 26. Mediation. Any dispute or controversy arising under this Agreement, or in connection with any of the terms and conditions hereof, which cannot be resolved by the parties, may be referred by the parties hereto for mediation. A third party, neutral mediation service shall be selected, as agreed upon by the parties and the costs and expenses thereof shall be borne equally by the parties hereto. The parties agree to utilize their good faith efforts to resolve any such dispute or controversy so submitted to mediation. It is specifically understood and agreed by the parties hereto that mutual good faith efforts to resolve the same any dispute or controversy as provided herein, shall be a condition precedent to the institution of any action or proceeding, whether at law or in equity with respect to any such dispute or controversy. 27. Notices. Any notices, bills, invoices, or reports required by this Agreement shall be deemed received on (a) the day of delivery if delivered by hand during regular business hours or by facsimile before or during regular business hours; or (b) on the third business day following deposit in the United States mail, postage prepaid, to the addresses heretofore set forth in the Agreement, or to such other addresses as the parties may, from time to time, designate in writing pursuant to the provisions of this section. "CONSULTANT" Stantec Consulting Services, Inc. 38 Technology Drive, Suite 100 Irvine, CA 92618-5312 Attn.: Rock Miller Phone: 949 923-6021 E -Mail: rock.miller@stantec.com "CITY" City of Diamond Bar 21810 Copley Drive Diamond Bar, CA 91765-4178 Attn.: David G. Liu Phone: 909 839-7040 E-mail: publicworks@diamondbarca.gov 28. Governing Law. This Agreement shall be interpreted, construed and enforced in accordance with the laws of the State of California. 29, Counterparts. This Agreement may be executed in any number of counterparts, each of which shall be deemed to be the original, and all of which together shall constitute one and the same instrument. 30. Entire Agreement. This Agreement, and any other documents incorporated herein by reference, represent the entire and integrated agreement between Consultant and City. This Agreement supersedes all prior oral or written negotiations, representations or agreements. This Agreement may not be amended, nor any provision or breach hereof waived, except in a writing signed by the parties which expressly refers to this Agreement. Amendments on behalf of the City will only be valid if signed by a person duly authorized to do so under the City's Purchasing Ordinance. IN WITNESS of this Agreement, the parties have executed this Agreement as of the date first written above. "Consultant" Stantec Consulting Services, Inc. 38 Technology Drive, Suite 100 Irvine, CA 92618-5312 Bv: Printed Name: Title: By: Printed Name: Title: Approved as to form: M David A. DeBerry, City Attorney "City" CITY OF DIAMOND BAR Bv: Nancy A. Lyons, Mayor ATTEST: Tommye Cribbins, City Clerk *NOTE: If Consultant is a corporation, the City requires the following signature(s): (1) the Chairman of the Board, the President or a Vice -President, AND (2) the Secretary, the Chief Financial Officer, the Treasurer, an Assistant Secretary or an Assistant Treasurer. If only one corporate officer exists or one corporate officer holds more than one corporate office, please so indicate. OR The corporate officer named in a corporate resolution as authorized to enter into this Agreement. A copy of the corporate resolution, certified by the Secretary close in time to the execution of the Agreement, must be provided to the City. 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The data provided is not a complete or certified record of an entity. Entity Name: STANTEC CONSULTING SERVICES INC. Entity Number: C3259819 Date Filed: 11/13/2009 Status: ACTIVE Jurisdiction: NEW YORK Entity Address; 200, 10160 - 112 STREET Entity City, Stam, Zip: EDMONTON AB CANADA ISK2L6 Agent for Service of CORPORATION SERVICE COMPANY WHICH WILL DO BUSINESS IN Process: CALIFORNIA AS CSC - LAWYERS INCORPORATING SERVICE Agent Address: 2710 GATEWAY OAKS OR STE 15ON Agent City, State, SACRAMENTO CA 95833 Zip: * Indicates the information is not contained in the California Secretary of State's database. • If the status of the corporation is "Surrender," the agent for service of process is automatically revoked. Please refer to California Corporations Code section 2114 for information relating to ............................... service upon corporations that have surrendered. • For information on checking or reserving a name, refer to Name Availability. • For information on ordering certificates, copies of documents and/or status reports or to request a more extensive search, refer to Information.Ree)uests. • For help with searching an entity name, refer to Search.Tips. ...................... • For descriptions of the various fields and status types, refer to Field Descriptions and Status Definitions. ...- .......................1...... klgdify.Search New Search Printer Friendly, Back to Search Results Privacy Statement Free Document Reatlers Copyright © 2016 California Secretary of State http://kepler.sos.ca.gov/ 9/28/2016 ak_ haV EnsW Cover Letter . 3ackground of FhT l Consultor: ,t Team EXHIBIT "A" a Key Tearn Members aria Work Exper,erce Task Experience Matrix,,....,,,... 9 Hourly Rates.... 10 Approach and MethodologyI I.'. Compomble Work Performance,,,,, �� 3 References,..._, ., r be r,2 --,51v Stat --merits Attn: Christina Malpica, Appendix - Resumes lc Associate Engineer City of Diamond Bar 21810 Copley Drive Diamond Bar, CA 91765-4177 R c-fe_: enee: Proposal for ®n -Call Traffic and Transportation Engineering Services Dear Mrs. Malpica, Stantec Consulting Services Inc. (Stantec) is pleased to submit this proposal to provide On -Call Traffic and Transportation Engineering Services to the City of Diamond Bar (City). We understand you may require various engineering services during the on-call period. Our highly experienced, responsive, and committed specialists are ready to work as an extension of your staff on the following tasks: • Geometric and traffic design • Traffic signal timing and system upgrade • Operation support for traffic management center and planned adaptive control system • Traffic analysis and impact studies • Project management and construction support • Public meetings and presentation to city council • Active transportation planning and design, if needed How Stantec Benefits You Understanding and relevant experience with similar work—We are currently under an on-call traffic engineering services agreements with 12 agencies, including the cities of Irvine, Downey, Anaheim, and the County of Los Angeles. We've included a quick -glance matrix on page nine to help depict exactly how qualified our team is. Our team's