Agenda packet — Diamond Bar City Council, November 15, 2022 (part 1 of 2)

City Council Agenda
Tuesday, November 15, 2022
Closed Session 5:30 PM
South Coast Air Quality Management District/Room CC-8
21865 Copley Drive, Diamond Bar, CA 91765
Regular Meeting 6:30 PM
South Coast Air Quality Management District/Main Auditorium 21865 Copley Drive, Diamond Bar, CA 91765
PUBLIC ADVISORY:

Consistent with State Assembly Bill 361, members of the City Council may be present or participate telephonically. Members of the public are encouraged to participate and address the City Council during the public comment portion of the meeting either in person or via teleconference. If you would like to attend the meeting in person, please note that face coverings are recommended.

How to Observe the Meeting From Home:

The public can observe the meeting by calling +1 (562) 247-8422, Access Code: 827-222-568 OR visit:
https://attendee.gotowebinar.com/register/5192373720446144524.

How to Submit Public Comment:

The public may provide public comment by attending the meeting in person, by sending an email, or by logging into the teleconference. Please send email public comments to the City Clerk at [email protected] by 4:00 p.m. on the day of the meeting and indicate in the Subject Line “FOR PUBLIC COMMENT.” Written comments will be distributed to the Council Members, noted for the record at the meeting and posted on the City’s official agenda webpage as soon as reasonably practicable (found here: http://diamondbarca.iqm2.com/Citizens/Default.aspx).

The public may log into the meeting through this link:
https://attendee.gotowebinar.com/register/5192373720446144524. Members of the public will be called upon one at a time during the Public Comment portion of the agenda. Speakers are limited to five minutes per agenda item, unless the Mayor determines otherwise.

American Disability Act Accommodations:

Pursuant to the Executive Order, and in compliance with the Americans with Disabilities Act, if you need special assistance to participate in the Council Meeting, please contact the City Clerk’s Office (909) 839- 7010 within 72 hours of the meeting. City Council video recordings with transcription will be available upon request the day following the Council Meeting.

The City of Diamond Bar thanks you in advance for taking all precautions to prevent spreading the COVID-19 virus.

NANCY A. LYONS
Council Member

STAN LIU
Council Member

STEVE TYE
Council Member
RUTH M. LOW
Mayor

ANDREW CHOU
Mayor Pro Tem
City Manager Dan Fox • City Attorney David DeBerry • City Clerk Kristina Santana

DIAMOND BAR CITY COUNCIL MEETING RULES
Welcome to the meeting of the Diamond Bar City Council. Meetings are open to the public and are broadcast on Spectrum Cable Channel 3 and Frontier FiOS television Channel 47. You are invited to attend and participate. Copies of staff reports or other written documentation relating to agenda items are on file and available for public inspection by contacting the Office of the City Clerk. If requested, the agenda will be made available in an alternative format to a person with disability as required by Section 202 of the Americans with Disabilities Act of 1990. If you have questions regarding an agenda item, please contact the City Clerk at (909) 839-7010 during regular business hours.

PUBLIC INPUT
Members of the public may address the Council on any item of business on the agenda during the time the item is taken up by the Council. In addition, members of the public may, during the Public Comment period address the Council on any Consent Calendar item or any matter not on the agenda and within the Council’s subject matter jurisdiction. Any material to be submitted to the City Council at the meeting should be submitted through the City Clerk.

Speakers are limited to five minutes per agenda item, unless the Mayor determines otherwise. The Mayor may adjust this time limit depending on the number of people wishing to speak, the complexity of the matter, the length of the agenda, the hour and any other relevant consideration.

Speakers may address the Council only once on an agenda item, except during public hearings, when the applicant/appellant may be afforded a rebuttal.

Public comments must be directed to the City Council. A person who disrupts the orderly conduct of the meeting after being warned by the Mayor or the Mayor’s designee that their behavior is disrupting the meeting, may result in the person being removed from the meeting.

INFORMATION RELATING TO AGENDAS AND ACTIONS OF THE COUNCIL Agendas for regular City Council meetings are available 72 hours prior to the meeting and are posted in the City’s regular posting locations, on DBTV Channel 3, Spectrum Cable Channel 3, Frontier FiOS television Channel 47 and on the City’s website at www.diamondbarca.gov. The City Council may take action on any item listed on the agenda.

HELPFUL PHONE NUMBERS
Copies of agendas, rules of the Council, Video of meetings: (909) 839-7010 Computer access to agendas: www.diamondbarca.gov
General information: (909) 839-700
Written materials distributed to the City Council within 72 hours of the City Council meeting are available for public inspection immediately upon distribution in the City Clerk’s Office at 21810 Copley Dr., Diamond Bar, California, during normal business hours.

THIS MEETING IS BEING VIDEO RECORDED AND BY PARTICIPATING VIA TELECONFERENCE, YOU ARE GIVING YOUR PERMISSION TO BE TELEVISED.

THIS MEETING WILL BE RE-BROADCAST EVERY SATURDAY AND SUNDAY AT 9:00 A.M. AND ALTERNATE TUESDAYS AT 8:00 P.M. AND IS ALSO AVAILABLE FOR

LIVE VIEWING AT
HTTPS://ATTENDEE.GOTOWEBINAR.COM/REGISTER/5192373720446144524 AND ARCHIVED VIEWING ON THE CITY’S WEB SITE AT WWW.DIAMONDBARCA.GOV.

CITY OF DIAMOND BAR

CITY COUNCIL AGENDA
November 15, 2022
CLOSED SESSION 5:30 p.m., Room CC-8; In person only
– no teleconference.

Public Comments
Public Employee Appointment
Pursuant to Government Code
section 54957
Title: City Attorney
CALL TO ORDER: 6:30 p.m.

PLEDGE OF ALLEGIANCE: Mayor
INVOCATION: Deacon Al Guerrero, St. Denis
Catholic Church
ROLL CALL: Liu, Lyons, Tye, Mayor Pro Tem
Chou, Mayor Low
APPROVAL OF AGENDA: Mayor
NOVEMBER 15, 2022 PAGE 2

1. SPECIAL PRESENTATIONS, CERTIFICATES, PROCLAMATIONS:

1.1 Through My Lens Photo Contest Winners

1.2 Small Business Saturday Proclamation

1.3 Diamond Bar Restaurant Week Presentation

2. CITY MANAGER REPORTS AND RECOMMENDATIONS:

3. PUBLIC COMMENTS:
"Public Comments" is the time reserved on each regular meeting agenda to provide an opportunity for members of the public to directly address the Council on Consent Calendar items or other matters of interest not on the agenda that are within the subject matter jurisdiction of the Council. Although the City Council values your comments, pursuant to the Brown Act, members of the City Council or Staff may briefly respond to public comments if necessary, but no extended discussion and no action on such matters may take place. There is a five-minute maximum time limit when addressing the City Council. At this time, the teleconference moderator will ask callers one at a time to give their name and if there is an agenda item number they wish to speak on before providing their comment. If you wish to speak on a public hearing item or council consideration item, you will then be called upon to speak at that point in the agenda.

4. SCHEDULE OF FUTURE EVENTS:

4.1 Coffee with a Cop – November 22, 2022, 5:30-7:30 p.m. Paris Baguette, 21050 Golden Springs Drive, Ste C105.

4.2 Planning Commission Meeting – November 22, 2022, 6:30 p.m. online teleconference and Windmill Room, 21810 Copley Dr.

4.3 Parks and Recreation Commission Meeting – Cancelled.

4.4 City Offices will be closed Thursday November 24, and Friday November 25, 2022 in observance of the Thanksgiving Holiday.

4.5 Windmill Lighting – December 4, 2022, 5:00-6:00 p.m. Grand Avenue at Diamond Bar Boulevard, Diamond Bar, CA 91765.

4.6 City Council Meeting – December 6, 2022, 6:30 p.m. online teleconference and SCAQMD Main Auditorium, 21865 Copley Dr.

NOVEMBER 15, 2022 PAGE 3

5. CONSENT CALENDAR:

All items listed on the Consent Calendar are considered by the City Council to be routine and will be acted on by a single motion unless a Council Member or member of the public request otherwise, in which case, the item will be removed for separate consideration.

5.1 CITY COUNCIL MINUTES OF THE NOVEMBER 1, 2022 REGULAR MEETING.

5.1.a November 1, 2022 Regular City Council Minutes
Recommended Action:

Approve the November 1, 2022 Regular City Council meeting minutes.

Requested by: City Clerk

5.2 RATIFICATION OF CHECK REGISTER DATED OCTOBER 26, 2022 THROUGH NOVEMBER 8, 2022 TOTALING $2,158,188.54.

Recommended Action:

Ratify the Check Register.

Requested by: Finance Department

5.3 TREASURER'S STATEMENT
Recommended Action:

Approve the October 2022 Treasurer’s Statement.

Requested by: Finance Department

5.4 CONTINUED USE OF TELECONFERENCING IN ACCORDANCE WITH ASSEMBLY BILL 361 FOR MEETINGS OF THE DIAMOND BAR CITY

COUNCIL AND OTHER CITY COMMISSIONS AND COMMITTEES
SUBJECT TO STATE OPEN MEETING LAWS.

Recommended Action:

Adopt Resolution No. 2022-55, providing for continued use of teleconferencing and other formats as defined and in compliance with Assembly Bill 361 for meetings of the Diamond Bar City Council, City Commissions and Subcommittees.

Requested by: City Manager

5.5 AMENDMENT TO THE CITY OF DIAMOND BAR FRINGE BENEFITS FOR FY 2022-2023.

Recommended Action:

Adopt Resolution No. 2022-56 Amending City of Diamond Bar Fringe NOVEMBER 15, 2022 PAGE 4
Benefits for FY 2022-23.

Requested by: City Manager

5.6 GENERAL FUND BUDGET ADJUSTMENT FOR RECREATION
CONTRACT SERVICES.

Recommended Action:

A. Appropriate $115,000 from the General Fund (Fund 100) to Recreation Contract Classes (100520-55320); and
B. Approve an increase to General Fund budgeted revenues for Recreation Contract Classes in the amount of $172,500 (100-48340).

Requested by: Parks & Recreation Department

5.7 AWARD OF CONSTRUCTION AGREEMENT TO YUNEX LLC FOR THE

LED ILLUMINATED STREET NAME SIGN AND HIGHWAY SAFETY
LIGHT REPLACEMENT PROJECT (CIP # TM23201).

Recommended Action:

A. Determine that the proposed project is Categorically Exempt (Class 2) from the California Environmental Quality Act pursuant to section 15302 of the CEQA Guidelines;
B. Approve, and authorize the Mayor to sign a Construction Agreement with Yunex LLC, in the amount of $967,795, plus a contingency amount of $48,390 for contract change orders, if any, to be approved by the City Manager, for a total authorization amount of $1,016,185; and
C. Appropriate $176,200 from the Measure M Fund (Fund 203) Fund Balance to the CIP Fund (Fund 301) for Project #TM23201.

Requested by: Public Works Department

5.8 APPROVAL OF FINAL PARCEL MAP 82066 AND SUBDIVISION
AGREEMENT TO SUBDIVIDE A 5.73-ACRE SITE INTO FOUR (4) FEE

SIMPLE COMMERCIAL PARCELS OVERLAYED WITH AN AIRSPACE
SUBDIVISION OF 34 CONDOMINIUM UNITS IN A THREE-STORY

OFFICE BUILDING LOCATED ON THE EAST SIDE OF BREA CANYON ROAD BETWEEN LYCOMING STREET AND THE SR-60 FREEWAY,

KNOWN AS THE BREA CANYON BUSINESS PARK (LYCOMING, LLC)
Recommended Action:

A. Determine that approval of the proposed Final Parcel Map is ministerial and thus is exempt from the California Environmental Quality Act pursuant to Title 14, California Code of Regulations, Section 15268(b)(3);
NOVEMBER 15, 2022 PAGE 5
B. Adopt Resolution No. 2022-57 approving Final Parcel Map 82066; and C. Approve, and authorize the Mayor to execute the Subdivision Agreement.

Requested by: Public Works Department

5.9 FRANCHISE AGREEMENT WITH FOCUS MEDIA GROUP, INC. FOR

THE REPLACEMENT AND MAINTENANCE OF BUS STOP AMENITIES

CITYWIDE AND FOR THE BUS SHELTERS ADVERTISEMENT
PROGRAM THROUGH JUNE 30, 2027.

Recommended Action:

A. Determine that approval of the proposed Franchise Agreement is Categorically Exempt (Class 2) from the California Environmental Quality Act pursuant to section 15302 of the CEQA Guidelines; and B. Approve, and authorize the Mayor to sign a Bus Shelter Franchise Agreement with Focus Media Group, Inc., through June 30, 2027 that will provide for:

1. Procurement and installation of bus stop amenities, in the amount of $1,099,657.11, plus a contingency amount of $100,300 for contract change orders, to be approved by the City Manager, for a total authorization amount of $1,199,957.11;

2. Administration and revenue sharing of a Bus Shelter Advertising Program; and

3. Maintenance Services for all bus stop amenities and shelters citywide.

Requested by: Public Works Department

5.10 NOTICE OF COMPLETION FOR THE AREA 1 RESIDENTIAL &

COLLECTOR STREETS REHABILITATION AND THE GOLDEN

SPRINGS DRIVE ARTERIAL STREET REHABILITATION BETWEEN
BREA CANYON ROAD AND LEMON AVENUE - PROJECT NOS.

SI22105 & SI22103.

Recommended Action:

Approve, and authorize the Public Works Director to file, a Notice of Completion.

Requested by: Public Works Department
NOVEMBER 15, 2022 PAGE 6

6. PUBLIC HEARINGS:

6.1 ADOPTION OF THE 2022 CALIFORNIA BUILDING STANDARDS
CODES (TITLE 24 C.C.R. PARTS 2, 2.5, 3, 4, 5, AND 11) WITH LOCAL AMENDMENTS.

Recommended Action:

Open public hearing, receive public testimony, approve for second reading by title only, waive full reading, and adopt Ordinance No. 03 (2022).

Requested by: Community Development Department

6.2 AMENDMENTS TO TITLE 5 AND TITLE 22 (DEVELOPMENT CODE) OF

THE DIAMOND BAR MUNICIPAL CODE TO CLARIFY THE EXISTING

PROHIBITION ON SHORT-TERM RENTALS IN RESIDENTIAL
NEIGHBORHOODS.

Recommended Action:

A. Open Public Hearing to receive public testimony;
B. Determine that the proposed code amendment is not subject to CEQA pursuant to Sections 15061(b)(3) and 15305 of the CEQA Guidelines; and
C. Approve for first reading by title only, waive full reading of Ordinance No. 04(2022); and schedule the second reading and adoption at the next regularly scheduled City Council meeting.

Requested by: Community Development Department

7. COUNCIL CONSIDERATION: NONE.

8. COUNCIL SUB-COMMITTEE REPORTS AND MEETING ATTENDANCE REPORTS/COUNCIL MEMBER COMMENTS:

9. ADJOURNMENT:

Agenda #: 5.1
Meeting Date: November 15, 2022
TO: Honorable Mayor and Members of the City Council
FROM: Daniel Fox, City Manager
TITLE: CITY COUNCIL MINUTES OF THE NOVEMBER 1, 2022 REGULAR MEETING.

STRATEGIC
GOAL: Open, Engaged & Responsive Government
RECOMMENDATION:

Approve the November 1, 2022 Regular City Council meeting minutes.

FINANCIAL IMPACT:

None.

BACKGROUND/DISCUSSION:

Minutes have been prepared and are being presented for approval.

PREPARED BY:

REVIEWED BY:

5.1 Packet Pg. 9
Attachments:

1. 5.1.a November 1, 2022 Regular City Council Minutes

5.1 Packet Pg. 10

CITY OF DIAMOND BAR

MINUTES OF THE CITY COUNCIL REGULAR MEETING

SOUTH COAST AIR QUALITY MANAGEMENT DISTRICT/MAIN AUDITORIUM 21865 COPLEY DRIVE, DIAMOND BAR, CA 91765
NOVEMBER 1, 2022
CALL TO ORDER: Mayor Low called the Regular City Council meeting to order at 6:30 p.m. in the South Coast Air Quality Management District’s Main Auditorium, 21865 Copley Drive, Diamond Bar, CA 91765.

Consistent with State Assembly Bill 361, members of the public were encouraged to participate and address the City Council during the public comment portion of the meeting via teleconference. City Council Members and staff participated in person and telephonically.

PLEDGE OF ALLEGIANCE: Mayor Low led the Pledge of Allegiance.

INVOCATION: Bruce Chitiea, Walnut Valley Rotary, provided the invocation.

ROLL CALL: Council Members Stan Liu, Nancy Lyons, Steve Tye, Mayor Pro Tem Andrew Chou, Mayor Ruth Low
Staff Present: Dan Fox, City Manager; David DeBerry, City Attorney; Ryan McLean, Assistant City Manager; Raymond Tao, Building Official; Cecilia Arellano, Public Information Coordinator; Joan Cruz, Administrative Coordinator; Kristina Santana, City Clerk
Staff Present Telephonically: Amy Haug, Human Resources Manager; Ryan Wright, Parks & Recreation Director; Anthony Santos, Assistant to the City Manager; Jason Jacobsen, Finance Director; David Liu, Public Works Director; Hal Ghafari, Public Works Manager/Assistant City Engineer; Ken Desforges, Information Services Director; Marsha Roa, Public Information Manager
Also Present: LA County Sheriff’s Captain Stephen Tousey Also Present Telephonically: Leticia Pacillas, LACFD Community Services Liaison APPROVAL OF AGENDA: As presented by M/Low.

1. SPECIAL PRESENTATIONS, CERTIFICATES, PROCAMATIONS:

1.1 Proclamation Declaring November 2022 as Lung Cancer Awareness Month.

Mayor Low read the proclamation.

2. CITY MANAGER REPORTS AND RECOMMENDATIONS: None

3. PUBLIC COMMENTS:

Robin Smith spoke about the Canyon Loop Trail project.

5.1.a
Packet Pg. 11
NOVEMBER 1, 2022 PAGE 2 CITY COUNCIL
Chia Teng spoke about the City’s budget and financial report.

Cynthia Yu, Interim Community Manager, Diamond Bar Library, reported on upcoming library events.

CC/Santana stated that two emails from Eric Li were submitted, copies of which were forwarded to City Council Members and placed at the meeting entrance for public viewing.

4. SCHEDULE OF FUTURE EVENTS: CM/Fox presented the Schedule of Future Events.

5. CONSENT CALENDAR: MPT/Chou moved, C/Lyons seconded, to approve the Consent Calendar as presented. Motion carried 5-0 by the following Roll Call vote:

AYES: COUNCIL MEMBERS: Liu, Lyons, Tye, MPT/Chou, M/Low NOES: COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS: None

5.1 APPROVED CITY COUNCIL MINUTES OF THE OCTOBER 18, 2022 REGULAR MEETING.

5.2 RATIFIED CHECK REGISTER DATED October 12, 2022 through October 25, 2022 totaling $1,970,237.27.

6. PUBLIC HEARINGS: NONE

7. COUNCIL CONSIDERATION:

7.1 FIRST READING OF ORDINANCE NO. 03(2022) AMENDING TITLE 15, THE DIAMOND BAR MUNICIPAL CODE, BY ADOPTING THE 2022
CALIFORNIA BUILDING STANDARDS CODES (TITLE 24 C.C.R. PARTS

2.2.5, 3, 4, 5, AND 11) WITH LOCAL AMENDMENTS:

BO/Tao presented the staff report.

M/Low opened the item for public comments.

With no one wishing to speak on this item, M/Low closed public comments.

C/Lyons moved, C/Liu seconded, to adopt for First Reading by Title Only of Ordinance No. 03(2022) with Section1, Item 21 deleted, and set for Public Hearing, Second Reading and adoption at the November 15, 2022 City Council Meeting: Motion carried by the following Roll Call vote:

5.1.a
Packet Pg. 12
NOVEMBER 1, 2022 PAGE 3 CITY COUNCIL
AYES: COUNCIL MEMBERS: Liu, Lyons, Tye, MPT/Chou,
M/Low
NOES: COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS: None

8. COUNCIL SUBCOMMITTEE REPORTS AND MEETING ATTENDANCE
REPORTS/COUNCIL MEMBER COMMENTS:

C/Liu thanked staff for their presentations, thanked staff and volunteers for the fun-filled Halloween Party and looked forward to seeing everyone at the Veteran’s Recognition event.

C/Tye said that 20-30 volunteers and staff provided the community with a wonderful Halloween Party and hoped everyone would join in honoring the veterans on November 9th and vote on November 8
th
.

C/Lyons reported that construction and renovation of the Diamond Bar Golf Course proceeds on schedule toward the March 2023 reopening, congratulated staff and M/Low for an excellent and well-attended State of the City event, thanked staff for a fabulous Barktober, and displayed a photo of Vermillion Cliff’s National Monument in Arizona taken by Eunice Oh, for which she won third prize in the nationwide AAA Photo Contest. She encouraged everyone to vote on Tuesday and honor the veterans on Wednesday at the Diamond Bar Center.

MPT/Chou reported that he, C/Liu and M/Low attended a special event at Fire Station No. 118 in the City of Industry where Assembly Member Lisa Calderon and Senator Bob Archuleta presented a $500,000 check to assist the LA County Fire Department with construction of two new Heli-Hydrants and completion of a retrofit to eight (8) portable dip tanks, one of which will be located near Diamond Bar, and said he looked forward to seeing everyone at the Veterans event next week.

M/Low thanked staff for a really fun Halloween Party last Saturday, thanked the Walnut Valley Rotary Club for bringing Red Ribbon Week in honor of DEA Agent Enrique Camarena to Diamond Bar High School on October 22nd, and congratulated Walnut Council Member and former Mayor Robert Pacheco who retired on October 26th.

ADJOURNMENT: With no further business to conduct, M/Low adjourned the Regular City Council Meeting at 7:10 pm.

5.1.a
Packet Pg. 13
NOVEMBER 1, 2022 PAGE 4 CITY COUNCIL
Respectfully Submitted:
__________________________
Kristina Santana, City Clerk
The foregoing minutes are hereby approved this 15th day of November, 2022. __________________________
Ruth M. Low, Mayor

5.1.a
Packet Pg. 14
Agenda #: 5.2
Meeting Date: November 15, 2022
TO: Honorable Mayor and Members of the City Council
FROM: Daniel Fox, City Manager
TITLE: RATIFICATION OF CHECK REGISTER DATED OCTOBER 26, 2022 THROUGH NOVEMBER 8, 2022 TOTALING $2,158,188.54.

STRATEGIC
GOAL: Responsible Stewardship of Public Resources
RECOMMENDATION:

Ratify the Check Register.

FINANCIAL IMPACT:

Expenditure of $2,158,188.54.

BACKGROUND/DISCUSSION:

The City has established the policy of issuing accounts payable checks on a weekly basis with City Council ratification at the next scheduled City Council Meeting.

The attached check register containing checks dated October 26, 2022 through November 8, 2022 totaling $2,158,188.54 is being presented for ratification. All payments have been made in compliance with the City’s purchasing policies and procedures, and have been reviewed and approved by the appropriate departmental staff. The attached Affidavit affirms that the check register has been audited and deemed accurate by the Finance Director.

PREPARED BY:

5.2 Packet Pg. 15
REVIEWED BY:

Attachments:

1. 5.2.a Check Register Affidavit 11-15-2022

2. 5.2.b Check Register 11-15-2022

5.2 Packet Pg. 16

5.2.a
Packet Pg. 17
City of Diamond Bar Check Register
CHECK # CHECK DATE VENDOR NAME OTP VENDOR NAME INVOICE DESCRIPTION ORG OBJECT AMOUNT 5705 10/26/2022 US BANK PCARD STATEMENT - SEPT 2022 999 28100 $21,665.34 CHECK TOTAL $21,665.34
5706 10/26/2022 US BANK ST PAUL DEBT SVCS PAYMENT-LEASE REV

REFUNDING BONDS
401510 57100 $125,585.54
CHECK TOTAL $125,585.54
6634 11/3/2022 SOUTHERN CALIFORNIA EDISON SAFETY LIGHTS - 21010 WASHING TON ST LS-2
100655 52210 $92.49
CHECK TOTAL $92.49
6635 11/3/2022 SOUTHERN CALIFORNIA EDISON SAFETY LIGHTS - 24230 GOLDEN SPRINGS LS-2
100655 52210 $73.64
CHECK TOTAL $73.64
6636 11/3/2022 SOUTHERN CALIFORNIA EDISON SAFETY LIGHTS - 1798 DBB/22566 GOLDEN SPRINGS LS-2
100655 52210 $174.04
CHECK TOTAL $174.04
6637 11/3/2022 SOUTHERN CALIFORNIA EDISON SAFETY LIGHTS - 21250 GOLDEN SPRINGS LS-2
100655 52210 $77.59
CHECK TOTAL $77.59
6638 11/3/2022 SOUTHERN CALIFORNIA EDISON 21325 PATHFINDER LS-2 100655 52210 $212.46 CHECK TOTAL $212.46
6639 11/3/2022 SOUTHERN CALIFORNIA EDISON SAFETY LIGHTS - 1025 BREA CANYON TC1 LS-2
100655 52210 $123.39
CHECK TOTAL $123.39
6640 11/3/2022 SOUTHERN CALIFORNIA EDISON SAFETY LIGHTS - 22805 GOLDEN SPRINGS LS-2
100655 52210 $96.99
CHECK TOTAL $96.99
6641 11/3/2022 SOUTHERN CALIFORNIA EDISON TRAFFIC CONTROL - 809 S DBB TC-1 100655 52210 $119.35 CHECK TOTAL $119.35
6642 11/4/2022 SOUTHERN CALIFORNIA EDISON 3334 1/2 BREA CNYN (09.22.22 -

10.23.22) FY22-23
100630 52210 $18.03
CHECK TOTAL $18.03
6643 11/7/2022 SOUTHERN CALIFORNIA EDISON SAFETY LIGHTS - 2201 DBB LS-2 100655 52210 $77.59 CHECK TOTAL $77.59

5.2.b
Packet Pg. 18
City of Diamond Bar Check Register
CHECK # CHECK DATE VENDOR NAME OTP VENDOR NAME INVOICE DESCRIPTION ORG OBJECT AMOUNT 6644 11/7/2022 SOUTHERN CALIFORNIA EDISON TRAFFIC CONTROL - DBB N/W @ TEMPLE TC-1
100655 52210 $124.49
CHECK TOTAL $124.49
6645 11/7/2022 SOUTHERN CALIFORNIA EDISON 1 DBB TEMPLE - SAFETY LIGHTS LS-2 100655 52210 $110.67 CHECK TOTAL $110.67
6646 11/7/2022 SOUTHERN CALIFORNIA EDISON SAFETY LIGHTS - 21615 GATEWAY DR. LS2100655 52210 $77.59 CHECK TOTAL $77.59
6647 11/7/2022 SOUTHERN CALIFORNIA EDISON SAFETY LIGHTS - 3798 S BREA CYN LS-2 100655 52210 $58.19 CHECK TOTAL $58.19
6648 11/7/2022 SOUTHERN CALIFORNIA EDISON SAFETY LIGHTS - 1003 GOLDEN SPRINGS - LS-2
100655 52210 $102.12
CHECK TOTAL $102.12
6649 11/7/2022 SOUTHERN CALIFORNIA EDISON TRAFFIC CONTROL -1395 S DBB & VARIOUS TC-1
100655 52210 $1,179.47
CHECK TOTAL $1,179.47
6650 11/7/2022 SOUTHERN CALIFORNIA EDISON SAFETY LIGHTS - BREA CYN/OAKCREST LS-2
100655 52210 $58.68
CHECK TOTAL $58.68
6651 11/7/2022 SOUTHERN CALIFORNIA EDISON SAFETY LIGHTS - BREA CYN/FALLOWFIELD LS-2
100655 52210 $77.05
CHECK TOTAL $77.05
6652 11/7/2022 SOUTHERN CALIFORNIA EDISON SAFETY LIGHTS - 3201 DBB LS-2 100655 52210 $116.37 CHECK TOTAL $116.37
6653 11/7/2022 SOUTHERN CALIFORNIA EDISON SAFETY LIGHTS - 1798 DBB/22566 GOLDEN SPRGS LS-2
100655 52210 $174.04
CHECK TOTAL $174.04
6654 11/7/2022 SOUTHERN CALIFORNIA EDISON SAFETY LIGHTS - 1025 BREA CYN TC-1 LS2100655 52210 $123.39 CHECK TOTAL $123.39
6665 11/8/2022 AARON STANLEY TALALAY INTRUCTOR PAYMENT - PICKLEBALLFALL 22100520 55320 $1,785.00 CHECK TOTAL $1,785.00

5.2.b
Packet Pg. 19
City of Diamond Bar Check Register
CHECK # CHECK DATE VENDOR NAME OTP VENDOR NAME INVOICE DESCRIPTION ORG OBJECT AMOUNT 6666 11/8/2022 AARP SENIOR INSTRUCTOR PAYMENT - AARP -
FALL 22
100520 55310 $140.00
CHECK TOTAL $140.00
6667 11/8/2022 AIRGAS INC HELIUM FY 22-23 100630 51200 $13.58 11/8/2022 AIRGAS INC HELIUM FY 22-23 100520 51200 $137.52 CHECK TOTAL $151.10
6668 11/8/2022 AMERICAN UNITED SALES CORP EXCURSION ADMISSION 100520 55300 $789.00 CHECK TOTAL $789.00
6669 11/8/2022 AMERICOMP GROUP TONER FOR PRINTERS 100230 51200 $909.91 CHECK TOTAL $909.91
6670 11/8/2022 ANIMAL PEST MANAGEMENT

SERVICES INC

COMPREHENSIVE PEST CONTROL (OCT)
FY 22-23
100630 52320 $70.00
11/8/2022 ANIMAL PEST MANAGEMENT

SERVICES INC

COMPREHENSIVE PEST CONTROL (OCT)
FY 22-23
100510 52320 $105.00
11/8/2022 ANIMAL PEST MANAGEMENT

SERVICES INC

COMPREHENSIVE PEST CONTROL (OCT)
FY 22-23
100620 52320 $120.00
CHECK TOTAL $295.00
6671 11/8/2022 NAILA ASAD BARLAS STIPEND-10/11/22 PC MEETING-BARLAS 100410 52525 $65.00 11/8/2022 NAILA ASAD BARLAS STIPEND-10/25/22 PC MTG-BARLAS 100410 52525 $65.00 CHECK TOTAL $130.00
6672 11/8/2022 ROBYN A BECKWITH INDOOR PLANT MAINTENANCE (OCT) FY 22-23
100510 55300 $255.00
11/8/2022 ROBYN A BECKWITH INDOOR PLANT MAINTENANCE (OCT) FY 22-23
100620 52320 $355.00
CHECK TOTAL $610.00
6673 11/8/2022 JOHN E BISHOP INSTRUCTOR PAYMENT - KARATE - FALL 22 100520 55320 $390.00
CHECK TOTAL $390.00
6674 11/8/2022 KATHY BREAUX INSTRUCTOR PAYMENT - ART - FALL 22 100520 55320 $115.20 CHECK TOTAL $115.20
6675 11/8/2022 CENGAGE LEARNING INC INSTRUCTOR PAYMENT ONLINE CLASS 100520 55320 $75.00 CHECK TOTAL $75.00

5.2.b
Packet Pg. 20
City of Diamond Bar Check Register
CHECK # CHECK DATE VENDOR NAME OTP VENDOR NAME INVOICE DESCRIPTION ORG OBJECT AMOUNT 6676 11/8/2022 CHEM PRO LABORATORY INC BUILDING MAINTENANCE (OCT) FY 22- 23 100620 52320 $179.00
11/8/2022 CHEM PRO LABORATORY INC WATER TREATMENT SVC (NOV) FY 22-23 100620 52320 $179.00 CHECK TOTAL $358.00
6677 11/8/2022 CIVICPLUS LLC RENEWAL FEE - PARKS & REC (6 MOS

PRORATED)
100230 52314 $4,954.34
11/8/2022 CIVICPLUS LLC RENEWAL FEE - RESTAURANT WEEK (6 MOS. PRORATED)
100230 52314 $4,954.34
11/8/2022 CIVICPLUS LLC ANNUAL UPGRADE - DHP (6 MOS.

