Agenda packet — Diamond Bar City Council, June 17, 2025 (part 2 of 2)

CITY NEWSLETTER - 4 PAGE ISSUE
City of Diamond Bar
Request for 3URSRVDO - BLG6KHHW
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CITY NEWSLETTER - 6 PAGE ISSUE
Day & Nite Printing
20268 Carrey Rd., Walnut, CA 91789
$2,788.40 $11,153.60
$264.90 $1,059.59
$220.00 $880.00
$3,273.30 $13,093.19
$123.93
$4,348.84 $21,744.20
$413.14 $2,065.70
$220.00 $1,100.00
$4,981.98 $24,909.90
$193.28
Yamit Ratanjee
909.595.1108 [email protected]
$11.77
$50.00
$350.76
$3,809.76
$47.09
$200.00
$1,403.04
$15,239.04
$18.36
$50.00
$350.76
$5,594.38
$966.41
$91.81
$250.00
$1,753.80
$27,971.92
$495.72

5.9.a
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Description Quantity Monthly Price 3 Month Total
32 Page Recreation Guide 22,500
Sales Tax
Post Office Deliver Fee
Total Cost
Additonal Copies ,00
Sales Tax
City Hall Delivery Fee
Mailing Services Fee
Total Cost
Annual Grand Total
Description Each/Days
How many proofs included?
Cost for additional proof?
Timeline for delivery to post office
after final approval for newsletter
Total Cost
Representative Signature Date

Page 2 of 2 ends

ADDITIONAL FEES FOR NEWSLETTER
Grand total must include all fees, including additonal copies, sales tax, delivery, and mailing charges.

City of Diamond Bar
Request for3URSRVDO- BLG6KHHW
Printing and Mailing of City Newsletter and Recreation Guide Deadline for submissions: DP, 0D\, 202
CITY NEWSLETTER - 32 PAGE ISSUE
$10,779.64 $32,338.92
$1,024.07 $3,072.20
$220.00 $660.00
$12,023.71 $36,071.12
$479.10
$82,058.18
2 proofs/ 1 day
$50
7-10 Business Days
$50
$45.51
$50.00
$350.76
$12,949.07
$1,437.29
$136.54
$150.00
$1,052.28
$38,847.22
5/2/25

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City of Diamond Bar
City of Diamond Bar
21810 Copley Drive
Diamond Bar, CA 91765
Attn: Cecilia Arellano, Community Relations Manager
RE: Proposal Submission – Printing and Mailing of City Newsletter and Recreation Guide (FY26) 05/07/2025 10:00 AM (PDT)
Cover Letter
Dear Ceceilia Arellano,
The Dot Printer is pleased to submit our proposal in response to the City of Diamond Bar’s Request for Proposals for the printing and mailing of its City Newsletter and Recreation Guide for FY2025-26. With more than 45 years of experience delivering high-quality print, mail, and fulfillment services throughout California, our team is well-equipped to provide dependable, accurate, and cost-effective solutions tailored to your publication needs.

We have extensive experience serving public-sector clients, including cities and state agencies, and we understand the importance of timeliness, and accuracy. Our in-house capabilities span digital and offset printing, full-service bindery, targeted mailing, and logistics—all backed by certifications such as FSC, HITRUST, and FDA registration, ensuring the highest level of quality and compliance.

We have completed the attached bid sheet in accordance with the RFP specifications and are confident in our ability to meet the City’s expectations for quality, cost, and service. Our proposal includes competitive pricing, reliable turnaround times, and a dedicated project team to ensure smooth execution.

We appreciate the opportunity to be considered and welcome any questions or requests for further clarification.

Sincerely,
Eriq Zazueta
Business Development Representative

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Vendor
Address
Representative Name
Phone Email
Description Quantity Monthly Price 4 Month Total
4 Page Newsletter 22,500
Sales Tax
Post Office Deliver Fee
Total Cost
Additonal Copies 1,000
Sales Tax
City Hall Delivery Fee
Mailing Services Fee
Total Cost
Description Quantity Monthly Price 5 Month Total
6 Page Newsletter 22,500
Sales Tax
Post Office Deliver Fee
Total Cost
Additonal Copies 1,000
Sales Tax
City Hall Delivery Fee
Mailing Services Fee
Total Cost

Page 1 of 2 ends

CITY NEWSLETTER - 4 PAGE ISSUE
City of Diamond Bar
Request for Proposal - Bid Sheet
Printing and Mailing of City Newsletter and Recreation Guide Deadline for submissions: 10 a.m., May 7, 2025
CITY NEWSLETTER - 6 PAGE ISSUE

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Packet Pg. 172
Description Quantity Monthly Price 3 Month Total
32 Page Recreation Guide 22,500
Sales Tax
Post Office Deliver Fee
Total Cost
Additonal Copies 3,500
Sales Tax
City Hall Delivery Fee
Mailing Services Fee
Total Cost
Annual Grand Total
Description Each/Days
How many proofs included?
Cost for additional proof?
Timeline for delivery to post office
after final approval for newsletter
Total Cost
Representative Signature Date

Page 2 of 2 ends

ADDITIONAL FEES FOR NEWSLETTER
Grand total must include all fees, including additonal copies, sales tax, delivery, and mailing charges.

City of Diamond Bar
Request for Proposal - Bid Sheet
Printing and Mailing of City Newsletter and Recreation Guide Deadline for submissions: 10 a.m., May 7, 2025
CITY NEWSLETTER - 32 PAGE ISSUE

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Agenda #: 5.10
Meeting Date: June 17, 2025
TO: Honorable Mayor and Members of the City Council
FROM: Daniel Fox, City Manager
TITLE: FIRST AMENDMENT TO THE CONSULTANT SERVICES

AGREEMENT WITH SIMPSON ADVERTISING FOR GRAPHIC
DESIGN SERVICES THROUGH JUNE 30, 2027.

STRATEGIC
GOAL: Open, Engaged & Responsive Government
RECOMMENDATION:

Approve and authorize the City Manager to sign the First Amendment to the Consultant Services Agreement with Simpson Advertising extending the terms of service for two years through June 30, 2027.

FINANCIAL IMPACT:

There are sufficient appropriated funds for this expenditure in the Fiscal Year 25/26 Community Relations adopted Budget.

BACKGROUND:

On July 18, 2023, the City and Simpson Advertising entered into a two-year consultant services agreement, with two optional two-year amendments, for specialty graphic design services. The total not-to-exceed compensation set forth in Section 3 of the original two-year agreement was $131,670. This two-year Amendment No. 1 provides for an increase of $131,670 for a total not-to-exceed compensation for the amended contract of $263,340.

Since 2004, the City has used Simpson Advertising to assist with the production of various informational and marketing materials that include the City’s monthly newsletter and seasonal recreation guide; the annual Calendar and Services Guide and street sweeping schedule; brochures, ads and flyers to promote the Diamond Bar Center and general economic development opportunities; and handouts and guides to inform the community of key City services and code enforcement matters.

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During the more than two decades that the City has contracted with Simpson for graphic design support, staff has been very pleased with the consistently professional, highquality work product and its highly responsive, flexible and collaborative service style.

PREPARED BY:

REVIEWED BY:

Attachments:

1. 5.10.a Simpson First Amendment

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1450782.1

FIRST AMENDMENT
TO

CONSULTANT SERVICES AGREEMENT
This First Amendment to Consultant Services Agreement (“First Amendment”) is made and entered into as of July 1, 2025, by and between the City of Diamond Bar, a municipal corporation (“City”), and Simpson Advertising, Inc., a California Corporation (herein referred to as the “Consultant”) with reference to the following:

A. The City and the Consultant entered into that certain Consultant Services Agreement dated as of July 1, 2023 for the provision of graphic design services, which is incorporated herein by this reference (the “Original Agreement”); and B. The City and the Consultant desire to amend the Original Agreement as provided herein.

NOW, THEREFORE, the parties agree as follows:

1. Defined Terms. Except as otherwise defined herein, all capitalized terms used herein shall have the meanings set forth for such terms in the Original Agreement.

2. Compensation. The not-to-exceed compensation set forth in Section 3 of the Original Agreement, was the sum of one hundred thirty-one thousand, six hundred seventy dollars ($131,670). This First Amendment amends Section 3 of the Original Agreement to provide for a total not-to-exceed compensation in the sum of one hundred thirty-one thousand, six hundred seventy dollars ($131,670) without the prior authorization of the City.