collective personal/professional experience benefits you with a unique and diverse perspective and prior direct experience. Quality staff—Working closely with our Principal -In -Charge Rock Miller, PE, PTOE, QA/QC Manager, Mohammad Heiat, PE, and Project Manager Jason Xu, PE, PTOE, will make sure each task order meets your objectives and is delivered on schedule and within budget. Jason will enlist the right task -oriented specialists from our broad team (see organization chart on page four) for each request, guiding them through task milestones. With a 15 -person team dedicated to your contract, as well as a pool of additional support to enlist as -needed, we're organized to efficiently execute your task orders. Project/design management approach—Based on our prior on-call experience, we have established a process from task order conception through final project delivery (see graphic on page 12). We understand your need for expedited schedules and fast-track projects; we will be available to accommodate these needs and meet with you on short notice. (Demonstrated responsibility and technical ability—We have developed a reputation for providing the right resources and expertise of a national firm to your local projects performed by more than 140 Irvine staff. Rest assured, we have the resources to meet your needs. As leaders and experts in our respective fields, we can proactively support mulitple engineering scenarios to help maintain your projects continuity. Familiarity with State and Federal procedures—We have maintained excellent working relationships with numerous State and Federal agencies. We know their funding procedures and can assist you with grant applications and review. We will work hand in hand with you to help ensure your projects comply with regulations, attain approval, and meet funding conditions. We have prepared many successful grant applications and secured permits for from State and Federal agencies. We thank you for your consideration and we look forward to assisting you. If you have any questions or require additional information, please contact Rock or Jason at the email addresses and phone numbers that are provided below. Sincerely, Stantec Consulting Services Inc. Jason Xu, PE, PTOE Project Manager (949)923-6030 jason.xu@stantec.com Rock Miller, PE, PTOE Principal -In -Charge (949) 923-6021 rock. milier@stantec.com Back -ground of Fir!T Ti( if{C and Ir anSpC%i'TGtion al' StaMcvc We're active members of the communities we serve. That's why at Stantec, we always design with community in mind. The Stantec community unites more than 22,000 employees working in more than 400 locations. We collaborate across disciplines and industries to bring buildings, energy and resource, and infrastructure projects to life. Our work—professional consulting in planning, engineering, architecture, interior design, landscape architecture, surveying, environmental sciences, project management, and project economics—begins at the intersection of community, creativity, and connects to projects on apersonal level and advance the quality of life in communities across the globe. Since 1954, our local strength, knowledge, and relationships, coupled with our world-class expertise, have allowed us to go anywhere to meet our clients' needs in more creative and personalized ways. With a long-term commitment to the people and places we serve, Stantec has the unique ability to connect to projects on a personal level and advance the quality of life in communities across the globe. As a top-ranked design, planning, and engineering firm, we specialize in transportation. We have successfully delivered numerous transportation projects, and have managed work under more than 342 on-call transportation contracts since 2010. We offer talented transportation, traffic, and civil engineering professionals who have delivered projects all over Southern California. Webring leadership and specialty resources, forming ateam committed to successfully deliveringyour projects. Our team has the depth of resources to make sure we will exceed your expectations. The nature of on-call engineering services presents a challenge because the specific project needs maybe unknown. Therefore, hiring an experienced, flexible organization that can successfully support countless engineering scenarios is key to your project. (I S",lar,t&, We are eager to respond to potential services you require, and providing skilled professionals with similar project experience to quickly respond to your request through our Irvine office, the regional headquarters for transportation. Our Irvine office is currently providing traffic engineering on-call services for the following agencies: • City of Irvine • City of Downey • City of Mission Viejo • CityofAnaheim • City of Chino Hills • City of Pasadena • City of Lake Forest • City of Los Angeles • County of Los Angeles • UC Irvine Main Campus • UCLA • San Diego International Airport Giants 300 Architecture- Englneerng Firms (BD&C July, 2016) Top 10 International Design Firms by Market Sector- United Stotes(ERIR July, 20161 Top 100 Green Design Firms (ENR August, 2016) Top 20 Design Firms - Transportation (ENR April, 2016) Top 5M Design Firms (ENR April, 2016) Our integrated team structure provides effective direction, hands-on control, and comprehensive coordination. Team members were chosen based on their familiarity and experience working with you and local agencies, and their availability to commit to this contract. Efficient coordination within our proposed team is facilitated by long-standing relationships between the team members as they have worked together on a number of local projects in a similar capacity. Brief resumes for each team member can be found on the following pages, with full resumes in an appendix. Mohammad Heiat, PE Jason Xu, PE, PTOE Ashley Day, EIT Bryan Elenes, EIT Jason Xu, PE, PTOE (D - Daryl Daryl Zerfass, PE, PTP 6 - Maria Maria Manalili, AICP, PTP Charlie He, PE Rock Miller, PE, PTOE '— Keith Rutherfurd, TE Rob Steaffens Jonathan Delgado, EIT ac Melissa Dugan, AICP, PTP, ENV SPc- Surabhi Barbhoya, AICP, TEED AP Legend Qr %evPersonnel 00 -iCart� C 1,1 11 1i :;ri i --, 11 1 1 111L neo, 4 `C ds -,r- f mi�.nv r. �". ,`♦hfl✓I! vi-, r,, PI �--1('�'� `,� i v 1 C) re i s a 1 d 4` ` c.) I, E ^, p, �..