PRORATED)
100230 52314 $1,605.63
11/8/2022 CIVICPLUS LLC CITY WEBSITE UPDATE PROJECT 100230 52314 $278.24 11/8/2022 CIVICPLUS LLC MUNICIPAL CODE SUPPLEMENT 100140 54900 $12.20 CHECK TOTAL $11,804.75
6678 11/8/2022 CODING MINDS INC INSTRUCTOR PAYMNET - COMPUTER - FALL 22
100520 55320 $264.00
CHECK TOTAL $264.00
6679 11/8/2022 COPP CONTRACTING INC AREA 1 RES ST/COLL REHAB - THRU 9/30/22
301610 56101 $504,466.43
CHECK TOTAL $504,466.43
6680 11/8/2022 CREATE & LEARN INC INSTRUCTOR PAYMENT - COMPUTER - FALL 22
100520 55320 $157.20
CHECK TOTAL $157.20
6681 11/8/2022 CT & T CONCRETE PAVING INC ROAD MAINTENANCE SERVICES (VIA SORELLA) FY 22-23
100655 55512 $5,372.00
11/8/2022 CT & T CONCRETE PAVING INC ROAD MAINTENANCE SERVICES (TORITO LANE) FY 22-23
100655 55512 $7,158.06
11/8/2022 CT & T CONCRETE PAVING INC ROAD MAINT SERVICES (CONCRETE WORK) FY 22-23
100655 55512 $6,262.20
11/8/2022 CT & T CONCRETE PAVING INC ROAD MAINT SERVICES (CONCRETE WORK) FY 22-23
100655 55514 $104,596.50
11/8/2022 CT & T CONCRETE PAVING INC SANDBLAST PAINTED CURBS FY 22-23 100655 55516 $40,023.80 CHECK TOTAL $163,412.56
6682 11/8/2022 DD SYSTEMS INC CANYON LOOP TRAIL-PROGRESS PAYMENT #1
301630 56104 $54,563.10
CHECK TOTAL $54,563.10

5.2.b
Packet Pg. 21
City of Diamond Bar Check Register
CHECK # CHECK DATE VENDOR NAME OTP VENDOR NAME INVOICE DESCRIPTION ORG OBJECT AMOUNT 6683 11/8/2022 CAROL A DENNIS MINUTE SECRETARY - T&T COMM - SEPT 2022
100610 54900 $100.00
CHECK TOTAL $100.00
6684 11/8/2022 DIANA CHO & ASSOCIATES CDBG ADMIN FEES-AREA 2 ADA JULY AUG SEPT 2022
301610 56101 $2,847.50
11/8/2022 DIANA CHO & ASSOCIATES CDBG ADMIN FEES-SENIOR PROG-JULY AUG SEPT 2022
225440 54900 $1,232.50
CHECK TOTAL $4,080.00
6685 11/8/2022 DS SERVICES OF AMERICA INC BOTTLED WATER DELIVERY (OCT) FY 22- 23 100620 51200 $331.19
CHECK TOTAL $331.19
6686 11/8/2022 ECOFERT INC FERTILIZER INJECTION SYSTEM (OCT) FY 22-23
100630 52320 $1,207.00
CHECK TOTAL $1,207.00
6687 11/8/2022 EXPRESS MAIL CORPORATE

ACCOUNT
NXT DAY-9/13/22 PC AGENDA TO CITY
ATTY
100410 52170 $24.05
CHECK TOTAL $24.05
6688 11/8/2022 EXTERIOR PRODUCTS CORP AMERICAN FLAG INSTALLATION VETERANS DAY FY 22-23
100630 52320 $6,312.50
CHECK TOTAL $6,312.50
6689 11/8/2022 FIDUCIARY EXPERTS LLC FIDUCIARY OVERSIGHT QUARTERLY FEE 100220 54900 $2,000.00 CHECK TOTAL $2,000.00
6690 11/8/2022 GARY TOSHIHIKO BUSTEED T&T COMMISSION STIPEND - SEPT 2022 100610 52525 $45.00 CHECK TOTAL $45.00
6691 11/8/2022 GATEWAY CORP CENTER ASSOC CAPITAL DISTRIBUTION & ASSOC. DUES (NOV) FY 22-23
100620 52400 $2,488.79
CHECK TOTAL $2,488.79
6692 11/8/2022 GERALDINE KELLER INSTURCTOR PAYMENT -CULINARY - FALL 22
100520 55320 $48.00
CHECK TOTAL $48.00
6693 11/8/2022 GO LIVE TECHNOLOGY INC PROJECT MGMT - LAND MGMT - JUL 2022
503230 56135 $2,530.00
CHECK TOTAL $2,530.00
6694 11/8/2022 GOVCONNECTION INC PURCHASE OF LAP TOP COMPUTERS 503230 56130 $1,385.98

5.2.b
Packet Pg. 22
City of Diamond Bar Check Register
CHECK # CHECK DATE VENDOR NAME OTP VENDOR NAME INVOICE DESCRIPTION ORG OBJECT AMOUNT 11/8/2022 GOVCONNECTION INC PURCHASE OF LAP TOP COMPUTERS 251160 56130 $2,776.72 11/8/2022 GOVCONNECTION INC PURCHASE OF LAP TOP COMPUTERS 503230 56130 $118.12 11/8/2022 GOVCONNECTION INC PURCHASE OF LAP TOP COMPUTERS 251160 56130 $236.66 11/8/2022 GOVCONNECTION INC PURCHASE OF LAP TOP COMPUTERS 503230 56130 $117.31 11/8/2022 GOVCONNECTION INC PURCHASE OF LAP TOP COMPUTERS 251160 56130 $235.01 CHECK TOTAL $4,869.80
6695 11/8/2022 GRAYBAR ELECTRIC COMPANY
INC
BUILDING MAINTENANCE (DBC) FY 22-
23 100510 52320 $1,723.57
CHECK TOTAL $1,723.57
6696 11/8/2022 GUARANTEED JANITORIAL

SERVICE INC
JANITORIAL SERVICES (OCT) FY 22-23 100630 55505 $2,660.70 11/8/2022 GUARANTEED JANITORIAL

SERVICE INC
JANITORIAL SERVICES (OCT) FY 22-23 100510 55505 $5,864.40 11/8/2022 GUARANTEED JANITORIAL

SERVICE INC
JANITORIAL SERVICES (OCT) FY 22-23 100620 52320 $9,474.25 CHECK TOTAL $17,999.35
6697 11/8/2022 HDL COREN & CONE CONTRACT SERVICES - PROPERTY TAX FY 22/23
100210 54010 $3,766.18
CHECK TOTAL $3,766.18
6698 11/8/2022 HEART CHAN INSTRUCTOR PAYMENT - MEDITATION - FALL 22
100520 55320 $420.00
CHECK TOTAL $420.00
6699 11/8/2022 HEATHER JEN CHANG CONTRACT CLASS- ART CLASSES 100520 55320 $1,293.00 CHECK TOTAL $1,293.00
6700 11/8/2022 HOME DEPOT CREDIT SERVICES BUILDING MAINTENANCE/SUPPLIES (OCT) FY 22-23
100510 52320 $39.90
11/8/2022 HOME DEPOT CREDIT SERVICES BUILDING MAINTENANCE/SUPPLIES (OCT) FY 22-23
100630 51200 $47.78
11/8/2022 HOME DEPOT CREDIT SERVICES BUILDING MAINTENANCE/SUPPLIES (OCT) FY 22-23
100620 51200 $51.84
CHECK TOTAL $139.52
6701 11/8/2022 HOPSCOTCH PRESS INC DBC FEATURED MONTHLY AD-NOV 22 100510 52160 $450.00 CHECK TOTAL $450.00

5.2.b
Packet Pg. 23
City of Diamond Bar Check Register
CHECK # CHECK DATE VENDOR NAME OTP VENDOR NAME INVOICE DESCRIPTION ORG OBJECT AMOUNT 6702 11/8/2022 INLAND SOCAL MEDIA GROUP
LLC
DBC AD FOR OCTOBER 2022 100510 52160 $750.00
CHECK TOTAL $750.00
6703 11/8/2022 INTEGRUS LLC RICOH COPY CHARGES - 9/19/22- 10/18/22
100230 52100 $416.84
CHECK TOTAL $416.84
6704 11/8/2022 J & J'S SPORTS & TROPHIES PARKS/MAINT SUPPLIES FY 22-23 100630 51200 $315.32 CHECK TOTAL $315.32
6705 11/8/2022 JOHN L HUNTER & ASSOC INC NPDES SERVICES - JULY 2022 201610 54200 $1,189.25 CHECK TOTAL $1,189.25
6706 11/8/2022 KENNETH L MOK STIPEND-10/25/22 PC MTG-MOK 100410 52525 $65.00 CHECK TOTAL $65.00
6707 11/8/2022 LIEBE SHERI-LYN CONTRACT CLASS - DANCE CLASSES 100520 55320 $1,092.00 CHECK TOTAL $1,092.00
6708 11/8/2022 LOS ANGELES COUNTY SHERIFF'S
DEPT
FY2022-23 SHERIFF GEN LAW SERVICES -
08/2022
100310 55400 $606,351.66
11/8/2022 LOS ANGELES COUNTY SHERIFF'S
DEPT
FY2022-23 SHERIFF STREET SWEEPING -
07/2022
100310 55402 $427.76
11/8/2022 LOS ANGELES COUNTY SHERIFF'S
DEPT
FY2022-23 SHERIFF CONCERTS 07/2022 100520 55402 $3,056.14 11/8/2022 LOS ANGELES COUNTY SHERIFF'S
DEPT
FY2022-23 SHERIFF CAV CHAPEL -
07/2022
100310 55402 $10,722.49
11/8/2022 LOS ANGELES COUNTY SHERIFF'S
DEPT
FY2022-23 SHERIFF CAV CHAPEL -
08/2022
100310 55402 $9,220.23
11/8/2022 LOS ANGELES COUNTY SHERIFF'S
DEPT
FY2022-23 SHERIFF STREET SWEEPER -
08/2022
100310 55402 $410.61
11/8/2022 LOS ANGELES COUNTY SHERIFF'S
DEPT
FY2022-23 SHERIFF CONCERTS - 08/2022 100310 55402 $3,056.14 CHECK TOTAL $633,245.03
6709 11/8/2022 LOWE'S BUSINESS ACCOUNT OPERATING SUPPLIES (CITY HALL) FY 22- 23 100620 51200 $920.24
CHECK TOTAL $920.24
6710 11/8/2022 MAHENDRA GARG STIPEND-10/11/22 PC MTG-GARG 100410 52525 $65.00 CHECK TOTAL $65.00

5.2.b
Packet Pg. 24
City of Diamond Bar Check Register
CHECK # CHECK DATE VENDOR NAME OTP VENDOR NAME INVOICE DESCRIPTION ORG OBJECT AMOUNT 6711 11/8/2022 MANISHA SULAKHE T&T COMMISSION STIPEND - SEPT 2022 100610 52525 $45.00 CHECK TOTAL $45.00
6712 11/8/2022 MCE CORPORATION ADDL' LANDSCAPE MAINT (LLAD 39) FY 22-23
239639 52320 $4,841.25
11/8/2022 MCE CORPORATION LANDSCAPE MAINT LLAD'S 38, 39, 41 (OCT) FY 22-23
241641 55524 $4,922.61
11/8/2022 MCE CORPORATION LANDSCAPE MAINT LLAD'S 38, 39, 41 (OCT) FY 22-23
239639 55524 $12,173.54
11/8/2022 MCE CORPORATION LANDSCAPE MAINT LLAD'S 38, 39, 41 (OCT) FY 22-23
238638 55524 $14,806.30
CHECK TOTAL $36,743.70
6713 11/8/2022 MICHAEL BAKER INTERNATIONAL
INC
CANYON LOOP TRAIL 301630 56104 $966.50
11/8/2022 MICHAEL BAKER INTERNATIONAL
INC
CANYON LOOP TRAIL CONSULTANT 301630 56104 $6,918.50
CHECK TOTAL $7,885.00
6714 11/8/2022 MOBILE RELAY ASSOCIATES INC REPEATER SERVICES FOR EMERGENCY PREP IN NOV. 2022
100350 52300 $78.75
CHECK TOTAL $78.75
6715 11/8/2022 MOSS CONSULTING CDBG HOME IMPROVEMENT ADMINJULY AUG SEPT 2022225440 54900 $4,400.00 CHECK TOTAL $4,400.00
6716 11/8/2022 OC YOUTH SPORTS LLC CLASS INSTRUCTOR-SPORTBALL YOUTH SPORTS
100520 55320 $2,268.00
CHECK TOTAL $2,268.00
6717 11/8/2022 OCCUPATIONAL HEALTH

CENTERS OF CALIFORNIA
PRE-EMPLOYMENT PHYSICAL FEES 100220 52510 $297.00
CHECK TOTAL $297.00
6718 11/8/2022 ONE TIME PAY VENDOR ARIANA MENDOZA FACILITY REFUND 100 20202 $158.54 CHECK TOTAL $158.54
6719 11/8/2022 ONE TIME PAY VENDOR CANNING HUNGER BOND RELEASE - CANNING HUNGER -

ADDRESS PNTG
100 22109 $1,000.00
CHECK TOTAL $1,000.00
6720 11/8/2022 ONE TIME PAY VENDOR CARMEN HUSTAD SENIOR EXCURSION REFUND 100 20202 $80.00 CHECK TOTAL $80.00

5.2.b
Packet Pg. 25
City of Diamond Bar Check Register
CHECK # CHECK DATE VENDOR NAME OTP VENDOR NAME INVOICE DESCRIPTION ORG OBJECT AMOUNT 6721 11/8/2022 ONE TIME PAY VENDOR DR. SAMIR BATNIJI FACILITY REFUND 100 20202 $500.00 CHECK TOTAL $500.00
6722 11/8/2022 ONE TIME PAY VENDOR GLORIA COTA SENIOR EXCURSION REFUND 100 20202 $80.00 CHECK TOTAL $80.00
6723 11/8/2022 ONE TIME PAY VENDOR JEAN CHIN-HUEI SU SENIOR EXCURSION REFUND 100 20202 $90.00 CHECK TOTAL $90.00
6724 11/8/2022 ONE TIME PAY VENDOR MARGARITA MEZA FACILITY DEPOSIT REFUND 100 20202 $1,200.00 CHECK TOTAL $1,200.00
6725 11/8/2022 ONE TIME PAY VENDOR MARGARITA MEZA FACILITY ANIMAL DEPOSIT REFUND 100 20202 $1,000.00 CHECK TOTAL $1,000.00
6726 11/8/2022 ONE TIME PAY VENDOR MIRZA H. BAIG FACILITY DEPOSIT REFUND 100 20202 $1,150.00 CHECK TOTAL $1,150.00
6727 11/8/2022 ONE TIME PAY VENDOR PERLIN LAU FACILITY DEPOSIT REFUND 100 20202 $300.00 CHECK TOTAL $300.00
6728 11/8/2022 ONE TIME PAY VENDOR RISHWA PATEL FACILITY DEPOSIT REFUND 100 20202 $100.00 CHECK TOTAL $100.00
6729 11/8/2022 ONE TIME PAY VENDOR ROBERT HENDERSON BOND RELEASE - CARE FOR THE

CHILDREN -CURB PAINTG
100 22109 $1,000.00
CHECK TOTAL $1,000.00
6730 11/8/2022 ONE TIME PAY VENDOR SHIJIE HUANG RECREATION CLASS REFUND 100 20202 $105.00 CHECK TOTAL $105.00
6731 11/8/2022 ONE TIME PAY VENDOR SOCORRO MELENDEZ SENIOR EXCURSION REFUND 100 20202 $45.00 CHECK TOTAL $45.00
6732 11/8/2022 ONE TIME PAY VENDOR SUPER DIAMOND AGE FACILITY REFUND 100 20202 $56.49 CHECK TOTAL $56.49
6733 11/8/2022 ONE TIME PAY VENDOR TARA BUNIELLADOUCEUR SENIOR EXCURSION REFUND 100 20202 $45.00 CHECK TOTAL $45.00
6734 11/8/2022 ONE TIME PAY VENDOR TRICHIA TRAN RECREATION CLASS REFUND 100 20202 $84.00

5.2.b
Packet Pg. 26
City of Diamond Bar Check Register
CHECK # CHECK DATE VENDOR NAME OTP VENDOR NAME INVOICE DESCRIPTION ORG OBJECT AMOUNT CHECK TOTAL $84.00
6735 11/8/2022 ONE TIME PAY VENDOR XIXI LU SENIOR EXCURSION REFUND 100 20202 $40.00 CHECK TOTAL $40.00
6736 11/8/2022 ONE TIME PAY VENDOR YOLANDA RODRIGUEZ SENIOR CLASS REFUND 100 20202 $25.00 CHECK TOTAL $25.00
6737 11/8/2022 ONE TIME PAY VENDOR EHREN MAGANTE MISAC CONF REIMB-10/20-10/5 100230 52420 $430.00 CHECK TOTAL $430.00
6738 11/8/2022 ONE TIME PAY VENDOR THE ENERGUY INC PERMIT REFUND-BLDG & SFTY 100 48020 $2.09 11/8/2022 ONE TIME PAY VENDOR THE ENERGUY INC PERMIT REFUND-BLDG & SFTY 100 48020 $2.61 11/8/2022 ONE TIME PAY VENDOR THE ENERGUY INC PERMIT REFUND-BLDG & SFTY 100 48010 $52.23 CHECK TOTAL $56.93
6739 11/8/2022 ORBIT PARTY RENTALS INC EQUIPMENT RENTALS FOR HALLOWEEN PARTY
100520 55300 $9,618.34
CHECK TOTAL $9,618.34
6740 11/8/2022 PAPER RECYCLING &

SHREDDING
RECORDS DESTRUCTION DAY - 10/26 250170 55000 $335.00
CHECK TOTAL $335.00
6741 11/8/2022 PARKWOOD LANDSCAPE

MAINTENANCE INC

LANDSCAPE MAINT CITY PARKS (OCT)
FY 22-23
100510 55505 $5,865.00
11/8/2022 PARKWOOD LANDSCAPE

MAINTENANCE INC

LANDSCAPE MAINT CITY PARKS (OCT)
FY 22-23
100630 55505 $27,411.00
CHECK TOTAL $33,276.00
6742 11/8/2022 PROTECTION ONE INC BURGLAR ALARM (11.29.22 - 12.28.22) FY 22-23
100620 52320 $38.29
CHECK TOTAL $38.29
6743 11/8/2022 PROTECTION ONE INC BURGLAR ALARM SYC PK (11.28.22 -

02.27.23)FY 22-23
100630 52320 $203.39
CHECK TOTAL $203.39
6744 11/8/2022 PUBLIC STORAGE #23051 PARKS & RECREATION STORAGE OFFSITE UNITS100520 52302 $516.00 11/8/2022 PUBLIC STORAGE #23051 PARKS & RECREATION STORAGE OFFSITE UNITS100520 52302 $541.00 CHECK TOTAL $1,057.00

5.2.b
Packet Pg. 27
City of Diamond Bar Check Register
CHECK # CHECK DATE VENDOR NAME OTP VENDOR NAME INVOICE DESCRIPTION ORG OBJECT AMOUNT 6745 11/8/2022 RAPHAEL H PLUNKETT T&T COMMISSION STIPEND - SEPT 2022 100610 52525 $45.00 CHECK TOTAL $45.00
6746 11/8/2022 RAYMOND WALTER WOLFE STIPEND-10/11/22 PC MTG-WOLFE 100410 52525 $65.00 11/8/2022 RAYMOND WALTER WOLFE STIPEND-10/25/22 PC MTG-WOLFE 100410 52525 $65.00 CHECK TOTAL $130.00
6747 11/8/2022 RICHARD FISHER ASSOCIATES CANYON LOOP TRAIL (SPLIT PAYMENT WITH PO 200049)
301630 56104 $1,106.71
CHECK TOTAL $1,106.71
6748 11/8/2022 ROSS CREATIONS SOUND SERVICES FOR HALLOWEEN PARTY
100520 55300 $825.00
CHECK TOTAL $825.00
6749 11/8/2022 SAN GABRIEL CONSERVATION
CORP
ORGANIC KITCHEN PAIL GIVEAWAY 250170 54900 $1,890.00
CHECK TOTAL $1,890.00
6750 11/8/2022 SAN GABRIEL VALLEY CITY

MANAGER'S ASSOCIATION
LUNCH MEETING ON NOV. 16 100130 52410 $35.00
CHECK TOTAL $35.00
6751 11/8/2022 SIMPSON ADVERTISING INC DESIGN AND LAYOUT OF 2023 CITY

CALENDAR BOOKLET
100240 54900 $2,675.00
11/8/2022 SIMPSON ADVERTISING INC DESIGN AND LAYOUT OF OCTOBER 2022 NEWSLETTER
100240 54900 $2,275.00
CHECK TOTAL $4,950.00
6752 11/8/2022 STAY GREEN INC LANDSCAPE MAINT CITY HALL (OCT) FY 22-23
100620 52320 $1,116.00
CHECK TOTAL $1,116.00
6753 11/8/2022 STUMP FENCE CO FENCE REPAIR (DISTRICT 41) FY 22-23 241641 52320 $3,250.00 CHECK TOTAL $3,250.00
6754 11/8/2022 TALENTED ARTS CONTRACT CLASS -PERFORMING ARTS 100520 55320 $1,527.00 CHECK TOTAL $1,527.00
6755 11/8/2022 TAM SIU KI (ETHAN) INSTURCTOR PAYMENT - MARTIAL ARTS - FALL 22
100520 55320 $50.40
CHECK TOTAL $50.40
6756 11/8/2022 TASC FSA ADMINISTRATIVE FEES 100220 52515 $100.00

5.2.b
Packet Pg. 28
City of Diamond Bar Check Register
CHECK # CHECK DATE VENDOR NAME OTP VENDOR NAME INVOICE DESCRIPTION ORG OBJECT AMOUNT CHECK TOTAL $100.00
6757 11/8/2022 THE GAS COMPANY 2900 BREA CANYON RD (08.15.22 -

09.14.22) FY 22-23
100630 52215 $40.61
CHECK TOTAL $40.61
6758 11/8/2022 THE KNOT WORLDWIDE INC DBC ONLINE VENUE STOREFRONT 100510 52160 $2,880.00 CHECK TOTAL $2,880.00
6759 11/8/2022 THE RAPTOR SPORTS SCHOOL
INC
CLASS INSTRUCTOR-AQUATICS 100520 55320 $4,908.00
CHECK TOTAL $4,908.00
6760 11/8/2022 THE SAN GABRIEL VALLEY

NEWSPAPER GR
ORDINANCE SUMMARY PUBLISHING 100140 52160 $446.16
CHECK TOTAL $446.16
6761 11/8/2022 TISCARENO'S CATERING &
EVENTS
SENIOR DANCE CATERING 22-23 100520 55310 $1,631.55
CHECK TOTAL $1,631.55
6762 11/8/2022 TRIFYTT SPORTS LLC CONTRACT CLASS INSTRUCTOR-YOUTH SPORTS
100520 55320 $1,083.60
CHECK TOTAL $1,083.60
6763 11/8/2022 UNDERGROUND SERVICE ALERT

OF SO CA
US DIGALERT - CA STATE FEE - NOV.
2022
100615 54410 $40.45
11/8/2022 UNDERGROUND SERVICE ALERT

OF SO CA

US DIGALERT - MONTHLY SERVICE - OCT
2022
100615 54410 $116.75
CHECK TOTAL $157.20
6764 11/8/2022 US BANK CALCARD STATEMENT - OCT 2022 999 28100 $22,997.13 CHECK TOTAL $22,997.13
6765 11/8/2022 VERIZON WIRELESS WIRELESS PHONE SERVICE - 9/17/22- 10/16/22
100230 52200 $2,890.90
CHECK TOTAL $2,890.90
6766 11/8/2022 WANSEO CHUNG INSTRUCTOR PAYMENT - YOGA - FALL 22 100520 55320 $411.60 CHECK TOTAL $411.60
6767 11/8/2022 WAXIE SANITARY SUPPLY JANITORIAL SUPPLIES (DBC) FY 22-23 100510 51210 $233.04 11/8/2022 WAXIE SANITARY SUPPLY JANITORIAL SUPPLIES (DBC) FY 22-23 100510 51210 $166.78 CHECK TOTAL $399.82

5.2.b
Packet Pg. 29
City of Diamond Bar Check Register
CHECK # CHECK DATE VENDOR NAME OTP VENDOR NAME INVOICE DESCRIPTION ORG OBJECT AMOUNT 6768 11/8/2022 WEST COAST ARBORISTS INC CITYWIDE TREE MAINT (OCT) FY 22-23 100645 55522 $1,658.80 11/8/2022 WEST COAST ARBORISTS INC TREE MAIINT DIST 41 (OCT) FY 22-23 241641 55522 $552.20 11/8/2022 WEST COAST ARBORISTS INC TREE MAIINT DISTRICT 38 (OCT) FY 22-23 238638 55522 $330.50 CHECK TOTAL $2,541.50
6769 11/8/2022 WILLIAM AUSTIN RAWLINGS STIPEND-10/11/22 PC MTG-RAWLINGS 100410 52525 $65.00 CHECK TOTAL $65.00
6770 11/8/2022 WISCONSIN QUICK LUBE INC VEHICLE MAINTENANCE (LIC 1479593) FY 22-23
502655 52312 $95.13
CHECK TOTAL $95.13
6771 11/8/2022 WRIGHT CONSTURCTION

ENGINEERING CORP
CIP/DBC - SLOPE STABILIZATION PROJ. -
#1
301630 56104 $330,330.00
CHECK TOTAL $330,330.00
6772 11/8/2022 YUNEX LLC TS MAINT/DBB-GRAND DECO POLE

INSTALLATION
207650 55536 $26,995.00
11/8/2022 YUNEX LLC TS MAINTENANCE - SEPT 2022 207650 55536 $5,487.00 11/8/2022 YUNEX LLC TS MAINT/CALL-OUTS - SEPT 2022 207650 55536 $13,215.41 11/8/2022 YUNEX LLC CIP/BBS & CCTV REPLACEMENT

PROJECT
301610 56102 $43,975.00
CHECK TOTAL $89,672.41
GRAND TOTAL $2,158,188.54
6618 10/25/2022 US BANK PCARD STATEMENT – SEPT 2022 VOIDED & RESISSUED AS #5705 (See above):
$21,665.34
10/25/2022 US BANK DEBT SVCS PAYMENT – LEASE REV

REFUNDING BONDS

VOIDED & REISSUED AS
#5706 (See above):
$125,585.54

5.2.b
Packet Pg. 30
Agenda #: 5.3
Meeting Date: November 15, 2022
TO: Honorable Mayor and Members of the City Council
FROM: Daniel Fox, City Manager
TITLE: TREASURER'S STATEMENT

STRATEGIC
GOAL: Responsible Stewardship of Public Resources
RECOMMENDATION:

Approve the October 2022 Treasurer’s Statement.

FINANCIAL IMPACT:

None.

BACKGROUND/DISCUSSION:

Consistent with City policy, the Finance Department presents the monthly Treasurer’s Statement to the City Council for 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:

5.3 Packet Pg. 31
REVIEWED BY:

Attachments:

1. 5.3.a Treasurer's Cash Balance Report - Oct 2022

2. 5.3.b Treasurer's Certification and Investment Report - Oct 2022

5.3 Packet Pg. 32

TOTAL CASH BALANCES
Cash Funds
General Account $1,404,786.06
Payroll Account $0.00
Change Fund - General Fund $2,000.00
Change Fund - Prop A Fund $300.00
Petty Cash Account $500.00
Parking Account Minimum $250.00
Cash With Fiscal Agent (US Bank 2021 Bonds) $42.06
Total Cash Funds $1,407,878.12
Investment Funds (Book Value):

Local Agency Investment Fund $8,871,730.27
City Managed Fixed-Income Securities (0-5 year maturity) $54,999,785.67 Total Investment Funds (City Funds & LAIF) $63,871,515.94 Fiscal Year-To-Date Effective Rate of Return (City Funds & LAIF) 2.52% FY 2022-23 Budgeted Interest Earnings $843,800.00
Fiscal Year-To-Date Interest Earnings (City Funds & LAIF) $477,285.57 Invested Funds With OPEB Trust $512,459.45
Annualized rate of return as of 6/30/2022 (since 2016) 3.28% Fiscal Year-To-Date Effective Rate of Return -6.46%
OPEB Trust Fiscal Year-To-Date Interest Earnings ($35,392.87) Total Cash and Investments $65,791,853.51

CITY OF DIAMOND BAR - CITY TREASURER'S REPORT
AS OF OCTOBER 31, 2022

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INVESTMENTS BOOK VALUE

PERCENT OF

PORTFOLIO TERM

DAYS TO

MATURITY

YIELD TO

MATURITY
Federal Credit Union CD $5,712,000.00 8.94% 1,406 1,215 3.247 Local Agency Investment Fund $8,871,730.27 13.89% 1 1 1.513 Corporate Notes $995,210.41 1.56% 1,721 256 3.126
Federal Agency Coupon Securities $8,205,911.84 12.85% 941 819 3.227 Federal Agency Discount Amortizing $4,727,190.69 7.40% 94 49 3.259 Treasury Coupon Securities $22,369,359.98 35.02% 688 551 2.746 Federal Agency Callable $7,746,828.86 12.13% 1,544 538 1.986 Certificate of Deposit - Bank $4,693,283.89 7.35% 1,549 814 2.102 Municipal Bonds $550,000.00 0.86% 1,507 772 0.831
Total Investments and Averages $63,871,515.94 100.00% 835 546 2.569

TOTAL INTEREST EARNED
I certify that this report accurately reflects all City pooled investments Daniel Fox 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.
$138,413.11 $477,285.57

CITY OF DIAMOND BAR

INVESTMENT PORTFOLIO SUMMARY REPORT
October 31, 2022

MONTH ENDING FISCAL YEAR-TO-DATE
October 31, 2022 2022-23

5.3.b
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City of Diamond Bar
Portfolio Management
October 31, 2022
City of Diamond Bar
21810 Copley Drive
Diamond Bar, CA
(909)839-7053
Portfolio Summary
% of
Portfolio
Book
Value Investments
Market
Value
Par
Value
Days to
Term Maturity
YTM/C
Federal Credit Union CD 5,712,000.00 5,647,048.85 5,712,000.00 8.94 1,406 1,215 3.247 Local Agency Investment Funds 8,871,730.27 8,757,510.42 8,871,730.27 13.89 1 1 1.513 Corporate Notes 1,000,000.00 993,668.50 995,210.41 1.56 1,721 256 3.126 Federal Agency Coupon Securities 8,250,000.00 8,206,856.78 8,205,911.84 12.85 941 819 3.227 Federal Agency Disc. -Amortizing 4,750,000.00 4,727,190.69 4,727,190.69 7.40 94 49 3.259 Treasury Coupon Securities 22,500,000.00 22,214,425.27 22,369,359.98 35.02 688 551 2.746 Federal Agency Callable 7,750,000.00 7,386,023.00 7,746,828.86 12.13 1,544 538 1.986 Certificate of Deposit 4,694,000.00 4,552,439.14 4,693,283.89 7.35 1,549 814 2.102 Municipal Bonds 550,000.00 515,303.85 550,000.00 0.86 1,507 772 0.831 63,871,515.94 100.00%
Investments
64,077,730.27 63,000,466.50 835 546 2.569
Current Year
October 31
138,413.11
Fiscal Year To Date
477,285.57
Average Daily Balance
Effective Rate of Return
64,693,842.51 64,148,799.56

2.52% 2.21%
Total Earnings Month Ending
__________________________________________________ ____________________ Jason M. Jacobsen, Finance Director
Portfolio POOL
AP
Reporting period 10/01/2022-10/31/2022
Run Date: 11/09/2022 - 17:09 PM (PRF_PM1) 7.3.0
Report Ver. 7.3.6.1
11/09/2022

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Maturity

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Par Value Book Value
Maturity
Date
Stated
Market Value Rate
October 31, 2022
Portfolio Details - Investments
Average
Balance Issuer
Portfolio Management
City of Diamond Bar
YTM/C
CUSIP Investment # Term
Purchase
Date
Federal Credit Union CD
06251A3K4 10402 America's Credit Union 12/16/2021 248,000.00 227,139.23 248,000.00 1.350 1,826 1,506 1.350 12/16/2026 02589ACS9 10419 American Express Bank 05/18/2022 246,000.00 244,052.66 246,000.00 3.100 1,097 930 3.100 05/19/2025 03784JTK0 10443 Apple Bank For Savings 07/22/2022 248,000.00 248,000.00 248,000.00 3.200 731 629 3.200 07/22/2024 052392BT3 10495 AUSTIN TELCO FCU 09/21/2022 249,000.00 249,000.00 249,000.00 3.800 1,826 1,785 3.800 09/21/2027 07181JAG9 10444 Baxter Credit Union 07/22/2022 248,000.00 248,000.00 248,000.00 3.150 731 629 3.150 07/22/2024 14042THZ3 10453 Capital One Bank USA 07/27/2022 248,000.00 248,000.00 248,000.00 3.500 1,826 1,729 3.500 07/27/2027 16863LAE5 10502 CHIEF FINANCIAL FCU 10/12/2022 249,000.00 249,000.00 249,000.00 4.600 1,098 1,078 4.600 10/14/2025 20367GBD0 10440 Community Commerce Bank 07/27/2022 248,000.00 248,000.00 248,000.00 3.050 1,280 1,183 3.050 01/27/2026 20825WBC3 10474 Connexus CU 08/26/2022 248,000.00 248,000.00 248,000.00 3.500 1,096 1,029 3.500 08/26/2025 39573LAV0 10255 GREENSTATE CREDIT UNION 02/26/2021 248,000.00 224,875.74 248,000.00 0.650 1,826 1,213 0.650 02/26/2026 42228LAH4 10496 HEALTHCARE SYSTEMS FCU 09/21/2022 249,000.00 249,000.00 249,000.00 3.600 1,461 1,420 3.600 09/21/2026 856285E98 10410 State Bank of India 01/31/2022 248,000.00 230,670.75 248,000.00 1.750 1,827 1,553 1.750 02/01/2027 472207AE9 10491 JEANNE D'ARC CREDIT UNION 09/30/2022 249,000.00 249,000.00 249,000.00 3.800 1,826 1,794 3.800 09/30/2027 55026MAE5 10487 LUMINATE BANK 09/15/2022 249,000.00 249,000.00 249,000.00 3.400 1,826 1,779 3.400 09/15/2027 62384RAC0 10207 Mountain Amer Fed Cr Union 11/08/2017 248,000.00 248,323.39 248,000.00 2.300 1,826 7 2.300 11/08/2022 795451BQ5 10461 Sallie Mae Bank 07/06/2022 248,000.00 248,000.00 248,000.00 3.400 1,097 979 3.400 07/07/2025 89235MNT4 10442 Toyota Financial SGS Bank 07/22/2022 248,000.00 248,000.00 248,000.00 3.400 1,826 1,724 3.400 07/22/2027 914242AA0 10492 UNIVERSITY CREDIT UNION 09/26/2022 249,000.00 249,000.00 249,000.00 4.000 1,096 1,060 4.000 09/26/2025 90352RCM5 10424 US ALLIANCE FED CREDIT UNION 05/31/2022 249,000.00 246,987.08 249,000.00 3.100 1,095 941 3.100 05/30/2025 917352AA4 10454 Utah Community Fed Cr Union 07/27/2022 248,000.00 248,000.00 248,000.00 3.150 730 633 3.150 07/26/2024 06543PDA0 10494 BANK OF THE VALLEY NE 09/30/2022 249,000.00 249,000.00 249,000.00 4.100 1,826 1,794 4.100 09/30/2027 91823MBE4 10499 VCC BANK 10/14/2022 249,000.00 249,000.00 249,000.00 4.250 1,461 1,443 4.250 10/14/2026 92348DAA7 10500 VERIDIAN CU 10/24/2022 249,000.00 249,000.00 249,000.00 4.500 1,096 1,088 4.500 10/24/2025 Subtotal and Average 5,310,387.10 5,712,000.00 5,647,048.85 5,712,000.00 1,406 1,215 3.247 Local Agency Investment Funds
LAIF 10028 Local Agency Investment Fund 8,871,730.27 8,757,510.42 8,871,730.27 1.513 1 1 1.513 Subtotal and Average 10,060,869.01 8,871,730.27 8,757,510.42 8,871,730.27 1 1 1.513 Corporate Notes
89236TDK8 10223 Toyota MTR Credit Corp 02/28/2019 500,000.00 493,644.50 496,644.28 2.250 1,693 351 3.001 10/18/2023 931142DH3 10216 Walmart Inc. 06/27/2018 500,000.00 500,024.00 498,566.13 2.550 1,749 161 3.251 04/11/2023 Subtotal and Average 994,948.95 1,000,000.00 993,668.50 995,210.41 1,721 256 3.126 Federal Agency Coupon Securities
3133ENA83 10446 Federal Farm Credit Bank 07/18/2022 500,000.00 499,589.59 499,589.59 3.000 358 252 3.120 07/11/2023 3133ENZG8 10458 Federal Farm Credit Bank 07/11/2022 500,000.00 502,478.69 502,478.69 3.375 1,075 962 3.176 06/20/2025 3130ARHG9 10416 Federal Home Loan Bank 03/29/2022 2,000,000.00 1,974,200.00 1,994,364.62 2.125 701 484 2.344 02/28/2024 Portfolio POOL
AP
Run Date: 11/09/2022 - 17:09 PM (PRF_PM2) 7.3.0
Report Ver. 7.3.6.1