3. Integration. This First Amendment and all attachments hereto (if any) integrate all of the terms and conditions mentioned herein, and supersede all prior negotiations between the parties with respect hereto. This First Amendment amends, as set forth herein, the Original Agreement and except as specifically amended hereby, the Original Agreement shall remain in full force and effect.

To the extent that there is any conflict or inconsistency between the terms and provisions of this First Amendment and the terms and provisions of the Agreement, the terms and provisions of this First Amendment shall control.

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IN WITNESS hereof, the parties enter into this First Amendment on the year and day first above written.
“Consultant” “City”
Simpson Advertising, Inc. City of Diamond Bar
*By: By:

Printed Name: Dan Fox, City Manager
Title:
*By: ATTEST:

Printed Name:

Title:

Kristina Santana, City Clerk
Approved as to form:

Omar Sandoval, City Attorney
*NOTE:If Consultant is a corporation, the City requires the following signature(s):
-- (1) the Chairman of the Board, the President or a Vice-President, AND (2) the Secretary, the Chief Financial Officer, the Treasurer, an Assistant Secretary or an Assistant Treasurer. If only one corporate officer exists or one corporate officer holds more than one corporate office, please so indicate. OR
-- The corporate officer named in a corporate resolution as authorized to enter into this Agreement. A copy of the corporate resolution, certified by the Secretary close in time to the execution of the Agreement, must be provided to the City.

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Agenda #: 5.11
Meeting Date: June 17, 2025
TO: Honorable Mayor and Members of the City Council
FROM: Daniel Fox, City Manager
TITLE: CONSULTANT SERVICES AGREEMENT WITH BCT
ENTERTAINMENT, INC. FOR THE PURCHASE OF A NEW AUDIOVISUAL SYSTEM IN THE DIAMOND BAR CENTER BALLROOM WITH CONFIGURATION AND INSTALLATION SERVICES.

STRATEGIC
GOAL: Responsible Stewardship of Public Resources
RECOMMENDATION:

Approve, and authorize the City Manager to sign, a Consultant Services Agreement with BCT Entertainment, Inc. for the purchase of a new Audio-Visual System in the Diamond Bar Center Ballroom with configuration and installation services in the not-to-exceed amount of $162,007.07, plus a contingency amount of $32,392.93 for Contract Change Orders for a total authorization amount of $194,400.00.

FINANCIAL IMPACT:

The total not-to-exceed amount set forth in the Consulting Services Agreement for a new Audio-Visual System in the Diamond Bar Center Grand View Ballroom with configuration and installation services is $194,400.00, including contingency. Sufficient funds are included in the FY 2024/25 budget for such services.

BACKGROUND:

The Diamond Bar Center Grand View Ballroom is utilized by our constituents, staff, and private rentals on a daily basis for a variety of professional seminars, birthdays, BINGO, weddings, and many other activities. This use includes technological features such as microphones, speakers, stage lights, display screens, camera, touch screen control and an overhead projector. The use of this equipment by facility renters does require an event package for an additional fee leading to additional facility revenue and a renter’s reasonable expectation of operational equipment.

The Diamond Bar Center Ballroom currently has outdated Crestron Audio Visual system

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originally installed in 2004. All AV equipment is obsolete and replacement parts have become difficult or impossible to find new or used. The current arrangement consists of system control equipment, signal distribution equipment, audio equipment, display equipment and stage lighting. The current Audio-visual system has reached the end of its useful life.

The City invited proposals from qualified firms to provide a new Audio Visual System.

Services will be provided for and administered through the Information Systems Department.

ANALYSIS:

Consistent with the purchasing ordinance, the City publicly solicited bids, 12 vendors participated in the Mandatory site walk and 10 vendors submitted a bid. The final cost proposal from each bidder is listed below:

Bidder Proposed Cost
BCT Entertainment $162,007.07
INA LED US, INC. $167,407.12
TV Pro Gear, Inc $237,626.00
Solutionz Inc. $238,252.02
AKJOHNSTON $252,225.00
Western Audio Visual $259,547.12
EIDIM Group, Inc. dba EIDIM
AV Technology
$268,893.74
Artistic Resources Corp $283,151.00
COA Associates LLC $298,913.18
VACT Inc. $309,229.83
Upon review of all bid responses, staff has determined that BCT Entertainment, Inc. is the lowest cost responsible bidder. The bid response from BCT Entertainment, Inc. has been reviewed by staff for pricing and compliance, finding that the bid is competitively priced, and meets all requirements of the RFP and the City’s purchasing policy.

LEGAL REVIEW:

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

PREPARED BY:

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REVIEWED BY:

Attachments:

1. 5.11.a Consulting Services Agreement BCT Entertainment inc

2. 5.11.b Cost Proposal

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1450836.1

CONSULTANT SERVICES AGREEMENT
THIS AGREEMENT (the "Agreement") is made as of June 17, 2025 by and between the City of Diamond Bar, a municipal corporation ("City") and BCT Entertainment Inc., a California corporation; ("Consultant").

1. Consultant's Services.

Subject to the terms and conditions set forth in this Agreement Consultant shall provide to the reasonable satisfaction of the City the Installation of a new AudioVisual System services set forth in the attached Exhibit "A", which is incorporated herein by this reference. As a material inducement to the City to enter into this Agreement, Consultant represents and warrants that it has thoroughly investigated the work and fully understands the difficulties and restrictions in performing the work.

Consultant represents that it is fully qualified to perform such consulting services by virtue of its experience and the training, education and expertise of its principals and employees.

Ken Desforges, Director of Information Systems (herein referred to as the “City’s Project Manager”), shall be the person to whom the Consultant will report for the performance of services hereunder. It is understood that Consultant shall coordinate its services hereunder with the City’s Project Manager to the extent required by the City’s Project Manager, and that all performances required hereunder by Consultant shall be performed to the satisfaction of the City’s Project Manager and the City Manager

2. Term of Agreement. This Agreement shall take effect June 17, 2025, and shall continue until Work is completed ("Term"), unless earlier terminated pursuant to the provisions herein.

3. Compensation. City agrees to compensate Consultant for each service which Consultant performs to the satisfaction of City in compliance with the scope of services set forth in Exhibit "A". Payment will be made only after submission of proper invoices in the form specified by City. Total payment to Consultant pursuant to this Agreement shall not exceed One Hundred ninety four thousand four hundred dollars and zero cents ($194,400.00) without the prior written consent of the City. The above not to exceed amount shall include all costs, including, but not limited to, all clerical, administrative, overhead, telephone, travel and all related expenses.

4. Payment.

A. As scheduled services are completed, Consultant shall submit to City an invoice for the services completed, authorized expenses and authorized extra work actually performed or incurred.

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B. All such invoices shall state the basis for the amount invoiced, including services completed, the number of hours spent and any extra work performed.

C. City will pay Consultant the amount invoiced the City will pay Consultant the amount properly invoiced within 35 days of receipt, but may withhold 30% of any invoice until all work is completed, which sum shall be paid within 35 days of completion of the work and receipt of all deliverables.

D. Payment shall constitute payment in full for all services, authorized costs and authorized extra work covered by that invoice.

5. Change Orders. No payment for extra services caused by a change in the scope or complexity of work, or for any other reason, shall be made unless and until such extra services and a price therefore have been previously authorized in writing and approved by the City Manager or his designee as an amendment to this Agreement.

The amendment shall set forth the changes of work, extension of time, if any, and adjustment of the fee to be paid by City to Consultant.

6. Priority of Documents. In the event of any inconsistency between the provisions of this Agreement and any attached exhibits, the provisions of this Agreement shall control.

7. Status as Independent Contractor.

A. Consultant is, and shall at all times remain as to City, a wholly independent contractor. Consultant shall have no power to incur any debt, obligation, or liability on behalf of City or otherwise act on behalf of City as an agent, except as specifically provided herein. Neither City nor any of its agents shall have control over the conduct of Consultant or any of Consultant's employees, except as set forth in this Agreement. Consultant shall not, at any time, or in any manner, represent that it or any of its agents or employees are in any manner employees of City.

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

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

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D. Consultant shall, at Consultant’s sole cost and expense fully secure and comply with all federal, state and local governmental permit or licensing requirements, including but not limited to the City of Diamond Bar, South Coast Air Quality Management District, and California Air Resources Board.