� t l v j , e Principal -€r -Charge, Availability 30% Eduuca+iar, Registrations 'Tr` MS and BS, Civil Professional Engineer #29493 (Civil), State of California -' Engineering Certified Professional Traffic Operations Engineer #205, i Institute of Transportation Engineers " Rock has more than 35 years of transportation planning, design, and operations experience. He has completed a wide variety of unique transportation projects, including traffic signals, signing and striping, street lighting, worksite traffic control, traffic impact analysis, and the design of street and highway Improvements. Rock assisted OCTA to develop the strategic plan for traffic signal synchronization to Implement countywide traffic signal optimization along a network of important arterial corridors. Rock has developed many guidelines for agency staff for traffic signal retiming and synchronization, traffic operation practices and technologies, and multi -modal strategies and recommendations. He has served as an expert witness on a variety of traffic signal operation and safety related issues. He Is an expert in the latest MUTCD and bicycle and pedestrian facilities design guidelines. Work experience: OCIA Strategic Masts r Plan oruraffic Signal Syrc l ron,zolvn, Orange -_cjm , Cal omla (P'ged Engineer) Washington Boulevard Realignment and Signal Tlnn,ng Improvement Study, Cuive C y, Cordornla (Principai-In- Charge) Euc'ld StreetTrof-c Signa( Coordina1lOx, cmdy arid l mplementction, Garcec Grove, CnGfornla (Project Engu eer) Jason Xu, P7, PTOE Project f,9anager, Availability 60% Education Registrations PAS, Civil and Transportation Professional Engineer #80744, State of California Engineering Certified Professional Traffic Operatlons Engineer #3480, BS, Transportation Institute of Transportation Engineers Engineering Jason has more than 12 years of experience in traffic signal timing and operation -? optimization, signal system integration, freeway and arterial performance analysis, He has extensive hands-on experience in operation of Transportation Management Center (TMC) central programs Including QUICNet4/Pro, Aries, Centracs, Transulte, TACTICS and P.CTRA. Jason is also experienced in implementation and fine-tuning of signal timings using local controller programs including McCain 200/233/2033, Econollte ASC/2/3, LACOAE, and C8 program. He has served as a field supervisor for trouble -shooting of fiber and copper mixed communication systems in the City of Pomona, Jason worked as project engineer and then as project manager with the City and County of Honolulu through a prior employer to implement and field fine-tune signal coordination plans for 450 traffic signals through TMC central program and at intersections, Including the top congested urban areas in the nation such as the network of 80 signals in Downtown and Maklki areas. He has worked closely with the City staff in the TMC to implement timing plans to improve operational performance and address civilian's complaints. Jason is nearing completion of a regional traffic signal synchronization on-call project for Orange County Transportation Authority (OCTA), involving three major corridor arterials Involving 65 traffic signals within seven Citles and Caltrans, to conduct signal system upgrade and signal synchronization, Work experience: • Traffic Englnee ing Service On -Call for the C;ty of Downey, Dcc�mey, CClifornia(Proiect Engineer) Construction and Implemertatlor, of the Orangewcod avenue Traffic Signal Syncnronizatior Project, Anaheim. California (Project Manager) Orange County Transit Authority (OCTA) Region,,_Traffic Signal Synchronization Program, O,ange County, California (Project Engineer/ Manager) ® Traffic Slgna+System rJpgrode for Long Beach Bcalevard, Lynwood, Callfornla (Pra -,.17 Manager) 9uali,y Assurance and Quality Control, Availability 30% Education Rec°strcFinns MS and BS, Civil Professional Engineer #45776, State of California Engineering 4 lCohammod has more than 35 years of professional civil and transportation engineering f� experience, including extensive on-call service experience with local cities in Southern California. His extensive capital improvement experience includes sheet rehabilitation and reconstruction, street widening, intersection widening, storm drainage, and water and sewer design improvements, He has a strong understanding of Caltrans manuals and policies, State Standard Plans and Specifications, Community Development Block Grant (CDBG) Programs, Federal requirements, and the Greenback Standard Specifications for Public Works Construction. He will review deliverables for precision and quality, and make sure proper resources are provided to efficiently and successfully complete projects, Work experience: i�le� mart Boutevord ard 39 -no Street oroxinealiars, N'ewpor, Beach, CcIr0snia (Quality Control p. visor) Victoria Street Rehobtrotlon, Costa �Uiee, CalhUnla (Princ pu r. Cha e/Quoiie --ci nicl Sul ervlsor', Jamboree Road Widening, Ncmrport Beech, Callfornle (Qur Ii'y Conn,,), Supervisor) Citywide Majoi Street Rer oollliction, Pomona, California (Pm)cipoi In C'h tree and C aiily Ccs +rol Super isor) Joi me nee Goad r3. 1-5 Interchange, Iivin� and n is -fl Cc!i )inia (Princlp 71 i-) Coorg , Quality Cartrol Sape, isor) i711r Sireet,rrusiln P.venue and narboi Bl.a /,lilirsor Si cel merseafion.r Irrpruvemei Costo !Vies.., Gallforela (Pnncipai-In-Charge/Quality Conlyd Supervisor) San Juan Creek Road Widening Project San JLIon Capls'inane, Carifarn a (Principal i.n-C'narge iQucl.ty Control Supervsor) Keith 'i,Rkitherlurd, Ir a Traffic Design Lead, Availability 60% Educcilon Regiskraiions MS, Civil/Transportation Professional Engineer #TR0(i State of California Engineering BS, Administrative Studies Keith offers 30 years of transportation and traffic engineering experience with a _ comprehensive background In transportation analysis and design plan preparation. Keith provided on-call traffic engineering services to multiply agencies in Southern California. His specific experience includes road alignment and geometric studies, highway and street design, signal design, traffic signal synchronization, site impact studies, parking studies, signing, striping, and traffic control plan design. Keith's projects include the preparation of a speed survey report, and traffic forecasts on Ocean Boulevard and associated connector ramps at Pico Avenue and Los Angeles River Bridges, and Pier G Pedestrian and Safety Studio. Work experience: Av 74on Boulevard Traffic Signal SynchFan,zmlor. F ojeci (TSSP), Los Angeles, Cclifomia (Project Manager) -5/Culver Dtlee. ,rabuco Roca Interchange Impre-ements, Irvine.,Calhom a (irafnc Task IAlanager) Emergency Vehicle Preemption Tra"ic Signal Upgrades- Eiesign Cens;rucfion Management ono Inspecuoo Services, Irvine, California (Traffic Task Manager) On -Call Traffic Engineenng Cons dung Services, Irvine, California (Traffic Task Manager) Nash and Douglas Street Improvers rc and Traffic Signal Modlficofions, P Segundo, California (Project Mcncger) HSIP Csdi 6 and 6 -Traffic Signal ryorfincation Design at 3 L^cenr.ns, Orange, Califomia (Proiec' Manager) Cross Connection Prevention Program, Various Sites Throughout Sounhern California (-raffle Engineer Tasv, Ixonager) v.'vl 7eHCOSS, PE, PIP Traffic Analysis/Studies, Availability 50% E duca"ioin Rsgis"mHons BS, Civil