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Par Value Book Value
Maturity
Date
Stated
Market Value Rate
October 31, 2022
Portfolio Details - Investments
Average
Balance Issuer
Portfolio Management
City of Diamond Bar
YTM/C
CUSIP Investment # Term
Purchase
Date
Federal Agency Coupon Securities
3130ASGU7 10432 Federal Home Loan Bank 06/16/2022 1,000,000.00 1,020,268.00 999,158.44 3.500 1,821 1,683 3.520 06/11/2027 3130ASJ59 10447 Federal Home Loan Bank 07/18/2022 1,000,000.00 1,007,876.42 1,007,876.42 3.375 1,425 1,319 3.141 06/12/2026 3130ASDS5 10460 Federal Home Loan Bank 07/08/2022 1,000,000.00 994,408.38 994,408.38 2.750 721 605 3.099 06/28/2024 3130AMRY0 10479 Federal Home Loan Bank 09/21/2022 1,000,000.00 977,647.45 977,647.45 0.125 254 213 4.031 06/02/2023 3130AT6G7 10483 Federal Home Loan Bank 09/22/2022 750,000.00 741,982.78 741,982.78 3.500 722 682 4.100 09/13/2024 45818WED4 10498 INTER-AMERICAN DEV. BANK 09/13/2022 500,000.00 488,405.47 488,405.47 2.980 1,731 1,682 3.902 06/10/2027 Subtotal and Average 8,203,954.08 8,250,000.00 8,206,856.78 8,205,911.84 941 819 3.227 Federal Agency Disc. -Amortizing
313385Q74 10466 Federal Home Loan Bank 08/12/2022 1,500,000.00 1,497,420.00 1,497,420.00 2.580 105 24 2.636 11/25/2022 313385U38 10484 Federal Home Loan Bank 09/27/2022 1,000,000.00 995,052.78 995,052.78 3.425 87 52 3.502 12/23/2022 313384DS5 10485 Federal Home Loan Bank 09/27/2022 750,000.00 738,017.91 738,017.91 3.860 184 149 3.992 03/30/2023 313385Q74 10501 Federal Home Loan Bank 10/14/2022 1,500,000.00 1,496,700.00 1,496,700.00 3.300 42 24 3.359 11/25/2022 Subtotal and Average 4,675,054.54 4,750,000.00 4,727,190.69 4,727,190.69 94 49 3.259 Treasury Coupon Securities
91282CDQ1 10403 U.S. Treasury 01/04/2022 1,000,000.00 925,664.00 995,695.58 1.250 1,822 1,521 1.357 12/31/2026 91282CED9 10415 U.S. Treasury 03/22/2022 3,000,000.00 2,903,439.00 2,963,139.20 1.750 1,089 865 2.290 03/15/2025 912828WJ5 10417 U.S. Treasury 04/25/2022 2,000,000.00 1,983,672.00 1,993,463.72 2.500 751 561 2.720 05/15/2024 91282CAX9 10418 U.S. Treasury 04/25/2022 1,000,000.00 990,898.00 998,944.78 0.125 219 29 1.466 11/30/2022 912828Y87 10434 U.S. Treasury 06/08/2022 1,000,000.00 975,742.00 983,470.18 1.750 784 638 2.730 07/31/2024 9128286Z8 10435 U.S. Treasury 06/14/2022 1,000,000.00 976,875.00 976,511.25 1.750 747 607 3.222 06/30/2024 91282CEW7 10436 U.S. Treasury 07/14/2022 1,000,000.00 1,010,126.76 1,010,126.76 3.250 1,812 1,702 3.014 06/30/2027 9128285J5 10445 U.S. Treasury 07/18/2022 1,000,000.00 996,438.51 996,438.51 3.000 1,201 1,095 3.125 10/31/2025 912828P38 10452 U.S. Treasury 07/25/2022 4,000,000.00 3,988,888.42 3,988,888.42 1.750 190 91 2.889 01/31/2023 9128285C0 10456 U.S. Treasury 07/11/2022 1,000,000.00 995,621.28 995,621.28 3.000 1,177 1,064 3.158 09/30/2025 91282CEU1 10459 U.S. Treasury 07/08/2022 1,000,000.00 995,610.22 995,610.22 2.875 1,073 957 3.051 06/15/2025 912828M80 10462 U.S. Treasury 08/09/2022 1,500,000.00 1,499,218.06 1,499,218.06 2.000 113 29 2.653 11/30/2022 9128284A5 10463 U.S. Treasury 08/09/2022 2,000,000.00 1,997,618.53 1,997,618.53 2.625 203 119 2.992 02/28/2023 912828N30 10471 U.S. Treasury 08/17/2022 500,000.00 499,521.32 499,521.32 2.125 136 60 2.711 12/31/2022 912828UN8 10476 U.S. Treasury 08/18/2022 500,000.00 498,673.17 498,673.17 2.000 181 106 2.934 02/15/2023 912828T26 10482 U.S. Treasury 09/21/2022 1,000,000.00 976,419.00 976,419.00 1.375 374 333 4.039 09/30/2023 Subtotal and Average 22,362,992.78 22,500,000.00 22,214,425.27 22,369,359.98 688 551 2.746 Federal Agency Callable
3133EMSH6 10258 Federal Farm Credit Bank 03/03/2021 500,000.00 463,515.50 500,000.00 0.790 1,826 1,218 0.790 03/03/2026 3133EMVS8 10259 Federal Farm Credit Bank 04/14/2021 500,000.00 468,659.00 500,000.00 0.690 1,461 164 0.690 04/14/2025 3133ENKG4 10397 Federal Farm Credit Bank 01/11/2022 1,000,000.00 933,642.00 1,000,000.00 1.470 1,826 436 1.470 01/11/2027 Portfolio POOL
AP
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Par Value Book Value
Maturity
Date
Stated
Market Value Rate
October 31, 2022
Portfolio Details - Investments
Average
Balance Issuer
Portfolio Management
City of Diamond Bar
YTM/C
CUSIP Investment # Term
Purchase
Date
Federal Agency Callable
3133ENMA5 10405 Federal Farm Credit Bank 01/26/2022 1,500,000.00 1,417,582.50 1,500,000.00 1.840 1,826 1,547 1.840 01/26/2027 3133ENH52 10475 Federal Farm Credit Bank 08/23/2022 500,000.00 500,000.00 500,000.00 4.030 1,826 114 4.030 08/23/2027 3130AL7M0 10254 Federal Home Loan Bank 02/24/2021 500,000.00 460,993.50 499,502.92 0.625 1,826 23 0.701 02/24/2026 3130AQKJ1 10406 Federal Home Loan Bank 01/28/2022 1,500,000.00 1,398,064.50 1,500,000.00 1.700 1,826 88 1.700 01/28/2027 3130ARYU9 10428 Federal Home Loan Bank 05/23/2022 1,000,000.00 994,442.00 1,000,000.00 3.000 641 479 3.000 02/23/2024 3134GXYM0 10433 Federal Home Loan Mtg Corp 06/28/2022 750,000.00 749,124.00 747,325.94 3.125 731 57 3.349 06/28/2024 Subtotal and Average 7,746,760.16 7,750,000.00 7,386,023.00 7,746,828.86 1,544 538 1.986 Certificate of Deposit
066519QK8 10256 BANK UNITED NA 03/05/2021 248,000.00 224,768.35 248,000.00 0.650 1,826 1,220 0.000 03/05/2026 14042RRH6 10429 Capital One Bank 05/18/2022 248,000.00 246,036.83 248,000.00 3.100 1,097 930 3.100 05/19/2025 17312QJ67 10213 CIT Bank 04/24/2018 248,000.00 248,903.96 248,000.00 3.000 1,826 174 3.002 04/24/2023 254673F68 10431 Discover Bank 06/01/2022 246,000.00 244,005.19 246,000.00 3.100 1,097 944 3.100 06/02/2025 246399AB5 10451 Deleware Police Fed Credit Uni 07/20/2022 246,000.00 245,283.89 245,283.89 3.000 618 514 3.210 03/29/2024 29278TKJ8 10230 EnerBank USA 08/07/2019 247,000.00 241,213.04 247,000.00 2.150 1,827 645 2.152 08/07/2024 33646CLX0 10248 First Source Bank 03/11/2020 242,000.00 241,036.36 242,000.00 1.400 1,036 71 1.401 01/11/2023 38149MZJ5 10260 Goldman Sachs Bank 09/08/2021 248,000.00 225,703.81 248,000.00 1.050 1,826 1,407 1.051 09/08/2026 45581EAS0 10212 Indust & Comm Bank China 03/29/2018 248,000.00 248,875.94 248,000.00 2.900 1,826 148 2.902 03/29/2023 48128UDS5 10250 JP Morgan Chase 05/28/2020 248,000.00 231,727.23 248,000.00 1.000 1,826 574 1.001 05/28/2025 59001PAS8 10457 Meritrust Fed CU 07/08/2022 248,000.00 248,000.00 248,000.00 3.350 1,096 980 3.350 07/08/2025 61747MH95 10209 Morgan Stanley Bank 02/01/2018 246,000.00 246,614.75 246,000.00 2.650 1,826 92 2.651 02/01/2023 61760AZR3 10226 Morgan Stanley Bank 05/02/2019 246,000.00 243,893.01 246,000.00 2.750 1,827 548 2.753 05/02/2024 70962LBH4 10414 Pentagon Federal Credit Union 03/22/2022 248,000.00 234,447.30 248,000.00 1.800 1,462 1,238 1.800 03/23/2026 70320KAX9 10257 Pathfinder Bank 03/11/2021 249,000.00 225,981.94 249,000.00 0.700 1,826 1,226 0.000 03/11/2026 75472RAE1 10233 Raymond James Bank NA 08/23/2019 247,000.00 240,310.01 247,000.00 2.000 1,827 661 2.002 08/23/2024 87165GR79 10430 Synchrony Bank 05/20/2022 248,000.00 246,033.11 248,000.00 3.100 1,096 931 3.100 05/20/2025 88413QDM7 10455 Third Fed Savings & Loan 07/27/2022 245,000.00 245,000.00 245,000.00 3.400 1,826 1,729 3.402 07/27/2027 90348JS92 10261 UBS Bank USA 09/09/2021 248,000.00 224,604.42 248,000.00 0.950 1,826 1,408 0.000 09/09/2026 Subtotal and Average 4,788,875.90 4,694,000.00 4,552,439.14 4,693,283.89 1,549 814 2.102 Municipal Bonds
13032UXL7 10252 CALIF STATE HLTH FACS AUTH 11/04/2020 200,000.00 189,923.60 200,000.00 0.752 1,305 578 0.752 06/01/2024 13032UXM5 10253 CALIF STATE HLTH FACS AUTH 11/04/2020 250,000.00 231,621.25 250,000.00 0.952 1,670 943 0.952 06/01/2025 13077DMK5 10251 California St Univ Rev-Bond 09/17/2020 100,000.00 93,759.00 100,000.00 0.685 1,506 731 0.685 11/01/2024 Subtotal and Average 550,000.00 550,000.00 515,303.85 550,000.00 1,507 772 0.831 Portfolio POOL
AP
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Par Value Book Value
Maturity
Date
Stated
Market Value Rate
October 31, 2022
Portfolio Details - Investments
Average
Balance Issuer
Portfolio Management
City of Diamond Bar
YTM/C
CUSIP Investment # Term
Purchase
Date
Wells Fargo Sweep Account
SWEEP 10036 Wells Fargo 07/01/2012 0.00 0.00 0.00 0.010 1 1 0.010 Subtotal and Average 0.00 0.00 0.00 0.00 0 0 0.000
Total and Average 64,693,842.51 64,077,730.27 63,000,466.50 63,871,515.94 835 546 2.569 Portfolio POOL
AP
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Maturity

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Par Value Book Value
Stated
Market Value Rate
October 31, 2022
Portfolio Details - Cash
Average
Balance Issuer
Portfolio Management
City of Diamond Bar
YTM/C
CUSIP Investment # Term
Purchase
Date

0.00 64,693,842.51 64,077,730.27 835 546 2.569
Average Balance 0 0
Total Cash and Investments 63,000,466.50 63,871,515.94
Portfolio POOL
AP
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Par Value Book Value
Maturity
Date
Accrued
Market Value Interest
October 31, 2022
Portfolio Details with Earnings - Investments
Average
Balance Issuer
Portfolio Management
City of Diamond Bar
CUSIP Investment #
Purchase
Date
Days To
Maturity
Unrealized
Gain/Loss
Current
Rate YTM
Federal Credit Union CD
06251A3K4 10402 ACUDPT 12/16/2021 248,000.00 227,139.23 248,000.00 1.350 1506 1.350 1,265.82 -20,860.77 12/16/2026 02589ACS9 10419 AMEX 05/18/2022 246,000.00 244,052.66 246,000.00 3.100 930 3.100 3,489.16 -1,947.34 05/19/2025 03784JTK0 10443 APPLBK 07/22/2022 248,000.00 248,000.00 248,000.00 3.200 629 3.200 2,217.73 0.00 07/22/2024 052392BT3 10495 AUSTIN 09/21/2022 249,000.00 249,000.00 249,000.00 3.800 1785 3.800 777.70 0.00 09/21/2027 07181JAG9 10444 BAXTCU 07/22/2022 248,000.00 248,000.00 248,000.00 3.150 629 3.150 192.62 0.00 07/22/2024 14042THZ3 10453 CAPONE 07/27/2022 248,000.00 248,000.00 248,000.00 3.500 1729 3.500 2,306.74 0.00 07/27/2027 16863LAE5 10502 CHIEF 10/12/2022 249,000.00 249,000.00 249,000.00 4.600 1078 4.600 596.24 0.00 10/14/2025 20367GBD0 10440 COMCMM 07/27/2022 248,000.00 248,000.00 248,000.00 3.050 1183 3.050 82.89 0.00 01/27/2026 20825WBC3 10474 CONNEX 08/26/2022 248,000.00 248,000.00 248,000.00 3.500 1029 3.500 0.00 0.00 08/26/2025 39573LAV0 10255 GRNSTC 02/26/2021 248,000.00 224,875.74 248,000.00 0.650 1213 0.650 132.49 -23,124.26 02/26/2026 42228LAH4 10496 HEALTH 09/21/2022 249,000.00 249,000.00 249,000.00 3.600 1420 3.600 245.59 0.00 09/21/2026 856285E98 10410 INDIA 01/31/2022 248,000.00 230,670.75 248,000.00 1.750 1553 1.750 1,105.81 -17,329.25 02/01/2027 472207AE9 10491 JEDARC 09/30/2022 249,000.00 249,000.00 249,000.00 3.800 1794 3.800 25.92 0.00 09/30/2027 55026MAE5 10487 LUMINA 09/15/2022 249,000.00 249,000.00 249,000.00 3.400 1779 3.400 1,066.95 0.00 09/15/2027 62384RAC0 10207 MTNAME 11/08/2017 248,000.00 248,323.39 248,000.00 2.300 7 2.300 359.43 323.39 11/08/2022 795451BQ5 10461 SALLIE 07/06/2022 248,000.00 248,000.00 248,000.00 3.400 979 3.400 2,725.96 0.00 07/07/2025 89235MNT4 10442 TOYFBN 07/22/2022 248,000.00 248,000.00 248,000.00 3.400 1724 3.400 2,356.34 0.00 07/22/2027 914242AA0 10492 UNIVCU 09/26/2022 249,000.00 249,000.00 249,000.00 4.000 1060 4.000 955.07 0.00 09/26/2025 90352RCM5 10424 USAFCU 05/31/2022 249,000.00 246,987.08 249,000.00 3.100 941 3.100 634.44 -2,012.92 05/30/2025 917352AA4 10454 UTACOM 07/27/2022 248,000.00 248,000.00 248,000.00 3.150 633 3.150 85.61 0.00 07/26/2024 06543PDA0 10494 VALLEY 09/30/2022 249,000.00 249,000.00 249,000.00 4.100 1794 4.100 27.97 0.00 09/30/2027 91823MBE4 10499 VCC BK 10/14/2022 249,000.00 249,000.00 249,000.00 4.250 1443 4.250 492.88 0.00 10/14/2026 92348DAA7 10500 VERIDI 10/24/2022 249,000.00 249,000.00 249,000.00 4.500 1088 4.500 214.89 0.00 10/24/2025 Subtotal and Average 5,310,387.10 5,712,000.00 5,647,048.85 5,712,000.00 3.247 1215 3.247 21,358.25 -64,951.15 Local Agency Investment Funds
LAIF 10028 LAIF 8,871,730.27 8,757,510.42 8,871,730.27 1.513 1 1.513 12,928.35 -114,219.85 Subtotal and Average 10,060,869.01 8,871,730.27 8,757,510.42 8,871,730.27 1.513 1 1.513 12,928.35 -114,219.85 Corporate Notes
89236TDK8 10223 TOYOTA 02/28/2019 500,000.00 493,644.50 496,644.28 2.250 351 3.000 406.25 -2,999.78 10/18/2023 931142DH3 10216 WMTINC 06/27/2018 500,000.00 500,024.00 498,566.13 2.550 161 3.251 708.33 1,457.87 04/11/2023 Subtotal and Average 994,948.95 1,000,000.00 993,668.50 995,210.41 2.400 256 3.126 1,114.58 -1,541.91 Federal Agency Coupon Securities
3133ENA83 10446 FFCB 07/18/2022 500,000.00 499,589.59 499,589.59 3.000 252 3.120 4,291.66 0.00 07/11/2023 3133ENZG8 10458 FFCB 07/11/2022 500,000.00 502,478.69 502,478.69 3.375 962 3.176 5,156.25 0.00 06/20/2025 3130ARHG9 10416 FHLB 03/29/2022 2,000,000.00 1,974,200.00 1,994,364.62 2.125 484 2.344 7,437.50 -20,164.62 02/28/2024 3130ASGU7 10432 FHLB 06/16/2022 1,000,000.00 1,020,268.00 999,158.44 3.500 1683 3.520 13,125.00 21,109.56 06/11/2027 Portfolio POOL
AP
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Par Value Book Value
Maturity
Date
Accrued
Market Value Interest
October 31, 2022
Portfolio Details with Earnings - Investments
Average
Balance Issuer
Portfolio Management
City of Diamond Bar
CUSIP Investment #
Purchase
Date
Days To
Maturity
Unrealized
Gain/Loss
Current
Rate YTM
Federal Agency Coupon Securities
3130ASJ59 10447 FHLB 07/18/2022 1,000,000.00 1,007,876.42 1,007,876.42 3.375 1319 3.141 9,656.25 0.00 06/12/2026 3130ASDS5 10460 FHLB 07/08/2022 1,000,000.00 994,408.38 994,408.38 2.750 605 3.098 8,631.94 0.00 06/28/2024 3130AMRY0 10479 FHLB 09/21/2022 1,000,000.00 977,647.45 977,647.45 0.125 213 4.030 138.89 0.00 06/02/2023 3130AT6G7 10483 FHLB 09/22/2022 750,000.00 741,982.78 741,982.78 3.500 682 4.100 2,843.75 0.00 09/13/2024 45818WED4 10498 IADB 09/13/2022 500,000.00 488,405.47 488,405.47 2.980 1682 3.902 1,986.66 0.00 06/10/2027 Subtotal and Average 8,203,954.08 8,250,000.00 8,206,856.78 8,205,911.84 2.588 819 3.227 53,267.90 944.94 Federal Agency Disc. -Amortizing
313385Q74 10466 FHLB 08/12/2022 1,500,000.00 1,497,420.00 1,497,420.00 2.580 24 2.635 0.00 0.00 11/25/2022 313385U38 10484 FHLB 09/27/2022 1,000,000.00 995,052.78 995,052.78 3.425 52 3.501 0.00 0.00 12/23/2022 313384DS5 10485 FHLB 09/27/2022 750,000.00 738,017.91 738,017.91 3.860 149 3.991 0.00 0.00 03/30/2023 313385Q74 10501 FHLB 10/14/2022 1,500,000.00 1,496,700.00 1,496,700.00 3.300 24 3.358 0.00 0.00 11/25/2022 Subtotal and Average 4,675,054.54 4,750,000.00 4,727,190.69 4,727,190.69 3.186 49 3.259 0.00 0.00 Treasury Coupon Securities
91282CDQ1 10403 USTR 01/04/2022 1,000,000.00 925,664.00 995,695.58 1.250 1521 1.357 4,211.96 -70,031.58 12/31/2026 91282CED9 10415 USTR 03/22/2022 3,000,000.00 2,903,439.00 2,963,139.20 1.750 865 2.289 6,816.30 -59,700.20 03/15/2025 912828WJ5 10417 USTR 04/25/2022 2,000,000.00 1,983,672.00 1,993,463.72 2.500 561 2.719 23,097.83 -9,791.72 05/15/2024 91282CAX9 10418 USTR 04/25/2022 1,000,000.00 990,898.00 998,944.78 0.125 29 1.466 525.96 -8,046.78 11/30/2022 912828Y87 10434 USTR 06/08/2022 1,000,000.00 975,742.00 983,470.18 1.750 638 2.730 4,422.55 -7,728.18 07/31/2024 9128286Z8 10435 USTR 06/14/2022 1,000,000.00 976,875.00 976,511.25 1.750 607 3.222 5,896.74 363.75 06/30/2024 91282CEW7 10436 USTR 07/14/2022 1,000,000.00 1,010,126.76 1,010,126.76 3.250 1702 3.014 9,714.68 0.00 06/30/2027 9128285J5 10445 USTR 07/18/2022 1,000,000.00 996,438.51 996,438.51 3.000 1095 3.125 82.87 0.00 10/31/2025 912828P38 10452 USTR 07/25/2022 4,000,000.00 3,988,888.42 3,988,888.42 1.750 91 2.888 17,690.22 0.00 01/31/2023 9128285C0 10456 USTR 07/11/2022 1,000,000.00 995,621.28 995,621.28 3.000 1064 3.158 2,637.36 0.00 09/30/2025 91282CEU1 10459 USTR 07/08/2022 1,000,000.00 995,610.22 995,610.22 2.875 957 3.051 9,112.03 0.00 06/15/2025 912828M80 10462 USTR 08/09/2022 1,500,000.00 1,499,218.06 1,499,218.06 2.000 29 2.653 6,885.25 0.00 11/30/2022 9128284A5 10463 USTR 08/09/2022 2,000,000.00 1,997,618.53 1,997,618.53 2.625 119 2.991 8,991.71 0.00 02/28/2023 912828N30 10471 USTR 08/17/2022 500,000.00 499,521.32 499,521.32 2.125 60 2.710 2,194.29 0.00 12/31/2022 912828UN8 10476 USTR 08/18/2022 500,000.00 498,673.17 498,673.17 2.000 106 2.934 2,038.05 0.00 02/15/2023 912828T26 10482 USTR 09/21/2022 1,000,000.00 976,419.00 976,419.00 1.375 333 4.039 1,208.79 0.00 09/30/2023 Subtotal and Average 22,362,992.78 22,500,000.00 22,214,425.27 22,369,359.98 2.044 551 2.746 105,526.59 -154,934.71 Federal Agency Callable
3133EMSH6 10258 FFCB 03/03/2021 500,000.00 463,515.50 500,000.00 0.790 1218 0.790 636.39 -36,484.50 03/03/2026 3133EMVS8 10259 FFCB 04/14/2021 500,000.00 468,659.00 500,000.00 0.690 164 0.690 162.92 -31,341.00 04/14/2025 3133ENKG4 10397 FFCB 01/11/2022 1,000,000.00 933,642.00 1,000,000.00 1.470 436 1.470 4,491.67 -66,358.00 01/11/2027 3133ENMA5 10405 FFCB 01/26/2022 1,500,000.00 1,417,582.50 1,500,000.00 1.840 1547 1.840 7,283.33 -82,417.50 01/26/2027 3133ENH52 10475 FFCB 08/23/2022 500,000.00 500,000.00 500,000.00 4.030 114 4.030 3,806.11 0.00 08/23/2027 Portfolio POOL
AP
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Par Value Book Value
Maturity
Date
Accrued
Market Value Interest
October 31, 2022
Portfolio Details with Earnings - Investments
Average
Balance Issuer
Portfolio Management
City of Diamond Bar
CUSIP Investment #
Purchase
Date
Days To
Maturity
Unrealized
Gain/Loss
Current
Rate YTM
Federal Agency Callable
3130AL7M0 10254 FHLB 02/24/2021 500,000.00 460,993.50 499,502.92 0.625 23 0.700 581.60 -38,509.42 02/24/2026 3130AQKJ1 10406 FHLB 01/28/2022 1,500,000.00 1,398,064.50 1,500,000.00 1.700 88 1.700 6,587.50 -101,935.50 01/28/2027 3130ARYU9 10428 FHLB 05/23/2022 1,000,000.00 994,442.00 1,000,000.00 3.000 479 3.000 5,830.83 -5,558.00 02/23/2024 3134GXYM0 10433 FHLMC 06/28/2022 750,000.00 749,124.00 747,325.94 3.125 57 3.349 8,007.81 1,798.06 06/28/2024 Subtotal and Average 7,746,760.16 7,750,000.00 7,386,023.00 7,746,828.86 1.960 538 1.986 37,388.16 -360,805.86 Certificate of Deposit
066519QK8 10256 BKUNTD 03/05/2021 248,000.00 224,768.35 248,000.00 0.650 1220 0.000 247.32 -23,231.65 03/05/2026 14042RRH6 10429 CAPIBK 05/18/2022 248,000.00 246,036.83 248,000.00 3.100 930 3.100 3,517.52 -1,963.17 05/19/2025 17312QJ67 10213 CITBK 04/24/2018 248,000.00 248,903.96 248,000.00 3.000 174 3.001 163.07 903.96 04/24/2023 254673F68 10431 DISCOV 06/01/2022 246,000.00 244,005.19 246,000.00 3.100 944 3.100 3,196.65 -1,994.81 06/02/2025 246399AB5 10451 DSPFCU 07/20/2022 246,000.00 245,283.89 245,283.89 3.000 514 3.210 667.23 0.00 03/29/2024 29278TKJ8 10230 ENERBK 08/07/2019 247,000.00 241,213.04 247,000.00 2.150 645 2.152 1,251.24 -5,786.96 08/07/2024 33646CLX0 10248 FSOURC 03/11/2020 242,000.00 241,036.36 242,000.00 1.400 71 1.400 473.39 -963.64 01/11/2023 38149MZJ5 10260 GOLD 09/08/2021 248,000.00 225,703.81 248,000.00 1.050 1407 1.050 385.25 -22,296.19 09/08/2026 45581EAS0 10212 ICBC 03/29/2018 248,000.00 248,875.94 248,000.00 2.900 148 2.901 59.11 875.94 03/29/2023 48128UDS5 10250 JPMC 05/28/2020 248,000.00 231,727.23 248,000.00 1.000 574 1.000 434.85 -16,272.77 05/28/2025 59001PAS8 10457 MERITR 07/08/2022 248,000.00 248,000.00 248,000.00 3.350 980 3.350 705.61 0.00 07/08/2025 61747MH95 10209 MORGAN 02/01/2018 246,000.00 246,614.75 246,000.00 2.650 92 2.651 1,643.15 614.75 02/01/2023 61760AZR3 10226 MORGAN 05/02/2019 246,000.00 243,893.01 246,000.00 2.750 548 2.753 3,391.77 -2,106.99 05/02/2024 70962LBH4 10414 PENTAG 03/22/2022 248,000.00 234,447.30 248,000.00 1.800 1238 1.800 122.30 -13,552.70 03/23/2026 70320KAX9 10257 PTHFDR 03/11/2021 249,000.00 225,981.94 249,000.00 0.700 1226 0.000 95.51 -23,018.06 03/11/2026 75472RAE1 10233 RJBANK 08/23/2019 247,000.00 240,310.01 247,000.00 2.000 661 2.002 947.40 -6,689.99 08/23/2024 87165GR79 10430 SYNCH 05/20/2022 248,000.00 246,033.11 248,000.00 3.100 931 3.100 3,475.39 -1,966.89 05/20/2025 88413QDM7 10455 THFDSL 07/27/2022 245,000.00 245,000.00 245,000.00 3.400 1729 3.402 2,213.72 0.00 07/27/2027 90348JS92 10261 UBSBK 09/09/2021 248,000.00 224,604.42 248,000.00 0.950 1408 0.000 142.01 -23,395.58 09/09/2026 Subtotal and Average 4,788,875.90 4,694,000.00 4,552,439.14 4,693,283.89 2.212 814 2.102 23,132.49 -140,844.75 Municipal Bonds
13032UXL7 10252 CAHLTH 11/04/2020 200,000.00 189,923.60 200,000.00 0.752 578 0.752 626.67 -10,076.40 06/01/2024 13032UXM5 10253 CAHLTH 11/04/2020 250,000.00 231,621.25 250,000.00 0.952 943 0.952 991.67 -18,378.75 06/01/2025 13077DMK5 10251 CALSTU 09/17/2020 100,000.00 93,759.00 100,000.00 0.685 731 0.684 342.50 -6,241.00 11/01/2024 Subtotal and Average 550,000.00 550,000.00 515,303.85 550,000.00 0.831 772 0.831 1,960.84 -34,696.15 Wells Fargo Sweep Account
SWEEP 10036 WF 07/01/2012 0.00 0.00 0.00 0.010 1 0.010 0.00 0.00 Subtotal and Average 0.00 0.00 0.00 0.00 0.000 0 0.000 0.00 0.00 Portfolio POOL
AP
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Par Value Book Value
Accrued
Market Value Interest
October 31, 2022
Portfolio Details with Earnings - Investments
Average
Balance Issuer
Portfolio Management
City of Diamond Bar
CUSIP Investment #
Purchase
Date
Days To
Maturity
Unrealized
Gain/Loss
Current
Rate YTM
Total and Average 64,693,842.51 64,077,730.27 63,000,466.50 63,871,515.94 2.229 546 2.569 256,677.16 -871,049.44 Portfolio POOL
AP
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Par Value Book Value
Accrued
Market Value Interest
October 31, 2022
Portfolio Details with Earnings - Cash
Average
Balance Issuer
Portfolio Management
City of Diamond Bar
CUSIP Investment #
Purchase
Date
Days To
Maturity
Unrealized
Gain/Loss
Current
Rate YTM
64,077,730.27 63,000,466.50 63,871,515.94 2.229 546 2.569 256,677.16 -871,049.44

0.00 64,693,842.51
Average Balance
Total Cash and Investments
Portfolio POOL
AP
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October 2021 through October 2022
Activity Summary
Month
Portfolio Management
End Year
Number of
Securities
Total
Invested
360
Equivalent
365
Equivalent
Managed
Pool
Rate
Average
Term
Average
Days to Maturity
City of Diamond Bar
Number
of Investments
Purchased
Number
of Investments
Redeemed
Yield to Maturity
October 2021 46 49,374,667.95 0.621 0.629 0.230 0 0 414 125 November 2021 45 49,225,575.34 0.614 0.622 0.230 0 0 411 119 December 2021 45 51,477,482.73 0.585 0.593 0.230 1 0 389 116 January 2022 48 56,246,085.04 0.662 0.671 0.230 5 0 513 157 February 2022 48 57,478,742.11 0.686 0.696 0.230 2 0 506 170 March 2022 48 57,430,553.33 0.861 0.873 0.230 3 0 585 257 April 2022 49 59,203,934.30 1.059 1.074 0.523 2 0 573 310 May 2022 51 59,961,006.62 1.187 1.204 0.684 5 0 572 310 June 2022 53 61,917,778.75 1.392 1.411 0.861 5 2 606 344 July 2022 70 63,687,029.25 1.887 1.913 1.090 19 1 768 502 August 2022 78 59,676,386.12 2.288 2.320 1.276 9 3 823 543 September 2022 88 64,797,795.87 2.432 2.466 1.276 13 3 817 547 October 2022 89 63,871,515.94 2.538 2.573 1.513 4 2 835 546 Average 58 58,026,811.80 1.293% 1.311% 0.662 5 1 601 311 Portfolio POOL
AP
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5.3.b
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Agenda #: 5.4
Meeting Date: November 15, 2022
TO: Honorable Mayor and Members of the City Council
FROM: Daniel Fox, City Manager
TITLE: CONTINUED USE OF TELECONFERENCING IN ACCORDANCE WITH ASSEMBLY BILL 361 FOR MEETINGS OF THE DIAMOND BAR CITY

COUNCIL AND OTHER CITY COMMISSIONS AND COMMITTEES
SUBJECT TO STATE OPEN MEETING LAWS.

STRATEGIC
GOAL: Open, Engaged & Responsive Government
RECOMMENDATION:

FINANCIAL IMPACT:

No financial impact.

BACKGROUND/ANALYSIS:

Due to the continued impact of the COVID-19 pandemic, the California Legislature passed AB 361, which authorizes a local agency to use teleconferencing without complying with certain teleconferencing requirements imposed by the Brown Act when:
(1) the legislative body of a local agency holds a meeting during a declared state of emergency; (2) when state or local health officials have imposed or recommended measures to promote social distancing; and/or (3) when a local agency has determined that meeting in person would present imminent risks to the health or safety of attendees.

The City Council first utilized the provisions of AB 361 on November 16, 2021. In order to continue to have the ability to use the modified teleconferencing options, AB 361 requires that the City Council re-affirm its findings every 30 days. Conditions under which AB 361 may be utilized continue to exist as described in the attached Resolution (Attachment 1).