E. In addition to any other remedies it may have, City shall have the right to offset against the amount of any fees due to Consultant under this Agreement any amount due to City from Consultant as a result of Consultant's failure to promptly pay to City any reimbursement or indemnification required by this Agreement or for any amount or penalty levied against the City for Consultant’s failure to comply with this Section.

8. Standard of Performance. Consultant shall perform all work at the standard of care and skill ordinarily exercised by members of the profession under similar conditions and represents that it and any subcontractors it may engage, possess any and all licenses which are required to perform the work contemplated by this Agreement and shall maintain all appropriate licenses during the performance of the work.

9. Indemnification.

Consultant shall indemnify, defend with counsel approved by City, and hold harmless City, its officers, officials, employees and volunteers ("Indemnitees") from and against all liability, loss, damage, expense, cost (including without limitation reasonable attorneys' fees, expert fees and all other costs and fees of litigation) of every nature arising out of or in connection with:
(1) Any and all claims under Workers’ Compensation Act and other employee benefit acts with respect to Consultant’s employees or Consultant’s contractor’s employees arising out of Consultant’s work under this Agreement; and
(2) Any and all claims arising out of Consultant's performance of work hereunder or its failure to comply with any of its obligations contained in this Agreement, regardless of City’s passive negligence, but excepting such loss or damage which is caused by the sole active negligence or willful misconduct of the City. Should City in its sole discretion find Consultant’s legal counsel unacceptable, then Consultant shall reimburse the City its costs of defense, including without limitation reasonable attorneys' fees, expert fees and all other costs and fees of litigation. The Consultant shall promptly pay any final judgment rendered against the Indemnitees. It is expressly understood and agreed that the foregoing provisions are intended to be as broad and inclusive as is permitted by the law of the State of California and will survive termination of this Agreement. Except for the Indemnitees, this Agreement shall not be construed to extend to any third party indemnification rights of any kind.

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(3) The Consultant's obligations to indemnify, defend and hold harmless the City shall survive termination of this Agreement.

10. Insurance.

A. Consultant shall at all times during the term of this Agreement carry, maintain, and keep in full force and effect, with an insurance company authorized to do business in the State of California and approved by the City the following insurance:
(1) a policy or policies of broad-form comprehensive general liability insurance written on an occurrence basis with minimum limits of $1,000,000.00 combined single limit coverage against any injury, death, loss or damage as a result of wrongful or negligent acts by Consultant, its officers, employees, agents, and independent contractors in performance of services under this Agreement; (2) property damage insurance with a minimum limit of $500,000.00 per occurrence;
(3) automotive liability insurance written on an occurrence basis covering all owned, non-owned and hired automobiles, with minimum combined single limits coverage of $1,000,000.00; 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 City, its officers, employees, agents, and volunteers shall be named as additional insureds on the policies as to comprehensive general liability, property damage, and automotive liability. The policies as to comprehensive general liability, property damage, and automobile liability shall provide that they are primary, and that any insurance maintained by the City shall be excess insurance only.

C. All insurance policies shall provide that the insurance coverage shall not be non-renewed, canceled, reduced, or otherwise modified (except through the addition of additional insureds to the policy) by the insurance carrier without the insurance carrier giving City at least ten (10) days prior written notice thereof. Consultant agrees that it will not cancel, reduce or otherwise modify the insurance coverage and in the event of any of the same by the insurer to immediately notify the City.

D. All policies of insurance shall cover the obligations of Consultant pursuant to the terms of this Agreement and 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. Consultant shall submit to City (1) insurance certificates indicating compliance with the minimum insurance requirements above, and (2) insurance policy

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endorsements or a copy of the insurance policy evidencing the additional insured requirements in this Agreement, in a form acceptable to the City.

F. Self-Insured Retention/Deductibles. All policies required by this Agreement shall allow City, as additional insured, to satisfy the self-insured retention (“SIR”) and/or deductible of the policy in lieu of the Consultant (as the named insured) should Consultant fail to pay the SIR or deductible requirements. The amount of the SIR or deductible shall be subject to the approval of the City. Consultant understands and agrees that satisfaction of this requirement is an express condition precedent to the effectiveness of this Agreement. Failure by Consultant as primary insured to pay its SIR or deductible constitutes a material breach of this Agreement. Should City pay the SIR or deductible on Consultant’s due to such failure in order to secure defense and indemnification as an additional insured under the policy, City may include such amounts as damages in any action against Consultant for breach of this Agreement in addition to any other damages incurred by City due to the breach.

G. Subrogation. With respect to any Workers' Compensation Insurance or Employer's Liability Insurance, the insurer shall waive all rights of subrogation and contribution it may have against the Indemnitees.

H. Failure to Maintain Insurance. If Consultant fails to keep the insurance required under this Agreement in full force and effect, City may take out the necessary insurance and any premiums paid, plus 10% administrative overhead, shall be paid by Consultant, which amounts may be deducted from any payments due Consultant.

I. Consultant shall include all subcontractors, if any, as insureds under its policies or shall furnish separate certificates and endorsements for each subcontractor to the City for review and approval. All insurance for subcontractors shall be subject to all of the requirements stated herein.

11. Confidentiality. Consultant in the course of its duties may have access to confidential data of City, private individuals, or employees of the City. Consultant covenants that all data, documents, discussion, or other information developed or received by Consultant or provided for performance of this Agreement are deemed confidential and shall not be disclosed by Consultant without written authorization by City. City shall grant such authorization if disclosure is required by law. All City data shall be returned to City upon the termination of this Agreement. Consultant's covenant under this section shall survive the termination of this Agreement. Notwithstanding the foregoing, to the extent Consultant prepares reports of a proprietary nature specifically for and in connection with certain projects, the City shall not, except with Consultant's prior written consent, use the same for other unrelated projects.

12. Ownership of Materials. Except as specifically provided in this Agreement, all materials provided by Consultant in the performance of this Agreement shall be and remain the property of City without restriction or limitation upon its use or dissemination by City. Consultant may, however, make and retain such copies of said documents and materials as Consultant may desire.

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13. Maintenance and Inspection of Records. In accordance with generally accepted accounting principles, Consultant and its subcontractors shall maintain reasonably full and complete books, documents, papers, accounting records, and other information (collectively, the “records”) pertaining to the costs of and completion of services performed under this Agreement. The City and any of their authorized representatives shall have access to and the right to audit and reproduce any of Consultant's records regarding the services provided under this Agreement. Consultant shall maintain all such records for a period of at least three (3) years after termination or completion of this Agreement. Consultant agrees to make available all such records for inspection or audit at its offices during normal business hours and upon three (3) days' notice from the City, and copies thereof shall be furnished if requested.

14. Conflict of Interest.

A. Consultant covenants that it presently has no interest and shall not acquire any interest, direct or indirect, which may be affected by the services to be performed by Consultant under this Agreement, or which would conflict in any manner with the performance of its services hereunder. Consultant further covenants that, in performance of this Agreement, no person having any such interest shall be employed by it. Furthermore, Consultant shall avoid the appearance of having any interest which would conflict in any manner with the performance of its services pursuant to this Agreement.

B. Consultant covenants not to give or receive any compensation, monetary or otherwise, to or from the ultimate vendor(s) of hardware or software to City as a result of the performance of this Agreement. Consultant's covenant under this section shall survive the termination of this Agreement.

15. Termination. The City may terminate this Agreement with or without cause upon fifteen (15) days' written notice to Consultant. The effective date of termination shall be upon the date specified in the notice of termination, or, in the event no date is specified, upon the fifteenth (15th) day following delivery of the notice. In the event of such termination, City agrees to pay Consultant for services satisfactorily rendered prior to the effective date of termination. Immediately upon receiving written notice of termination, Consultant shall discontinue performing services, unless the notice provides otherwise, except those services reasonably necessary to effectuate the termination. The City shall be not liable for any claim of lost profits.

16. Reserved

17. Non-Discrimination and Equal Employment Opportunity.

A. Consultant shall not discriminate as to race, color, creed, religion, sex, marital status, national origin, ancestry, age, physical or mental handicap, medical condition, or sexual orientation, in the performance of its services and duties pursuant to this Agreement, and will comply with all rules and regulations of City relating thereto.