Engineering Professional Engineer #"TR1824 (Traffic), State of California Professional Transportation Planner #454, Transportation Professional Certification Board Inc. Daryl has 25 years of experience in multiple aspects of traffic engineering and transportation planning. He has a proven record of managing large-scale traffic studies efficiently and effectively. Daryl's projects include traffic impact studies for large-scale development projects, freeway facility and interchange studies for PSRs and PRs, General Plan updates, areawide transportation studies, traffic model development and land -use related circulation studies. Work exaenence: • ! ake Forest Chy nide TrarapOrtation Mitigation Program, Lcje roast, Califomia, Pr .ect Mr—'ager • Crsta IAevc Gxnerol Plan _ rroTrcfflc Forecasting Pffodel Upda e, Costa R1esa, Projoc Manage; • State Route 126 FeasitAITS Study, Ner Yali Land/ Caltrans, Tic nsioaration Lead One valley One Vision General Plan. traffic Study, County o _os AngeF ,, Callfornl (ansporration Lead Golden Valley Road Trafnr Signal and Striping Pan _Sur -d T.lon1c, Calitcrrla ( r(t cT Manager) • Tratfi( •znd Signal Progression Analysis Various Locations, C lit r tlo (.� ojcct Engines[) Sono Canyon PlazaTrafflc Impact Arial/sis, Sacro Ciente, Gcl fvreia (Pr ,leen Manager} The;, ystone dific Impact Study, Su ..a Clorita cc (forme rProject I:h n. -er) • Tesoro Dei Vclie Areas B & C RAdesig!raffle Impact Study, Santa Clan"a Californlu (Project t u. ager) • Anaheim Rapid Connesflon ARC}, vnaheirL C rlifurnla (Trc tic Task pian. igcr) • John Wayne r irport SIR Traffic �,mpaa-Analysis, Orange Cor t, Gado ri (Project E-rgneet Systems Integration and ITS, Availability 50% Educafiun Regisimtiorrs MS, Transportation/ Professional Engineer #77778, State of Florida Operations Research and Professional Engineer #1103, Professional Traffic Operations Engineering Engineer BS: Civil Engineering Joy brings more than 20 years of experience evaluating and Implementing multiple ATCS systems for cities throughout California: he can provide personal assessments of multiple systems. Joy Is widely recognized in California and provides training through UC Berkeley on advanced operation of signal systems (TE -10) and Adaptive Signal System (TE -51). In addition to providing senior leadership to the team through the entire project. Joy will contribute his expertise to all project phases and be the key contact for the City through project completion. Work experience: • Pershing Avenua Adap`Ive Traffic Control System, Sfockion, (Project Manoger) • Advanced Traffic Management Syst;rn (ATMs) Design for Route 2381 improvements, Haywora CA "Project Manager) • -8J Integrated Condor MobirRy Pro,ecr, Alameda County, Conho County, CA (Project Manager) • ITS On -Gall Services, TxDOT El Paso, Texas (Project Designer) • Webster Street SMART Condor Praject, Aiameda Coucty, CA (Project Manager) • Citywide Advanced Traffic Management System (ATIvIS) Upgrade Pro ec , Milpiros, CA (Project Manager, • Hesperlan/Winton/Tenn/son/Clcwitci ITS Opgrade Project Ha, vtord, CA (ProjecT P/onager) • Grant Lire CCTV and Gorr rnunlcahuns Opgra to Project CA (P jec- IVianager, • Traffic Signal Doom cal ions on Alrpert Vdav OT Park Street, Gok Sttee.T & Fremont Street, Socktorr, California (Project vionager) c` e, v Welf ;rsILEED AR ENV SP Civil Design/Sustainability specialist, Availability .40% Education Registrafions BS, Civil Engineering EnvisiorhM Sustainability Professional (ENV SP), Institute for Sustainable Infrastructure LEED AP Building Design & Construction, U.S. Green Building Council Professional Engineer #41751, State of California F With 32 years of industry experience and two prestigious susta'unability certifications, Sherry has a strong understanding of the various low -impact development applications commonly used in transportation projects. She is a member of the ASCE Sustainability Committee, and recently gave a presentation on improving Infrastructure sustainability. Her understanding of the derail, as well as the owners' goals, has resulted In overwhelming success of sustainable project delivery on schedule and within budget. Work experience: r County of Oranoe Public VJorus On -Carl Task Oidel- Servlce., Jnlncorporcted Cra. ge County Colltorria Orincipc!-trr Charge) Mane.Avenue -_ornptete Sleet So.stcioable improvements Baldwin Pari Colifornr, Suslainobwt Specicllat North harbor Drive, Redondo Beach _ahoroio , ustainabi 4y Cpeclallst) ® Campus Drlver9nstol Street inrervvcfion Improve,T�ent Prase t C r nge Count,,, Cclihinic (Protect Manager) Moulton Pcrvwcy Smart Sire t Vocler Ing L prc.rr ger s, EI Tar. Road tc ra. ;a Kuri. Avenue, Laguna Woods, California (Pri:>icpal-i n -Charge) Karelia .Avenue Srrort Street Improv=Mvnts, Ninth S -.reef to ri.rmor Driv , vn`'c:n,, C ai.Ifornle (, rirclp-hkln-Chorge) Sand Canyon F.venie Vr'idening and Realignment imine, California(irinclpcutr,-Charge) Active Transportation (€t needed), Availability 50% Educc!t'von Recgisircfions BA, English - Certified Planner #28822, American Institute of Certified Planners EnvisionW Sustainability Professional (ENV SP), Institute for Sustainable Infrastructure Professional Transportation Planner, Transportation Professional Certification Board Inc. Melissa has more than 19 years of professional experience in transportation planning. She has served as project manager for various transportation planning projects, Her tasks have included bicycle and pedestrian projects, roadway and transit planning, corridor studies, traffic impact assessments and simulation studies, and various parking analyses Melissa Is an expert at technical writing and Is known to complete projects under schedule and under budget She has been helping OC Parks Department become more pedestrian and bicycle friendly, as a part of an on-call contract. Melissa also recently finished a large ATP grant application project for 40 grants as a part of our on-call contract with LA Metro. Work experience: Maine Avenue Complete Streets, Baldwin Park CA (Project Manager) Metro Grant Writing Active TransporTwioc Program (ATP), Los engeler oanty, Col'fforno (Project Manager) • OC Loop Feasibility Study, Orange County, CA (Project Manager) • Herondo Street/Harbor Drive Gateway Pork and Cycle Track, Reaondo Beach, Cc6fomla (Trcac Analysis) • On -Call Traffic Engineering Improvements for Bicycling, Newport Beach, California (Plane' • Pacific Coast HIghwov improvement Prefect Hermosa Bea�h, Ca forma (Deputy Project Manager/Project Planner) • Safe ROOT --S to School Grant Funding, Corona, Callfornia (Pr elect M-Jr.ager) • Safety Analysts for Ma'lou Pacific Coast Highway, City of Malibu, California (Safety Ana'ysis) • Costa Mesa General and Active-ransportatlon Plan, Costa Mesa, California (Project Manager) CSk;>' ilk CC P,jjClri?: c u �2 o G