5.4 Packet Pg. 47
The City Council is currently going beyond what the Brown Act requires by holding meetings in person and by way of teleconference and allowing the public to participate in both forums. The provisions of AB 361 allowing the modified teleconferencing will expire January 1, 2024.

LEGAL REVIEW:

The City Attorney has reviewed and approved the Resolution as to form.

PREPARED BY:

REVIEWED BY:

Attachments:

1. 5.4.a Resolution No. 2022-55 AB361 Cont

5.4 Packet Pg. 48
RESOLUTION NO. 2022-55

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND

BAR, CALIFORNIA, MAKING SPECIFIED FINDINGS RELATING TO THE

USE OF TELECONFERENCING IN ACCORDANCE WITH ASSEMBLY
BILL 361 FOR MEETINGS OF THE DIAMOND BAR CITY COUNCIL AND

OTHER CITY COMMISSIONS AND COMMITTEES SUBJECT TO STATE
OPEN MEETING LAWS.

WHEREAS, on March 4, 2020, California Governor Newsom declared a State of Emergency in response to the COVID-19 pandemic; and
WHEREAS, on March 12, 2020, to address the impacts of COVID-19, Governor Newsom issued Executive Orders that required, among other things, residents of California to follow orders and guidance of local public health officials, including social distancing and masking requirements; and
WHEREAS, existing California law, the Ralph M. Brown Act (“Brown Act”) requires, with specified exceptions, that all meetings of a legislative body of a local agency, as those terms are defined, be open and public, that a physical location for such meetings be provided, and that the public be permitted to provide public comment during the meetings; and
WHEREAS, the Brown Act permits members of legislative bodies to teleconference into public meetings subject to certain conditions, including that the place from which the member teleconferences be open to the public, that an agenda be posted on the site, and that the teleconference location be noticed in the agenda; and WHEREAS, in recognition that such public gatherings at such meetings could accelerate the spread of COVID-19, Governor Newsom’s Executive Orders suspended, among others, these Brown Act teleconferencing requirements to provide local agencies with greater flexibility to hold meetings via teleconferencing safely; and WHEREAS, pursuant to the Emergency Services Act (Government Code sections 8550 et seq.), and Chapter 8.00 of Title 8 of the Diamond Bar Municipal Code, the City Council of the City of Diamond Bar has proclaimed the continued existence of a local emergency resulting from the COVID-19 pandemic; and
WHEREAS, as of September 30, 2021, the Governor’s Executive Order suspending the Brown Act’s teleconferencing requirements expired; and WHEREAS, on September 16, 2021, Governor Newsom signed Assembly Bill 361, which authorizes a local agency to continue to use teleconferencing without complying with certain teleconferencing requirements imposed by the Brown Act when: (1) the legislative body of a local agency holds a meeting during a declared state of emergency; (2) when state or local health officials have imposed or recommended measures to

5.4.a
Packet Pg. 49
Resolution No. 2022-55
2 promote social distancing; and/or (3) when a local agency has determined that meeting in person would present imminent risks to the health or safety of attendees; and WHEREAS, both Los Angeles County and state health officials continue to recommend social distancing due community spread of COVID-19; and WHEREAS, The Diamond Bar City Council first utilized the provisions authorized by AB 361 on November 16, 2021 and subsequently adopted Resolution Nos. 2021-54, 2021-55, 2022-01, 2022-06, 2022-12, 2022-14, 2022-19, 2022-23, 2022-28, 2022-34, 2022-42, 2022-45, 2022-47, 2022-48 and 2022-54 re-affirming its continued use; and WHEREAS, the Diamond Bar City Council must approve a Resolution reaffirming that the requirements set forth in Assembly Bill 361 exist every 30 days in order to allow members of its legislative bodies to utilize the provisions of Assembly Bill 361 when attending public meetings via teleconferencing; and
WHEREAS, notwithstanding that the City’s legislative bodies, as defined by the Brown Act, are now holding modified public meetings in person, there may be situations in which a member of one of these legislative bodies decides not to attend in person due to a particular health or safety risk posed by such attendance and as such, it is the City Council’s desire to permit members of its legislative bodies to attend by way of teleconference pursuant to Assembly Bill 361 due to health and safety concerns associated with COVID-19.

NOW, THEREFORE, IT IS HEREBY RESOLVED by the City Council of the City of Diamond Bar as follows:

1. That the above recitals are true and correct. and based thereon, that the spread and potential further spread of COVID-19 continues to pose an imminent risk to the public health and safety.

2. That a state of emergency due to the COVID-19 pandemic continues to exist and at the time that this Resolution was adopted both Los Angeles County and State health officials are recommending social distancing to slow the spread of COVID-19.

3. That meeting in person may pose an imminent risk to the health and safety of some attendees, including members of the City’s legislative bodies, who due to age, health conditions, or vaccination status, have a higher risk of contracting COVID-19 and are more likely to get severely ill and in some cases, die from COVID-19.

4. That during the effective period of this Resolution and any reaffirmation thereof, members of the legislative bodies of the City of Diamond Bar may participate in meetings subject to the Brown Act by way of teleconference in accordance with Assembly Bill 361.

5.4.a
Packet Pg. 50
Resolution No. 2022-55
3 5. That meetings shall be held in accordance with AB 361 by, among other things, providing notice to the public how it can access the meeting and provide public comment, providing an opportunity for the public to attend via a call-in or an internet-based service option, conducting the meeting in a manner which protects the statutory and constitutional rights of the public, and stopping the meeting until public access is restored in the event of a service disruption.

IT IS FURTHER RESOLVED that this Resolution is effective for 30 days from its adoption date and must be affirmed/acknowledged every 30 days by the City Council of the City of Diamond Bar in order for the provisions of Assembly Bill 361 to continue to apply to teleconferencing by members of the legislative bodies of the City of Diamond Bar.

PASSED, APPROVED AND ADOPTED this 15th day of November, 2022.

CITY OF DIAMOND BAR
___________________________
Ruth M. Low, Mayor
ATTEST:

I, Kristina Santana, City Clerk for the City of Diamond Bar, hereby certify that the foregoing resolution was duly passed, approved and adopted by the City Council of the City of Diamond Bar at a Regular meeting held on the 15
th day of November, 2022, by the
following vote:

AYES: COUNCIL MEMBERS:

NOES: COUNCIL MEMBERS:

ABSENT: COUNCIL MEMBERS:

ABSTAIN: COUNCIL MEMBERS:

___________________________
Kristina Santana, City Clerk

5.4.a
Packet Pg. 51
Agenda #: 5.5
Meeting Date: November 15, 2022
TO: Honorable Mayor and Members of the City Council
FROM: Daniel Fox, City Manager
TITLE: AMENDMENT TO THE CITY OF DIAMOND BAR FRINGE BENEFITS FOR FY 2022-2023.

STRATEGIC
GOAL: Open, Engaged & Responsive Government
RECOMMENDATION:

Adopt Resolution No. 2022-56 Amending City of Diamond Bar Fringe Benefits for FY 2022-23.

FINANCIAL IMPACT:

The cost to implement the $100 per month benefit allotment increase is approximately $45,675 for the remainder of FY 2022/23. These costs can be paid for with existing budgeted resources for FY 2022/23 due to salary savings from vacant positions.

BACKGROUND:

Through the City Council’s adopted Strategic Plan, the prioritization of high-performing staff was identified as one of the key objectives. In order to carry out the Council’s vision of that objective, an “Employer of Choice” (EOC) initiative was developed by City staff.

The EOC initiative is a broad framework of policies, programs and approaches that will make the City of Diamond Bar a desirable employer to work for in the public sector. One such foundational philosophy of the EOC initiative is to attract and retain top employee talent. In order for the City to be a competitive in the job market, it must evaluate its compensation and benefits package from time to time.

Each year, the City Council adopts the Compensation and Benefits Plan for the fiscal year which includes employee positions, salary ranges and benefits during the annual budget adoption process. This process typically takes place in June of every year.

During this fiscal year’s budget review process, there were questions raised whether or not the City provided monthly benefit allotment was sufficient given recent increases to healthcare premiums. At that time, City staff could not respond to what the 2023

5.5 Packet Pg. 52
healthcare rates would be since the City’s benefits open enrollment process takes place between September – October of each year. It is during the benefits open enrollment period that the healthcare premium rates for medical, dental and vision insurance are made available to benefit participants for the following calendar starting January 1st.

Although rates are effective January 1st of every year, participants pre-pay one month ahead for their healthcare benefits starting in December.

ANALYSIS:

The healthcare premiums are made up of three insurances: medical, dental and vision.

Benefit plan participants can choose from a variety of healthcare maintenance organizations (HMO) or preferred provider organizations (PPO) for both medical and dental insurance for themselves and eligible dependents. For vision insurance, there is only one option which has a broad provider network for plan participants. Over the years, dental and vision insurance rate increases have been very minimal. In fact, dental and vision premiums have not gone up over the last five years. However, monthly premiums for medical insurances have seen an approximate 47% increase in the past nine years which is consistent with national trends.

Since 2014, the medical premiums have risen on average approximately $456 per month across all plan designs (both HMO’s and PPO’s) and coverage levels when compared to the 2023 rates. The City’s benefit allotment increased from $1,120 in July 2014 to $1,470 in July 2022 for non-exempt employees and $1,150 to $1,500 respectively for exempt and City Council Members. This represents a $350 per month increase during that time period. This analysis reveals an approximate difference of $106 per month between the given benefit allotment and healthcare premiums.

There are two reasons why the City has fallen behind the average increase. The first reason can simply be attributed to timing. The City operates its annual budget on a fiscal year period commencing July 1st and ending on June 30th of the following year. The City staff typically makes recommendations to the City Council to change the benefit allotment amount in June of every year. By contrast, healthcare rates coincide with a calendar year and rate increases go into effect the following January of each year. City staff typically receive the new rates in early fall for the open enrollment season which takes place between mid-September to mid-October each year, after the budget has been adopted by the City Council. The second reason for the gap is that the City did not recommend any increases to the monthly benefit allotment amount during the FY 2020/21 budget adoption process due to the economic uncertainty of the COVID-19 pandemic.

It is recommended that City Council approve a $100 per month increase to the monthly benefit allotment for all benefitted classifications of employment, including executive management positions, and members of the City Council to keep up with corresponding health premium rate increases. A $100 monthly benefit allotment increase would result in full-time non-exempt staff receiving $1,570 and full-time exempt staff and City Council Members receiving $1,600 to be used towards health benefits. City staff is recommending the effective date of the benefit allotment increase be December 1, 2022 since the City pre-pays one month ahead for healthcare insurance premiums.

5.5 Packet Pg. 53
LEGAL REVIEW:

The City Attorney has reviewed and approved the Resolution as to form.

PREPARED BY:

REVIEWED BY:

Attachments:

1. 5.5.a Resolution No. 2022-56

2. 5.5.b “Exhibit A” Benefits Plan effective December 1, 2022

5.5 Packet Pg. 54
Resolution No. 2022-56

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND

BAR AMENDING CITY OF DIAMOND BAR FRINGE BENEFITS FOR FY 2022-2023
WHEREAS, the City Council of the City of Diamond Bar adopted and amended the City of Diamond Bar Compensation and Fringe Benefits Plan (hereafter, the “Plan”) by adoption of Resolution No. 2022-32, which became effective July 2, 2022; and WHEREAS, the City Council of the City of Diamond Bar has approved and adopted the annual budget for Fiscal Year 2022-2023; and
WHEREAS, the City Council of the City of Diamond Bar desires to include an increase of $100 per month to the benefit allotment for all benefited classifications of employment including all executive positions (Department Heads, Assistant City Manager and City Manager) and City Council Members that may be used to purchase health coverage or placed into retirement plans.

NOW, THEREFORE BE IT RESOLVED, the City Council of the City of Diamond Bar, does hereby adopt resolve as follows:

Section 1. The Compensation and Benefits Plan adopted by Resolution 2022- 32 is hereby amended to replaced Schedule G in its entirety with the Benefits Plan attached hereto as Exhibit A, which shall be effective as of December 1, 2022.

PASSED, APPROVED AND ADOPTED this 15th day of November 2022.

CITY OF DIAMOND BAR
___________________________
Ruth M. Low, Mayor
ATTEST:

I, KRISTINA SANTANA, City Clerk of the City of Diamond Bar, do hereby certify that the foregoing Resolution was passed, approved and adopted at a regular meeting of the City Council of the City of Diamond Bar held on the 15th day of November 2022, by the following vote:

AYES: COUNCIL MEMBERS:

NOES: COUNCIL MEMBERS:

ABSENT: COUNCIL MEMBERS:

ABSTAIN: COUNCIL MEMBERS:
__________________________
Kristina Santana, City Clerk
Attachment: “Exhibit A” Benefits Plan effective December 1, 2022

5.5.a
Packet Pg. 55
Schedule G
Effective 12/1/2022
Approved by City Council 11/15/2022
1 CITY OF DIAMOND BAR
FY 2022-2023

BENEFITS
Benefits Paid By Eligibility Details
Benefit Allotment City Paid Designated Officials,
Regular Full-Time
and Regular PartTime employees
upon hire.

A monthly allotment of $1,570 (pro-rated for regular part-time employees) which can be applied to selected benefit options. a) Members of the City Council, Executive Management and employees defined as full-time exempt receive $1,600 per month.
b) Premiums for selected benefits options are paid from the monthly benefit allotment. The total of all premiums for selected benefits that exceed the monthly health benefit allotment are paid at the employees’ expense as a biweekly pre-taxed payroll deduction. c) Employees who are not encumbering their entire benefit allotment will have those funds applied to a Section 457 deferred compensation plan offered through ICMA-RC.

Health Benefit
Allotment
Designated officials,
Regular Full-Time
and Regular PartTime employees
upon hire or during
the annual open
enrollment period.

Health coverage offered through the California Public
Employees’ Retirement System (CalPERS). Employees may
select from available HMO and PPO plan options. Premiums vary depending on the health plan selected. If health
coverage is selected, the premium is deducted from the
monthly benefit allotment.

Dental City Paid*/
Benefit
Allotment
Designated Officials,
Regular Full-Time
and Regular PartTime employees
upon hire or during
the annual open
enrollment period.

Two dental plans are available (Delta Care Prepaid or Delta Dental DPO) to Designated Officials, Regular Full-Time and Regular Part-Time employees and their eligible dependents. *The City pays for employee coverage. If dependent
coverage is selected, the additional premium is deducted from the monthly benefit allotment.

Delta Care
Delta Care is a pre-paid dental plan, which offers affordable HMO coverage. This option provides orthodontics coverage.

Delta Dental
Delta Dental is Delta’s Preferred Option (DPO) plan, which allows visits to any dentist of choice. The program provides the maximum benefit when using a DPO dentist. DPO
dentists are Delta dentists who have agreed to charge DPO patients reduced fees.

Vision City Paid*/
Benefit
Allotment
Designated Officials,
Regular Full-Time
and Regular PartTime employees
upon hire or during
the annual open
enrollment period.
*The City pays for employee coverage. If dependent
coverage is selected, the premium is deducted from the
monthly benefit allotment.

Vision Services Plan (VSP) network provides exams,
prescription glasses, contact lenses, and a second pair of glasses each year. Co-pays apply.

Life/ ADD
Insurance
City Paid Designated Officials,
Regular Full-Time
and Regular PartTime employees
upon hire.

Life Insurance and Accidental Death & Dismemberment
(ADD) Insurance provided to all Designated Officials
($50,000 benefit); Executive Management ($200,000);
Exempt Mgt. ($150,000); and Regular Full-Time and Regular Part- Time employees ($75,000 benefit).

EXHIBIT "A"

5.5.b
Packet Pg. 56
Schedule G
Effective 12/1/2022
Approved by City Council 11/15/2022
2 Supplemental
Life Insurance
Employee
Paid
through the
Benefit
Allotment
Designated Officials,
Regular Full-Time
and Regular PartTime employees
upon hire. This is an
optional benefit.

If Supplemental Life Insurance is selected, the premium is deducted from the monthly benefit allotment. Supplemental insurance is purchased in increments of $10,000 up to
$300,000. A spouse is eligible up to half the amount selected by the employee in increments of $10,000. The cost for each $10,000 of coverage is based on age.

State Disability
Insurance (SDI)
Employee
Paid
through
mandatory
payroll
deduction
Regular Full-Time,
Regular Part-Time,
Part-Time/seasonal,
and intermittent
employees upon hire.

This benefit provides affordable, worker-funded benefits to eligible workers suffering a full or partial loss of wages due to disabilities which are not work related for up to 12 months.

Disability also includes elective surgery and disabilities related to pregnancy or childbirth.

Short-term &
Long-term
Disability
(STD/LTD)
City Paid Regular Full-Time
and Regular PartTime employees
upon hire.

This benefit provides income replacement in the event of a covered disability at 60% of salary up to a maximum of $1500 per week.

Retirement City/
Employee
Designated Officials,
Regular Full-Time
and Regular PartTime employees
upon hire.

A comprehensive retirement through the Public Employees’ Retirement System (CalPERS). Regular Full-Time and
Regular Part-Time employees of the City are automatically enrolled as a member of CalPERS and thus DO NOT
participate in Social Security. To become vested in CalPERS an employee must be a member for a minimum of five (5)
years.

Current employees and employees hired after January 1,
2013 who are existing CalPERS members or a member of an agency with reciprocity with the City of Diamond Bar will be enrolled in the 2% @ 55 retirement benefit formula.

Employees hired after January 1, 2013 who have never been a CalPERS member, or is a member of a retirement system (CalPERS) reciprocal but has a break in service longer than six months will be enrolled in the 2% @ 62 retirement benefit formula. Employees in this formula will contribute half of the normal benefit cost for this retirement benefit.

Retirement
Benefit for
Designated
Officials
Ineligible for
CalPERS
City Paid
(Contribution
into City
sponsored
457
Deferred
Comp. Plan
in amount
equal to
current
CalPERS
Emp. rate.)
Designated Officials
that are retired from
CalPERS at time of
election into office
OR retire from
CalPERS during term
in office.

City contribution to the Designated Official’s City sponsored 457 Deferred Compensation plan (ICMA-RC). The monthly
contribution will be equal to the City’s current CalPERS rate of contribution for Employee only. (Such Designated Officials would not be eligible for CalPERS retirement benefits as CalPERS law prohibits re-enrollment after retirement.)
RetirementDeferred
Compensation
Employee
mandatory
payroll
deduction.

Part-Time/Seasonal
and Intermittent
employees upon hire.

A minimum employee contribution rate of 7.5% pre-tax of wages to a City sponsored 457 Deferred Compensation plan (ICMA-RC).
1959 Survivor
Benefit
City/
Employee,
through
Benefit
Allotment
Designated Officials,
Regular Full-Time
and Regular PartTime employees
upon hire.

This benefit, provided through CalPERS Retirement, is paid along with other death benefits, whether or not the employee was eligible to retire at the time of their death. The monthly benefit amount formula depends on the number of eligible survivors.

5.5.b
Packet Pg. 57
Schedule G
Effective 12/1/2022
Approved by City Council 11/15/2022
3 Employee
Assistance
Program (EAP)
City Paid Designated Officials,
Regular Full-Time
and Regular PartTime employees
upon hire.

Face-to-face assessment, treatment, and follow-up to help resolve a broad range of personal, work, and family
problems. Employees and eligible family members can
receive up to 5-sessions per incident with professional counselors for early intervention and treatment.

Section 125
Cafeteria Plans/
Reimbursement
Accounts
Employee
Paid
Designated Officials,
Regular Full-Time
and Regular PartTime employees
upon hire. This is an
optional benefit.

At the beginning of the plan year, each participating
employee selects an amount up to the maximum set by the City for each plan. The amount selected is calculated into a bi-weekly, pre-taxed payroll deduction.

Healthcare Flexible Spending Account- Also known as a
Healthcare Reimbursement Account, the employee may
designate pre-tax dollars, up to a maximum of $2,500 per calendar year for out-of-pocket healthcare expenses not covered by their medical, dental, or vision insurance plans.

Dependent Care Flexible Spending Account- Also known as a Day Care or Childcare Reimbursement Account, the
designated pre-tax dollars, up to a maximum of $5,000 per household- per calendar year, must be related to expenses which are for dependent care that enables the employee to remain gainfully employed.

COBRA Employee
Paid
Designated Officials,
Regular Full-Time
and Regular PartTime employees,
enrolled in qualifying
health, dental, vision,
and EAP plans.

The Consolidated Omnibus Budget Reconciliation Act of
1985 (COBRA) provides for the continuation of health care coverage to certain employees who terminated employment and beneficiaries of employees who die, become disabled or are divorced. Employees become eligible for continued
coverage upon termination of service, whether voluntary or not (other than termination for gross misconduct), retirement or reduction in hours worked. For these employees and their dependents, continued coverage is available for the time period set forth by law, at their expense.

Medicare City/
Employee,
through
mandatory
payroll
deduction
Designated Officials,
Regular Full-Time
and all Part-Time
employees upon hire.

Pursuant to Revenue Billing 86-68 of the Internal Revenue Code, all employees hired after March 31, 1987 has 1.45 percent of their base salary deducted from their paycheck to be paid to Medicare. The City matches the 1.45 percent as mandated by law.

Deferred
Compensation
Employee
Paid
Designated Officials,
Regular Full-Time,
Regular Part-Time
and Temporary PartTime employees
upon hire.

A Section 457 deferred compensation plan is made available through the International City Management Association
(ICMA-RC) Retirement Corporation. Employees not
encumbering their entire health benefit allotment will have those excess funds deferred into this plan. Employees may also elect to have additional contributions at their expense as a pre-taxed payroll deduction. Total deferral contributions

5.5.b
Packet Pg. 58
Schedule G
Effective 12/1/2022
Approved by City Council 11/15/2022
4 are not to exceed limits under Section 457 of the Internal Revenue Code.

Temporary Part-Time employees are required to contribute

7.5% of their pre-tax salary to a deferred compensation account in lieu of participating in Social Security.

Automobile
Allowance
City Paid Designated Officials,
Executive Mgt. and
Exempt Mgt. upon
hire.

A monthly car allowance of $120 for Exempt Management,
$250 for Executive Management and $300 for City Council Members in lieu of mileage reimbursement.

Tuition
Reimbursement
City Paid Regular Full-Time
and Regular PartTime employees
upon hire.

Full-time and regular part-time (on a pro-rated basis)
employees are eligible to receive reimbursement in the
amount of $1500 per fiscal year, for college-level or
university-level educational courses.

Personal
Computer Loan
Program
Employee
Paid
Regular Full-Time
and Regular PartTime employees
upon hire.

Interest-free loans between $250 and $2,500 for the purpose of financing a personal computer, a printer, and/or Citycompatible software are available to eligible employees so they can learn and gain experience by working with a
personal computer away from the office and outside of
regular business hours. An employee may purchase a more expensive system, but he/she must pay the balance over
$2,500. The loan covers 90% of the total price of the
equipment/software being purchased. The employee pays
the remaining 10% of the purchase price at the time of
purchase. Loans are made on a first-come, first-served basis based on available funds. Once the money for the employee loans has been obligated, the fund will be replenished
through payroll deductions from outstanding loans. New
loans will then be made as funds become available. Loans will be for a maximum term of 24 months and will be repaid through payroll deductions on a biweekly basis.

Technology
Stipend
City Paid Executive Mgt.,
Exempt Mgt., and
full-time staff based
on emergency
response
responsibilities.

Executive and Exempt Management are eligible to receive a monthly stipend of $100 as a reimbursement for the purchase and maintenance of personal cell phones, tablets, laptops, printers, and/or phone/internet service in order to conduct City business and to respond in emergency situations.

Designated key full-time staff that are required to respond in emergency situations will be eligible for a $50 stipend on a monthly basis.

5.5.b
Packet Pg. 59
Agenda #: 5.6
Meeting Date: November 15, 2022
TO: Honorable Mayor and Members of the City Council
FROM: Daniel Fox, City Manager
TITLE: GENERAL FUND BUDGET ADJUSTMENT FOR RECREATION
CONTRACT SERVICES.

STRATEGIC
GOAL: Responsible Stewardship of Public Resources
RECOMMENDATION:

FINANCIAL IMPACT:

Total Fiscal Year 2022-23 recreation contract class expenses are expected to increase from the Adopted Budget amount of $177,000 to $292,000; therefore, an increase to the budgeted appropriation for Recreation Contract Classes (100520-55320) in the amount of $115,000 is necessary. Funding for this appropriation is received through a portion of contract class participant fees. Total Fiscal Year 2022-23 recreation contract class revenues are expected to increase from the Adopted Budget amount of $277,500 to $450,000; therefore, an increase to budgeted revenues for Recreation Contract Classes (100-48340) in the amount of $172,500 is necessary. If approved, these budget adjustments are expected to increase the General Fund’s fund balance by $57,500.

BACKGROUND/DISCUSSION:

The City Council approved the contract class budget as part of the regular budget process. Since the beginning of the Fiscal Year 2022-23, City staff has seen an increase in participation for fee-based contract classes across the board with a marked increase in tennis instruction and outdoor class enrollment. This increase is attributed to a strong return from the pandemic decline, high quality instructors, and families exhibiting a willingness to rejoin public programs. As of October 31, 2022 over 65% of the Fiscal Year 2022-23 revenue goal for contract classes had been achieved, with

5.6 Packet Pg. 60
eight months left in the fiscal year.

PREPARED BY:

REVIEWED BY:

5.6 Packet Pg. 61
Agenda #: 5.7
Meeting Date: November 15, 2022
TO: Honorable Mayor and Members of the City Council
FROM: Daniel Fox, City Manager
TITLE: AWARD OF CONSTRUCTION AGREEMENT TO YUNEX LLC FOR

THE LED ILLUMINATED STREET NAME SIGN AND HIGHWAY
SAFETY LIGHT REPLACEMENT PROJECT (CIP # TM23201).

STRATEGIC
GOAL: Safe, Sustainable & Healthy Community
RECOMMENDATION:

FINANCIAL IMPACT:

The City Council allocated $840,000 in Measure M and Gas Tax Funds for this Project (CIP No. TM23201) as part of the FY 2022/23 CIP Budget. Due to the recent increases in procurement and installation costs, the negotiated cost of the Project is $967,795, which is $127,795 over the approved project budget in FY 2022/23 CIP. An appropriation of $176,200 from the Measure M Fund is therefore requested to cover the full cost of the contract and a 5% contingency.

The contract as proposed will cost $967,795 and the proposed contingency amount of $48,390 will only be used in the event of unforeseen circumstances that will warrant a contract change order.

5.7 Packet Pg. 62
LED Illuminated Street Name Sign
and Highway Safety Light
Replacement CIP # TM23201
Budget Encumbrance/
Expenses
Balance
Approved: Measure M $390,000 $390,000
Approved: Gas Tax $450,000 $840,000
New Request: Measure M $176,200 $1,016,200
Contract Amount ($967,795) $48,405
Contingency (5% of Contract
Amount)
($48,390) $15
Balance $15
BACKGROUND:

The Public Works Department maintains the existing Internally Illuminated Street Name Signs (IISNS) and Traffic Signal Safety Lights (TSSL) found at all of the signalized intersections citywide. However, after more than fifteen years of daily use, and also the limited availability of fluorescent bulbs, much of this infrastructure has reached the end of its useful life and needs replacement.

This Project as proposed in the City Fiscal Year 2022/23 CIP will replace all of the existing IISNSs and regular TSSLs, with hardware featuring light-emitting diode (LED) lighting technology. The bell-shaped decorative TSSLs that were replaced as part of the streetscape beautification projects in the past few years are not included in the Project as those TSSLs feature either an older LED technology or in more recent installations use the current LED technology.

Diamond Bar Municipal Code Section 10.08.010 authorizes the City Council to determine and designate the character of all official warning, regulatory, and direction signs other than those signs for which specifications are established by the Vehicle Code. That authority includes modifying the appearance of street name signs.

Furthermore, the City is committed to enhancing the overall streetscape design elements, like visual and directional cues, in alignment with the strategic goals outlined in the Community Character and Placemaking Chapter of the Diamond Bar General Plan 2040.

DISCUSSION:

There are sixty-six (66) interconnected signalized intersections that are maintained and operated by the City of Diamond Bar. There are two hundred twenty-nine (229) IISNSs that will be procured and installed as part of this Project. Each IISNS housing assembly features front-and-back street name sign panels, which means that there are four hundred fifty-eight (458) panels to be manufactured and installed with the new design

5.7 Packet Pg. 63
and sign hardware. There are three hundred seven (307) existing TSSLs that will be replaced/upgraded as part of this Project.

Additionally, there are two (2) existing signalized intersections that do not feature any sign hardware: Sprouts/CVS driveway on Diamond Bar Boulevard and the Plaza at Diamond Creek on Golden Springs Drive.

State law (CVC § 21366) requires the City to install street name signs at all signalcontrolled intersections. Therefore, as part of this Project, the following new illuminated street name signs will be installed as follows:

Traffic Signal at the Sprouts/CVS driveway on Diamond Bar Boulevard:
• NB/SB Signs: “Diamond Bar Blvd”
• EB/WB Signs: “Town Center”
Traffic Signal at the Plaza at Diamond Creek on Golden Springs Drive:
• NB/SB Signs: “Diamond Creek”
• EB/WB Sign: “Golden Springs Dr”
The proposed new IISNSs will have an updated design to reflect the City’s current streetscape theme and palette, including the replacement of the City seal with the windmill logo, a white Highway Gothic typeface, over a standard green background.

Attachment 3 shows several samples of the illuminated street name sign panel design.

On September 1, 2022, the Public Works Department released a Request for Proposals (RFP) for the Project through the City’s online bidding platform (PlanetBids). On October 6, 2022, five (5) bid proposals were received. One bid was determined to be non-responsive to the City’s specifications per the RFP, and the four responsive bids are as follows:

Firm Price
Yunex LLC $967,795 Recommended
Crosstown Electrical & Data, Inc. $1,249,973
PTM General Engineering Services, Inc. $1,523,023
California Professional Engineering, Inc. $1,919,060
Staff evaluated all of the proposals and determined Yunex LLC (“Yunex Traffic”) to be the lowest responsible bidder, with a negotiated cost of $967,795 for all bid items. A short form of the bid submitted by Yunex Traffic is provided in Attachment 2. A copy of the full proposal can be obtained from the Public Works Department.

Yunex Traffic holds a valid State of California contractor’s license and has recently performed similar work in nearby communities, like the City of Chino, City of Norco, City of Huntington Beach, City of Santa Ana, and several other municipalities throughout Southern California. Furthermore, Yunex Traffic (formerly SIEMENS) continues to serve as the City of Diamond Bar’s on-call traffic signal maintenance contractor for more than twenty years.

5.7 Packet Pg. 64
A tentative Schedule of the Project is set as follows:
• Award of Contract November 15, 2022
• Notice to Proceed November 2022
• Construction Start January 2023
• Notice of Completion June 2023
Yunex will phase the work at each intersection to minimize any traffic impacts.

CEQA Determination
The proposed project is Categorically Exempt (Class 2) from the California Environmental Quality Act pursuant to section 15302 of the CEQA Guidelines. Class 2 exemptions include replacement or reconstruction of existing structures and facilities where the new structure will be located on the same site and have substantially the same purpose and capacity. The project will replace existing illuminated street name signs and traffic safety lights at existing signalized intersections throughout the city and therefore qualifies for a Class 2 exemption.

LEGAL REVIEW:

The City Attorney has reviewed and approved the Agreement as to form.

PREPARED BY:

REVIEWED BY:

Attachments:

5.7 Packet Pg. 65

1. 5.7.a Construction Agreement with Yunex LLC

2. 5.7.b Yunex LLC's Bid Proposal - Short Form

3. 5.7.c Street Name Sign Design Samples

5.7 Packet Pg. 66
1 of 10

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 Yunex LLC hereinafter referred to as the "CONTRACTOR" and the City of Diamond Bar, California, hereinafter referred to as "CITY."
WHEREAS, pursuant to Notice Inviting Sealed Bids, bids were received, publicly opened, and declared on the date specified in the notice; and WHEREAS, City did accept the bid of CONTRACTOR Yunex LLC and; WHEREAS, City has authorized the Mayor to execute a written contract with CONTRACTOR for furnishing labor, equipment and material for the LED ILLUMINATED STREET NAME SIGN AND HIGHWAY SAFETY LIGHT REPLACEMENT 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 LED

ILLUMINATED STREET NAME SIGN AND HIGHWAY SAFETY LIGHT
REPLACEMENT in the City of Diamond Bar. The work to be performed in accordance with the plans and specifications, dated September 1, 2022 (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 November 1, 2022, together with this written AGREEMENT, shall constitute the contract between the parties. This contract is intended to require a complete and finished piece of work and anything necessary to complete the work properly and in accordance with the law and lawful governmental regulations shall be performed by the CONTRACTOR whether set out specifically in the contract or not. Should it be ascertained that any inconsistency exists between the aforesaid documents and this AGREEMENT, the following order of precedence shall apply: (1) This AGREEMENT; (2) The Plans and Specifications; and (3) Contractor's Bid.

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 in the amount of NINE

HUNDRED SIXTY SEVEN THOUSAND, SEVEN HUNDRED NINETY-FIVE DOLLARS AND ZERO CENTS ($967,795.00) shall cover all expenses, losses, damages, and consequences arising out of the nature of the work during its progress or prior to its

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acceptance including those for well and faithfully completing the work and the whole thereof in the manner and time specified in the aforesaid contract documents; and also including those arising from actions of the elements, unforeseen difficulties or obstructions encountered in the prosecution of the work, suspension or discontinuance of the work, and all other unknowns or risks of any description connected with the work.

4. TERM OF CONTRACT: The CONTRACTOR agrees to complete the work within TWO HUNDRED FIFTEEN (215) calendar days from the date of the notice to proceed.

The CONTRACTOR agrees further to the assessment of liquidated damages in the amount of one thousand ($1,000.00) dollars for each calendar day the work remains incomplete beyond the expiration of the completion date. City may deduct the amount thereof from any monies due or that may become due the CONTRACTOR under this agreement. Progress payments made after the scheduled date of completion shall not constitute a waiver of liquidated damages.