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Such nondiscrimination shall include but not be limited to the following: employment, upgrading, demotion, transfers, recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship.

B. Consultant will, in all solicitations or advertisements for employees placed by or on behalf of Consultant state either that it is an equal opportunity employer or that all qualified applicants will receive consideration for employment without regard to race, color, creed, religion, sex, marital status, national origin, ancestry, age, physical or mental handicap, medical condition, or sexual orientation.

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

18. Reserved

19. Time Is of the Essence. Time is of the essence in this Agreement.

Consultant shall do all things necessary and incidental to the prosecution of Consultant's work.

20. Reserved

21. Delays and Extensions of Time. Consultant's sole remedy for delays outside its control shall be an extension of time. No matter what the cause of the delay, Consultant must document any delay and request an extension of time in writing at the time of the delay to the satisfaction of City. Any extensions granted shall be limited to the length of the delay outside Consultant’s control. If Consultant believes that delays caused by the City will cause it to incur additional costs, it must specify, in writing, why the delay has caused additional costs to be incurred and the exact amount of such cost within 10 days of the time the delay occurs. No additional costs can be paid that exceed the not to exceed amount absent a written amendment to this Agreement. In no event shall the Consultant be entitled to any claim for lost profits due to any delay, whether caused by the City or due to some other cause.

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

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

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the making by City of any payment to Consultant constitute or be construed as a waiver by City of any breach of covenant, or any default which may then exist on the part of Consultant, and the making of any such payment by City shall in no way impair or prejudice any right or remedy available to City with regard to such breach or default.

25. Reserved

26. Mediation. Any dispute or controversy arising under this Agreement, or in connection with any of the terms and conditions hereof, which cannot be resolved by the parties, may be referred by the parties hereto for mediation. A third party, neutral mediation service shall be selected, as agreed upon by the parties and the costs and expenses thereof shall be borne equally by the parties hereto. The parties agree to utilize their good faith efforts to resolve any such dispute or controversy so submitted to mediation. It is specifically understood and agreed by the parties hereto that mutual good faith efforts to resolve the same any dispute or controversy as provided herein, shall be a condition precedent to the institution of any action or proceeding, whether at law or in equity with respect to any such dispute or controversy.

27. Notices. Any notices, bills, invoices, or reports required by this Agreement shall be deemed received on (a) the day of delivery if delivered by hand during regular business hours or by facsimile before or during regular business hours; or (b) on the third business day following deposit in the United States mail, postage prepaid, to the addresses heretofore set forth in the Agreement, or to such other addresses as the parties may, from time to time, designate in writing pursuant to the provisions of this section.
“CONSULTANT” “CITY”
BCT Entertainment, Inc. City of Diamond Bar
1281 N. La Loma Circle 21810 Copley Drive
Anaheim, CA 92806 Diamond Bar, CA 91765-4178
Attn.: Chad Brook Attn.: Ken Desforges
Phone: (714) 237-9270 Phone: (909) 839-7080
E-Mail: [email protected] E-mail: [email protected]

28. Governing Law. This Agreement shall be interpreted, construed and enforced in accordance with the laws of the State of California. The venue for any action brought under this Agreement shall be in Los Angeles County.

29. Counterparts. This Agreement may be executed in any number of counterparts, each of which shall be deemed to be the original, and all of which together shall constitute one and the same instrument.

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9 Professional Services – Non Design
1450836.1
nor any provision or breach hereof waived, except in a writing signed by the parties which expressly refers to this Agreement. Amendments on behalf of the City will only be valid if signed by a person duly authorized to do so under the City's Purchasing Ordinance.

IN WITNESS of this Agreement, the parties have executed this Agreement as of the date first written above.
"Consultant" "City"
BCT Entertainment, Inc. CITY OF DIAMOND BAR
By: ______ By: ____
Printed Name: Chad Brook Dan Fox, City Manager
Title: President

By: ATTEST:

Printed Name:

Title:

Kristina Santana, City Clerk

Approved as to form:

By:____
Omar Sandoval, City Attorney
*NOTE: If Consultant is a corporation, the City requires the following signature(s):
-- (1) the Chairman of the Board, the President or a Vice-President, AND (2) the Secretary, the Chief Financial Officer, the Treasurer, an Assistant Secretary or an Assistant Treasurer. If only one corporate officer exists or one corporate officer holds more than one corporate office, please so indicate. OR
-- The corporate officer named in a corporate resolution as authorized to enter into this Agreement. A copy of the corporate resolution, certified by the Secretary close in time to the execution of the Agreement, must be provided to the City.

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Exhibit A:

BCT Entertainment, Inc. Bid Response

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Audio Visual Design & Installation
BCT Entertainment
Proposal To:

City of Diamond Bar
For:

Diamond Bar Center AV Installation
June 4, 2025

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BCT Entertainment ABOUT US
Our Story
BCT Entertainment has been providing Audio, Video, Theatrical Lighting, and Control Systems to its clients for over 20 years. We specialize in designing, developing, and installing event industry solutions, whether they are permanent or temporary. If you're looking for top-quality event technology services, let's get started today....

Our Passion
BCT Entertainment is a broadcasting and media production company that offers technical production services which include pro audio, lighting, and staging rental. With years of experience designing high-impact events, BCT Entertainment has the ability to create customized lighting, sound, graphics, and staging for any occasion.

Our Team
Our team specializes in designing events that have a purpose behind them.

We can create a show that helps spread a message to the public, while also raising awareness for a cause. Our expertise lies in creating high-impact events, and we have years of experience to back it up. From lighting and sound to graphics and staging, we can design just about anything to make your event a success. This includes concerts and outside festivals that provide a complete and immersive experience for your audience.

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SYSTEM A TOTAL $25,810.91
SIGNAL DISTRO AND SWITCHING TOTAL $25,810.91

SIGNAL DISTRO AND SWITCHING

SYSTEM A

QTY DESCRIPTION PRICE PRICE EXT LABOR LABOR EXT TOTAL
1 $127.70 $127.70 $0.00 $0.00 $127.70
1 $3,289.76 $3,289.76 $0.00 $0.00 $3,289.76
1 $546.90 $546.90 $0.00 $0.00 $546.90
1 $144.36 $144.36 $0.00 $0.00 $144.36
1 $392.13 $392.13 $0.00 $0.00 $392.13
1 $355.35 $355.35 $0.00 $0.00 $355.35
1 $202.43 $202.43 $0.00 $0.00 $202.43
1 $924.23 $924.23 $0.00 $0.00 $924.23
1 $202.43 $202.43 $0.00 $0.00 $202.43
1 $8,360.00 $8,360.00 $8,360.00
1 $635.00 $635.00 $0.00 $0.00 $635.00
1 $80.00 $80.00 $0.00 $0.00 $80.00
1 $73.04 $73.04 $0.00 $0.00 $73.04
1 $2,569.77 $2,569.77 $0.00 $0.00 $2,569.77
1 $2,339.66 $2,339.66 $0.00 $0.00 $2,339.66
1 $2,827.42 $2,827.42 $0.00 $0.00 $2,827.42
1 $397.67 $397.67 $0.00 $0.00 $397.67
2 $141.37 $282.74 $0.00 $0.00 $282.74
1 $793.76 $793.76 $0.00 $0.00 $793.76
1 $656.67 $656.67 $0.00 $0.00 $656.67
1 $25.09 $25.09 $0.00 $0.00 $25.09
1 $584.80 $584.80 $0.00 $0.00 $584.80
QSC SLQUD-8N-P Q-SYS Core 8 Flex, Core Nano, NV-32-H (Core C… QSC CORE 110f-v2 Unified Core with 24 local audio I/O channels… QSC SLMST-110-P Q-SYS Core 110 license for Microsoft Teams R… QSC QIO-RMK Rack mount tray and blanking panels to mount u… QSC QIO-LVR4 Q-SYS peripheral providing 4 low-voltage relay p… QSC QIO-GP8x8 Q-SYS peripheral providing control expansion w… IPORT 72350 CONNECT PRO WallStation Black
Apple MV273LL/A iPAD Air 13in
IPORT 72326 CONNECT PRO CASE BLACK works with iPad Pro 12… QSC Programming
MSI CUBINUC1M010 Cubi NUC 1MG Mini PC
BCT Entertainment Materials Equipment Rack Hardware
Platinum Tools 661-24C6 Patch Panel 24 Port Cat6 NS 110 Box Netgear NET-GSM4248PX-100NAS AV Line M4250-40G8XF-PoE+ 4… Middle Atlantic WR-44-32 44SP/32D ROLLOUT ROT RACK
Middle Atlantic UPX-RLNK-1500R-2 1500VA 120V UPS RLNK BANK… Middle Atlantic RLNK-1615V 15A,16 OUT,IP CTRL VPS
Middle Atlantic UD1 1SP UTIL.DRAWER,BLACK
Middle Atlantic MW-4QFT-FC 4.5"(4)FAN/TOP W/FC M/W
Middle Atlantic RLNK-915R 15A,9 OUT,IP CTRL POWER
Middle Atlantic EB4 4SP FLANGED ECONO BLANK
BCT Entertainment Materials Equipment Rack Hardware
BCT Entertainment Confidential Proposal
Equipment prices include any required accessories. Labor 3 of 13 Version 1.0 June 4, 2025 prices include design, engineering, installation and
programming.