o c ary m ° a a N o� Team Member/Role , o a " aa g y GO 7, Ca G E dc. cG U N E L U C -3j O N E ° v a c c m a s c C .o b n o �- <n U Rock holler, PE, PTOE I Principal -In -Charge ✓ ✓ ✓ ✓ ✓ ✓ ✓ ✓ ✓ ✓ Jason Xu, PE, PTOE I Project Manager ✓ ✓ ✓ ✓ ✓ ✓ ✓ ✓ Mohammad Heiat,PEIGA/OC and Peer Review ✓ ✓ ✓ ✓ ✓ ✓ ✓ ✓ Keith Rutherturd, TE I Trat,c Engineering Design ✓ ✓ ✓ ✓ ✓ ✓ ✓ ✓ Daryl Zerfass, PE, PTP I Traffic Analysis/STudies ✓ ✓ ✓ ✓ ✓ Joy Bhaitacharya, PE, PTOE I Systems Integration and ITS ✓ ✓ ✓ ✓ ✓ ✓ ✓ ✓ ✓ Sherry Weinmeier, LEED AP BD+C, ENV SP I �/ �/ �/ ,/ ✓ Civil Engineer Rob Deoffens 1 Traf,,c Fngipeering Design ✓ ✓ ✓ ✓ Jonathan Delgado, EIT I Traffic Engineering Design ✓ ✓ ✓ ✓ ✓ ✓ Bryan Elenes I Trotfic Signal Operation, 2e -timing and ✓ ✓ ✓ ✓ ✓ ✓ �/ support, Adaptive iesfic Controi System Suppoii Ashley Day. EIT I Traffic Signol Operation. Re -timing and ✓ ✓ - ✓ ✓ support, Adaptive Traffic Control System Support Charlie Ho, PE I Trori'c Analysis and Studies ✓ Maria ll PTP I Traffic Analysis and Siud;as ✓ Roger Miromontes I Consinuciion Support ✓ ✓ ✓ ✓ ✓ ✓ ✓ ✓ Susan Reid, PE I Civil Design ✓ Vijay Pampara, EIT I Civil Design ✓ Melissa Dugan, ACP, PTP, ENV SP I Active Transportation ✓ ✓ ✓ Surabhl Barbhoya, AICP, LEED AP I Active Transportation ✓ ✓ ✓ "�r ` ''y 0.1 G' fk{' Pt s �a'�.?i'=+JYL+'�a ra >_ej. �`" Y. `V {� l r Ile Aj w v^V. "ae s..". iw vY}'S,S�7 '&ef^-r f"' ,o.�iur.. .ci t.�iL�J..K.6:F_w,;:,. ,.`.e__, r. w+r_ MMM d�.::.w Josh Park, EIT I Traffic Engineer, Design ✓ ✓ ✓ ✓ ✓ ✓ Cathy Lawrence, TE I Traffic Anclysis/Studies/Grants ✓ David Fenn I Grants/GIS ✓ ✓ ✓ Madeleine Ortiz I T utSCAnalysis/Srudles/GIS ✓ - Sandhya Perumallo, EIT I Traffic Analysis/Studies ✓ Kendall Elmer I Traffic Analysis/Studies ✓ ✓ John Ruedlsueli I Rail Coordlnction ✓ ✓ ✓ ✓ - ✓ ✓ ✓ ✓ ✓ ✓ Jose Angel Iraheta I Rail Coordination ✓ ✓ ✓ ✓ ✓ ✓ ✓ ✓ ✓ ✓ U, oUl, y PCXfes We strongly believe that the measurement of value is partially referenced from pricing, but also from credentials and capabilities. Our proposal has been created with an understanding of this balance. We have included a rate table for staff assigned to the on-call services proposal. We also understand that any rate change, after being awarded, needs your written approval. If you would like to see a full rate schedule for all job classifications, one can be provided to you upon request. Team Member/Role Rates Rod< Miller. PE, PTO, I Princ,pal-in-Charge $278 b Jason Xu, PE, PTOE I Project i4anager $161 Mohammad H riat, PE I QA/QC and Peer gevieW $278 Keith Rutherfurd, TE ! Traffic Engineering Design $179 a Daryl Zerfass, PE, PTP I Traffic Analysis/Studies $207 Joy Bhattacharya, PE. PTOE I Sys+ems Integration and ITS $237 - Sherry Weinmeier, LEED AP BD+C, ENV SP 1 $237 - Croli Engineer Rob Steaffens I Traffic Engineering Design $161 Jonathan Delgado, EIT I Traffic Engineering Design $113 Bryan Elenes I Traffic Signal Operation. Re -timing and $113 support, Adaptive Traffic Control System Suppor Ashley Day. EIT I Trarrsc Signal Operation, Re-fiming and $140 suppart, Adaptive Traffic Control System Support Charlie Ho, PE I Traffic Analysis and Studies $171 Marla Manatli, PTP I Traffic Analysis and studies $171 Susan Reid, PE I Civii Design $171 Vijay Pampara, EIT I Civil Design $150 Melissa Dugan, ENV SP I Suihoinciaiity Specialist/Grants $179 Surabhi Barbhaya, AICP, LEED AP I Grants/GIS $150 Support Staff/Intern $81 rvLss�[ 0 Fillk yy�� Me,thIoLlF=—'\/ You need an on-call consultant to provide traffic and transportation support that has a good working knowledge of your process and practices. With more than 25 years of experience in preparing traffic and transportation projects throughout Southern California, we have the necessary experience to be a valued resource. Our transportation group offers extensive diversified experience and qualifications in all phases of traffic signal operation, traffic engineering design, traffic modeling, traffic impact analysis, project management, traffic control plans, and adaptive traffic control systems. Scopes of work may include the following tasks: Geometric and traffic design, including but not limited to signal installation and modification, f street widening, interconnect plan, intersection modification, signing and striping, and traffic control plan Traffic signal operation and system upgrade, including traffic signal operation through TMC central programor at intersection, development and implementation of optimized timing plans, review and monitoring of signal operation, and support to deployment of planned Adaptive Traffic Controls System (ATCS) Engineering plan check and provide revision comments and red lines in 10 business days or less as or directed by you Identification of circulation issues related to development projects. Review, analysis, and evaluation of traffic impacts due to discretionary case applications The review of traffic study scopes of work, traffic studies and access studies in accordance with the City's guidelines, adopted standards and industry standards Coordinate transportation issues and prepare transportation screen check comments, letters, memos, staff reports, and Commission/City Council presentations related to development applications Attend project related meetings, be responsive to project issues and maintain communication ta�•..v between City staff, project applicants, community members, and interested parties While it is understood that not allproj ects involve the same technical process, a prototypical approach is summarized below to demonstrate our understanding of the work flow. Critical to our overall success is getting started in the right direction. Thoroughly understanding the project requirements andyour primary objectives is paramount. The project will only be successful if we understand what is important to you, and if we understand the obstacles that must be navigated to reach the desired destination in accordance with the project objectives. Anticipating challenges and a strong understanding of the likely response when obstacles are encountered improve our chances for a successful outcome. Key elements of our proposed approach include the following: • Understand your goals • Define the deliverables • Establish the appropriate technical procedures f Define the critical path • Assign the best personnel and quality resources • Seek proactive resolutions before problems arise • Provide complete and accurate documentation • Atypical project may include the following elements A. Project Mi©nacgament and Cowdina*ion To start the project, Jason will meet with your staff to discuss the scope of work and detailed project. schedule. This meeting will be attended by our key team members. Clear lines of communication between us will be established, as will as a schedule of meetings with you and our project team members. Jason