5. INSURANCE: The CONTRACTOR shall not commence work under this contract until he has obtained all insurance required hereunder in a company or companies acceptable to City nor shall the CONTRACTOR allow any subcontractor to commence work on his subcontract until all insurance required of the subcontractor has been obtained. The CONTRACTOR shall take out and maintain at all times during the life of this contract the following policies of insurance:
a. Workers' Compensation Insurance: Before beginning work, the CONTRACTOR shall furnish to the City a certificate of insurance as proof that he has taken out full workers' compensation insurance for all persons whom he may employ directly or through subcontractors in carrying out the work specified herein, in accordance with the laws of the State of California. Such insurance shall be maintained in full force and effect during the period covered by this contract.

In accordance with the provisions of Section 3700 of the California Labor Code, every CONTRACTOR shall secure the payment of compensation to his employees. The CONTRACTOR, prior to commencing work, shall sign and file with the City a certification as follows:
"I am aware of the provisions of Section 3700 of the Labor Code which requires every employer to be insured against liability for workers' compensation or to undertake self-insurance in accordance with the provisions of that Code, and I will comply with such provisions before commencing the performance of work of this contract."

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b. For all operations of the CONTRACTOR or any sub-contractor in performing the work provided for herein, insurance with the following minimum limits and coverage:
1) Public Liability - Bodily Injury (not auto) $1,000,000 each person; $2,000,000 each accident.
2) Public Liability - Property Damage (not auto) $500,000 each person; $1,000,000 aggregate.
3) CONTRACTOR'S Protective - Bodily Injury $1,000,000 each person; $2,000,000 each accident.
4) CONTRACTOR'S Protective - Property Damage $500,000
each accident; $1,000,000 aggregate.
5) Automobile - Bodily Injury $1,000,000 each person;
$2,000,000 each accident.
6) Automobile - Property Damage $500,000 each accident. c. Each such policy of insurance provided for in paragraph b. shall:
1) Be issued by an insurance company approved in writing by City, which is authorized to do business in the State of California.
2) Name as additional insured the City of Diamond Bar, its officers, agents and employees, and any other parties
specified in the bid documents to be so included;
3) Specify it acts as primary insurance and that no insurance held or owned by the designated additional insured shall be called upon to cover a loss under the policy;
4) Contain a clause substantially in the following words:
"It is hereby understood and agreed that this policy may not be canceled nor the amount of the coverage thereof reduced until thirty (30) days after receipt by City of a written notice of such cancellation or reduction of coverage as evidenced by receipt of a registered letter."
5) Otherwise be in form satisfactory to the City.

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d. The policy of insurance provided for in subparagraph a. shall contain an endorsement which:
1) Waives all right of subrogation against all persons and entities specified in subparagraph 4.c.(2) hereof to be listed as additional insured in the policy of insurance provided for in paragraph b. by reason of any claim arising out of or
connected with the operations of CONTRACTOR or any
subcontractor in performing the work provided for herein; 2) Provides it shall not be canceled or altered without thirty (30) days' written notice thereof given to City by registered mail. e. The CONTRACTOR shall, within ten (10) days from the date of the notice of award of the Contract, deliver to the City Manager or his designee the original policies of insurance required in paragraphs a. and b. hereof, or deliver to the City Manager or his designee a certificate of the insurance company, showing the issuance of such insurance, and the additional insured and other provisions required herein.
f. Self-Insured Retention/Deductibles. All policies required by this Agreement shall allow City, as additional insured, to satisfy the selfinsured retention (“SIR”) and/or deductible of the policy in lieu of the Owner (as the named insured) should Owner fail to pay the SIR or deductible requirements. The amount of the SIR or deductible shall be subject to the approval of the City Attorney and the Finance Director. Owner understands and agrees that satisfaction of this requirement is an express condition precedent to the effectiveness of this Agreement. Failure by Owner as primary insured to pay its SIR or deductible constitutes a material breach of this Agreement.

Should City pay the SIR or deductible on Owner’s behalf upon the Owner’s failure or refusal to do so in order to secure defense and indemnification as an additional insured under the policy, City may include such amounts as damages in any action against Owner for breach of this Agreement in addition to any other damages incurred by City due to the breach.

6. PREVAILING WAGE: Notice is hereby given that in accordance with the provisions of California Labor Code, Division 2, Part 7, Chapter 1, Articles 1 and 2, the CONTRACTOR is required to pay not less than the general prevailing rate of per diem wages for work of a similar character in the locality in which the public works is performed, and not less than the general prevailing rate of per diem wages for holiday and overtime work. In that regard, the Director of the Department of Industrial Relations of the State of California is required to and has determined such general prevailing rates of per diem wages. Copies of such prevailing rates of per diem wages are on file in the Office of the

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City Clerk of the City of Diamond Bar, 21810 Copley Drive, Diamond Bar, California, and are available to any interested party on request. City also shall cause a copy of such determinations to be posted at the job site.

The CONTRACTOR shall forfeit, as penalty to City, not more than twentyfive dollars ($25.00) for each laborer, workman or mechanic employed for each calendar day or portion thereof, if such laborer, workman or mechanic is paid less than the general prevailing rate of wages hereinbefore stipulated for any work done under this Agreement, by him or by any subcontractor under him.

7. APPRENTICESHIP EMPLOYMENT: In accordance with the provisions of Section 1777.5 of the Labor Code, and in accordance with the regulations of the California Apprenticeship Council, properly indentured apprentices may be employed in the performance of the work.

The CONTRACTOR is required to make contribution to funds established for the administrative of apprenticeship programs if he employs registered apprentices or journeymen in any apprenticeship trade on such contracts and if other CONTRACTOR'S on the public works site are making such contributions.

The CONTRACTOR and subcontractor under him shall comply with the requirements of Sections 1777.5 and 1777.6 in the employment of apprentices.

Information relative to apprenticeship standards, wage schedules and other requirements may be obtained from the Director of Industrial Relations, ex-officio the Administrator of Apprenticeship, San Francisco, California, or from the Division of Apprenticeship Standards and its branch offices.

8. LEGAL HOURS OF WORK: Eight (8) hours of labor shall constitute a legal day's work for all workmen employed in the execution of this contract, and the CONTRACTOR and any sub-contractor under him shall comply with and be governed by the laws of the State of California having to do with working hours set forth in Division 2, Part 7, Chapter 1, Article 3 of the Labor Code of the State of California as amended.

The CONTRACTOR shall forfeit, as a penalty to City, twenty-five dollars ($25.00) for each laborer, workman or mechanic employed in the execution of the contract, by him or any sub- CONTRACTOR under him, upon any of the work hereinbefore mentioned, for each calendar day during which the laborer, workman or mechanic is required or permitted to labor more than eight (8) hours in violation of the Labor Code.

9. TRAVEL AND SUBSISTENCE PAY: CONTRACTOR agrees to pay travel and subsistence pay to each workman needed to execute the work required by this contract as such travel and subsistence payments are defined in the applicable collective bargaining agreements filed in accordance with Labor Code Section 1773.8.

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10. CONTRACTOR'S LIABILITY: The City of Diamond Bar and its officers, agents and employees ("Indemnitees") shall not be answerable or accountable in any manner for any loss or damage that may happen to the work or any part thereof, or for any of the materials or other things used or employed in performing the work; or for injury or damage to any person or persons, either workers or employees of CONTRACTOR, of its subcontractors or the public, or for damage to adjoining or other property from any cause whatsoever arising out of or in connection with the performance of the work.

CONTRACTOR shall be responsible for any damage or injury to any person or property resulting from defects or obstructions or from any cause whatsoever.

CONTRACTOR will indemnify Indemnities against and will hold and save Indemnitees harmless from any and all actions, claims, damages to persons or property, penalties, obligations or liabilities that may be asserted or claimed by any person, firm, entity, corporation, political subdivision, or other organization arising out of or in connection with the work, operation, or activities of CONTRACTOR, its agents, employees, subcontractors or invitees provided for herein, whether or not there is concurrent passive negligence on the part of City. In connection therewith:
a. CONTRACTOR will defend any action or actions filed in connection with any such claims, damages, penalties, obligations or liabilities and will pay all costs and expenses, including attorneys' fees, expert fees and costs incurred in connection therewith.
b. CONTRACTOR will promptly pay any judgment rendered against CONTRACTOR or Indemnitees covering such claims, damages, penalties, obligations and liabilities arising out of or in connection with such work, operations or activities of CONTRACTOR
hereunder, and CONTRACTOR agrees to save and hold the
Indemnitees harmless therefrom.
c. In the event Indemnitees are made a party to any action or proceeding filed or prosecuted against CONTRACTOR for damages or other claims arising out of or in connection with the work, operation or activities hereunder, CONTRACTOR agrees to pay to
Indemnitees and any all costs and expenses incurred by
Indemnitees in such action or proceeding together with reasonable attorneys' fees.

Contractor's obligations under this section apply regardless of whether or not such claim, charge, damage, demand, action, proceeding, loss, stop notice, cost, expense, judgment, civil fine or penalty, or liability was caused in part or contributed to by an Indemnitee. However, without affecting the rights of City under any provision of this agreement, Contractor shall not be required to indemnify and hold harmless City for liability attributable to the active negligence of City, provided such active negligence is determined by agreement between the parties or by the findings of a court of competent jurisdiction. In instances where City is shown to have been actively negligent and where

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City active negligence accounts for only a percentage of the liability involved, the obligation of Contractor will be for that entire portion or percentage of liability not attributable to the active negligence of City.

So much of the money due to CONTRACTOR under and by virtue of the contract as shall be considered necessary by City may be retained by City until disposition has been made of such actions or claims for damages as aforesaid.

It is expressly understood and agreed that the foregoing provisions are intended to be as broad and inclusive as is permitted by the law of the State of California. This indemnity provision shall survive the termination of the Agreement and is in addition to any other rights or remedies which Indemnitees may have under the law.

This indemnity is effective without reference to the existence or applicability of any insurance coverage which may have been required under this Agreement or any additional insured endorsements which may extend to Indemnitees.

CONTRACTOR, on behalf of itself and all parties claiming under or through it, hereby waives all rights of subrogation and contribution against the Indemnitees, while acting within the scope of their duties, from all claims, losses and liabilities arising out of or incident to activities or operations performed by or on behalf of the CONTRACTOR regardless of any prior, concurrent, or subsequent passive negligence by the Indemnitees.

11. NON-DISCRIMINATION: Pursuant to Labor Code Section 1735, no discrimination shall be made in the employment of persons in the work contemplated by this Agreement because of the race, color or religion of such person. A violation of this section exposes the CONTRACTOR to the penalties provided for in Labor Code Section 1735.

12. PAYMENT FUND: A City Council resolution established a Project Payment Account, encumbered money in the current budget, and assigned that money to the Project Payment Account, which is the sole source of funds available for payment of the contract sum set forth in Section 3 of this Agreement. CONTRACTOR understands and agrees that CONTRACTOR will be paid only from this special fund and if for any reason this fund is not sufficient to pay CONTRACTOR, CONTRACTOR will not be entitled to payment. The availability of money in this fund, and City's ability to draw from this fund, are conditions precedent to City's obligation to make payments to CONTRACTOR.

13. PRESENTATION OF CLAIMS: Any claim, as that term is defined in Public Contract Code §9204, shall be submitted in accordance with Section 9204 and shall contain a sufficient description of the claim, the basis therefore and documentation in support of the claim. The claim shall be processed as more fully set forth in the Plans and Specifications.

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14. 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.

State of California Contractor’s License No. _____________________ Contractor’s Business Phone:

Contractor’s emergency phone which can be reached at any time:
1080007 A/ C10 (951)784-6600 (800)229-6090

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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: _____________________________________
RUTH M. LOW, MAYOR
__________________________
Date
ATTEST:

By: _____________________________________

KRISTINA SANTANA, CITY CLERK
__________________________
Date
APPROVED AS TO FORM:
_____________________________________
DAVID A. DEBERRY, CITY ATTORNEY
__________________________
Date
Steven M. Teal, Director of Service November 8th, 2022 Michael J. Hutchens, Western Operations Manager November 8th, 2022 Digitally signed by Hutchens Michael
DN: cn=Hutchens Michael, o=Siemens,
[email protected]
Date: 2022.11.08 08:14:15 -08'00'
Hutchens
Michael
Digitally signed by Teal Steven
Location: Riverside, CA
Date: 2022.11.08 10:00:07 -08'00'
11-8-22

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*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.

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Mast Arm-Mounted Internally Illuminated Street
Name Signs and Traffic Signal Safety Lights
for the City of Diamond Bar (TM 23201)
October 6, 2022
Yunex Traffic Work Proposal
Yunex Traffic
2250 Business Way
Riverside, CA 92501
www.yunextraffic.com

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Diamond Bar: Mast Arm-Mounted Internally Illuminated Street Name Signs and Traffic Signal Safety Lights (TM 23201)
©2022 Yunex Traffic 2
Table of Contents .................................................................................................................. 2 Cover Letter .......................................................................................................................... 3 The Contractor ...................................................................................................................... 4 Company Background/History ............................................................................................ 5 General Company Information............................................................................................ 5 Offices and Staff ................................................................................................................ 5 Approach / Key Differentiators............................................................................................ 6 Contractor’s License/DIR Registration................................................................................ 8 Personnel and Qualifications.............................................................................................. 9 Field Maintenance Team............................................................................................... 10 IMSA Certificates .......................................................................................................... 11 Equipment ....................................................................................................................... 12 The Contractor’s Experience ............................................................................................... 13 Recent Relevant Project History (ISNS & Streetlight/Safety Light) .................................... 13 Customer References ...................................................................................................... 14 Proposed sub-consultants / sub-contractors ..................................................................... 14 Project Scope of Work......................................................................................................... 15 A. Internally Illuminated Street Name Signs...................................................................... 15 B. Traffic Signal Safety Lights........................................................................................... 15 Project Schedule.............................................................................................................. 16 Project Timeline ............................................................................................................... 16 Bid Submittal Form (Attachment B)...................................................................................... 17 Agreement .......................................................................................................................... 19 Statement Certifying Insurance Coverage / Sample Insurance Certificate ............................ 20 W9 ...................................................................................................................................... 21 Bid Bond ............................................................................................................................. 22 Addendum #1...................................................................................................................... 27 Temple Edge-Lit IISNS Signs – Cut Sheets.......................................................................... 32 Cooper Streetworks Navion – Cut Sheets ............................................................................ 33 Delegation of Approval Authority .......................................................................................... 42 Table of Contents

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5.7.b
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ATTACHMENT B
1 of 2

BID SUBMITTAL FORM

TOTAL AMOUNT OF BID (IN FIGURES)
Total Bid Amount (IN WORDS): __________________________________________ _____________________________________________________________________ Bid
Item Qty UOM Sign/Safety Light Hardware Specification Description Unit Price Extended Price 1 EA Illuminated Street Name Sign Assembly (Height TBD) 2 EA Illuminated Street Name Sign Assembly (Height TBD) 3 EA Illuminated Street Name Sign Assembly (Height TBD) 4 EA Street Name Sign Panels (Height TBD)
5 EA Street Name Sign Panels (Height TBD)
6 EA Street Name Sign Panels (Height TBD)
7 EA Double-Sided Under Hang Sign Mounting Hardware
8 1 EA
Traffic Signal Davit Arm Extender for Sign Mounting
Must be compatible with a Type 29-5-
9 307 EA Traffic Signal Safety Light Hardware
10 LS Mobilization & Demobilization
11 LS Installation of Illuminated Street Name Signs & Safety Lights 12 3 EA Electrical Work for New Sign Installations (per intersection) 13 LS Traffic Control for Illuminated Street Name Signs & Safety Lights $ ___ ___ ___ , ___ ___ ___ . ___ ___
$985.00 $66,980.00
$1,210.00 $148,830.00
$1,325.00 $50,350.00
$435.00 $59,160.00
$485.00 $119,310.00
$525.00 $39,900.00
$585.00 $133,965.00
$3,820.00 $3,820.00
$775.00 $237,925.00
$565.00 $565.00
$96,919.00 $96,919.00
$1,820.00 $5,460.00
$4,611.00 $4,611.00
9 6 7 7 9 5 0 0
Nine Hundred Sixty Seven Thousand, Seven Hundred Ninety Five Dollars, and Zero Cents

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NAME OF BIDDER:_____________________________________________________ MAILING ADDRESS: ___________________________________________________ CITY/STATE: _______________________________ ZIP CODE: _________________ BID CONTACT: _____________________________ TITLE: ____________________ EMAIL:____________________________________ PHONE: ___________________ SIGNATURE:____________________________________ DATE:_______________ Digitally signed by Hutchens Michael
DN: cn=Hutchens Michael, o=Siemens,
[email protected]
Date: 2022.11.01 16:10:56 -07'00'
Hutchens
Michael

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ATTACHMENT 1 SHEET 1 OF 1
Street Name Sign Panel
Design Template PREPARED BY: ND DATE: 9/1/2022

PUBLIC WORKS

DEPARTMENT

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Agenda #: 5.8
Meeting Date: November 15, 2022
TO: Honorable Mayor and Members of the City Council
FROM: Daniel Fox, City Manager
TITLE: APPROVAL OF FINAL PARCEL MAP 82066 AND SUBDIVISION AGREEMENT TO SUBDIVIDE A 5.73-ACRE SITE INTO FOUR (4) FEE

SIMPLE COMMERCIAL PARCELS OVERLAYED WITH AN AIRSPACE
SUBDIVISION OF 34 CONDOMINIUM UNITS IN A THREE-STORY

OFFICE BUILDING LOCATED ON THE EAST SIDE OF BREA
CANYON ROAD BETWEEN LYCOMING STREET AND THE SR-60

FREEWAY, KNOWN AS THE BREA CANYON BUSINESS PARK
(LYCOMING, LLC)

STRATEGIC
GOAL: Open, Engaged & Responsive Government
RECOMMENDATION:

A. Determine that approval of the proposed Final Parcel Map is ministerial and thus is exempt from the California Environmental Quality Act pursuant to Title 14, California Code of Regulations, Section 15268(b)(3);
B. Adopt Resolution No. 2022-57 approving Final Parcel Map 82066; and C. Approve, and authorize the Mayor to execute the Subdivision Agreement.

FINANCIAL IMPACT:

No financial impact. Pursuant to the conditions of approval and proposed Subdivision Agreement, the applicant will be responsible for the construction of all on-site and offsite improvements necessary to serve the development.

BACKGROUND:

Final Parcel Map 82066 subdivides 5.73 acres into four (4) commercial lots as part of the Brea Canyon Business Park Project (Project) that proposes to build a new commercial development consisting of a 124-room/four-story hotel; a 47,642 squarefoot, three-story office building with an associated airspace subdivision to create 34

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office condominiums; and a 6,500 square-foot multi-tenant retail building with drivethrough accommodations on a 5.73-acre vacant parcel located on the east side of Brea Canyon Road between Lycoming Street and the SR-60 freeway. The property previously operated as a recreational vehicle and boat storage facility.

On October 30, 2019, the City’s Planning Commission conducted a duly noticed public hearing to consider Tentative Parcel Map 82066 (Tentative Map), at which time the Planning Commission adopted Resolution No. 2019-15, recommending that the City Council ("City Council") approve the Tentative Map.

On November 19, 2019, the City Council conducted a duly noticed public hearing on the Tentative Map and upon conclusion of said public hearing adopted Resolution No. 2019-42 approving the Tentative Map.

On April 12, 2022, the Planning Commission conducted a duly noticed public hearing to consider an amendment to the Tentative Map, at which time the Planning Commission adopted Resolution No. 2022-04, approving the amended Tentative Map.

To date, various permits have been issued for grading and building improvements at the site. The conditions of approval require that certain improvements be constructed at various stages of the Project processing such as prior to Final Parcel Map (Map) approval, prior to permit issuance, and prior to certificate of occupancy issuance.

DISCUSSION:

The approval of Final Parcel Map 82066 (Map) is a ministerial decision by the City Council, meaning the Map shall be approved if it conforms to (1) the Subdivision Map Act, (2) all provisions of Title 21: "Subdivisions", of the City’s Municipal Code that were applicable at the time the Tentative Map was approved, and (3) is in substantial compliance with the approved Tentative Map. Staff has deemed these prerequisite conditions for the Map approval to have been met. The ministerial approval a final subdivision map is also considered exempt from the California Environmental Quality Act pursuant to section 15268(b)(3) of the CEQA Guidelines.

As a condition of the Map approval, onsite underground utility services shall be provided to each parcel (water, gas, electric power, telephone and cable TV). A second condition of the Map approval requires a Subdivision Agreement to be executed guaranteeing completion of all public and private improvements. Given that the construction of some of the utility improvements has not been completed and accepted by the City at this time and a Subdivision Agreement is required by the conditions of approval, Lycoming, LLC is prepared to enter into an agreement with the City to ensure the completion of these improvements to satisfy the conditions of approval. Additionally, Lycoming, LLC has offered surety bonds as listed in the attached Subdivision Agreement (Attachment 2) to secure the performance of such improvements in accordance with the Subdivision Map Act and Planning Commission Resolution No. 2022-04.

The Map (Attachment 3) has been reviewed by the appropriate agencies and City departments. It has been found to be technically correct, conforms substantially to the approved Tentative Map, and meets the requirements of the conditions of approval. The

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City Engineer recommends that the City Council approve Final Parcel Map 82066.

LEGAL REVIEW:

The City Attorney has reviewed and approved the Subdivision Agreement and Resolution as to form.

PREPARED BY:

REVIEWED BY:

Attachments:

1. 5.8.a Resolution No. 2022-57

2. 5.8.b Subdivision Agreement

3. 5.8.c Final Parcel Map No. 82066

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RESOLUTION NO. 2022-57

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR APPROVING FINAL PARCEL MAP 82066 FOR THE SUBDIVISION OF A 5.73 ACRE SITE INTO FOUR FEE SIMPLE LOTS CONSISTING OF

A FOUR-STORY HOTEL, A THREE-STORY OFFICE BUILDING

OVERLAID WITH AN AIRSPACE SUBDIVISION OF THIRTY-FOUR

CONDOMINIUM UNITS, A SINGLE-STORY COMMERCIAL BUILDING,

AND SHARED COMMON SPACE LOCATED ON THE EAST SIDE OF
BREA CANYON ROAD BETWEEN LYCOMING STREET AND THE SR60 FREEWAY.

WHEREAS, Lycoming, LLC, (hereinafter the “Applicant”), has filed an application, a final parcel map and accompanying documents for approval of Final Parcel Map No. 82066, (hereafter, the “Final Parcel Map”), as described in the title of this Resolution; WHEREAS, On October 30, 2019 the Planning Commission of the City of Diamond Bar conducted a duly noticed public hearing on the subject matter of Tentative Parcel Map 82066 ("Tentative Parcel Map"), at which time the Planning Commission adopted Resolution No. 2019-15, recommending that the City Council of the City of Diamond Bar ("City Council") approve the Tentative Parcel Map;
WHEREAS, On November 19, 2019 the City Council conducted a duly noticed public hearing on the Tentative Parcel Map and upon conclusion of said public hearing adopted Resolution No. 2019-42 approving the Tentative Parcel Map; WHEREAS, On April 12, 2022 the Planning Commission of the City of Diamond Bar conducted a duly noticed public hearing to consider an amendment to Tentative Parcel Map 82066, at which time the Planning Commission adopted Resolution No. 2022- 04, approving the amendment to the Tentative Parcel Map; WHEREAS, The City Engineer has reviewed the Final Parcel Map and has determined that applicable provisions of the City's Municipal Code and the Subdivision Map Act, Government Code §§ 66410 et seq. (hereafter, "Map Act"), have been complied with and that the Final Parcel Map is in substantial compliance with the approved Tentative Parcel Map; and
WHEREAS, All other legal prerequisites to the adoption of this Resolution have occurred.

NOW, THEREFORE, it is found, determined and resolved by the City Council of the City of Diamond Bar as follows:

1. The City Council hereby specifically finds that all of the facts set for in the Recitals of this Resolution are true and correct.

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Resolution No. 2022-57
2 2. The City Council finds that Final Parcel Map conforms to all requirements of the Subdivision Map Act, all applicable provisions of the City's Municipal Code and is in substantial compliance with the Tentative Parcel Map.

3. The City Council hereby approves the Final Parcel Map as presented and authorizes and directs the Mayor and the City Clerk to execute the Subdivision Agreement for installation of improvements required thereby and any other documents necessary for recording of the Final Parcel Map.

4. The City Council's approval of a final parcel map that is in substantial compliance with the tentative parcel map, as is the case here, is ministerial and thus is exempt from the California Environmental Quality Act pursuant to Title 14, California Code of Regulations, Section 15268(b)(3).

5. The City Clerk is hereby directed to:
a. Certify to the adoption of this Resolution; and
b. Transmit a certified copy of this Resolution to Lycoming, LLC, 17777 Center Court N #725, Cerritos, CA 90703.
c. Transmit the Final Parcel Map to the County Recorder.

PASSED, APPROVED, AND ADOPTED this 15
th day of November, 2022.

THE CITY OF DIAMOND BAR
________________________
Ruth M. Low, Mayor
ATTEST:

I, Kristina Santana, City Clerk of the City of Diamond Bar, do hereby certify that the foregoing Resolution was duly and regularly passed, approved and adopted by the City Council of the City of Diamond Bar, California, at its regular meeting held on 15 th day
of November, 2022, by the following vote:

AYES: COUNCIL MEMBERS:

NOES: COUNCIL MEMBERS:

ABSENT: COUNCIL MEMBERS:

ABSTAINED: COUNCIL MEMBERS:
________________________
Kristina Santana, City Clerk

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1726394.1

SUBDIVISION AGREEMENT
THIS SUBDIVISION IMPROVEMENT AGREEMENT ("Agreement") is made and entered into by and between the City of Diamond Bar, a municipal corporation ("City" herein), and Lycoming, LLC(“Subdivider”) as of this 15th day of November, 2022.

RECITALS
A. Subdivider has presented to the City for approval a Parcel Map, identified in the Subdivision Reference Data (Attachment “A” hereto), of a proposed subdivision (herein, "Subdivision") pursuant to the Subdivision Map Act of the State of California and the City's ordinances and regulations relating to the filing, approval and recordation of subdivision maps (collectively referred to herein as the "Subdivision Laws").

B. The Subdivision Laws establish, as a condition precedent to the approval of a Parcel Map, that the Subdivider comply with the City Council's Resolution of Approval and either (i) complete, in compliance with City standards, all of the improvements and land development work required by the Subdivision Laws and the City Council's Resolution of Approval; or (ii) enter into a secured agreement with the City to complete the improvements and land development work, within a period of time specified by the City.

C. In consideration of approval of the Parcel Map for the Subdivision by the City Council, Subdivider desires to enter into this Agreement whereby Subdivider promises to install and complete, at its sole expense, all public and private improvement work required by the City for the proposed Subdivision. Subdivider has secured this Agreement by improvement security required by the Subdivision Laws and approved by the City.

D. Improvement Plans, and related specifications, numbered as designated above in the Subdivision Reference Data, for the construction, installation and completion of the improvements identified in Attachment B attached hereto (herein, "Improvements"), have been prepared by the Subdivider, approved by the City Engineer, and are on file in the City's Public Works Department.

The Improvement Plans and related specifications are incorporated herein by this reference.

NOW, THEREFORE, in consideration of the approval by the City Council of the Parcel Map, Subdivider and City agree as follows:

1. SUBDIVIDER'S OBLIGATION TO CONSTRUCT IMPROVEMENTS
A. Subdivider shall, at its sole expense, and in compliance with the provisions of the Subdivision Laws, the Improvement Plans, the related specifications, and all applicable City Standards, furnish, construct, install and guarantee the Improvements generally described in Attachment B.

B. Subdivider shall prepare a Temporary Offsite Improvement Plan which will include a new driveway approach and traffic safety measures to prevent left turn movements in and out of the project site. The Temporary Offsite Improvement Plan shall be fully constructed and accepted by the City Engineer prior to the issuance of any Certificates of Occupancy to the Subdivider.

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C. Subdivider shall acquire and dedicate to the City as is required all rights-of-way, easements and other interests in real property for the construction or installation of the Improvements, free and clear of all liens and encumbrances.

D. Subject to any time extensions granted in accordance with Section 4, Subdivider shall commence construction of the Improvements as set forth above in the Subdivision Reference Data following the heading "Commencement of Improvement Work", and shall complete all Improvements, and remove all improvements associated with the Temporary Offsite Improvement Plan, within the "Completion Period" specified in the Subdivision Reference Data, provided, however, that if the City Engineer reasonably determines that accelerated construction of the Improvements is essential in order to protect the public health, welfare and safety, the City Engineer shall give Subdivider not less than thirty (30) days prior written notice to commence or accelerate installation and construction of the Improvements, or any portion thereof. The notice shall describe the work to be done by Subdivider, the time within which work shall commence, and the period within which the work will be completed. All or any portion of Improvements may be required to be constructed or completed at a specified time. If the Subdivider objects to the commencement or acceleration of the Improvements as specified by the City Engineer, Subdivider may appeal the decision of the City Engineer to the City Council. Any such appeal shall be filed with the City Clerk within ten (10) days after receipt by Subdivider of the written notice from the City Engineer.

E. If the Improvements to be constructed by Subdivider include monumentation, such monumentation shall be installed not later than sixty (60) days after the City's acceptance of all other Improvements pursuant to Section 2. As used herein, "monumentation" shall mean the setting of survey monuments and tie points in accordance with the Subdivision Laws, and the delivery to the City Engineer of tie notes for the points.

F. Subdivider shall, at its sole expense, replace or repair all public improvements, public utility facilities, and surveying or subdivision monuments which are destroyed or damaged as a result of any work under this Agreement prior to acceptance of the work. Any such replacement or repair shall be subject to the approval of the City Engineer.

G. Until such time as the City accepts a category of Improvements, Subdivider shall be responsible for the care and maintenance of such Improvements and shall bear all risks of loss or damage to the Improvements. Neither City, nor its officers, agents and employees, shall have any liability for any accident, loss or damage to the Improvements prior to their completion and acceptance by the City.

H. Subdivider shall, at its sole expense, obtain all necessary permits and licenses for the construction and installation of the Improvements, give all necessary notices, and pay all fees required by City ordinance or resolution and all taxes required by law.

I. Not less than ten (10) days prior to commencement of work on the improvements, Subdivider shall give written notice to the City Engineer of the date fixed for such

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commencement of work in order that the City Engineer shall have adequate time to schedule all necessary inspections.

2. INSPECTION OF WORK AND FINAL ACCEPTANCE
A. Subdivider shall at all times maintain proper facilities and safe access for inspection of the Improvements by the City Engineer and other City personnel.

B. Upon completion of the work on all or any category of the Improvements specified in Attachment B, the Subdivider may notify the City in writing of the completed work, including a list of the completed work, and request a final inspection by the City Engineer. Upon receipt of the written notice, the City shall have forty-five (45) days to review and comment or approve the completion of the required work. If the City Engineer determines that all or any specified category of the Improvements have been completed in accordance with this Agreement and in compliance with the Improvement Plans and all applicable City standards, then the City Engineer shall certify to the City Council the completion of such Improvements. Subdivider shall bear all costs of inspection and certification for acceptance. The City may choose to allow for a partial acceptance and release at any time at its discretion.

C. If the City Engineer determines that work has not been completed in accordance with the Improvement Plans and all applicable City standards, the City Engineer shall supply to Subdivider a list of all remaining work to be completed. Within forty-five (45) days of receipt of the list of remaining work from the City Engineer, the Subdivider shall provide a plan for completion of the remaining work and the time in which completion will occur.

D. The Subdivider shall maintain the works of improvement until the City accepts all remaining items. Acceptance of all categories of the Improvements by the City Council shall be made upon recommendation and certification of the City Engineer following inspection of the Improvements pursuant to subparagraphs B and C above. The City Council shall, within forty- five (45) days following certification by the City Engineer consider whether all Improvements have been completed and notify the Subdivider, or his or her assigns, in writing.

E. Acceptance by the City Council shall not constitute a waiver by the City of any defects in the Improvements or affect any warranty therein.

3. GUARANTEE AND WARRANTY OF THE IMPROVEMENTS
A. If, within a period of one (1) year following acceptance by the City Council of the last of Improvements specified in Schedule A, any Improvements or part of any Improvements furnished, installed, or constructed by the Subdivider, or any of the work performed under this Agreement, fails to comply with any requirements of this Agreement, or the Subdivision Laws,

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or the Improvement Plans and related specifications, the Subdivider shall, without delay and without cost to the City, repair, replace or reconstruct any defective or otherwise unsatisfactory part or parts of the Improvements. Subdivider's obligations hereunder shall include, but not be limited to, the repair, replacement or reconstruction of all irrigation systems and all trees, shrubs, ground cover and landscaping for such one (1) year period.

B. Should the Subdivider fail or refuse to act promptly or in accordance with subparagraph 3.A above, or should the exigencies of the situation require repair, replacement, or reconstruction to be undertaken before the Subdivider can be notified, then the City may, in its discretion, make the necessary repairs or replacements or perform the necessary reconstruction.

If the Subdivider's improvement security does not cover the total cost of such repair, replacement or reconstruction, the Subdivider shall reimburse the City for any excess costs incurred within 30 days of receipt of an invoice for same. Invoices not paid shall accrue interest at the rate of 10% per annum.

C. The security furnished for the faithful performance of the Subdivider's obligation to construct and install the Improvements shall include Subdivider's 1iability hereunder for the one (1) year guarantee and warranty of the Improvements.

4. TIME EXTENSIONS
A. Upon a showing by the Subdivider of good cause, the date for commencement of work on the Improvements, or the duration of the Completion Period, may be extended by the City Engineer, with the written concurrence of the City Manager. As used herein, "good cause" may include, without limitation, delay resulting from an act of the City, an act of any other government entity, acts of God or force majeure such as pandemics or flood, earthquakes, fires and other natural disasters, and strikes, boycotts or similar job actions by employees or labor organizations which prevent the conduct of the work and are outside Subdivider's control.

B. A time extension may be granted without notice to any surety or sureties of the Subdivider and shall not affect the validity of this Agreement nor release the surety or sureties on any bond given as an improvement security pursuant to this Agreement.

C. As a condition of any time extension provided for herein, the City Engineer, with the written concurrence of the City Manager, may require the Subdivider to furnish new or modified improvement security guaranteeing performance of this Agreement, as extended, in an increased amount as necessary to compensate for any projected increase in the Estimated Total Cost of Improvements, as determined by the City Engineer.