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SYSTEM A TOTAL $15,428.60
DISPLAY SYSTEM TOTAL $15,428.60

DISPLAY SYSTEM

SYSTEM A

QTY DESCRIPTION PRICE PRICE EXT LABOR LABOR EXT TOTAL
4 $876.54 $3,506.16 $0.00 $0.00 $3,506.16
1 $927.12 $927.12 $0.00 $0.00 $927.12
1 $1,748.99 $1,748.99 $0.00 $0.00 $1,748.99
1 $1,030.65 $1,030.65 $0.00 $0.00 $1,030.65
1 $267.21 $267.21 $0.00 $0.00 $267.21
1 $0.00 $0.00 $0.00 $0.00 $0.00
1 $0.00 $0.00 $0.00 $0.00 $0.00
1 $289.19 $289.19 $0.00 $0.00 $289.19
1 $318.10 $318.10 $0.00 $0.00 $318.10
1 $3,860.06 $3,860.06 $0.00 $0.00 $3,860.06
1 $3,481.12 $3,481.12 $0.00 $0.00 $3,481.12
Samsung BE65C-H 65IN BEC Series Commercial TV Crystal UHD Disp… Marshall Electronics ML-702-V2 Dual 7” 1920 x 1200 LCD 3RU Rack M… QSC NV-21-HU 4K60 4:4:4 Network Video Endpoint for Q-SYSEcosy… QSC NV-1-H-WE 4K60 4:4:4 HDMI Encoder for in-wall applications, i… Kramer Electronics VP-410 Composite Video & Stereo Audio to HDM… Epson V11HA96120LA OWNER FURNISHED PowerLite L775U 4KE Pr… Da-Lite 84329L OWNER FURNISHED ADVANTAGE 159D 78X139NPA M… PAG Custom Panel
PAG Custom Panel
QSC NC-12x80 12x Optical Zoom 80° Horizontal Field of View, PTZ N… QSC NV-32-H (Core Capable) 4K60 4:4:4 Network Video Endpoint fo… BCT Entertainment Confidential Proposal
Equipment prices include any required accessories. Labor 4 of 13 Version 1.0 June 4, 2025 prices include design, engineering, installation and
programming.

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SYSTEM A TOTAL $67,168.03
AUDIO SYSTEM TOTAL $67,168.03

AUDIO SYSTEM

SYSTEM A

QTY DESCRIPTION PRICE PRICE EXT LABOR LABOR EXT TOTAL
3 $6,163.74 $18,491.22 $0.00 $0.00 $18,491.22
8 $580.90 $4,647.20 $0.00 $0.00 $4,647.20
4 $541.91 $2,167.64 $0.00 $0.00 $2,167.64
1 $164.47 $164.47 $0.00 $0.00 $164.47
2 $268.06 $536.12 $0.00 $0.00 $536.12
2 $452.00 $904.00 $0.00 $0.00 $904.00
2 $635.03 $1,270.06 $0.00 $0.00 $1,270.06
2 $581.40 $1,162.80 $0.00 $0.00 $1,162.80
1 $0.00 $0.00 $0.00
1 $1,680.00 $1,680.00 $0.00 $0.00 $1,680.00
1 $10,400.00 $10,400.00 $10,400.00
12 $101.79 $1,221.48 $0.00 $0.00 $1,221.48
1 $3,112.78 $3,112.78 $0.00 $0.00 $3,112.78
1 $4,542.51 $4,542.51 $0.00 $0.00 $4,542.51
1 $785.71 $785.71 $0.00 $0.00 $785.71
4 $343.42 $1,373.68 $0.00 $0.00 $1,373.68
2 $418.42 $836.84 $0.00 $0.00 $836.84
4 $382.50 $1,530.00 $0.00 $0.00 $1,530.00
1 $1,227.64 $1,227.64 $0.00 $0.00 $1,227.64
14 $513.16 $7,184.24 $0.00 $0.00 $7,184.24
4 $367.10 $1,468.40 $0.00 $0.00 $1,468.40
4 $276.31 $1,105.24 $0.00 $0.00 $1,105.24
2 $678.00 $1,356.00 $0.00 $0.00 $1,356.00
Shure ULXD4Q=-G50 Quad Digital Wireless Receiver with intern… Shure ULXD2/SM58=-G50 Handheld Transmitter with SM58® Mi… Shure ULXD1=-G50 Digital Wireless Bodypack Transmitter with… Shure UA221 Passive Antenna Splitter/Combiner Kit. Includes … Shure UA8100 100' UHF Remote Antenna Extension Cable, BNC… Shure UA864US Wall-Mounted Wideband Antenna
JBL Professional PRX415M 15" two-way stage monitor or front… JBL Professional COL800-BK 32" Slim Column Speaker, four 5"… BCT Entertainment Installation Installation of (6) RDL Dual XLR… BCT Entertainment Materials Bulk Wire and Cabling
BCT Entertainment Installation Installation and Configuration Shure SB900B RECHARGEABLE BATTERY
QSC CX-Q 4K4 4-Channel 1000W/CH Q-SYS Network Amplifier, … QSC CX-Q 4K8 8-Channel 500W/CH Q-SYS Network Amplifier, L… RF Venue 4ZONE The 4 ZONE antenna combiner takes the comp… Shure SBC220 2 Bay Networked Docking Station
Shure SBC220-US 2 Bay Networked Docking Station
QSC AD-S6T-WH 6.5" Two-way surface speaker, 70/100V transf… QSC unD6IO-BT 4x2 Channel 2 Gang US, Dante/AES67 Wall Plate… QSC AD-C6T-HC 6.5" Two-way high ceiling, blind mount ceiling… QSC AD-S6-WH 6.5" Two-way surface speaker, 16Ω (no transfo… QSC AD-C6T-ZB-WH 6.5" Two-way ceiling speaker, 70/100V tran… Shure UA864US Wall-Mounted Wideband Antenna
BCT Entertainment Confidential Proposal
Equipment prices include any required accessories. Labor 5 of 13 Version 1.0 June 4, 2025 prices include design, engineering, installation and
programming.

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SYSTEM A TOTAL $6,438.62
CONTROL SYSTEM TOTAL $6,438.62

CONTROL SYSTEM

SYSTEM A

QTY DESCRIPTION PRICE PRICE EXT LABOR LABOR EXT TOTAL
1 $2,474.26 $2,474.26 $0.00 $0.00 $2,474.26
1 $127.70 $127.70 $0.00 $0.00 $127.70
1 $3,289.76 $3,289.76 $0.00 $0.00 $3,289.76
1 $546.90 $546.90 $0.00 $0.00 $546.90
QSC TSC-101-G3 Q-SYS 10.1” PoE Touch Screen Controller for In-Wa… QSC SLQUD-8N-P Q-SYS Core 8 Flex, Core Nano, NV-32-H (Core Cap… QSC CORE 110f-v2 Unified Core with 24 local audio I/O channels, 12… QSC SLMST-110-P Q-SYS Core 110 license for Microsoft Teams Roo… BCT Entertainment Confidential Proposal
Equipment prices include any required accessories. Labor 6 of 13 Version 1.0 June 4, 2025 prices include design, engineering, installation and
programming.