will provide updated schedules, monthly status reports, and meeting minutes at each team meeting. B. Scope and Mei odology This part of the work will define the deliverables and the technical procedures to be applied in preparing the deliverables. Data sources and assumptions will be identified, and agreement reached on scope and methodology. r i,,,,, - - _ . , L -in i -. i "i arb,ni of s`c i Professional staff will be assigned to the work and the various steps in the process carried out as established in tasks A and B. Frequent contact will be maintained with you to address any technical issues that may arise, and make changes or refinements, as necessary. U. Product Delivery The final step is to provide comprehensive documentation of the work performed and of the findings and conclusions. Presentations willbe given, as necessary, to assist you in providing information to decision makers and stakeholders. Summary Our US West regional office is located 30 minutes from the City's office. Jason and our key staff are readily accessible for meetings with you without additional charge for the mileage. Quoliiv Nlanc emen# Process While a typical approach contains the elements noted above, no two projects are the same. We have the technical expertise to address a wide range of transportation issues. We are committed to you and the local communities it serves. Your project truly can On -Call Process be exceptional. You envisioned it that way, and with strong project and quality management, that vision can b e re alized. That's where our project managers and technical experts bring their expertise to your project. We share your vision. We have well-defined project approaches that keep your project on track and manage any unforeseen events. At Stantec, we like to raise the baron excellence. With our comprehensive quality program, we deliver services that have been through a detailed review, thereby limiting errors and omissions to provide you with high-quality products. We are committed to continuous improvement of project execution, product quality, and the reduction of quality related costs. We obtained company -wide ISO 9001 certification in 2008 after undergoing an extensive internal and external scrutiny of its established policies and practices. The Stantec Quality Management System (SQMS) helps to communicate our organization's practices for planning, managing people, client satisfaction, practice management, managing subconsultants, and continual improvement. You issue an RFP PM submits project You evaluate for a specific specific proposal the proposal project need. that indentifies scope, project - specific approach, schedule, budget, and designated staffing allocations. I You and Stantec Work performed resolve any by designated clarifications and individual in questions, and reach coordination with an agreement. the project team Contract documents with oversight from are finalized. your PM. Monthly Team perpares to status reports commence work. are provided to confirm project progress and issues are well understood. f 1 L"v ,f 1. r'_/ . ['�f t . 1 1 U Countj. or Los Angele-S'Irofic Engineering i ':�; Los Angeles County, California On -Call for Traffic Signal Synchronization 'lo- County of Los Angeles, Department of Public Works and Improvennenf co -,j. Completed 2016 by former VA Consulting. County awarded an On -Call Contract to Both Stantec and VA Consulting (now Stantec) in 2015 R etc-ssnce: Jane White, (626) 300-2020 7ralfic Signal System We were selected to provide on-call traffic signal improvement plan preparation mveniory and and traffic signal synchronization services for the County of Los Angeles a luad i On Department of Public Works. Our services included conducting field inventory TraificSignal and documenting the intersection geometries andtraffic signal facilities atvarious fodQScatien locations countywide. After inventory, we analyzed each intersection to determine signal, communication, and intersection improvement recommendations based srigniYag and Stri.p^ng on Los Angeles County guidelines to improve coordination and safety. Following coim `nu"'mcaflonsvStsm approval, our team prepared traffic signal, signing and striping, and roadway plans Design and Intearaliorr for implementation. We provided inventory, analysis, and design services for the 8oadvvay lnhprovelrnent following contracts: • Amar Road - 50 intersections located in the County, La Puente, Industry, Baldwin Park, and West Covina • Inglewood Avenue- 24 intersections along Inglewood Avenue in Inglewood • Carson Street - 49 intersections along Carson Street and Normandie Avenue • 223rd Street/Wardlow Road -13 intersections • Aviation Boulevard -17 intersections in El Segundo, Hawthorne, Redondo Beach, Manhattan Beach, and Hermosa Beach In total, these projects represent providing traffic engineering services for 153 intersections located within Los Angeles County and 18 Los Angeles cities. OCTA On -Call Services for Regional Traffic j, , Orange County, California Signal SynchrorlizailoPn Program (Cycle 2) --rn Orange County Transportation Authority In Progress reercrrce: Ron Keith, (714) 560.5990 Tunil-Key" pg)e'c7 MUii-jurisdictional Traffic Signa4 Syr,chroniza,ion Piogmim Crossing -Arterial Signal Coordination Tlme-S.-ace Diagrams Presented in vario"s Formats Signal System; "Upgrade espansive Operation features Under OCTA's Measure M2 Regional Traffic Signal Synchronization Program (Project P), we have been providing traffic engineering services for signal retiming and equipment upgrade along three major corridors within the County. In addition to working with OCTA, another eight agencies were involved in the projects: Cities of Santa Ana, Fountain Valley, Huntington Beach, Rancho Santa Margarita, Mission Viejo, Lake Forest, Irvine, and Caltrans. We conducted a comprehensive field review to inventory the existing signal and communication systems. We proposed and deployed signal control and communication equipment upgrades per involving agencies' review and approval. We implemented optimized signal coordination timing plans and fine-tuned through the central program at Transportation Management Center (TMC) and at intersections. Through these turn -key projects, we upgraded signal systems ornPie- :ment+ation c rir�e- to meet the latest guidelines and requirements with efficient signal coordination °unino-hrnuan TIMC and operations and responsive operation features. i° iriicrsvciie^ns to Telegraph Road Improvements. These project improvements included curb ADA Compliance Santa Margarita Parkway Corridor -This corridor intersects with two mtalkalionand Confgurc!iion ;;f Troffic other major crossing arterials to form a "triangle" signal network. We carefully Mcnogemn ni Cc-nlml evaluated crossing -arterial signal coordination strategies.We have deployed VVo,kslution