5. IMPROVEMENT SECURITY
A. Prior to City's execution of this Agreement, Subdivider shall provide as security to the City;
i) For Performance and Guarantee: Security in an amount equal to one hundred percent (100%) of the Estimated Total Cost of the Improvements, Grading and

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Monumentation as set forth above in the Subdivision Reference Data. With this security, the form of which shall be subject to City's prior approval, the Subdivider assures faithful performance under this Agreement and guarantees the Improvements for one (1) year after the completion and acceptance of the last of such Improvements against any defective workmanship or materials or any unsatisfactory performance, pursuant to Section 3 hereof. ii) For Payment: Security in an amount equal to one hundred percent (100%) of the Estimated Total Cost of the Improvements (excluding Grading and Monumentation) as set forth above in the Subdivision Reference Data. With this security, the form of which shall be subject to City's prior approval, the Subdivider guarantees payment to contractors, subcontractors, and persons renting equipment or furnishing labor or materials to them or to the Subdivider. If monumentation is involved, this improvement security shall also guarantee to the Subdivider's engineer or surveyor payment of the Estimated Total Cost of setting monuments as required by Government Code Section 66497.

B. If the improvement security is a corporate surety bond and in the opinion of the City, any surety or sureties thereon become insufficient, the Subdivider shall renew or replace any such surety bond with good and sufficient surety within thirty (30) days after receiving from City written demand therefor.

C. Improvement security consisting of corporate surety bonds shall be kept on file with the City Engineer. If a corporate surety bond is replaced by another approved bond, the replacement shall be filed with the City Engineer and, upon filing shall be deemed a part of and incorporated into this Agreement. Upon filing and approval by the City Engineer of a replacement bond, the former improvement security shall be released.

D. Modifications of the Improvement Plans and related specifications, and modifications of the Improvements, exceed ten percent (10%) of the Estimated Total Cost of the Improvements, the City may require Subdivider to furnish additional improvement security for performance and guarantee, and for payment as required by subparagraph 5.A above, for one hundred percent (100%) of the revised Estimated Total Cost of the Improvements. If so requested by City, Subdivider shall provide such additional security within 10 days of the request.

6. REDUCTION OR RELEASE OF IMPROVEMENT SECURITY
A. Partial releases or reductions in the Subdivider's improvement security may be authorized, it the City’s sole and absolute discretion, upon the City's acceptance of partial performance of Improvements, and prior to the City's acceptance of all Improvements required hereunder, as provided in this Section 6.

B. The process allowing for partial release of performance security shall not occur until such time as the cost estimate of the remaining work does not exceed twenty (20) percent of the total original performance security.

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C. Upon acceptance of all or any specified category of the Improvements by the City Council, and upon approval of a revised cost estimate for any remaining work, the City shall release all performance security except for security in an amount of two hundred percent (200%) of the cost estimate of the remaining work.

D. Unless Subdivider submits new or additional security in an amount equal to one hundred percent (100%) of the Estimated Total cost of the improvements, the security for performance and guarantee shall not be reduced or released in an amount greater than twenty percent (20%) of the aggregate principal amount thereof prior to the expiration of the one year guarantee and warranty period specified in subparagraph 3.A, or before all claims filed during the one year warranty period have been settled.

E. Within forty-five (45) days of the issuance of the written statement of completion, the City shall place an item on the agenda at a meeting of the City Council for the release of the remaining performance security furnished to secure payment to contractors, subcontractors, and to persons providing labor, materials, or equipment. Upon approval by the City Council that the work is complete, the required amount of performance security shall be reduced to an amount equal to the total amount claimed by all claimants for whom liens have been filed and of which notice has been given to the City, plus an amount reasonably determined by the City Engineer to be required to assure the performance of any other obligations secured by the security. The retained portion of the security shall be released upon settlement or release of all claims and obligations for which the security was given.

F. If Subdivider's obligations relating to any Improvements, such as the water system, are subject to the approval of another governmental agency, the City shall not release the improvement security therefore until the obligations are performed to the satisfaction of such other governmental agency. Such agency shall have two (2) months after Subdivider's performance of the obligation to register its satisfaction or dissatisfaction. If at the end of that period the City has not registered its satisfaction or dissatisfaction, it shall be conclusively deemed that the Subdivider's performance of the obligation was done to its satisfaction.

7. INDEMNIFICATION OF CITY BY SUBDIVIDER
A. Neither the City, nor its officers, agents and employees, shall be liable or responsible for any accident, injury, loss or damage to either property or person attributable to or arising out of the construction, installation, or maintenance by Subdivider of the Improvements. Subdivider shall indemnify, hold harmless and defend, with legal counsel reasonably acceptable to the City, the City, its officers, agents and employees, from and against any and all losses, claims, costs, expenses, liabilities, damages, actions, causes of action and judgements, including reasonable attorneys' fees, arising out of or attributable to Subdivider's performance under this Agreement to the maximum extent permitted by law. Should Subdivider refuse to offer such defense or accept such defense with a reservation of rights, the City may retain its own legal counsel and Subdivider shall be liable for all attorneys’ fees and costs incurred by the City in providing for such a defense.

B. Subdivider's obligations under this Section 7 are not conditioned or dependent upon whether the City, or its officers, agents and employees, prepared, supplied or reviewed any

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Improvement Plans or related specifications in connection with the Subdivision or the Improvements, or has insurance or other indemnification covering any of these matters.

C. Subdivider's obligation to indemnify, hold harmless and defend the City shall extend to injuries to persons and damages to or alleged taking of property resulting from the design or construction of the Subdivision, and the Improvements required herein, and shall likewise extend to adjacent property owners asserting claims based upon the diversion of waters caused by the Subdivider's design or construction of public drainage systems, streets, and other public facilities or improvements. The City's acceptance of the Improvements shall not constitute an assumption by the City of any responsibility or liability for any damage or alleged taking of property referenced herein.

City shall not be responsible or liable for the design or construction of the Subdivision or the improvements, regardless of any act or omission by the City in approving the Improvement Plans or the Final Map, unless the particular Improvement design was required by the City over the written objection of the Subdivider, which objection stated that the Improvement design was potentially dangerous or defective and set forth an alternative design. After City's acceptance of the Improvements, the Subdivider shall remain obligated to correct or eliminate all dangerous conditions created by defects in design or construction; provided, however, that Subdivider shall not be responsible for routine maintenance. Subdivider's obligations hereunder shall remain in effect for one (1) year following acceptance of the Improvements by the City Council. Subdivider acknowledges and agrees that Subdivider shall be responsible and liable for the design and construction of the Improvements and other work done pursuant to this Agreement, and City shall not be liable for any acts or omissions in approving, reviewing, checking, correcting or modifying any Improvement Plans or relate specifications, or in inspecting, reviewing or approving any work or construction of Improvements.

8. INSURANCE
A. Prior to commencement of work on the Improvements, the Subdivider shall obtain, and shall maintain throughout the period of construction, at its sole expense, policies of general liability insurance covering any and all damages or claims for damages for injuries to persons (including death) or property in an amount not less than $2,000,000.00 for any one person, and, subject to the same limit for each person, in an amount not less than $1,000,000.00 for property damage. Such policies shall be in form and substance satisfactory to the City, shall name the City, its officers, agents and employees as additional insureds, and shall contain provisions that prohibit cancellation or lapse of insurance without thirty (30) days' written notice

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first having been delivered to the City. Both the type and amount of insurance required by this subparagraph 8.A may be adjusted during the term of this Agreement as may be deemed reasonably necessary by the City Engineer.

B. The Subdivider shall provide to the City Engineer prior to performing any work under this Agreement and during the term thereof, a certificate or certificates of insurance evidencing the coverage and provisions set forth above in subparagraph 8.A are in effect, and an additional insured endorsement for each of the policies which designated the City, its officers, agents and employees as additional insureds.

9. OWNERSHIP OF THE IMPROVEMENTS
Ownership of all or any category of the Improvements constructed and installed by the Subdivider pursuant to this Agreement shall vest either in the City or in the Homeowners Association created as a condition of the Subdivision, or other specified governmental agency(s), as appropriate, upon acceptance of the Improvements by the City Council and recordation of a Notice of Completion.

10. DEFAULT AND BREACH BY THE SUBDIVIDER AND REMEDIES OF THE CITY
A. Upon the occurrence of any of the following events, the Subdivider shall be deemed to be in default under this Agreement;
i) Subject to any time extensions granted in accordance with Section 4, failure to commence construction and installation of the Improvements by the commencement date set forth above in the Subdivision Reference Data;
ii) Failure to correct or cure any defect in the Improvements during the one year guarantee and warranty period as required by subparagraph 3.A; iii) Subject to any time extensions granted in accordance with Section 4, failure to perform substantial construction work, after commencement of work on the Improvements, for a period of thirty (30) days after written notice thereof from the City; iv) Insolvency appointment of a receiver, or the filing of any petition in bankruptcy; whether voluntary or involuntary, and such is not cured or discharged within a period of thirty (30) days;
v) Commencement of a foreclosure action against the Subdivision or any portion thereof, or any conveyance by the Subdivider in lieu or in avoidance of foreclosure; or vi) Failure to maintain the improvement security required by Section 5 in effect during all times required by this Agreement, including failure to renew the improvement security no later than fifteen (15) days prior to any expiration date; or

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vii) Failure to perform any other obligations in accordance with the terms and provisions of this Agreement within thirty (30) days after written notice thereof from the City.

B. City reserves to itself all remedies available to it at law or in equity for any breach of Subdivider's obligations under this Agreement. City shall have the right, without limitation of other rights or remedies, to draw upon or utilize any improvement security furnished hereunder to mitigate City's damages in the event of Subdivider's default.

C. The City may serve written notice of any default upon the surety on any corporate surety bond furnished as improvement security hereunder, and request that the surety take over and complete the Improvements herein specified. If such surety, within thirty (30) days after service of such notice of default, does not give the City written notice of its intention to perform this Agreement, or does not commence such performance within thirty (30) days after notice to the City of such intention to perform, the City may take over the work and prosecute the same to completion, by contract or by any other method the City deems advisable, for the account and at the expense of the Subdivider and its surety.

D. Subdivider acknowledges that the Estimated Total Costs and improvement security amounts set forth herein may not reflect the actual cost of construction or installation of the Improvements, and, consequently, city's damages for Subdivider's default shall be measured by the cost of completing the required Improvements. If the damages incurred by the City in taking over and completing the Improvements exceeds the principal amount of the improvement security, then Subdivider shall reimburse the City in the amount of such excess within 30 days of the City invoicing Subdivider for such excess amount.

E. City may, without liability for so doing take possession of, and utilize in completing the Improvements, such materials, appliances, plant and other property belonging to Subdivider as may be on the site of the work and necessary for the performance of the work. Subdivider hereby consents to entry by the City and its forces, including contractors, upon any real property in the Subdivision owned by Subdivider or by any assignee of this Agreement, in the event the City elects to maintain or complete the work on the Improvements following Subdivider's default.

F. Subdivider acknowledges and agrees that, upon approval of the Final Map for the Subdivision, City will confer substantial rights upon the Subdivider, including the right to sell, lease or finance lots within the Subdivision, and that such approval constitutes the final act necessary to permit the division of land within the Subdivision. As a result, City will be damaged to the extent of the cost of construction or installation of the Improvements upon Subdivider's failure to perform its obligations under this Agreement. Subdivider further acknowledges that any determination as to whether a reversion to acreage or rescission of approval of the Subdivision constitutes an adequate or necessary remedy for Subdivider's default shall be within the sole discretion of the City.

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G. The City's failure to take an enforcement action with respect to a default, or to declare a default or breach, shall not be construed as a waiver of that default or breach or any subsequent default or breach of the Subdivider.

H. If City sues to compel Subdivider's performance of this Agreement, or to recover damages or costs incurred in completing or maintaining the work on the Improvements, the prevailing party shall be entitled to its attorneys' fees and other costs and expenses of litigation incurred by the City in connection therewith, even if Subdivider subsequently resumes and completes the work.

11. RELATIONSHIP OF THE PARTIES
Neither Subdivider, nor any of the Subdivider's contractors, employees or agents, are or shall be deemed to be, agents of the City in connection with the performance of Subdivider's obligations under this Agreement. Subdivider, its contractors, employees or agents shall at all times be considered independent contractors and shall obtain no rights or benefits which accrue to City employees.

12. ASSIGNMENT
A. Subdivider shall not assign this Agreement without the prior written consent of the City. Any attempted or purported assignment in violation of this subparagraph 12.A shall be null and void and shall have no force or effect.

B. The sale or other disposition of the Subdivision shall not relieve Subdivider of its obligation hereunder. If Subdivider intends to sell the Subdivision or any portion thereof, to any other person or entity, the Subdivider may request a novation of this Agreement and a substitution of improvement security. Upon the City's approval of the novation and substitution of improvement security, the Subdivider may request a release or reduction of the improvement security furnished pursuant to this Agreement.

13. NOTICES
All notices required or provided for in this Agreement shall be in writing, delivered in person or by mail, postage prepaid, and addressed as follows:

If to the City: City of Diamond Bar, City Clerk
21810 Copley Drive
Diamond Bar, CA 91765
If to the Subdivider: Lycoming, LLC
17777 Center Court N #725
Cerritos, CA 90703

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Notice shall be effective on the date that it is delivered in person or, if mailed, on the date of deposit in the United States Mail.

14. ENTIRE AGREEMENT
This Agreement constitutes the entire agreement of the parties with respect to its subject matter. All modifications, amendments, or waivers of any terms of this Agreement shall be in writing and signed by the duly authorized representatives of the parties. In the case of the City, the duly authorized representative, unless otherwise specified herein, shall be the City Engineer.

15. SEVERABILITY
The provisions of this Agreement are severable. If any portion of this Agreement is held invalid by a court of competent jurisdiction, the remainder of the Agreement shall remain in full force and effect.

16. INCORPORATION OF SUBDIVISION REFERENCE DATA AND RECITALS The Subdivision Reference Data, the Recitals, Attachment A and Attachment B are incorporated into this Agreement.

17. GOVERNING LAW
This Agreement shall be governed by laws of the State of California. Any action commenced pursuant to this Agreement shall be initiated in Los Angeles Superior Court.

18. EFFECTIVE DATE OF THE AGREEMENT
This Agreement shall be and become effective as of the date that it is executed by a duly authorized officer or employee of both parties, it being the intention of the parties that the Subdivider shall first execute this Agreement and thereafter submit it to the City. The City shall insert the effective date above and in the Subdivision Reference Data and all counterparts of this Agreement, if any, and shall transmit a fully executed counterpart to the Subdivider.

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ATTACHMENT A

CITY OF DIAMOND BAR

LOS ANGELES COUNTY, CALIFORNIA

SUBDIVISION REFERENCE DATA
FINAL PARCEL MAP NO. 82066 ("Final Map" herein)
Tract No. 33069 , ("Subdivision" herein)
Subdivider: Lycoming, LLC
Subdivider Address: 17777 Center Court N #725
Cerritos, CA 90703
PLANNING COMMISSION RESOLUTION NO. 2022-04 ("Resolution of Approval" herein)
OFFSITE STREET IMPROVEMENT PLANS: (see Schedule A "Improvement Plans" herein) to also incorporate future Caltrans requirements.

IMPROVEMENT: Schedule A
ESTIMATED TOTAL COSTS:

GRADING & EROSION CONTROL

STREET IMPROVEMENTS

MONUMENTATION

CALTRANS REVIEW OF IMPROVEMENT PLANS
FORM OF SECURITY: Performance Bond
NAME AND ADDRESS OF CORPORATE SURETY:

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LETTER OF CREDIT NUMBER(S):

GRADING & EROSION CONTROL:

STREET IMPROVEMENTS:

MONUMENTATION:

CALTRANS REVIEW OF IMPROVEMENTS PLANS:

EFFECTIVE DATE OF AGREEMENT: NOVEMBER 15, 2022
COMMENCEMENT OF IMPROVEMENT WORK:

Within 120 Calendar days of effective date of agreement, by March 15, 2023.

COMPLETION PERIOD: 12 months after effective date of agreement.

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ATTACHMENT B
PARCEL MAP 82066
STREET IMPROVEMENT PLANS FOR TRACT NO. 33069 (3 Sheets) PREPARED BY: Plotnik and Associates
DATED: 01/18/2021
SIGNING AND STRIPING PLANS FOR TRACT NO. 33069 (1 Sheet) PREPARED BY: Linscott Law and Greenspan Engineers
DATED: 02/11/2021
TRAFFIC SIGNAL MODIFICATION PLAN FOR TRACT NO. 33069 (1 Sheet) PREPARED BY: Linscott Law and Greenspan Engineers
DATED: 02/11/2021
STREET IMPROVEMENT PLANS FOR TRACT NO. 33069 (16 Sheets) PREPARED BY: Site Design Studio
DATED: 04/12/2021
STREET IMPROVEMENT PLANS FOR TRACT NO. 33069 (6 Sheets) PREPARED BY: Energy Solutions Group
DATED:

GRADING PLANS FOR TRACT NO. 33069 (27 Sheets)
PREPARED BY: Plotnik and Associates
DATED: 02/09/2022

CALTRANS REVIEW AND APPROVAL OF STREET IMPROVEMENT PLANS

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CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE§ 1189
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.

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Agenda #: 5.9
Meeting Date: November 15, 2022
TO: Honorable Mayor and Members of the City Council
FROM: Daniel Fox, City Manager
TITLE: FRANCHISE AGREEMENT WITH FOCUS MEDIA GROUP, INC. FOR

THE REPLACEMENT AND MAINTENANCE OF BUS STOP

AMENITIES CITYWIDE AND FOR THE BUS SHELTERS
ADVERTISEMENT PROGRAM THROUGH JUNE 30, 2027.

STRATEGIC
GOAL: Safe, Sustainable & Healthy Community
RECOMMENDATION:

A. Determine that approval of the proposed Franchise Agreement is Categorically Exempt (Class 2) from the California Environmental Quality Act pursuant to section 15302 of the CEQA Guidelines; and
B. Approve, and authorize the Mayor to sign a Bus Shelter Franchise Agreement with Focus Media Group, Inc., through June 30, 2027 that will provide for:

2. Administration and revenue sharing of a Bus Shelter Advertising Program; and

3. Maintenance Services for all bus stop amenities and shelters citywide.

FINANCIAL IMPACT:

The Franchise Agreement with Focus Media Group, Inc. (FMG) has three (3) components: Construction, Advertising, and Maintenance.

Construction

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The City Council allocated a total of $1,200,000 in Proposition A (Prop A) Funds for the Citywide Bus Shelters Replacement Project (CIP No. TI22300) as part of the City’s Capital Improvement Program (CIP) in FYs 2021/22 and 2022/23. The construction contract as proposed will cost $1,099,657.11. The proposed contingency amount is $100,300, which brings the total allocation to $1,199,957.11.

The proposed contingency will only be used in the event of unforeseen circumstances that will warrant a contract change order.

Citywide Bus Shelters Replacement
Program (CIP # TI22300) Budget
Encumbrance/
Expenses Balance
Proposition A $1,200,000 $1,200,000
Contract Amount ($1,099,657.11) $100,342.89
Contingency ($100,300) $42.89
Balance $42.89
Advertising
Quarterly, FMG will pay the City a fee of 20% of the gross advertising revenue or $240 per advertising bus shelter per year (currently there are 30 advertising bus shelters, hence $7,200 per year) whichever is greater. Based on the current market condition the total annual City revenue share calculated based on 20% of the gross revenue by FMG is estimated at $32,000 per year. Due to the use of Prop A funds for the replacement/installation of the shelters, all advertisement revenue sharing generated will be returned to the City’s Prop A Local Return Funds, as required by Prop A.

Maintenance
All costs associated with routine maintenance works will be covered by FMG. FMG will be reimbursed by the City for pre-approved “Major Repairs,” as defined in the attached Agreement. The cost of the reimbursement will be primarily paid by deduction from the City’s advertising revenue share.

BACKGROUND:

On November 16, 2021, the City Council approved the design concept for replacing the existing original bus shelters with advertising panels and incorporating the City’s logo into the new shelters’ back panels.

The City’s current Bus Shelters Advertisement Franchise Agreement will expire by the end of the current fiscal year. As part of the Citywide Bus Shelters Replacement Project, staff was tasked with soliciting proposals for, and negotiating, a new franchise agreement, which includes a comprehensive maintenance and advertising program.

On April 8, 2021, staff released a request for proposal (RFP), and on May 12, 2021, the process closed. The City received two proposals that did not meet the requirements of this program/project. Neither of the two proposals included the full scope of the

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construction component of the work or included the full scope of the maintenance work as detailed in the RFP. Also, one of the proposals did not include advertising program on bus shelters. As such, both proposals were considered non-responsive and eventually were rejected. Since all the requirements of the City’s procurement process were met, after consulting with the City Attorney, staff started the process of soliciting companies directly, in order to have the flexibility to find a business partner who is qualified to take on this unique program/project.

DISCUSSION:

After soliciting proposals from multiple firms, and through the evaluation process, Focus Media Group, Inc. (FMG) was determined to be the most qualified company to perform the tasks associated with this program/project, including construction, advertising, and maintenance. Its final proposal met all of the requirements of the City.

The ultimate goal of this program/project is to provide clean, safe, and functional bus stop amenities for the community while incorporating design elements from the City’s enhanced streetscape guidelines.

Construction
The construction component of this program/project consists of the removal and disposal of existing amenities, removal and replacement (R&R) of existing damaged concrete, and the procurement and installation of new amenities, i.e. shelters, benches, and trash receptacles, as applicable. The tentative schedule for the construction phase is as follows:
• December 2022 Commence procurement
• February 2023 Commence installation of unsheltered bus stop amenities • April 2023 Commence installation of bus shelters
• June 2023 Complete all improvements
More details on the installation work are provided in Exhibit “A” of the proposed Franchise Agreement (Agreement) in Attachment 1.

Advertising
As proposed in the Agreement, FMG will manage and maintain all aspects of the Bus Shelters Advertising Program, as provided in Exhibit “B” of the Agreement.

FMG will lease advertising space within the bus shelters, and, from the revenue derived from those leases, will pay the City a revenue share. The guaranteed amount of the revenue share paid to the City is 20 percent of the bus shelter advertising revenue or $240 per shelter per year, whichever is greater. Below is a breakdown of the proposed revenue share plan.

Revenue Type Quantity Annual Revenue
to City

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GUARANTEED Revenue Share 30 shelters @
$240/year $7,200
ESTIMATED Revenue Share @ 20% based
on current market condition 30 shelters $32,000
The payment to the City will be on a quarterly basis and will be supported by a Statement of Accounts.

The City will have reasonable access to any of the FMG’s books, documents, papers, and records that relate directly to the Agreement. As noted previously, all revenue generated by this Program will go back to the City’s Prop A Local Return Funds.

FMG will, at least two (2) times per year, for at least ten (10) consecutive calendar days, display at least one (1) public service announcement in lieu of paid advertising at each bus shelter. FMG will arrange for the service and installation of the public service announcements. The City will be entitled to specify certain public service messages to be displayed.

Maintenance
Per the proposed Agreement, FMG will perform the following ongoing maintenance services.

Routine Maintenance
- One (1) routine maintenance visit to all locations on Mondays and a second weekly visit to agreed-upon “Hot Spots” per week. “Hot Spots” will be identified through a collaboration between FMG and City staff.
- Perform five (5) days a week maintenance visits to four (4) Diamond Bar Blvd designated locations (bus stops located on Diamond Bar Blvd. between Golden Springs Drive and Palomino Drive)
- Perform pressure washing as needed and steam cleaning to all sites six (6) times annually, or as needed.

FMG will respond to as-needed maintenance requests within three (3) hours of notification by the City. Damage, vandalism, or graffiti will be repaired within two (2) working days. FMG will respond to dangerous conditions exposed to the public within 24 hours and repair in five (5) calendar days.

Repair and Replacement
FMG, at its sole cost and expense, maintain, repair, cleans, and service all street furniture, keeping them, their appurtenances, and the immediately surrounding areas in a safe, neat, attractive, environmentally clean, and sanitary condition. “Major Repairs” is defined as those which require parts, components, or specialty contractor services with a retail value above $250 per replacement or repair, and are subject to City approval.

The City will reimburse FMG for any City-approved “Major Repairs” through a deduction from the quarterly revenue share. Any shelter or bench that requires “Minor Repairs” is

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defined as any repairs less than $250 per shelter or bench. “Minor Repairs” will not be charged to the City.

FMG will maintain and keep current, a daily report form that records all ongoing work and maintenance functions performed by FMG’s personnel. These daily reports, prepared in a form and content acceptable to the City, will be submitted to the City's Project Manager on a monthly basis.

CEQA Determination
The proposed Franchise Agreement and project is Categorically Exempt (Class 2) from the California Environmental Quality Act pursuant to section 15302 of the CEQA Guidelines. Class 2 exemptions include replacement or reconstruction of existing structures and facilities where the new structures will be located on the same site and have substantially the same purpose and capacity. The project will replace existing bus stop and shelter amenities in the same locations as existing facilities and therefore qualifies for a Class 2 exemption.

LEGAL REVIEW:

The City Attorney has reviewed and approved the Agreement as to form.

PREPARED BY:

REVIEWED BY:

Attachments:

1. 5.9.a Bus Shelters Franchise Agreement

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1729719.1

BUS SHELTER FRANCHISE AGREEMENT
THIS BUS SHELTER FRANCHISE AGREEMENT (the "Agreement") is made as of November 15, 2022 by and between the City of Diamond Bar, a municipal corporation ("City"), and Focus Media Group, inc. an Oklahoma Corporation, ("Contractor").

1. Contractor's Services.

Subject to the terms and conditions set forth in this Agreement Contractor shall furnish all necessary labor, tools, materials, appliances and equipment for the procurement, construction and installation of bus shelters (with advertising panels) and benches (without advertising panels) at specified locations throughout the City. The work to be performed shall be in accordance with the plans and specifications, dated October 27, 2022 (Plans and Specifications) attached hereto as Exhibit “A”, and in accordance with prices hereinafter mentioned and in accordance with the instructions of the City Engineer.

Contractor shall maintain specified bus shelters, benches and trash receptacles and be responsible for managing and maintaining advertisements as is further described in the attached Scope of Services, attached hereto as Exhibit “B”. Except as specifically provided in Exhibit “B”, Contractor shall perform all maintenance work set forth in Exhibit “B” at its sole cost and expense.

As a material inducement to the City to enter into this Agreement, Contractor represents and warrants that it has thoroughly investigated the work and fully understands the difficulties and restrictions in performing the work. Contractor 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.

2. Priority of Documents. The Plans and Specifications attached as Exhibit “A”, the Scope of Services attached as Exhibit “B”, and the 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 and Scope of Services together with this Agreement shall constitute the entire agreement between the parties. This Agreement is intended to require a complete and finished piece of work and anything necessary to complete the work properly and in accordance with the law and lawful governmental regulations shall be performed by the Contractor whether set out specifically in the Agreement or not. Should it be ascertained that any inconsistency exists between the aforesaid documents and this Agreement, the following order of precedence shall apply: (1) This Agreement; (2) The Plans and Specifications and the Scope of Services.

3. City’s Project Manager. Jason Williams, Maintenance Supervisor (herein referred to as the “City’s Project Manager”), shall be the person to whom the Contractor will report for the performance of services hereunder. It is understood that Contractor 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 Contractor shall be performed to the satisfaction of the City’s Project Manager and the City Manager

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4. Term of Agreement. This Agreement shall take effect on the date set forth above and shall continue until June 30, 2027 (“Initial Term”), unless earlier terminated pursuant to the provisions herein.

The City shall have the option to extend this Agreement for up to five (5) additional years beyond the Initial Term, subject to the same terms and conditions contained herein, by giving Consultant written notice of the exercise of this option at least thirty (30) days prior to the expiration of the initial Term.

5. Exclusive Franchise.

During the Initial Term, or any extension thereof, Contractor shall have the exclusive right to manage and maintain advertisement on the City-owned bus shelters identified in Exhibit B; provided that should the City, in its sole discretion, determine that any advertising on any shelter is improper, offensive or constitutes a display that is likely to interfere with, mislead or distract traffic, or conflict with any traffic control system, Contractor shall be so advised and shall not utilize such advertising. Contractor shall remove such advertising within twenty-four (24) hours after the City serves written notice thereof. Contractor will provide local businesses the right of first refusal on 50% of the available advertising space.

Contractor shall, at least two (2) times per year, for at least ten (10) consecutive calendar days, display at least one (1) public service announcement in lieu of paid advertising in each bus shelter. Contractor shall arrange for service and installation of the public service announcements. The City shall be entitled to specify certain public service messages to be displayed.

Upon further agreement by the parties, the franchises rights granted herein may include a non-exclusive digital or static kiosk locations. The rights and obligations of the parties for such additional franchise rights will be subject to future negotiations.

6. Contractor Compensation. Contractor agrees to receive and accept the total not to exceed amount of one million ninety-nine thousand six hundred fifty-seven dollars and eleven cents ($1,099,657.11) as full compensation for furnishing all materials, performing all work, and fulfilling all obligations associated with the procurement, construction and installation of the bus shelters, benches and trash receptacles as further detailed in the attached Exhibit A.

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 Agreement documents; and also including those arising from actions of the elements, unforeseen difficulties or obstructions encountered in the prosecution of the work, suspension or discontinuance of the work, and all other unknowns or risks of any description connected with the work. Final payment to Contractor shall be withheld for at least 30 days after the time in which Contractor has verified, to the City's satisfaction, that it has submitted all information to the Department of Industrial Relations required by Labor Code §1773.3.

7. Liquidated Damages. Contractor agrees to complete the work set forth in Exhibit A within ninety (90) calendar days from the date of the notice to proceed. Contractor agrees further to the assessment of liquidated damages in the amount of ($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

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Contractor under this Agreement. Progress payments made after the scheduled date of completion shall not constitute a waiver of liquidated damages.

8. Payment.

A. As work is completed under Exhibit A, Contractor shall submit to City an invoice for the work completed, authorized expenses and authorized extra work actually performed or incurred.

B. All such invoices shall state the basis for the amount invoiced, including work completed and task performed.

C. City will pay Contractor the amount properly invoiced within 35 days of receipt.

D. Payment shall constitute payment in full for all work set forth in that invoice.

9. Franchise Payment to City. For the exclusive franchise rights set forth in this Agreement, Contractor shall pay the City a share of the revenue received from its advertising revenue as follows:

From the revenue derived from advertisement on bus shelters, Contractor shall pay to the City a monthly guaranteed percentage of 20% of all gross advertising revenue received by Contractor under this Agreement or flat amount of $240 per advertising bus shelter per year, whichever is greater, during the Initial Term. Contractor shall make such payments on a quarterly basis and the end of each quarter, i.e., March 31, June 30, September 30, and December 31, and provide backup documentation prepared by a certified public accountant, to the reasonable satisfaction of the City, showing all shelter locations, the advertiser at each location, and gross revenues received for each ad panel.

In the event the City exercises its right to extend the Initial Term, the flat amount per bus shelter shall be increased by the change in the Consumer Price Index for the Los AngelesAnaheim-Riverside metropolitan area (“CPI”) from the month immediately preceding the last month of the Initial Term ending date (the “Index Month”) as reported by the Bureau of Labor Statistics of the United States Department of Labor, has increased over the CPI for the month two years prior to the Index Month.

The City reserves the right to audit the Contractor’s records with respect to any payments made during the Initial Term and any extension thereof. Contractor shall maintain all records relating to revenue received under this Agreement for a period of at least four years. Any late or under payments shall accrue interest at the rate of 10% per annum.

10. Status as Independent Contractor.

A. Contractor is, and shall at all times remain as to City, a wholly independent contractor. Contractor shall have no power to incur any debt, obligation, or liability on behalf of City or otherwise act on behalf of City as an agent, except as specifically provided herein.

Neither City nor any of its agents shall have control over the conduct of Contractor or any of Contractor's employees, except as set forth in this Agreement. Contractor shall not, at any

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time, or in any manner, represent that it or any of its agents or employees are in any manner employees of City.

B. Contractor agrees to pay all required taxes on amounts paid to Contractor under this Agreement, and to indemnify and hold City harmless from any and all taxes, assessments, penalties, and interest asserted against City by reason of the independent contractor relationship created by this Agreement. In the event that City is audited by any Federal or State agency or the Public Employee Retirement System regarding the independent contractor status of Contractor and the audit in any way fails to sustain the validity of a wholly independent contractor relationship between City and Contractor or its employees, then Contractor agrees to reimburse City for all costs, including accounting and attorney's fees, arising out of such audit and any appeals relating thereto.

C. Contractor shall fully comply with Workers' Compensation laws regarding Contractor and Contractor's employees. Contractor further agrees to indemnify and hold City harmless from any failure of Contractor to comply with applicable Worker's Compensation laws.

D. Contractor shall, at Contractor’s sole cost and expense fully secure and comply with all federal, state and local governmental permit or licensing requirements, including but not limited to the City of Diamond Bar.

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 Contractor under this Agreement any amount due to City from Contractor as a result of Contractor's failure to promptly pay to City any reimbursement or indemnification required by this Agreement or for any amount or penalty levied against the City for Contractor’s failure to comply with this Section.

11. Standard of Performance. Contractor shall perform all work at the standard of care and skill ordinarily exercised by members of the profession under similar conditions 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.

12. Apprenticeship Employment (applicable to Exhibit “A” work). In accordance with the provisions of Section 1777.5 of the Labor Code, and in accordance with the regulations of the California Apprenticeship Council, properly indentured apprentices may be employed in the performance of the work.

Contractor is required to make contribution to funds established for the administrative of apprenticeship programs if he employs registered apprentices or journeymen in any apprenticeship trade on such contracts and if other Contractors on the public works site are making such contributions.

Contractor and sub-contractor under him shall comply with the requirements of Sections 1777.5 and 1777.6 in the employment of apprentices.

Information relative to apprenticeship standards, wage schedules and other requirements may be obtained from the Director of Industrial Relations, ex-officio the

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Administrator of Apprenticeship, San Francisco, California, or from the Division of Apprenticeship Standards and its branch offices.

13. Legal Hours of Work (applicable to Exhibit “A” work). Eight (8) hours of labor shall constitute a legal day's work for all workmen employed in the performance of the public works portion this Agreement, and the Contractor and any sub-contractor under him shall comply with and be governed by the laws of the State of California having to do with working hours set forth in Division 2, Part 7, Chapter 1, Article 3 of the Labor Code of the State of California as amended.

Contractor shall forfeit, as a penalty to City, twenty-five dollars ($25.00) for each laborer, workman or mechanic employed in the execution of the Agreement, by him or any subcontractor 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.