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SYSTEM A TOTAL $33,646.25
STAGE LIGHTING TOTAL $33,646.25

STAGE LIGHTING

SYSTEM A

QTY DESCRIPTION PRICE PRICE EXT LABOR LABOR EXT TOTAL
20 $689.30 $13,786.00 $0.00 $0.00 $13,786.00
20 $37.46 $749.20 $0.00 $0.00 $749.20
20 $10.59 $211.80 $0.00 $0.00 $211.80
4 $1,690.12 $6,760.48 $0.00 $0.00 $6,760.48
8 $44.79 $358.32 $0.00 $0.00 $358.32
4 $13.03 $52.12 $0.00 $0.00 $52.12
5 $61.07 $305.35 $0.00 $0.00 $305.35
6 $33.21 $199.26 $0.00 $0.00 $199.26
15 $46.54 $698.10 $0.00 $0.00 $698.10
1 $2,260.12 $2,260.12 $0.00 $0.00 $2,260.12
1 $60.26 $60.26 $0.00 $0.00 $60.26
1 $424.29 $424.29 $0.00 $0.00 $424.29
1 $1,406.91 $1,406.91 $0.00 $0.00 $1,406.91
28 $5.75 $161.00 $0.00 $0.00 $161.00
28 $36.18 $1,013.04 $0.00 $0.00 $1,013.04
1 $5,200.00 $5,200.00 $5,200.00
1 $0.00 $0.00 $0.00
ETC CSPAR ColorSource PAR, XLR, black
ETC SELRW-7.5 D40/CSPAR Wide Round Diffuser in Frame, black ETC 407CF Media/gel frame, 7.5 in / 190 mm, black
ETC CSLINEAR2 ColorSource Linear 2, XLR, black
ETC CSLWR.5 ColorSource Linear Wide round diffuser 0.5m ETC CSLDS ColorSource Linear diffusion spacer (connecting 0.5… ETC DPA-A powerCON to Edison, UL 1573, 5’
LEX Products DMX5PM-3PF 5 Pin DMX Male to 3 Pin Female
ADJ AC5PPCON6 - 5Pin DMX & Power Con link cables
ETC CS40 ColorSource 40 console
ETC CS40DC Dust cover CS40 and CS40AV console
Elation DMX10-53 DMX10-53; DMX A/B Split 1x10 XLR 5/3P 19 Doug Fleenor Design 221E-5 Two inputs, one output, isolated, 5… VerSales Safety Cable Lighting Fixture Safety Cable
VER VCL7009 2" Half Coupler with 1/2" Nut, Silver
BCT Entertainment Installation Address, Hang and Focus of new… BCT Entertainment Lift Rental 2 weeks with drop off and pick up BCT Entertainment Confidential Proposal
Equipment prices include any required accessories. Labor 7 of 13 Version 1.0 June 4, 2025 prices include design, engineering, installation and
programming.

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SYSTEM A TOTAL $1,500.00
REMOTE SUPPORT TIME BUCKET TOTAL $1,500.00

REMOTE SUPPORT TIME BUCKET
SCOPE

REMOTE SUPPORT TIME BUCKET SERVICES
Service Description

1.1 Provider offers remote technical support in pre-purchased 1 block of 8 hours

1.2 Support delivered via phone or remote system access

1.3 Support hours: Monday through Friday, 9:00 AM to 4:00 PM, excluding holidays

1.4 Support limited to troubleshooting existing systems

1.5 Time deducted in 15-minute increments

1.6 Full payment required upon purchase of time bucket
Service Inclusions

2.1 Remote diagnostic services

2.2 Phone-based technical guidance

2.3 Remote system access for troubleshooting

2.4 Basic configuration adjustments
Service Exclusions

3.1 On-site support visits

3.2 Hardware replacement or repair

3.3 Software/firmware updates

3.4 Scheduled maintenance

3.5 After-hours support
Time Bank Terms

4.1 Time bucket valid for twelve (12) months from purchase date

4.2 Unused time expires at end of term

4.3 Additional time may be purchased at standard rates

4.4 Time bank non-transferable and non-refundable

4.5 Client may cancel service at any time; no refunds for unused time Response Time

5.1 Provider will respond within 4 business hours of support request

5.2 Response time not guaranteed during peak periods or emergencies Additional Charges

6.1 On-site support billed at standard service rates

6.2 After-hours support subject to premium rates

6.3 Support exceeding time bank billed at standard rates

SYSTEM A

QTY DESCRIPTION PRICE PRICE EXT LABOR LABOR EXT TOTAL
1 BCT Entertainment Remote Support See Scope $1,500.00 $1,500.00 $0.00 $0.00 $1,500.00 BCT Entertainment Confidential Proposal
Equipment prices include any required accessories. Labor 8 of 13 Version 1.0 June 4, 2025 prices include design, engineering, installation and
programming.

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SILVER SERVICE PACKAGE (PAID ANNUAL)
SCOPE
Preventive Maintenance: Semi-annual (twice a year) on-site visits for system inspection, cleaning, and optimization.

Extended Remote Support: Email and phone support during extended business hours (e.g., 7 a.m. to 7 p.m., Monday to Saturday).

Priority Response: Faster response times for remote and on-site troubleshooting (within 24 hours for critical issues).

Discount on Additional Services : 10% discount on labor for any additional troubleshooting or upgrades not covered in the package.

Firmware & Software Updates : Updates to all relevant AV equipment software and firmware (up to 5 devices per year).

TERM AND RENEWAL

1. Initial Term

1.1 This Agreement commences on the Effective Date for twelve (12) months.

1.2 Agreement auto-renews annually unless terminated with 30 days written notice.

PRICING AND PAYMENT

1. 1. Payment Terms

1.1 All fees payable in advance of service period

1.2 Annual pricing review with 60 days notice

1.3 Client may terminate within 30 days of price change

SERVICE EXCLUSIONS

1. 1. Confidential Information

1.1 Both parties maintain confidentiality of proprietary information

1.2 Obligation survives agreement termination

LIMITATION OF LIABILITY

1. 1. Limitations

1.1 Provider liability limited to service fees paid

1.2 No liability for indirect/consequential damages

TERMINATION

1. 1. Termination Rights

1.1 Either party: 30 days written notice

1.2 Provider: immediate for non-payment

1.3 Client responsible for fees through termination

GOVERNING LAW

1. 1. This Agreement governed by California law

EFFECTIVE DATE AND TERM

1. Effective Date

1.1 This Agreement shall be effective upon the date of signature of this proposal ("Effective Date")

1.2 Term begins on Effective Date and continues for twelve (12) months

1.3 Auto-renewal occurs on anniversary of Effective Date unless terminated per Agreement terms

2. Execution

2.1 Signatures below constitute acceptance of proposal and all terms herein

2.2 Electronic signatures shall have same effect as original signatures BCT Entertainment Confidential Proposal
Equipment prices include any required accessories. Labor 9 of 13 Version 1.0 June 4, 2025 prices include design, engineering, installation and
programming.

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SYSTEM A TOTAL $3,200.00
SHIPPING AND TAXES $0.00

SUMMARY
EQUIPMENT TOTAL $3,200.00
LABOR $0.00
SHIPPING $0.00
TAX $0.00
SILVER SERVICE PACKAGE (PAID ANNUAL) TOTAL +$3,200.00

SYSTEM A

QTY DESCRIPTION PRICE PRICE EXT LABOR LABOR EXT TOTAL
1 BCT Entertainment Remote Support See Scope $3,200.00 $3,200.00 $0.00 $0.00 $3,200.00 BCT Entertainment Confidential Proposal
Equipment prices include any required accessories. Labor 10 of 13 Version 1.0 June 4, 2025 prices include design, engineering, installation and
programming.

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PROJECT SUMMARY

LOCATIONS EQUIPMENT LABOR TOTAL
SIGNAL DISTRO AND SWITCHING $17,450.91 $8,360.00 $25,810.91 DISPLAY SYSTEM $15,428.60 $0.00 $15,428.60
AUDIO SYSTEM $56,768.03 $10,400.00 $67,168.03
CONTROL SYSTEM $6,438.62 $0.00 $6,438.62
STAGE LIGHTING $28,446.25 $5,200.00 $33,646.25
REMOTE SUPPORT TIME BUCKET $1,500.00 $0.00 $1,500.00

SYSTEMS EQUIPMENT LABOR TOTAL
SYSTEM A $126,032.41 $23,960.00 $149,992.41

SHIPPING, TAXES AND OTHER FACTORS MAY NOT BE REPRESENTED HERE AND WILL APPEAR ON THE ACCEPTANCE PAGE BCT Entertainment Confidential Proposal
This is an equipment sale only. 11 of 13
No engineering or installation is provided.