signal systemupgrades as identified in the agencies' fund application including Consirudio . St or# Toa. fullyloaded Type P and customized Type "O" cabinets, ASC/3-2100 controller, S°Vstern Upgrade, emergency vehicle preemption (EVP) system, D Connector Interface panel, Ethernet switch, Aries workstation, and other appurtenances. We also utilized Two Years Continual the save budget to install pedestrian countdown LED modules for another four P./cnitoiing intersections. MacArthur Boulevard/Talbert Avenue Corridor -We are upgrading the existing traffic signal control and interconnect equipment to be fully compatible. We coordinated the 26 existing signals based on four time periods (AM, PM, noon and off-peak). Travel time and delay studies were conducted both before and after with fine tuning followed by re-evaluation in the after condition. The overall cost savings of this project throughout a three-year period totals $1,610,280 from travel time, fuel consumption, and emissions reduction with abenefit/cost ratio of more than 9:1. All work, except ongoing surveillance, was completed in 2014. Bake Parkway Corridor -We finished system construction to upgrade the traffic signal system for 19 intersections on Bake Parkway. We presented aproposed system improvement measures on a concept plan and submitted it for involving agencies' review. We are developing signal coordination timing plans using Synchro and Tru -Traffic software with careful calibration against the results of field review and travel time "before" study results. The signal system on Bake Parkway is expected to be upgraded to meet the latest guidelines and requirements Traffic Engineering Services On -Call for the Downey, California City of Downey City of Downey -or Jz Renewed in 2016 sReiarencz; Edwin Norris, (562) 904.7109 Plans, Specifications We have been providing on-call traffic and transportation services to the City and Cost Estimates of Downey since 2011- Our services included design services for Lakewood Plan Revievv Boulevard from Florence Avenue to Telegraph Road and Lakewood/Rosemead to Telegraph Road Improvements. These project improvements included curb ADA Compliance and gutter, ADA accessible ramps with detectable warning surface, driveway Signal 0uerotionol approaches andsidewalks; ornamental street and pedestrian lighting, street Cpiinnizolion parkway trees; traffic signal modification, striping, pavement markings, and Tirneiy Response to Task signage improvements. We prepared plans, specifications and cost estimates Or; {ei (PS&E) associated with the design and construction of improvements on Gardendale Street and Brookshire Avenue We recently finished signal modification with a series of overlap at Lakewood Boulevard and Apollo Way/Columbia Way where two intersections are operated by a single signal controller. The City assigned this task Stantec as urgent request to help deploy mitigation measure for extensive delays and queue back-up caused by inefficient lane configuration and split phase constructed by another consultant's design. The City implemented our proposed improvements and reported "much better operation than before". We also provided trouble -shooting to a lagging phase issue caused by legacy BiTran codings. References Conmct person Agency Jane White Ran Keith Edwin Norris i emenis County of Los Angeles Orange County Transportation Authority City of Downey Address and Phone W bc' 500 W. Temple St Los Angeles, California 90012 (626) 300-2020 550 S. Main Street Orange, California 92868 (714)560-6282 11111 Brookshire Avenue Downey, California 90241 (562) 904-7109 We have reviewed your proposed RFP/contract terms and believe that should we be selected for this assignment, we will be able to conclude a mutually satisfactory contract with you. Each member of our team is committed to the contract and can provide 100 percent availability at different stages as necessary for each project requirement. 0 a- 5LB—I s" I ,. _ I _ . ; [ tl„ 1 G CITY COUNCIL Agenda # 7 , 1 Meeting Date: October 4, 2016 AGENDA REPORT TO: Honorable Mayor and Members of the City Council VIA: James DeStefano, City Man g TITLE: ADOPTION OF RESOLUTION N . 2016 -XX OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR AMENDING THE CITY'S COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) PROGRAM FOR FISCAL YEAR 2016-17 TO REPROGRAM FUNDS TO THE MORNING CANYON ADA PARKWAY IMPROVEMENTS PROJECT FROM THE CDBG UNALLOCATED BALANCE IN THE AMOUNT OF $225,000 RECOMMENDATION: It is recommended that the City Council open the public hearing, receive testimony and adopt the Resolution. Funding for the CDBG Program is received from the Federal government. The reprogramming and appropriation of $225,000 in CDBG funds for the Morning Canyon ADA Parkway Improvements Project will provide $210,000 to construct the improvements and $15,000 for CDBG project administration and Federal labor and contract compliance costs. The use of CDBG funds for this project will alleviate the $318,099 of City General Funds previously budgeted for the Morning Canyon Parkway Improvements Project. BACKGROUND: On December 15, 2015, the City Council approved Fiscal Year (FY) 2016-17 Community Development Block Grant (CDBG) program funding. Each program year, the City receives an annual Community Development Block Grant (CDBG) program allocation from the U.S. Department of Housing and Urban Development (HUD) through the County of Los Angeles Community Development Commission (CDC). In past program years, the CDC required cities to utilize their annual allocation and the unallocated prior years' funds to implement eligible projects and programs planned for the next fiscal year. However, subsequent to the City Council's approval of the FY 2016-17 CDBG program funding, the pre -2016 CDBG unallocated funds from prior years were suspended until further notice and withheld from cities during the County's planning process in order for CDC to meet a new requirement by HUD to convert tracking of the program year grant funds. CDBG 1 unallocated funds consist of project savings from the prior year and deferred loan repayments from the Home Improvement Program (HIP). At the end of June 2016, the CDC notified the City that the conversion of the grant tracking system has been completed and cities will have access to the unallocated funds after July 1, 2016. On June 7, 2016, the City Council had adopted the FY 2016-17 City Budget, which included $318,099 in General Fund monies and $36,901 in TDA Funds for a total budget of $355,000 for the Morning Canyon Parkway Improvements Project. The scope of work for the Morning Canyon Parkway Improvements includes work items that provides for removal of architectural and/or material barriers to ADA accessibility. CDBG funds are available to pay for project costs that meet the CDBG