14. Travel and Subsistence Pay (applicable to Exhibit “A” work). Contractor agrees to pay travel and subsistence pay to each workman needed to execute the work required by this Agreement as such travel and subsistence payments are defined in the applicable collective bargaining agreements filed in accordance with Labor Code Section 1773.8.

15. Unauthorized Aliens. Contractor hereby promises and agrees to comply with all of the provisions of the Federal Immigration and Nationality Act, 8 U.S.C.A. § 1101 et seq., as amended, and in connection therewith, shall not employ unauthorized aliens as defined therein. Should Consultant so employ such unauthorized aliens for the performance of work and/or services covered by this Agreement, and should any liability or sanctions be imposed against City for such use of unauthorized aliens, Consultant hereby agrees to and shall reimburse City for the cost of all such liabilities or sanctions imposed, together with any and all costs, including reasonable attorney fees, incurred by City.

16. Indemnification.

Contractor 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 Contractor’s employees or Contractor’s contractor’s employees arising out of Contractor’s work under this Agreement; and (2) Any and all claims arising out of Contractor's performance of or failure to perform 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 Contractor’s legal counsel unacceptable, then Contractor shall reimburse the City its costs of defense, including without limitation reasonable attorneys' fees, expert fees and all other costs and fees of litigation. The

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Contractor 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.

17. Insurance.

A. Prior to performance of work under this Agreement and at all times during the term of this Agreement Contractor shall 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 $2,000,000.00 combined single limit coverage against any injury, death, loss or damage as a result of wrongful or negligent acts by Contractor, its officers, employees, agents, and independent contractors in performance of services under this Agreement; (2) property damage insurance with a minimum limit of $1,000,000.00 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 $2,000,000.00; and
(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 B. The Indemnitees 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 nonrenewed, 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 at least ten (10) day's prior written notice thereof. Contractor 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 Contractor pursuant to the terms of this Agreement and 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.

E. Contractor shall submit to City (1) insurance certificates indicating compliance with the minimum insurance requirements above, and (2) insurance policy endorsements or a

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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 Contractor (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. 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 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 Contractor 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 Contractor, which amounts may be deducted from any payments due Contractor.

I. Contractor 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.

18. Maintenance and Inspection of Records. In accordance with generally accepted accounting principles, Contractor 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 Contractor's records regarding the services provided under this Agreement. Contractor shall maintain all such records for a period of at least four (4) years after termination or completion of this Agreement. Contractor 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.

19. Termination. If Contractor is found to be in default with respect to any term or provision of this Agreement, and if after three (3) business days from the written notice from City, does not cure such default or commence to cure such default in a reasonably prompt manner if such cure requires more than three business days, the City may terminate the contract upon giving FMG written notice, not less than sixty (60) days prior to the effective date of termination; unless such termination arises out of a threat to the public health or safety, in which the termination shall be effective upon notice from the City.

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20. Personnel. Contractor represents that it has, or will secure at its own expense, all personnel required to perform the services under this Agreement. All of the services required under this Agreement will be performed by Contractor or under it supervision, and all personnel engaged in the work shall be qualified to perform such services. Contractor reserves the right to determine the assignment of its own employees to the performance of Contractor's services under this Agreement, but City reserves the right, for good cause, to require Contractor to exclude any employee from performing services on City's premises.

21. Prevailing Wage (applicable to Exhibit A work). Notice is hereby given that in accordance with the provisions of California Labor Code, Division 2, Part 7, Chapter 1, Articles 1 and 2, the Contractor is required to pay not less than the general prevailing rate of per diem wages for work of a similar character in the locality in which the public works is performed, and not less than the general prevailing rate of per diem wages for holiday and overtime work. In that regard, the Director of the Department of Industrial Relations of the State of California is required to and has determined such general prevailing rates of per diem wages. Copies of such prevailing rates of per diem wages are on file in the Office of the City Clerk of the City of Diamond Bar, 21810 Copley Drive, Diamond Bar, California, and are available to any interested party on request. City also shall cause a copy of such determinations to be posted at the job site.

The Contractor shall forfeit, as penalty to City, not more than twenty-five dollars ($25.00) for each laborer, workman or mechanic employed for each calendar day or portion thereof, if such laborer, workman or mechanic is paid less than the general prevailing rate of wages hereinbefore stipulated for any work done under this Agreement, by him or by any subcontractor under him.

The 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.

22. Presentation of Claims (applicable to Exhibit A work). Any claim, as that term is defined in Public Contract Code § 9204, shall be submitted in accordance with that section and shall contain a sufficient description of the claim, the basis therefore and documentation in support of the claim. The claim shall be processed as more fully set forth in the Plans and Specifications.

23. Non-Discrimination and Equal Employment Opportunity.

A. Contractor shall not discriminate as to race, color, creed, religion, sex, marital status, national origin, ancestry, age, physical or mental handicap, medical condition, or sexual orientation, in the performance of its services and duties pursuant to this Agreement and will comply with all rules and regulations of City relating thereto. Such nondiscrimination shall include but not be limited to the following: employment, upgrading, demotion, transfers, recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship.

B. Contractor will, in all solicitations or advertisements for employees placed by or on behalf of Contractor state either that it is an equal opportunity employer or that all qualified

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applicants will receive consideration for employment without regard to race, color, creed, religion, sex, marital status, national origin, ancestry, age, physical or mental handicap, medical condition, or sexual orientation.

C. Contractor will cause the foregoing provisions to be inserted in all subcontracts for any work covered by this Agreement except contracts or subcontracts for standard commercial supplies or raw materials.

24. Time Is of the Essence. Time is of the essence in this Agreement. Contractor shall do all things necessary and incidental to the prosecution of Contractor's work.

25. Delays and Extensions of Time. Contractor's sole remedy for delays outside its control shall be an extension of time. No matter what the cause of the delay, Contractor 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 Contractor’s control. If Contractor 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 Contractor be entitled to any claim for lost profits due to any delay, whether caused by the City or due to some other cause.

26. Assignment. Contractor shall not assign or transfer any interest in this Agreement nor the performance of any of Contractor's obligations hereunder, without the prior written consent of City, and any attempt by Contractor to so assign this Agreement or any rights, duties, or obligations arising hereunder shall be void and of no effect.

27. Compliance with Laws. Contractor shall comply with all applicable laws, ordinances, codes and regulations of the federal, state, and local governments.

28. Non-Waiver of Terms, Rights and Remedies. Waiver by either party of any one or more of the conditions of performance under this Agreement shall not be a waiver of any other condition of performance under this Agreement. In no event shall the making by City of any payment to Contractor constitute or be construed as a waiver by City of any breach of covenant, or any default which may then exist on the part of Contractor, and the making of any such payment by City shall in no way impair or prejudice any right or remedy available to City with regard to such breach or default.

29. 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.

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“CONTRACTOR” “CITY”
Focus Media Group, Inc. City of Diamond Bar
2271 W. Malvern Ave. #407 21810 Copley Drive
Fullerton, CA 92833 Diamond Bar, CA 91765-4178
Attn.: Michael Culver Attn.: _______________
Phone: 310.897.7096 Phone:

E-Mail: [email protected] E-mail:

30. Governing Law. This Agreement shall be interpreted, construed and enforced in accordance with the laws of the State of California.

31. 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.

32. Severability. If any term, condition, or covenant of this Agreement is declared or determined by any court of competent jurisdiction to be invalid, void or unenforceable, the remaining provisions of this Agreement shall not be affected thereby, and the Agreement shall be read and construed without the invalid, void or unenforceable provision(s).

33. Entire Agreement. This Agreement, and any other documents incorporated herein by reference, represent the entire and integrated agreement between Contractor and City. This Agreement supersedes all prior oral or written negotiations, representations or agreements. This Agreement may not be amended, nor any provision or breach hereof waived, except in a writing signed by the parties which expressly refers to this Agreement.

Amendments on behalf of the City will only be valid if signed by a person duly authorized to do so under the City's Purchasing Ordinance.

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lN WITNESS of this Agreement, the parties have executed this Agreement as of the date first written above.
"Contractor"
Focus Media Group, inc.

Printed
Title:

By
Printed Name:

Title:
"City„
CllY OF DIAMOND BAR
Ruth M. Low
Mayor
ATTEST:

Kristina Santana, City Clerk
Approved as to form:

David DeBerry, City Attorney
State of California "CONTRACTOR'S" License No.47'4 --
CONTRACTOR'S Business Phone: 714.441.1300
Emergency Phone: 310.897.7096
at which CONTRACTOR can be reached at any time.
1729719.1
. [If appl-Icable]

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*NOTE: If Contractor is a corporation, the City requires the following signature(s):
-- (1) the Chairman of the Board, the President or a Vice-President, AND (2) the Secretary, the Chief Financial Officer, the Treasurer, an Assistant Secretary or an Assistant Treasurer. If only one corporate officer exists or one corporate officer holds more than one corporate office, please so indicate. OR
-- The corporate officer named in a corporate resolution as authorized to enter into this Agreement.

A copy of the corporate resolution, certified by the Secretary close in time to the execution of the Agreement, must be provided to the City.

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1729719.1
EXHIBIT “A”

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EXHIBIT A

DEPARTMENT OF PUBLIC WORKS

CITY OF DIAMOND BAR

CALIFORNIA

SPECIFICATIONS
FOR
Procurement and Installation of Bus Stop
Shelters and Amenities
October 27, 2022
The City's bus stops network consists of a combination of 34 sheltered (30 shelters with advertising panels and four without advertising panels; with benches and trash receptacles) and 43 unsheltered locations (with benches and trash receptacles only). There will be 30 shelter locations that will be replaced as part of this Project. The rest of the amenities, including the benches and trash receptacles, are owned by the City and will be removed, disposed of, and replaced as part of this Project by FMG under this agreement. There are four (4) bus stops with non-advertising bus shelters that are not part of this project located at the intersections of: Diamond Bar Blvd. and Temple Ave. and Golden Springs Dr. and Calbourne Dr.

SPECIFICATIONS
All work performed on bus stop sites/locations must conform to the latest Standard Specifications for Public Works Construction requirements and all applicable codes and regulations, including, but not limited to, the City Building and Electrical Codes. In addition, all work must comply with the conditions

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of the Public Works Permit issued for the Project and any and all other conditions of the Contract. FMG shall obtain any and all necessary permits prior to its performance of the Contract.

The removal, disposal, furnish and installation of the bus stop shelters, benches and amenities shall be procured in accordance with the general specifications provided in these specifications.

The bus stops are the "front door" or start of the rider's experience within the community. As such, the City’s windmill logo will be incorporated on the back panels of each bus stop shelter.

Removal and Disposal
The City and FMG will coordinate with CCO to schedule the removal of their bus stop shelters as part of this Project (disposal of all bus stop shelters is responsibility of CCO). Disposal of all amenities (benches and trash receptacles) within the bus stop shelters will be the responsibility of the FMG. Disposal of all benches and trash receptacles will be responsibility of the FMG.

FMG shall perform the following
1) Removal and Disposal of eighty (80) amenities (benches and trash receptacles) from sheltered and un-sheltered bus stops (See Bid Schedule#1).
2) Procurement and installation of twenty-six (26) shelters at 25 locations with V-Kiosk advertising panels; with solar panels and amenities including benches and trash receptacles at currently bus stop locations (See Bid Schedule#2).
3) Procurement and installation of three (3) new bus stop shelters with V-Kiosk advertising panels; amenities including benches and trash receptacles; without solar panels. These sites are nonviable solar sites and will be connected to the existing 110 power connection and “stub-up” for illumination (See Bid Schedule#3).
4) Procurement and installation of one (1) new bus shelter with V-Kiosk advertising panels; amenities, including benches and trash receptacles; without solar panels. This site will require a new 110 power connection with a new conduit “stub-up” for illumination (See Bid Schedule#4). 5) Procurement and installation of forty-three (43) bus benches and trash receptacles at unsheltered bus stop locations (See Bid Schedule#5).
6) Full bus stop shelters concrete pads R&R at thirteen (13) locations (See Bid Schedule#6). NOTE:

One (1) bus stop has 2 required pads.

Liquidated Damages

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Work on the construction or installation of the first bus shelter shall begin within 30 calendar days after the Notice to Proceed (NTP) issuance. City encroachment permit application must be submitted within sixty (60) calendar days after the Contract has been awarded.

Construction or installation of all shelters, including electrical connections, shall be completed within ninety (90) calendar days after the date that work commences on the first shelter.

Installation of all forty-three (43) bus benches and trash receptacles shall be completed within ninety (90) calendar days after the first date that work commences on the first bench.

Failure to perform, as required above, on any item will result in liquidated damages being assessed by the City in the sum of five hundred dollars ($500) for each calendar day the work remains incomplete beyond the 90 calendar days.

Tolar manufacturing has a current lead time of 120-days.

Claims Filing and Processing
The City and Bidder agree to attempt to orally resolve any disputes which may give rise to a claim (hereafter, "Claim") that falls within the definition of Public Contract Code section 9204 (hereafter, "Section 9204"). If these efforts are unsuccessful, the City and Bidder shall process the Claim in accordance with Section 9204. In summary, if the Bidder decides to submit a Claim to the City, it shall be sent by registered or certified mail, return receipt requested, together with reasonable documentation to support the Claim. A Claim may include a Claim by a subcontractor or a lower tier subcontractor meeting the requirements of Section 9204(d)(5). Within 45 days of receipt of the Claim, or any extension thereof agreed upon by the City and the Bidder, the City will conduct a reasonable review of the Claim and provide the Bidder with a written statement identifying what portion of the Claim is disputed and what portion is undisputed. Payment of any undisputed portion of the Claim shall be made within 60 days after the City issues its written statement. If the City does not provide a written statement within the time specified, the Claim shall be deemed rejected.

If the Bidder disputes the City's written statement or if the Claim is deemed rejected, the Bidder may demand in writing by registered or certified mail to the City, return receipt requested, an informal conference to meet and confer in an effort to settle the disputed portion of any Claim. Within 30 days of receipt of such written demand, the City shall schedule a meet and confer conference.

If any portion of the Claim remains in dispute after the conference, the City shall, within 10 City business days of the conclusion of the conference, provide the Bidder with a written statement identifying any portion that remains in dispute and any portion that is undisputed. Payment of any undisputed portion shall be made within 60 days after the City issues its written statement. Any remaining disputed portion shall be submitted to nonbinding mediation in accordance with Section 9204(c)(2)(B), unless the Bidder and City waive the mediation upon mutual written agreement.

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Licenses And Permits
FMG will provide the City with a detailed list of contractors and licenses for the work identified herein.

The qualified Contractor shall hold a License A or B. FMG shall apply for a City business license and all necessary permits from the City to install the bus shelters and bus benches/trash receptacles.

The City will issue "no-fee" permits, as required, which may include building, electrical, and construction and excavation permits required for the construction and installation of the bus shelters and benches and trash receptacles.

Site, Design, And Construction Specifications
The bus shelters and bus benches/trash receptacles to be considered for acceptance by City will conform to the following specifications. In the event a design differs materially from these specifications, a full description of the differences will be submitted.

Shelter Design Specifications
All structural steel, unless otherwise noted, shall be ASTM A-36, minimum yield strength 36,000 psi.

All structural aluminum members, unless otherwise noted, shall be of alloy 6063-T5 or greater.

All holes to be drilled or punched.

Steel welding shall conform to the American Welding Society Standard D1.1-10. Electrodes shall conform to AWS 5.1, Class E70S-5.

Aluminum welding shall conform to the American Welding Society Standard D1. 2-08. Electrodes shall conform to AWS/SFA class ER4043.

All welding to be done at the FMG’s facility.

All corporate procedures, including fabrication, will be in compliance with the Company's quality control manual.

All shelters shall be of the same design, wherever used throughout the City unless alternate designs are approved by the City.

Shelter shall be enclosed on two sides and covered.

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The roof shall be supported by four curved corner steel columns, aluminum clad, steel columns, or other similar construction materials.

A roof overhang shall be designed in accordance with Exhibit C.

The space between all glass, ad panels, and the sidewalk shall be a maximum of six (6) inches to accommodate a visually impaired touching cane. This may be accomplished with either a larger glass panel, a deeper bottom glass support, or a flange attached to the bottom of the glass support.

All shelters shall be baked powder coat process color RAL 7011 Iron Grey.

Final shelter design (sizes, roof types, etc.) are included in the attached exhibits.

Allowable Size of Shelter:
a. Height: 7'5/16" to 8’-2 15/16"
b. Length: 16’- 8 3/8”
c. Width: 4’-8”
If a shelter is desired at a location that will not permit construction of the standard shelter meeting these allowable sizes, the City will consider design with exceptions.

City Logo Art
Each shelter shall have City’s Windmill Logo art achieved by printing art on top of the powder coat and sealing the art with a protective clear coat as shown in Exhibit C. City Logo format will be provided upon request by FMG.

Advertising Panels
V-Kiosk 2-door panels, two-sided, back-lighted ad panel per shelter will be allowed. Each ad panel side shall display no more than 25 square feet of advertising (fifty square feet total per shelter).

All ad panels shall be constructed of metal and clear tempered glass, seamed and bugged.

Two-8-watt LED strips per door.

Battery and ECM controller inside of kiosk.

All ad panels shall be locked or secured in a manner that will eliminate or discourage vandalism.

Additional specifications are found in Exhibit C.

Wheelchair Access
All shelters shall be designed to accommodate wheelchairs.

Expanded Metal Bench

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Minimum bench length: 8'
Minimum bench width: 1'5”
The bench shall be located such that a wheelchair can be placed alongside the bench within the shelter.

All benches shall be baked powder coat process color RAL in Grey.

The 8 feet expanded metal bus benches shall be manufactured per Exhibit D.

The color of the 8 feet expanded metal benches shall be color RAL 7011 Iron Gray, zinc anchors.

Metal Trash Receptacle
Each bus stop (sheltered or unsheltered) shall have a 30-gallon expanded metal bus trash receptacle lid designed and placed to promote maximum usage by patrons. The receptacle and its cover shall be securely attached to the shelter or to the ground.

The metal trash receptacle shall be manufactured per Exhibit E.

All trash receptacles shall be baked powder coat process color RAL 7011 Iron Grey.

Shelter Lighting
Every shelter shall be illuminated by an overhead, energy-efficient LED lighting system concealed in the roof structure from dusk to dawn.

Roof security light 8 watt round LED fixture, see Exhibit C.

Photocell or other approved devices capable of activating each shelter lighting system shall be provided Shelter Drainage
All shelters shall contain a roof gutter system to prevent dripping water over the edges.

Water shall be drained through a downspout (s) located in the columns, with the water exiting at approximately sidewalk level.

Glazing Anchorage
No edge of any glass panel shall be exposed.

All glass panels shall be securely contained and held at both top and bottom. The securing of all four edges is preferable.

All post foundations shall be designed in accordance with the Uniform Building Code (UBC), the latest edition adopted by the City.

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Shelter Signage
The name of the nearest cross street, where appropriate, shall be placed on the roof facia on both ends of the shelter. The minimum letter size for this sign shall be three (3) inches high and two and one-half (2 ½) inches wide with Highway Gothic font.

Shelters and Amenities Site Construction
The prefabricated shelters and amenities shall be assembled on site. No welding except for foundation works shall be permitted at the site.

Non-viable Solar Site Locations
Due to the location of the sites, it was found that some sites do not have adequate sunlight to fully charge the solar panel batteries.

Four (4) non-viable locations to receive new bus stop shelters with V-Kiosk advertising panes, amenities and without solar panels. These sites will be connected to the existing 110V power connection and “stub-up” for illumination (See Exhibit F for their locations).

Non-viable Solar Site with New Required Power Connection One site will require a new bus top shelter with V-Kiosk advertising panels, a new 110V power connection electrical run, and a new conduit “stub-up” for illumination (See Exhibit F for location).

Additional details of the new power connection can be found in Exhibit G.

Bus Stop Concrete Pad R&R Locations
Fourteen (14) locations are identified for full bus shelter concrete pad replacements. The pad shall be reinforced to meet codes and loading conditions. All concrete shall conform to the latest Standard Plans for Public Works Construction (See Exhibit F for their locations).

Exiting Bus Stop Shelter 110V Power Electrical Components Current bus stops shelter electrical component/connection details are provided in Exhibit H.

Solar Power System
The viable solar shelters shall be equipped with a solar-powered LED lighting system as manufactured by Urban Solar Corporation (urbansolar.com), 170-watt mono solar panel, solar number RAD 170 system or approved equivalent.

The solar manual for installation & operating is attached as Exhibit I.

BID SCHEDULES
Bid Schedule: See attached.

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Page 1 of 5 ends

Bid Schedule #1 – Removal and Disposal

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Bid Schedule #2 – New Sheltered Bus Stops - Solar Powered Bid Schedule #3 – New Bus Stop Shelters and Amenities at Non-viable Solar Sites Item
No.

Bus Stop No. Unit Quantity Unit Price
1 3068 EB Diamond Bar Blvd NS Brea Canyon Rd SW LS 1 $ 27,752.54 2 3082 WB Diamond Bar Blvd FS Brea Canyon Rd NW LS 1 $ 27,752.54 3 3066 SB Diamond Bar Blvd FS Clear Creek Canyon Dr SW LS 1 $ 27,752.54 4 1142 EB Diamond Bar Blvd FS Golden Springs Dr SE LS 1 $ 27,752.54 5 1143 WB Diamond Bar Blvd NS Golden Springs Dr NW LS 2 $ 55,505.08 6 3067 SB Diamond Bar Blvd FS Grand Ave SW LS 1 $ 27,752.54 7 3088 NB Diamond Bar Blvd FS Grand Ave NE LS 1 $ 27,752.54 8 3083 NB Diamond Bar Blvd NS Silver Hawk Dr SE LS 1 $ 27,752.54 9 1147 EB Diamond Bar Blvd @ Diamond Bar Park/Ride (Pomona Fwy Ent)SE LS 1 $ 27,752.54 10 3078 SB Diamond Bar Blvd FS Fountain Springs Rd SW LS 1 $ 27,752.54 11 1145 SB Diamond Bar Blvd FS Highland Valley Rd SW LS 1 $ 27,752.54 12 1149 EB Diamond Bar Blvd FS Sunset Crossing Rd NE LS 1 $ 27,752.54 13 1150 WB Diamond Bar Blvd NS Sunset Crossing Rd NW LS 1 $ 27,752.54 14 3061 SB Diamond Bar Blvd FS Tin Dr SW LS 1 $ 27,752.54 15 1146 WB Diamond Bar Blvd (400 yds of) FS Gentle Springs Ln (Diamond Bar Rach) SW LS 1 $ 27,752.54 16 1152 EB Diamond Bar Blvd (400 yds of) NS Palomino Dr (Gentle Springs Ln OPP) NE LS 1 $ 27,752.54 17 1549 WB Golden Springs Dr NS Adel Ave NE LS 1 $ 27,752.54 18 1551 EB Golden Springs Dr FS Brea Canyon Rd NE LS 1 $ 27,752.54 19 1552 WB Golden Springs Dr FS Brea Canyon Rd NW LS 1 $ 27,752.54 20 1556 NB Golden Springs Dr FS Diamond Bar Blvd NE LS 1 $ 27,752.54 21 1568 EB Golden Springs Dr FS Grand Ave SE LS 1 $ 27,752.54 22 1574 WB Golden Springs Dr FS Lemon Ave NW LS 1 $ 27,752.54 23 1564 NB Golden Springs Dr NS Golden Prados Dr SE LS 1 $ 27,752.54 24 1580 WB Golden Springs Dr NS Rapidview Dr NE LS 1 $ 27,752.54 25 1579 EB Golden Springs Dr FS Rapidview Dr SE LS 1 $ 27,752.54 26 $ 721,566.04
Location
TOTAL
Item
No.

Bus Stop No. Unit Quantity Unit Price
1 1144 NB Diamond Bar Blvd FS Highland Valley Rd NE LS 1 $ 25,386.80 2 3087 NB Diamond Bar Blvd NS Quail Summit Dr SE LS 1 $ 25,386.80 3 1573 EB Golden Springs Dr FS Lemon Ave SE LS 1 $ 25,386.80 3 $ 76,160.40
Location
TOTAL

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Bid Schedule #4 – New Bus Stop Shelter and Amenities with a new 110 Power Connection Note: Approximately 75’ electrical run.

Item
No.

Bus Stop No. Unit Quantity Unit Price
1 1577 WB Golden Springs Dr OPP Racquet Club Dr NW LS 1 $ 32,389.33 $ 32,389.33
Location
TOTAL

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Page 4 of 5 ends

Bid Schedule #5 – Unsheltered Bus Stop Amenities (Benches and Trash Receptacles) Item
No. Bus Stop No. UnitQuantity Unit Price
1 0016 NB Brea Canyon Rd FS Lycoming St NE LS 1 $ 2,402.70 2 0017 SB Brea Canyon Rd NS Lycoming St NW LS 1 $ 2,402.70 3 1098 EB Copley Dr (21660 Ent) @ Diamond Bar City Hall NE LS 1 $ 2,402.70 4 1099 EB Copley Dr (21810 Diamond Bar City Hall) OPP AQMD Driveway NE LS 1 $ 2,402.70 5 1097 WB Copley Dr (Across Diamond Bar City Hall) FS AQMD Driveway NW LS 1 $ 2,402.70 6 3089 NB Diamond Bar Blvd FS Clear Creek Canyon Dr NE LS 1 $ 2,402.70 7 3070 NB Diamond Bar Blvd NS Cold Spring Ln SE LS 1 $ 2,402.70 8 3079 SB Diamond Bar Blvd NS Cold Spring Ln NW LS 1 $ 2,402.70 9 3059 SB Diamond Bar Blvd NS Goldrush Dr NW LS 1 $ 2,402.70 10 3091 NB Diamond Bar Blvd NS Goldrush Dr SE LS 1 $ 2,402.70 11 3074 SB Diamond Bar Blvd NS Kiowa Crest Dr NW LS 1 $ 2,402.70 12 3085 NB Diamond Bar Blvd NS Kiowa Crest Dr SE LS 1 $ 2,402.70 13 3071 WB Diamond Bar Blvd FS Mountain Laurel Way NW LS 1 $ 2,402.70 14 0014 NB Diamond Bar Blvd NS Mountain Laurel Way SE LS 1 $ 2,402.70 15 3076 WB Diamond Bar Blvd FS Pathfinder Rd NW LS 1 $ 2,402.70 16 3081 EB Diamond Bar Blvd NS Pathfinder Rd SW LS 1 $ 2,402.70 17 3090 EB Diamond Bar Blvd FS Crestview Dr / Tin NE LS 1 $ 2,402.70 18 1148 SB Diamond Bar Blvd NS Ent To 60 Fwy West NW LS 1 $ 2,402.70 19 3073 EB Diamond Bar Blvd NS Fountain Springs Rd SW LS 1 $ 2,402.70 20 3069 SB Diamond Bar Blvd FS Quail Summit Dr SW LS 1 $ 2,402.70 21 3077 SB Diamond Bar Blvd NS Shadow Canyon Dr SW LS 1 $ 2,402.70 22 1484 WB Gateway Ceter Dr FS Golden Springs Dr (Holiday Inn Ent) NW LS 1 $ 2,402.70 23 1100 EB Gateway Ceter Dr FS Valley Vista Dr SE LS 1 $ 2,402.70 24 2803 WB Gateway Ceter Dr NS Valley Vista Dr NE LS 1 $ 2,402.70 25 1548 EB Golden Springs Dr NS Adel Ave SW LS 1 $ 2,402.70 26 1557 WB Golden Springs Dr NS Diamond Bar Blvd NE LS 1 $ 2,402.70 27 1558 WB Golden Springs Dr NS Ballena Dr NE LS 1 $ 2,402.70 28 1587 EB Golden Springs Dr FS Ballena Dr SE LS 1 $ 2,402.70 29 1554 EB Golden Springs Dr FS Carpio Dr SE LS 1 $ 2,402.70 30 1555 WB Golden Springs Dr OPP Carpio Dr NE LS 1 $ 2,402.70 31 1565 SB Golden Springs Dr NS Golden Prados Dr NW LS 1 $ 2,402.70 32 1571 NB Golden Springs Dr NS High Knob Rd SE LS 1 $ 2,402.70 33 1572 SB Golden Springs Dr FS High Knob Rd SW LS 1 $ 2,402.70 34 1576 EB Golden Springs Dr FS Racquet Club Dr SE LS 1 $ 2,402.70 35 1583 NB Golden Springs Dr NS Sabana Dr SE LS 1 $ 2,402.70 36 1585 SB Golden Springs Dr NS Sabana Dr NW LS 1 $ 2,402.70 37 1588 NB Golden Springs Dr FS Sunset Crossing Rd NE LS 1 $ 2,402.70 38 1589 SB Golden Springs Dr FS Sunset Crossing Rd SW LS 1 $ 2,402.70 39 1590 NB Golden Springs Dr FS Sylvan Glen Rd SE LS 1 $ 2,402.70 40 1591 SB Golden Springs Dr OPP Sylvan Glen Rd SW LS 1 $ 2,402.70 41 0001 SB Temple Ave FS Diamond Bar Blvd SW LS 1 $ 2,402.70 42 0725 SB Temple Ave (Avenida Rancheros) FS Golden Springs Dr SE LS 1 $ 2,402.70 43 1550 SB Golden Springs Dr FS Temple Ave SW LS 1 $ 2,402.70 43 $ 103,316.10
Location
TOTAL

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Page 5 of 5 ends

Bid Schedule #6 – Bus Stop Shelter Concrete Pads R&R
Item
No.