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PAYMENT SCHEDULE
To be determined
EQUIPMENT TOTAL $126,032.41
SHIPPING TOTAL $184.08
ENGINEERING $0.00
INSTALLATION $15,600.00
MANAGEMENT $0.00
PROGRAMMING $8,360.00
LABOR TOTAL $23,960.00
SUBTOTAL $150,176.49
TOTAL TAX $11,830.58
PROJECT TOTAL $162,007.07
SILVER SERVICE PACKAGE (PAID ANNUAL) +$3,200.00

ACCEPTANCE

FINANCIAL
OPTIONS Not included in the project total. Initial to the left to add the option to your project.

TERMS
I accept this proposal and hereby authorize BCT Entertainment to proceed with the installation of the included systems at the facilities of City of Diamond Bar constructing at 1600 Grand Ave Diamond Bar, CA 91765 as described in the totality of this document. The proposal timeline of the installation is subject to the availability of the equipment, and may change at anytime. I further authorize BCT Entertainment to be granted the facility access that will be required to complete this project in a workmanlike and timely manner and for payment to be made to BCT Entertainment. In keeping with the Terms of Payment listed above: It has been made clear to me that there exist no understandings regarding this project with any relevant party unless and until City of Diamond Bar and BCT Entertainment agree to such additional or alternate understandings in writing. Project cost and pricing are dependent upon a continual flow of work without interruption or delays imposed by City of Diamond Bar or their staff, construction, other building trades or any other party, and additional costs may be incurred by City of Diamond Bar from BCT Entertainment. If such delays result in additional costs that are not covered by the pricing in this proposal: I agree that any additions to and/or deletions from the materials and labor to be provided by my acceptance of this proposal and any resulting change(s) in cost of this project shall only be by way of written change order(s) and shall be valid only after being signed by City of Diamond Bar and BCT Entertainment. This proposal is valid only if accepted in writing by City of Diamond Bar and within 180 days of June 4th, 2025.

All products that are ordered from the manufacturer are subject to a 20% restocking fee upon cancellation or termination of contract. All pricing is valid for 14 calendar days unless noted above. Additionally, proposals are subject to the following payment schedule:Net 30 days upon receipt of equipment, Net 30 days for labor upon project completion.

BCT Entertainment Confidential Proposal
All warranty information is listed above 12 of 13 Version 1.0 June 4, 2025

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SIGNED DATE

PRINT NAME TITLE

SIGNED DATE

PRINT NAME TITLE

ACCEPTANCE

CITY OF DIAMOND BAR

BCT ENTERTAINMENT
BCT Entertainment Confidential Proposal
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Agenda #: 5.12
Meeting Date: June 17, 2025
TO: Honorable Mayor and Members of the City Council
FROM: Daniel Fox, City Manager
TITLE: FIRST AMENDMENT TO CROSSING GUARD SERVICES CONTRACT WITH ALL CITY MANAGEMENT SERVICES, INC. THROUGH JUNE
30, 2027.

STRATEGIC
GOAL: Safe, Sustainable & Healthy Community
RECOMMENDATION:

Approve, and authorize the City Manager to sign, a Crossing Guard Services Agreement with All City Management Services, Inc. for an annual contract amount of $276,960.60 for Fiscal Years 25/26 and 26/27.

FINANCIAL IMPACT:

For Fiscal Year 25/26, a budget allocation of $289,800 has been approved for crossing guard services. The City anticipates an annual expenditure of approximately $280,000, based on an hourly rate of $30.17 for Fiscal Years 25/26 and 26/27.

BACKGROUND:

Crossing guard services are provided to ensure the safety of school-aged children, parents, pedestrians, and others crossing at designated crosswalks near schools. The City requires that all crossing guards be properly trained and supervised to fulfill their responsibilities. Each crossing guard location is expected to receive up to three hours of service per day.

Below is a list of current crossing guard locations serving schools within the Walnut Valley and Pomona Unified School Districts:

Walnut Valley Unified School District

1. Castle Rock Elementary Cold Springs Lane & at front of school

2. Castle Rock Elementary Castle Rock Road & Cold Springs Lane

5.12 Packet Pg. 211

3. Evergreen Elementary Harmony Hill Drive & Evergreen Springs

4. Evergreen Elementary Pathfinder Road & Evergreen Springs

5. Maple Hill Elementary Maple Hill Park & Maple Hill Road (in front of school at midblock x-ing)

6. Maple Hill Elementary Blenbury Drive & Maple Hill Road

7. Walnut Elementary Golden Springs Drive & Lemon Avenue

8. Walnut Elementary Glenwick Drive & Lycoming Drive

9. Walnut Elementary Glenwick Avenue & Northampton Street

10.Quail Summit Elementary Quail Summit Drive & Winterwood Lane

11.Quail Summit Elementary Forrest Canyon near Park (mid-block)

12.Chaparral Middle School Diamond Bar Blvd & Mountain Laurel Way Pomona Unified School District

13. Golden Springs Elementary Ballena Drive & Meadow Falls Drive

14. Golden Springs Elementary El Encino Drive & Prospect Valley Drive

15. Neil Armstrong Elementary Beaverhead Dr. & Cottonwood Cove Dr.

16. Neil Armstrong Elementary Clearview Crest Drive & Chicora Drive

17. Lorbeer Middle School Diamond Bar Blvd. & Golden Springs Dr.

DISCUSSION:

On June 21, 2022, the City Council approved a service agreement with All City Management Services, Inc. (Vendor) to provide crossing guard services through June 30, 2025. The vendor has now requested a two-year extension through Fiscal Years 25/26 and 26/27.

In accordance with Section 2 of the original agreement, which allows for multi-year extensions based on exemplary performance, the City proposes to extend the contract from July 1, 2025, to June 30, 2027. The current hourly rate is $29.32 for FY 2024– 2025, based on 17 crossing guards working an average of 3.0 hours per day over 180 school days. Per the agreement, annual rate adjustments are tied to the Consumer Price Index (CPI) for the Los Angeles-Anaheim-Riverside area. The Vendor has submitted a request for contract extension (Attachment 2) and proposed increasing the hourly rate to $30.17 per hour for fiscal years 2025–2026 and 2026–2027, representing a 3.0% increase and consistent with the CPI.

It is recommended that the City Council approve the First Amendment to the Agreement with All City Management Services, Inc., extending the contract through June 30, 2027, to ensure continued essential crossing guard services for school-aged pedestrians.

LEGAL REVIEW:

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

PREPARED BY:

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REVIEWED BY:

Attachments:

1. 5.12.a First Amendment to Agreement

2. 5.12.b Exhibit A - Vendor's Request for Extension

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Dan Fox, City Manager

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EXHIBIT "A"

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Agenda #: 5.13
Meeting Date: June 17, 2025
TO: Honorable Mayor and Members of the City Council
FROM: Daniel Fox, City Manager
TITLE: CONSULTING SERVICES AGREEMENT WITH GLUMAC FOR THE

PREPARATION OF THE DIAMOND BAR CIVIC CENTER ENERGY

SUSTAINABILITY STUDY AND PREPARATION OF PLANS AND

SPECIFICATIONS FOR RELATED ENERGY INFRASTRUCTURE
IMPROVEMENTS.

STRATEGIC
GOAL: Safe, Sustainable & Healthy Community
RECOMMENDATION:

Approve, and authorize the City Manager to sign, the Consulting Service Agreement with Glumac, in a not-to-exceed amount of $109,270, plus a contingency amount of $10,730, for a total authorization amount of $120,000.

FINANCIAL IMPACT:

The total not-to-exceed amount of the Agreement, with a 10% contingency, is $120,000.

Sufficient funds are included in the FY2024/25 Public Works Operating Budget to cover the cost of this study. The City was awarded $114,980 in grant funding through the federal Energy Efficiency and Conservation Block Grant (EECBG) program. The City’s expenses for this project will be reimbursed through the EECBG program up to the grant amount.