criteria. DISCUSSION: The Morning Canyon ADA Parkway Improvements Project includes removing and replacing PCC sidewalk, removing and replacing PCC curb and gutter, removing catch basins and constructing three (3) new catch basins, construction of eight (8) ADA curb ramps, removal and replacement of damaged driveway and rehabilitation of the roadway. The removal of architectural and/or material barriers to ADA accessibility is an eligible CDBG activity. The project schedule is tentatively set as follows: Completion of Updated Design Advertisement of Project Bid Opening Award of Contract Start of Construction Completion of Construction October 2016 January 2016 February 2016 March 2017 April 2017 June 2017 Staff is recommending that the City Council consider and approve an amendment to the FY 2016-17 CDBG Program to allocate $225,000 in CDBG funds for the Morning Canyon ADA Improvements Project. A total of $232,000 in CDBG funds are available for reallocation from the pre -2016 CDBG unallocated funds, project savings from the completed FY 2015-16 project close-outs, and deferred loan repayments. PREPARED BY: Diana Cho, CDBG Consultant Reza Amirazodi, Project Manager REVIEWE David G. Liu, P.E. Director of Public Works / City Engineer Attachments: Resolution 2016 -XX Public Notice 2 DATE PREPARED: September 26, 2016 Dianna Honeywell Finance Director RESOLUTION 2016 -XX A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR AMENDING THE CITY'S COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) PROGRAM FOR FISCAL YEAR 2016-17 TO REPROGRAM FUNDS TO THE MORNING CANYON ADA PARKWAY IMPROVEMENTS PROJECT FROM THE CDBG UNALLOCATED BALANCE IN THE AMOUNT OF $225,000 WHEREAS, on August 22, 1974, the President of the United States signed into law the Housing and Community Development Act of 1974 (Act); and WHEREAS, the primary goals of Title 1 of the Act are the development of viable urban communities by providing decent housing and a suitable living environment, and expanding economic opportunities, principally for persons of low and moderate income; and WHEREAS, the City of Diamond Bar receives an allocation of Federal Community Development Block Grant (CDBG) funds to further the attainment of these goals; and WHEREAS, the City Council passed, approved and adopted Resolution 2015-45 on December 15, 2015 approving the CDBG funding allocation for the 2016-17 Program Year: and WHEREAS, the CDBG Unallocated Balance has $225,000 accumulated from prior years' project savings and deferred loan repayments available for reprogramming; and WHEREAS, the CDBG Program requires that allocated funds be used in an expeditious manner in order to meet the annual CDBG draw down goals; and WHEREAS, the removal of architectural and material barriers to ADA accessibility is an eligible CDBG activity; and WHEREAS, funding is needed for the Morning Canyon ADA Parkway Improvements Project in order to comply with ADA standards. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Diamond Bar as follows: Section 1. The funding allocation for the CDBG Program shall be amended to reprogram and appropriate $225,000 to the Morning Canyon ADA Parkway Improvements Project. Section 2. That the City Manager or his designee is authorized to execute the contractual and related documents to be prepared by the County of Los Angeles Community Development Commission that are required for the reprogramming of the CDBG funds for the Morning Canyon ADA Parkway Improvements Project. Section 3. This Resolution shall take effect from and after the date of its passage and adoption. PASSED, APPROVED, AND ADOPTED this 4th day of October, 2016. Nancy A. Lyons, Mayor I, Tommye A. Cribbins, City Clerk of the City of Diamond Bar, California do hereby certify that the foregoing Resolution No. 2016- 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 4th day of October, 2016, by the following vote, to wit: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: ABSTAIN: COUNCILMEMBERS: Tommye A. Cribbins, City Clerk City of Diamond Bar, California 2 CITY OF DIAMOND BAR 21810 COPLEY DRIVE DIAMOND BAR, CA 91765 (909) 839-7000 PUBLIC HEARING NOTICE AMENDMENT TO THE FISCAL YEAR 2016-2017 COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM The City of Diamond Bar is amending the federal Community Development Block Grant (CDBG) Program for Fiscal Year 2016-2017. In accordance with the U. S. Department of Housing and Urban Development (HUD) regulations, public notices are required if there is a proposed new project, substantial change, or project cancellation. The change to the FY 2016-2017 CDBG Program is as follows: City of Diamond Bar Morning Canyon ADA Parkway Improvements Project Project Number To Be Assigned Current Funding Allocation: $ -0- New Funding Allocation: $ 225,000.00 The project will provide funds to repair the existing uplifted sidewalks in a residential neighborhood that have become tripping hazards and make it difficult, dangerous or impossible for severely disabled adults or elderly residents to traverse the designated pedestrian pathway. The scope of work includes removing and replacing PCC sidewalk, removing and replacing PCC curb and gutter, catch basins, construction of ADA curb ramps, and removing and replacing asphalt concrete pavement. Funding for the project will be reprogrammed from the City's CDBG Unallocated Balance. All interested persons are invited to attend the City Council meeting on Tuesday, October 4, 2016, at 6:30 p.m., in the AQMD/Government Center Auditorium, located at 21865 Copley Drive, Diamond Bar, CA, 91765. Those wishing to comment on the CDBG Program amendment may do so in person at the Public Hearing scheduled for 6:45 p.m., or as soon thereafter that the matter can be heard. Additionally, written comments regarding the amendment may be submitted to the Diamond Bar City Hall at 21810 Copley Drive, Diamond Bar, California, 91765 by Monday, October 3, 2016, at 5:00 p.m. For further details, contact David Liu, City Engineer/Public Works Director, at (909) 839-7041. TO: FROM: ADDRESS: ORGANIZATION: CITY CLERK i—rrn� -o DATE: 10 - Lt- ] J L AGENDA#/SUBJECT: f" d rte; 6)1/4 wkAlpl s U PHONE: (Optional) I expect to address the Council on the subject agenda/subject item. Please have the Council Minutes reflect my name and address as written above. 6ignaMfe This document is a public record subject to disclosure under the Public Records Act. TO: FROM: ADDRESS: VOLUNTARY REQUEST TO ADDRESS THE CITY COUNCIL CITY CLERK Lilian f)e LDW- 64ke(KZDATE: (Q/4/l,(..7 PHONE: . (Optional) (Optional) ORGANIZATION: oe�-ro AGENDA#/SUBJECT: z - 'Pvb/ic C� +�✓�P�� I expect to address the Council on the subject agenda/subject item. Please have the Council Minutes reflect my name and address as written above. This document is a public record subject to disclosure under the Public Records Act.