Bus Stop No. Unit Quantity Estimated
Quantity
Unit Price
1 3068 EB Diamond Bar Blvd NS Brea Canyon Rd SW SF 1 190 $ 10,935.45 2 1142 EB Diamond Bar Blvd FS Golden Springs Dr SE SF 1 190 $ 10,935.45 3 1143 WB Diamond Bar Blvd NS Golden Springs Dr NW SF 2 380 $ 18,468.76 4 1144 NB Diamond Bar Blvd FS Highland Valley Rd NE SF 1 190 $ 10,935.45 5 1145 SB Diamond Bar Blvd FS Highland Valley Rd SW SF 1 190 $ 10,935.45 6 1149 EB Diamond Bar Blvd FS Sunset Crossing Rd NE SF 1 190 $ 10,935.45 7 1150 WB Diamond Bar Blvd NS Sunset Crossing Rd NW SF 1 190 $ 10,935.45 8 1146 WB Diamond Bar Blvd (400 yds of) FS Gentle Springs Ln (Diamond Bar Rach)SW SF 1 190 $ 10,935.45 9 1552 WB Golden Springs Dr FS Brea Canyon Rd NW SF 1 190 $ 10,935.45 10 1574 WB Golden Springs Dr FS Lemon Ave NW SF 1 190 $ 10,935.45 11 1564 NB Golden Springs Dr NS Golden Prados Dr SE SF 1 190 $ 10,935.45 12 1577 WB Golden Springs Dr OPP Racquet Club Dr NW SF 1 190 $ 10,935.45 13 1580 WB Golden Springs Dr NS Rapidview Dr NE SF 1 190 $ 10,935.45 14 $ 149,694.16
Location
TOTAL

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PUBLIC EXHIBIT A
WORKS Unsheltered Bus Stops (50 Locations) SHEET 2 of 2 NTS 
Original Unsheltered Bus Stops (50 Locations)
LEGEND Unsheltered Bus Stops; to be Replaced In-kind Unsheltered Bus Stop to be Replaced w/ Sheltered Bus Stop moved from Grand/GSD (GSD and Racquet Club Dr)Bus Routes City Boundary

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PUBLIC EXHIBIT B
WORKS Sheltered Bus Stops (34 Locations) SHEET 1 of 2
NTS 
Original Bus Shelter (32 Locations)
LEGEND Existing Original Bus Shelters; to be Replaced 2020 Upgraded Shelters (DBB/Temple Ave.); Excluded from Citywide Bus Shelter Replacement Project Sheltered Bus Stop to Move from Grand/GSD to GSD and Racquet Club Dr Bus Routes City Boundary 2020 Upgraded Bus Shelter (2 Locations)

AD PANEL

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DIAMOND BAR BL

GRAND AV

GOLDEN SPRGS DR

RIDGELINE RD

PATHFINDER RD

LONGVIEW DR

BREA CANYON RD

GOLDEN SPRINGS DR

DEL SOL LN

LYCOMING ST

CHINO HILLS PKWY

LEYLAND DR

PALOMINO DR

PANTERA DR

DECORAH RD

STEEPLECHASE LN

SUMMITRIDGE D R

SUNSET CROSNG RD

PROSPECTORS RD

CASTLE ROCK RD

ARMITOS PL

WAGON TRAIN LN

DERRINGER LN

BLAZE TRAIL

GOLDRUSH DR

MAPLE HILL RD

COPLEY DR

LEMON AV

COLD SPRING LN
NAN CT

BALLENA DR

AMBUSHERS ST

RIO LOBOS RD

CLEAR CREEK LN

GOLDEN PRADOS DR

MORNING CANYON RD

HAWKWOOD RD

FLINTLOCK RD

FALLOW FIELD DR

OAK KNOLL DR

HIG H KN OB RD

BIRDS EYE DR

SYLVAN GLEN RD

ROCK RIVER RD

MTN LAUREL WY

WALNUT DR

ROCK RIVER DR

DELTA D
CA
R

LBOURNE DR

PLATINA DR

WINDMILL DR

VIA SORELLA

PINTADO DR

CALPET DR

SANTAQUIN DR
RIM LN

RED CLOUD DR

MEADOWGLEN RD

GUNSMOKE DR

CARPIO DR

FALCONS VIEW DR

DRY CREEK RD

ANO NUEVO D
KI
R

OWA CREST DR

VALLEY VISTA DR

FERN HOLLOW DR

JUBILEE LN

RUNNING BRANCH RD

SILVER HAWK DR

BRIDGE GATE DR

GREAT BEND DR

DEERFIELD

ACACIA HILL RD

FALCON RIDGE RD

RAPIDVIEW DR

L NI COLN AV

LOOKING GLASS DR

HIGHLAND VLY RD

COUNTRY PARK RD

TRIGGER LN

PALO CEDRO DR

PEACEFUL HILLS RD

STIRRUP DR

FLINTGATE DR

MONTEFINO AV

BIRCH HILL DR

C RESTVIEW DR

SPRUCE TREE DR

FARBEN DR

WILLOW CREEK

TERRACE L ANE

CANYON RIDGE RD

HIGHCREST DR

GOLD NUGGET AV

MINNEQUA DR

BEAVERHEAD DR

THUNDER TR

SAPPHIRE LN

BOWCREEK DR

PEACEFUL HLS RD

CHIRPING SPARROW RD

NORTHAMPTON ST

QUAIL RUN DR

S RANCHERIA RD

GERNDAL ST

BELLA PINE DR

QUAIL SUMMIT DR

SUNBRIGHT DR

DARRIN DR
CRYSTA; RIDGE

IRONBARK DR

CRESTLINE DR

BREA CANYON CUTOFF RD

GLENBROOK DR

CHARMINGDALE RD

BRAIDED MANE DR

DUBLIN LN

MOONLAKE ST

INDIAN CREEK RD

AFAMADO LN

CLEAR CRK CYN DR

ROLLING KNOLL RD

COYOTE SPRINGS DR

GOL D R UN DR

TOPAZ LN

CHISOLM TL DR

LARKSTONE DR

OVERLOOK RDGE RD

CANYON VISTA CT

SEAGREEN DR

EL ENCINO DR

FEATHERWOOD DR

EMERALD LN

CROOKED CREEK DR

CAPEN AV

CLIFFBRANCH DR

BARBI LN

ASPEN GROVE LN

BREA CANYON

SUGARPINE PL

MILL LN

BROOKWOOD DR

GREYCLOUD LN

DAMIETTA DR

BENT TWIG LN

WINTERWOOD LN

HAPPY HOLLOW RD

L AVE NDER DR

LOST RIVER DR

FOUNTAIN SPRINGS RD

GLENW CI K AV

BOWER CASCADE PL

ADEL AV

LODGE POLE LN

FAIRLANCE DR

RADBURY PL

HONEYHILL DR

KELFIELD DR

ALAMO HEIGHTS DR

BIG FALLS DR

BENFIELD PL

RIM FIRE LN

DEEPSPRINGS DR

SHADOW CANYON R D

BREGANTE DR

SHADED WOOD RD

SAN LEANDRO DR

INDIA N WELL DR

WASHINGTON ST

RIMFORD

GERNSIDE DR

COUNTRY VIEW DR

EVERGREN SPRINGS DR

PECAN GROVE DR

HIGH COUNTRY DR

SILVER CLOUD DR

FALCONS VIEW

GATEWAY CENTER DR

ROCKY VIEW RD

NAVAJO SPRING RD

SHANNON CT

SILVER LN

VIEW LN

BRIDLE DR

WILLO W BU D DR

WAGON TRAIL RD

BENTLEY WAY

FOREST CA NYON DR

TINTAH DR

RUSTY SPUR RD

EASTGATE DR

TWIN CANYON LN

LAZY MEADOW DR

COTTONWD COVE DR

STARSHINE RD

WILLAPA LN

SENECA PL

EAG L E NEST DR

HOLLOW PINE DR

LAURELRIM DR

ACFOLD DR

STARDUST DR

PINTO MESA DR

PRESADO DR

COVERED WAGON DR

LAZY TRAIL R D

SOFTWIND DR

SILVER RAIN DR

DEEP HILL RD

SILVER FIR RD

LEANING PINE DR

EL VADO

HIGHBLUFF DR

EL ENCINO

E OAK MEADOW LN

TIMBERLINE LN

DI A MOND KNOLL LN

AUTUMNGLOW DR

RID GECREST CT

CLAYWOOD DR

GRUBSTAKE DR

S DIAMOND CANYON RD

SHADY RIDGE LN

LYONWOOD AV

S H ADY PL GEM PL

ELDERTREE DR

RO C K Y TRAIL RD

BLENARM DR

WYNNEWOOD DR

BARK ER DR

SAP P HIRE CYN RD

EVERGR EN SPINGGS DR

MILKYWAY PL

LA KEWAY DR

ROCKBURY DR

VALEVIEW DR

SILVERTIP D R

VIENTO VERANO D R

BLENB U RY DR

DRYANDER DR

JASON PL

CLEGHORN DR

CLORINDA DR

CHOLAME DR

WOODBRIDGE CT

FOX G LEN DR

AUTUM HILL RD

BAIN AV

WATER COURSE DR

STRONGBOW DR

PEBBLEWOOD DR

FALCONBURN WY

CEDARDALE DR

FERN PL

CASA LOMA DR

SKYLINE DR

RAINBOW PL

MAN E DR

EAGLEFEN DR

BROKEN FEATHER RD

JA D E CT

BRAMFORD CT

TIERRA LOMA DR

BOX COVE PL

SILVER SPRAY DR

LOS CERROS DR

DIA MON D POINTE LN

SUNWOOD D R

HILTON HEAD DR

B ROKEN A RROW D R

HAR DY DR

SENTRY DR

ROCKBRIDGE RD
TIN DR

RANGE CT

HARE AV

GREENSIDE DR

TORITO LN

SOLE RA LN

TRUEGRIT PL

ST IVES CT

EARLGATE ST

NEWBURY WY

SPRINGWOOD DR

FAREL AV

DEE PLAWN DR

STEEP CANYON RD

DOESKIN PL

RISING STAR DR

HERN DR

MISSIONARY RG ST

DOLE CT

RIDGE POINT DR

CHAPPARAL DR

C HANDELLE PL

MEADCLIFF PL

SUMMERWOOD AV

VANTAGE D R

RUBY CT

BANNER RIDGE

FIREPIT DR

HARMONY HILL DR

WOODLEAF DR

RUSTIC CT

ASPEN KNOLL DR

ANTLER DR

BRIAR CREEK RD

CHARDONNAY DR

PAINT BRUSH LN

WHITECLIFF D
W
R

INDWOOD DR

ESTORIL DR

CLIMBER DR

MIRAGE LN

CLEARVIEW CREST DR

ENRIQUEZ DR

GREYC REST PL

PROSPECT VLY DR

HIDDEN PINES DR

MEADOW FALLS DR

WHITE STAR DR

CAMERON CREST DR

PENARTH AV

CRESTMONT D R

STRANGE CREEK DR

NORTHVIEW PL

E OAK CREST DR

DEE R CROSSING DR

RANCHERIA

BLENFIELD PL

COGBURN LN

SUNBLUFF DR

G O LD CANYON DR

CROW FOOT LN

CHINOOK PL

GOLDPOINT PL

ROSEGATE PL

RANCHWOOD PL

ROBINBROOK PL

FO XHAVEN PL

COPPER MTN DR

SABANA DR

ADAMSGROVE AV

CROMARTY DR

LITTLE QUAIL AV

PANHANDLE DR

EAGLESPUR R D

TIOGA DR

RITTER ST

KINGLAKE DR

AMBERWICK PL

DA RRIN ST

COLDSTREAM CT

BLUFF CT

KICKING HORSE D R

WALNU T DR S
TOP CT

EDDRIDGE DR

GLENCLAIRE DR

CLIFFSIDE LN

MISTY CT

BRONZE KNOLL R D

GARZON PL

AHT ENA DR

MON UMENT CANYON DR

VIST A BUENA DR

HIPASS DR

CREST LN

GINGERWOOD PL

KNOL L CT

BELLOWS CT

FLAPJACK DR

TWIN PINES LN

HOPI ST

SHADEHILL PL

D EVO N PL

CELLO DR

MOUNT ST

REDGATE CR

BEARS DEN RD

PIKES CT

DIAMOND CT

PEAK CT

R A P ID BROOK RD

ALBAR IZ A PL

FEATHER ROCK RD

PINEHILL LN

CAN DLER CT

GLENTHORPE DR

PORTO GRANDE DR

BRONCO LN

LA BONITA RD

STONECREST PL

C ANYON VIEW RD

SAND RIDGE RD

DARIUS AV

PINEFALLS AV

JULIAN CT

HOSS ST

LARK SPRING TE

BO DEGA WY

BUTT ERNUT WY

WAY S IDE PL

GLENWOLD DR

LASPINO LN

JEW E L CT

TIMBE RT OP LN

GREENWICH C T

HILLMAR DR

TOLANI CT

BOULDER LN

CAMARITAS DR

MONTURA DR

DARE CT

MALAGE CIR

BENICIA RD

ONAWA PL

VISTA CT

HIGHBLUFF RD

GAZEBO CT

COOL SPRINGS DR

RUSTY PUMP RD

MAR C C T

TANFORAN LN

BROKEN TWIG RD

CYPRESS GROVE LN

SPEN C ER PL

SUNNYCREST

LASSO DR

TRUSS CT

OXBOW CT

COTTER RI M LN

SHAD Y HILLS DR

RED BLUFF LN

CARRISO RD

COUGAS CREEK RD

S OAK VALLEY PL

EAGLECREST PL

HADDOCK DR

FAIRWIND LN

FIRE HOLLOW DR

RAINWOOD DR

YUCATAN P
PASCO
L
CT

SUNSET CRS RD NF

MISSION ARY RIDGE ST

MACENTA LN

RIEGO DR

ACOLITO PL

TAMBO PL

TENDERFOOT WAY

GABLE CT

MENSH A CT

REXFORD CT

CLA YHORN DR

FIBRE CT

OATES DR

PLEASANT MEADOW RD

SIMS PL

VAL P ICO PL

RED POST CT

CRESTBROOK CT

RE D FIR LN

BAFT LN

WOODHILL CR

BANBROOK LN

PASEO DE TORRADO

PASADO DR

GONA CT

NARATO PL

GR EYFIELD LN

HIDEOUT DR

STAR CT

STONEPINE DR

WOODSPRING PL

BANNING WY

LELA DR

CANYON PARK DR

BRECKENRIDGE CT

RUNNING RIVER CT

ARKLEY DR

WINDSONG CT

PEBBLE LN

ELKS RAPID LN

KIDD DR

CAHILL PL

TREND CT ALDA CT

CHARWOOD PL

PATHFINDER RD NF

ROCKRIDGE LN

MAPACHE DR

BARBERRY DR

COSTILLA DR

SOLTAIRE ST

GIDE CT

PENROSE CT

CAMBON AV

TELLGATE DR

CROLL CT
DAB CT

GEORGE LN

CLOUDS REST DR

BENT OAK RD

RAZZAK CIR

CALMBROOK LN

COPPER CANYON DR

PALO CEDRO DR

G ONA CT

PORTO GRANDE DR

SUNBRIGHT DR

TORITO LN

DEL SOL LN

MOONLAKE ST

MEADOW FALLS DR

CROOKED CREEK DR

TRIGGER LN

CASTLE ROCK RD BREA CANYON RD

S ILVER CLOUD DR

CASTLE ROCK RD

EL ENCINO

SILVER SPRAY DR

RISING STAR DR

BIR DS EYE DR

PENARTH AV

PLATINA DR

DEL SOL LN

EARLGATE ST

INDIAN CREEK RD

CROOKED CREEK DR

LEMON AV

PROSPECT VLY DR

CAMARITAS DR
City of Diamond Bar
Parcels
0 1 2
µ Miles
City Boundary
Parcels
Source: City of Diamond Bar (Planning Dept) 11/12/2010
J:\!GISProjects\Departments\Planning\ParcelMap_Marcel_Maps_DA Los Angeles
County
San Bernardino
County
Orange
County
Riverside
County

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EXHIBIT H SHEET 1 OF 1
Existing Electrical Components
PREPARED BY: DATE:

DEPARTMENT OF

PUBLIC WORKS

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Contents
Safety Information 2
Contents 3
Introduction 4
Primary System Components 5
Model Numbers/System Configuration 6
Exploded View Example of a Typical System 7
Installation & Assembly Overview 9
Power-up and functional test 27
System Self-Testing 28
Self-Testing 28
Troubleshooting at Installation 30
Maintenance 35
Batteries 35
Contact and Re-order Information 35
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RMS RAD

PV SHELTER SERIES
Transit Shelter Solar-Powered LED Lighting System
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Safety Information
Notice
Thoroughly read these instructions and familiarize yourself with the equipment before installing, operating, servicing or maintaining it. The following message warns of potential hazards and offers inductions to avoid them.

This equipment should be installed, operated, serviced, and maintained only by qualified personnel. A qualified person is one who has skills and knowledge related to the construction and operation of this equipment and its installation and has received safety training to recognize and avoid the hazards involved.

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Introduction
The Urban Solar Corporation RMS RAD stand-alone solar powered LED lighting system has been designed specifically to meet the requirements for security lighting in barrel roof type transit shelters and also to provide advertising panel illumination. The system has been engineered to integrate with the shelter’s curved roof mechanical design in order to provide an aesthetic look and a simple installation procedure.

The RMS RAD series has been rigorously tested and is listed by Underwriters Laboratories (UL-Listed). The solar engine sizes available range from 80W to 340W depending on the geographic location and the specific lighting requirements for the bus shelter. All of the RAD series modules are designed to fit curved shelter roofs with radii of curvature ranging from 42” to 93”.

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Primary System Components
The RMS RAD shelter lighting system provides lighting using state-of-the-art LEDs, batteries and solar panels, integrated with an intelligent, programmable energy control module (ECM). Electricity generated by the solar panels flows to the ECM which regulates the charging of the battery bank and controls power to the LEDs. The ECM is factory-programmed to provide variable calendar-based lighting profiles (on time duration and intensity) to match the available solar insolation and user preferences.

The main system components are described below:

PV Array (solar module) - The PV array consists of one or more solar modules mounted to a metal enclosure.

The solar panel array size is selected to provide enough solar charging for the system to operate dusk till dawn, at a specific brightness level, year-round at a given geographical location.

Batteries - The battery bank is composed of multiple, 18 amp-hour 12-volt cells, with quantity depending on the system size. They are sealed, lead acid, rechargeable, and provide a minimum of 5 days autonomy (i.e. the system could operate for at least 5 days with no solar charging – for example during heavy snowfall).

Luminaires - The LED luminaire contains high power white LEDs. The luminaires are driven well below their maximum power rating to increase efficiency and extend the already long life.

ECM - The Energy Control Module is the central control of the lighting system. It controls battery charging and regulates the power to the LED luminaires. The ECM also monitors the system performance to ensure the batteries will not be damaged by overcharging and will turn off the LEDs if the battery voltage falls below the low voltage disconnect (LVD) setting. Once the batteries have been sufficiently charged above the LVD, the ECM will turn the LEDs back on again.

Operating Profile – The RMS RAD has a built-in programmable energy control module (ECM) that is pre-programmed at the factory to set a calendar-based operating profile to maximize the light intensity and duration based on NASA solar insolation data for the region.

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Data Logging / Retrieval - The ECM keeps a daily log of critical operating parameters such as battery voltage, solar panel and LED current. This data can be retrieved in the field in order to assess the system performance.

Model Numbers/System Configuration
The RMS RAD series is available with several sizes and configurations.

Typically, the RMS RAD series systems are configured for both security lighting inside the shelter, as well as advertising panel lighting inside the ad-box. The basic system has one LED security light in the shelter ceiling, and two LED strip lights inside the ad-box. However, systems can be sized and configured to have additional LED lights for both security lighting and ad-panel lighting.

The number of batteries used depends on the system size and LED configuration, as well as the location and specific lighting requirements for on-time and brightness. Typically, systems are configured with 6-10 batteries connected in parallel.

Note: Battery and complete system wiring diagrams are included in this manual for various system configurations. It is imperative that the wiring of the batteries is done according to these diagrams. Failure to complete the battery and system wiring exactly as shown can result in damage to the lighting system components, controllers, or the batteries. Incorrect wiring can also lead to premature battery failure due to imbalance charging and loading of the batteries.

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Exploded View Example of a Typical System
Figure 1.

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Figure 2.

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Figure 3.

Figure 4.

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Installation & Assembly Overview
Important: Failure to follow these procedures may result in system damage and failure. The order of operations when connecting LEDs, batteries, and solar panels is critical. The sequence for electrical connections is as follows:
> Connect LED harnesses to the ECM and install LED fuses. > Connect main battery harnesses to the ECM.
> Connect Solar Panels to the ECM.
> Turn ON Battery Circuit Breaker
> Turn ON Solar Circuit Breaker
The reverse order should be followed if it becomes necessary to troubleshoot the system or to replace any of the system components. Always disconnect solar first!
Note: Do not attempt to connect the LEDs or cut/splice the LED wires with solar and/or battery power. Applied or permanent damage to the ECM may occur.

Always turn off ALL circuit breakers before connecting, cutting, or splicing LED harnesses. > Install LED fixtures and wiring per wiring schematic. Run LED wires back to approximate location of power modules.
> Install Power Modules on shelter roof using mounting feet and / or mounting rails provided. > Route LED wiring into power module – use appropriate wire conduit and sealed connectors where required.
> Install batteries and complete battery and solar wiring – refer to wiring schematic. > Power-up system by turning ON the Battery and Solar circuit breakers.

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Installation – Detailed Procedures
Install LED fixtures and route LED wiring to power module.

Caution – Do not attempt to cut LED wire harnesses or splice LED wires with battery or solar power connected. If wires are cut with battery and / or solar connected, the ECM will be damaged. Remove all fuses and/or turn off all circuit breakers prior to wiring LEDs.

Critical – LEDs have 3 color coded wires to connect:

Red Wire = 12V+
Black Wire = 12VWhite Wire = Dimming Control – the white wire MUST be connected!!! Failure to connect all 3 of the wires correctly will result in system failure.

Figure 5. Round LED Fixture with Housing
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Figure 6.

Determine an appropriate location for mounting the LED fixture over the interior ceiling rib near the center of the shelter. (The LED wire harness may have been pre-run by the shelter manufacturer, and the location will have been predetermined.)
Drill a 7/8” hole through the ceiling structural rib and roof rib, then run the LED wiring to the approximate location of the power module on top of the shelter roof – leave some extra cable to work with. A liquid-tight cable grip should be used on the topside roof rib to ensure that water does not leak into the shelter.

Mount the LED fixture housing using provided hardware or TEK screws. Pull LED wires from the topside power module location and into LED fixture housing.

Connect LED harness and secure the LED into the housing using the security screws provided.

Note: In some cases, there may be excess wire coiled inside the fixture housing or a connector on the LED fixture. If there is, then it is advised that the installer cut off the excess wire instead. The connectors will be cut off and excess wire trimmed back – the connection will then be made using wire nuts.

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Figure 7.

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Install LEDs in Ad Box
LED strip fixtures are provided for ad-box lighting. Typically, these fixtures are mounted in the top of the ad-box as shown in Figure 8.

Figure 8.

Typically, there are two or three LED fixtures installed – they should be spaced evenly on the top of the ad-box frame. Fixtures can be secured from the inside with TEK screws as shown. However, if the TEK screws will puncture the top of the ad-box, water can potentially leak through. In this case, be sure to use appropriate hardware with rubber washers on the top side of the ad-box.

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Figure 9.

The ad-box LED wiring is provided. Use the short 12” jumpers to connect the LEDs together, then run the longer LED jumper cable from the second connector on one of the LEDs through a sealed wire grip or conduit connection and through the top of the ad-box and back to the power module location. An appropriately sized, flexible conduit should be used to run the LED wiring back to the power module location.

This will be done after the power module(s) is installed on the shelter roof.

Note: The LED fixtures each have two connectors. These are parallel connections – it does not matter which connector is used to make the connection to the LED.

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Figure 10.

Install power module(s) on shelter roof.

The RMS RAD power modules can be mounted directly to the shelter roof ribs using the mounting feet provided, or if necessary, using the mounting rails to span the roof ribs. TEK screws will be used to secure the rails to the roof ribs, and – after wiring is completed – TEK screws will be used to secure power modules to the rails.

Once the location for the power modules has been determined, the wiring for the LED fixtures will be run into the power modules. This should be done before securing the power modules to the roof. Note – only one power module will contain an ECM controller – the LED wiring will be run into that power module with the ECM inside.

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Position the power modules near the center of the shelter, or as specified by the Transit Authority. Two examples are shown below in Figure 11.

Figure 11.

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Figure 12.

Run the wiring for the security LED to the inside of the power module.

If one of the power modules is located directly above the location of the security LED fixture, then the LED wiring can be pulled through the roof (using a sealed wire grip) and directly into the power module containing the ECM. In this case it is not necessary to use conduit as there will be no exposed wiring – the wiring will be hidden under the power module.

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Figure 13.

If the power module is not directly above the security LED fixture, then a short run of flexible conduit with sealed connectors should be used to ensure there is no exposed wiring. The conduit should be secured to the roof using the appropriate hardware and cable clamps as shown in Figure 14.

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Figure 14.

Run the wiring for the ad-box LEDs to the power module.

Since all shelter architectures are different, the method of running the ad-box LED wiring to the power module will change from shelter to shelter. Typically, this is done using flexible conduit as shown in Figure

15. The conduit is run from the underside of the power module, through the shelter roof, and into the ad-box. All connection points use sealed wire and conduit connectors. Secure conduit using straps and hardware as shown.

Do not leave exposed wiring – this will invariably lead to vandalism and potential damage to the system.

Bring the LED wires into the power module containing the ECM through one of the grommets. The connections to the ECM will be made later.

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Figure 15.

Run the solar module wiring into the power module with ECM.

Run all solar wiring through the grommets and into the module containing the ECM. The solar wires will be trimmed and stripped to make connections to the ECM solar input. This will be done after the batteries are installed.

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Batteries Wired in Parallel
If using more than 4 batteries, then batteries will be split into two equal banks as shown above. Each battery is supplied with an individual harness which connects to a master harness a detailed in the wiring diagram.

Place batteries into the battery trays as shown and install battery wiring. It is easiest to wire the batteries standing up. After the batteries are wired, they can be placed on their side in the battery trays. Be sure the terminals are on the top side as shown in Figures 17 and 18.

Figure 17.

Figure 18.

Note: Battery terminal torque specification is 4 ft-lbs. (50 inch-lbs.). Exceeding this specification could cause damage to the terminals and result in electrolyte leakage and corrosion. After the batteries have been installed and wired, silicone based anti-corrosion protection spray must be applied generously to the battery terminals and harness ring terminals to help reduce moisture and corrosion.

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Install ECM and prepare to make LED, battery, and solar connections.

Refer to the wiring diagram. It is best to place the ECM in one of the battery trays on the opposite side of the batteries, as shown below. This allows for more room for all the wiring. The wiring from the batteries, solar panels and LED harnesses should be fed to the ECM via the circular holes with grommets in the battery trays.

Figure 19.

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The ECM has fused connections for 2 LED channels, Solar Panels, Batteries, and Remote test switch. All harnesses are clearly labelled.

Important: Failure to follow these procedures may result in system damage and failure. The order of operations when connecting LEDs, batteries and solar panels is critical.

The sequence for electrical connections is as follows:

Note: Systems are equipped with circuit breakers. Be sure all breakers are in the OFF position before making connections to LEDs.
> Connect LED harnesses to the ECM and install LED inline fuses in the LED harnesses. > Connect main battery harnesses to the ECM as shown in wiring diagram. > Connect Solar Panels to the ECM as shown in wiring diagram. > Turn ON Battery circuit breaker.
> Turn ON Solar circuit breaker(s).

The reverse order should be followed if it becomes necessary to troubleshoot the system or replace any components. Always disconnect solar first by turning off the solar breaker(s).

Important Note: Do not attempt to connect the LEDs or cut/splice the LED wires with solar and/or battery power applied or permanent damage to the ECM may occur. Always turn off ALL breakers before connecting, cutting or splicing LED harnesses.

Connect the ad-box and security LEDs to the ECM.

The LED harness from the ad-box LEDs is connected to ECM LED channel 1 labelled “ad-box LEDs”. The harness from the security LED inside the shelter is connected to ECM channel 2 labelled “security LED”.

Note: In some cases, the connectors on the LED harnesses may have to be cut off and the LED connections made using wire nuts. In this case be sure to remove all fuses and turn off all breakers before attempting to strip the LED wires and make connections.

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Connect ECM to Battery Bank
Remove all fuses and turn off all breakers. The ECM has clearly labelled harnesses for the main battery connections. Feed the ECM battery harnesses into the battery tray, then connect the ECM battery harnesses to the battery bank exactly as shown in the wiring diagram.

Connect Solar Panels
There will be 2 heavy gauge black cables from each solar panel. Make sure to identify which are positive and which are negative. If in doubt, use a voltmeter to verify. Solar panel leads are labelled.

Refer to the wire diagram – the panels are connected in parallel with the ECM. Each Panel positive lead is connected to a circuit breaker as shown in the wiring diagram.

Caution: Solar Panels are live and producing current. Only cut through one solar panel lead at a time and avoid allowing the bare leads to contact any metal.

Secure solar power modules to roof.

Make sure all wiring is complete and that there is no exposed or sloppy wiring prior to securing power modules to the roof. Make sure the power modules are properly aligned and centered on the shelter. Secure power modules using TEK screws or appropriate fasteners/rails etc. for the specific shelter architecture.

Secure and tidy up all wiring.

Make sure all wiring is neat and tight. Wire ties can be used where necessary. Make sure that there will be no pinched wires once the module covers are installed. Inspect all connections and double check the wiring diagram to ensure correct wiring.

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Power-up and functional test
Insert the fuses into the LED channel 1 and LED channel 2 harnesses. Make sure fuses are properly seated in the fuse holders.

Flip the battery circuit breaker to the ON position.

The LEDs should flash very briefly, and then after 5 to 30 seconds the LEDs will turn ON and remain ON.

Note – the ad-box LEDs may turn on 1
st
, and after as much as 20 seconds the security LED will turn on. The LEDs will only be at a low intensity at this time. If the LEDs do not turn on, there is a problem with the wiring.

Check all connections are correct - refer to the wiring schematic.

Flip the solar panel circuit breaker(s) to the ON position.

After approximately 5 to 30 seconds, the lights should turn off once the system recognizes that the solar panel is producing charge current and the battery voltage reaches a pre-programmed level.

Note: If the lights do not turn off when the solar panel is connected, or if they turn off and then turn on again after a few minutes, this is not necessarily a problem with the system. The LEDs are programmed to turn ON and OFF at specific times, and with specific battery and solar voltages. However, it may take 24 hours for the system to “self-calibrate”.

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System Self-Testing
Urban Solar moved the location of the Magnetic Test switch such that it can be mounted remotely from the ECM.

This will enable the Magnetic Test switch to be activated without opening the chassis of the power module.

The Switch will now be mounted on the inside wall of the chassis of the power module unit so that it can be enabled by swiping a magnet on the outside wall of the unit as shown in the following photos. The TEST location will be clearly labelled so that maintenance staff can quickly check the status of the unit without opening or removing any of the system covers.

RMS RAD Systems
New location of Magnetic Test switch
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Self-Testing
The self-test feature is activated by swiping a magnet over the magnetic switch located inside the lighting unit as shown in the photos above. A magnet is provided with each unit, but almost any magnet will work to enable the test.

The self-test provides information on system health by flashing the LEDs in a pre-determined sequence. On activation, the LEDs will flash 3 times quickly, pause, and then flash slowly, giving 0-6 flashes depending on the state of charge of the batteries.

The first 3 flashes indicate that the system and LEDs are wired correctly. If any of the lights do not flash on the initiation of the magnetic swipe test, the system requires troubleshooting and it is likely that some part of the system is not wired correctly. This usually indicates the LED wiring has not been connected properly.

Swipe the magnet – the lights will flash 3 times slowly and then flash 0 to 6 times as follows to indicate the state of health of the batteries as follows; if lowest battery voltage in last 24hrs is:
> >=12.6V flash 6 times, system is fully charged and healthy > >=12.4V flash 5 times, system is >75% charged and healthy > >=12.2V flash 4 times, system >50% charged and may need attention depending on exposure and weather
> >=12.0V flash 3 times, system is >25% charged but struggling to maintain healthy charging of batteries
> >=11.91V flash 2 times, system is close to shutting down to protect batteries from over discharge > <=11.90V flash 1 time, system will likely have shut down sometime in last 24 hours > If system is currently in low voltage disconnect mode (LVD) flash 0 times, system is in LVD protection mode and LEDs will not turn on until batteries have been sufficiently recharged.

Activating the self-test is the best way to ensure the wiring is completed correctly. The LEDs must flash – if they do not flash, there is a problem with the system wiring.

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Troubleshooting at Installation
There are two specific issues that can result in the system not functioning at the initial installation: 1) System wiring – system is not wired exactly as detailed in the wiring diagram, or 2) Faulty Component(s) – one or more of the system components is faulty.

In most cases it is an issue with the system wiring – it is extremely rare to have out of the box component failures.

As detailed above, at initial system power-up the “self-test” must be activated by swiping a magnet at the location indicated. ALL of the system LEDs will then execute a series of flashes to indicate that the system wiring is correct and provide the state of health of the batteries.

If ANY of the LEDs do not flash at all – either they stay completely OFF or solid ON during the test but do not flash, then there is an LED wiring fault. The LED wiring needs to be traced and compared to the system wiring diagram.

Each of the Urban Solar LEDs has three (3) wires:
(+) Red = positive battery
(-) Black = negative battery
White = PWM dimming control wire
The Red and Black wires provide a constant 12V DC to the LEDs. The White PWM wire controls the dimming and also turns the LED off. It is the White PWM control wire that provides the “flashing” signal to the LEDs when the self-test is enabled. If the White wire is not connected the LEDs will stay solid ON at full brightness 24hours/day regardless of solar panel voltage, and this will kill the batteries very quickly. (Note: In some systems where a 3 rd
party LED is used there will on be 2 wires connected to the LED – in this the LED driver and PWM control signal wire will typically be located inside the ECM).

All wires need to be connected properly – if not the self-test will fail.

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If the self-test fails, REMOVE ALL fuses and TURN OFF ALL CIRCUIT BREAKERS, then check all LED fuses and wiring for proper polarity and integrity of connections – refer to the wiring diagram! Initiate the power up sequence and run the self-test again. If the self-test fails DO NOT leave the system connected – remove ALL fuses, turn off ALL breakers, and contact Urban Solar for assistance.

Troubleshooting Installed Systems
Occasionally there will be systems that worked at the initial installation but then after some time in service an issue arises that causes a system outage. There are several possibilities:
> Batteries are low or dead
> System was not wired properly at initial installation > Poor solar exposure
> Vandalism
> Faulty component(s)
In most cases the system failure is attributed to poor solar exposure or faulty wiring. Occasionally systems are damaged by vandalism of the solar panels or LEDs. Many of these issues also lead to dead batteries – for example if the system is installed in a bad solar location with significant shading from trees and/or buildings the batteries will be run down and eventually will die.

If systems have good solar exposure but the batteries are 3+ years in service, it is possible that batteries are nearing or at end of life and require replacement.

Perform the following checks and record findings:

1. Visual Inspection of System Components
Is there an obvious issue with damaged panels/LEDs/batteries/system wiring or other system component? Yes – Repair and/or contact Urban Solar for assistance.

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No – Continue to next step.

2. System self-test. Swipe the magnet to initiate the system self-test.

Did ALL of the system LEDs flash at least 3 times?
Yes – System is working and LEDs are wired correctly.

Run the self-test again and record how many flashes: Swipe the magnet – the lights will flash 3 times slowly and then flash 0 to 6 times as follows to indicate the state of health of the batteries as follows; if lowest battery voltage in last 24hrs is:
> >=12.6V flash 6 times, system is fully charged and healthy. > >=12.4V flash 5 times, system is >75% charged and healthy. > >=12.2V flash 4 times, system is >50% charged and may need attention depending on exposure/weather.
> >=12.0V flash 3 times, system is >25% charged but struggling to maintain healthy charging of batteries.
> >=11.91V flash 2 times, system is close to shutting down to protect batteries from over discharge. > <=11.90V flash 1 time, system will likely have shut down sometime in last 24hours. > = LVD flash 0 times - If system is currently in low voltage disconnect mode (LVD) flash 0 times, system is in LVD protection mode and LEDs will not turn on until batteries have been sufficiently recharged.

Did the self-test indicate that the system is currently in LVD – i.e. 3 flashes followed by zero flashes? Yes – the system is in a state of low battery voltage and has disconnected power to the LEDs to protect the batteries from further discharge. This is due to either 1) insufficient solar exposure, or 2) batteries are at end of life and need to be replaced.

No – there was at least one flash after the initial 3 flashes – then the system is working as expected – number of flashes indicate battery state of health.

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Is there significant shading of the solar panels? Are they shaded by trees and/or buildings for more than half of the day?
Yes – the site may not be suitable for solar – contact Urban Solar for advice.

No – batteries may be at end of life – record installation date and contact Urban Solar for advice.

Is the solar connected? Is the polarity correct? Is the solar fuse blown? Double check all solar connections and fuses.

No – none of the LEDs flashed at all during the self-test.

Check the battery voltage using a hand-held multi meter.

Is the battery voltage > 11.0 volts?
No – batteries are dead and will likely need to be replaced. Replace batteries and continue to next step.

Yes – batteries are OK and self-test should work.

Turn OFF all circuit breakers and remove and check ALL fuses.

Are Any fuses blown?
Yes – replace fuses and run self-test again.

No – skip to next step
Check LED wiring and connections and check/replace all fuses.

Turn ON all breakers and run the self-test again.

Did self-test work?
No – contact Urban Solar for assistance.

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Yes – if batteries are healthy and the solar panels have good exposure to sunlight then the system should work fine. It may take a few days for the batteries to recharge fully or batteries may be replaced depending on age.

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Maintenance
Although the system is designed to be maintenance free, optimal performance requires clean solar panels and lenses. Clean on an annual basis or as required. Use water and a soft sponge or cloth for cleaning and a mild, non-abrasive cleaning agent for more stubborn residue. Rinse well.

Perform the system self-test to verify system is working properly.

Batteries
Be cautious when handling the battery pack. It is capable of generating hazardous short-circuit currents. Remove all jewelry (bracelets, metal-strap watches, rings) before attempting to handle or disassemble the battery pack. Contact Urban Solar if further instruction is required.

Contact and Re-order Information
If you have any questions or feedback, we would like to hear from you. Please visit our website or feel free to contact us directly at 778-430-5516 or [email protected] Urban Solar Corporation
#5-515 Dupplin Road
Victoria, BC Canada, V8Z 1C2
www.urbansolarcorp.com
Urban Solar (USA) Tolar Manufacturing
1880 SW Merlo Dr 258 Mariah Circle
Beaverton, Oregon, USA, 97003 Corona, California USA,92879 503-356-5516
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EXHIBIT “B”

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Diamond Bar City CouncilNovember 15, 2022

Diamond Bar City Council
November 15, 2022