BACKGROUND:

The City of Diamond Bar owns the Civic Center facility, which currently houses the operations of City Hall and the Library. The existing electrical infrastructure is original to the facility and requires an upgrade. Additionally, it was not designed to accommodate future needs, such as electric vehicle (EV) charging infrastructure, solar energy systems, and other energy efficiency technologies available today.

The City was awarded funding through the Federal Energy Efficiency and Conservation Block Grant (EECBG) program, administered by the U.S. Department of Energy, in the

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amount of $114,980 (Grant). The funding provides the City with the opportunity to evaluate and plan critical sustainability and energy efficiency infrastructure improvements.

To address the future energy needs of the Civic Center, the City is proposing to conduct a Sustainability Study to evaluate the electrical capacity and opportunities for improvement in the areas eligible for the Grant. The project scope includes assessing existing site conditions, identifying infrastructure limitations, and exploring potential strategies to accommodate electric vehicle (EV) charging and future energy needs. The Sustainability Study, as per the Grant’s guidelines, was initially created to be a planninglevel assessment, not a design project. Its findings would inform the scope of work for future design and construction phases. However, given the favorable proposals, there is an opportunity to incorporate some design elements into the project where feasible, utilizing the available grant funds.

The completion of the study is also essential to guide infrastructure planning and position the City to pursue future federal, state, and regional funding opportunities for the projects identified by this effort.

ANALYSIS:

On April 16, 2025, the City released a Request for Proposals (RFP) for the Diamond Bar Civic Center Sustainability Study through the City’s online bidding platform (PlanetBids). Upon closure of the RFP, a total of twelve (12) proposals were received.

One (1) proposal was deemed nonresponsive. The proposals and corresponding fee estimates are listed below:
# Firm Fee
1 Glumac, ATetraTech Company $38,830.00
2 Hammel, Green, Abrahamson, Inc. $44,670.00
3 P2S $55,691.00
4 ICF Incorporated, LLC $89,239.25
5 SERA Design and Architecture, Inc. $90,847.00
6 SYSKA Hennessy Group $95,205.00
7 Kimley-Horn & Associates, Inc. $99,590.00
8 LPA, Inc. $110,120.00
9 AECOM Technical Services, Inc. $114,867.00
10 Blue Strike Environmental $140,000.00
11 SY LEE Associates, Inc. $195,529.60
12 McCalmont Engineering Nonresponsive
Staff evaluated all responsive proposals using qualitative metrics such as technical approach, project team qualifications, relevant experience, and demonstrated understanding of the City’s sustainability objectives. Subsequently, proposals were also reviewed in the context of total proposed fees and estimated hours required to complete the scope of work.

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Based on the evaluation criteria, Glumac A Tetra Tech Company (Glumac), was identified as the highest-ranked firm. In addition to submitting a competitive proposal, Glumac demonstrated relevant experience in planning microgrids for municipal facilities.

The firm’s proposal includes an approach for assessing existing Civic Center conditions and identifying strategies related to energy efficiency improvements, renewable energy, and electric vehicle infrastructure.

Glumac has experience providing similar services to other public agencies in Southern California. This background enables them to address local agency needs and applicable regulatory requirements effectively. This regional expertise positions them to deliver high-quality, cost-effective solutions that meet both local agency needs and regulatory expectations.

Additionally, due to Glumac’s competitive price, there would be more capacity in the City’s EECGB Grant to support more work. Glumac and its parent company, Tetra Tech, demonstrated their capabilities in design work. Therefore, staff negotiated with Glumac to include design services for the most critical components of the future improvements identified through the study in their proposal as optional tasks, at a reasonable price in line with the City’s grant constraints. This includes the preparation of plans, specifications, and cost estimates (PS&E) for the upgrading of the City Hall’s electric panel, the installation of additional electric vehicle (EV) charging stations, and solar photovoltaic carports (solar panels in the parking lot). Although this additional design effort adds $55,025 to the project cost, when added to the essential service cost of $38,830 and the other optional tasks (e.g., funding opportunities, life cycle analysis, etc.) of $15,415, the total project cost $109,270 would still be below the Grant amount of $114,980.

According to the project schedule, the results of the study are expected to be completed in approximately six months, and will be presented to the City Council for consideration prior to the preparation of construction plans and specifications for the infrastructure improvements recommended by the study.

LEGAL REVIEW:

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

PREPARED BY:

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REVIEWED BY:

Attachments:

1. 5.13.a Agreement with Glumac

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1 Professional Services - Design
1614063.1

CONSULTING SERVICES AGREEMENT
Design Professional
THIS AGREEMENT (the "Agreement") is made as June 17, 2025 by and between the City of Diamond Bar, a municipal corporation ("City") and Glumac, a Tetra Tech Company, a California corporation ("Consultant").

1. Consultant's Services.

Subject to the terms and conditions set forth in this Agreement Consultant shall provide to the reasonable satisfaction of the City the Civic Center Sustainability Study services set forth in the attached Exhibit "A", which is incorporated herein by this reference. As a material inducement to the City to enter into this Agreement, Consultant represents and warrants that it has thoroughly investigated the work and fully understands the difficulties and restrictions in performing the work. Consultant represents that it is fully qualified to perform such consulting services by virtue of its experience and the training, education and expertise of its principals and employees.

Nicholas Delgado, Management Analyst (herein referred to as the “City’s Project Manager”), shall be the person to whom the Consultant will report for the performance of services hereunder. It is understood that Consultant shall coordinate its services hereunder with the City’s Project Manager to the extent required by the City’s Project Manager, and that all performances required hereunder by Consultant shall be performed to the satisfaction of the City’s Project Manager and the City Manager

2. Term of Agreement. This Agreement shall take effect June 18, 2025, and shall continue unless earlier terminated pursuant to the provisions herein.

3. Compensation. City agrees to compensate Consultant for each service which Consultant performs to the satisfaction of City in compliance with the scope of services set forth in Exhibit "A". Payment will be made only after submission of proper invoices in the form specified by City. Total payment to Consultant pursuant to this Agreement shall not exceed One Hundred Nine Thousand, Two Hundred Seventy Dollars and Zero Cents ($109,270.00) without the prior written consent of the City.

The above not to exceed amount shall include all costs, including, but not limited to, all clerical, administrative, overhead, telephone, travel and all related expenses.

4. Payment.

A. As scheduled services are completed, Consultant shall submit to City an invoice for the services completed, authorized expenses and authorized extra work actually performed or incurred.

B. All such invoices shall state the basis for the amount invoiced, including services completed, the number of hours spent, and any extra work performed.

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C. City will pay Consultant the amount properly invoiced within 35 days of receipt, but may withhold 30% of any invoice until all work is completed, which sum shall be paid within 35 days of completion of the work and receipt of all deliverables.

D. Payment shall constitute payment in full for all services, authorized costs and authorized extra work covered by that invoice.

The amendment shall set forth the changes of work, extension of time, if any, and adjustment of the fee to be paid by City to Consultant.

6. Priority of Documents. In the event of any inconsistency between the provisions of this Agreement and any attached exhibits, the provisions of this Agreement shall control.

7. Status as Independent Contractor.

A. Consultant is, and shall at all times remain as to City, a wholly independent contractor. Consultant shall have no power to incur any debt, obligation, or liability on behalf of City or otherwise act on behalf of City as an agent. Neither City nor any of its agents shall have control over the conduct of Consultant or any of Consultant's employees, except as set forth in this Agreement. Consultant shall not, at any time, or in any manner, represent that it or any of its agents or employees are in any manner agents or employees of City.

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

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

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E. In addition to any other remedies it may have, City shall have the right to offset against the amount of any fees due to Consultant under this Agreement any amount due to City from Consultant as a result of Consultant's failure to promptly pay to City any reimbursement or indemnification required by this Agreement or for any amount or penalty levied against the City for Consultant’s failure to comply with this Section.

9. Indemnification. To the maximum extent permitted by Civil Code section 2782.8, Consultant shall defend, indemnify and hold harmless City, its officers, officials, employees and volunteers ("Indemnitees") from and against all liability, loss, damage, expense, cost (including without limitation reasonable attorneys' fees, expert fees and all other costs and fees of litigation) of every nature arising out of or in connection with:
(1) Any and all claims under Worker’s Compensation acts and other employee benefit acts with respect to Consultant’s employees or Consultant’s contractors; (2) Any and all claims arising out of Consultant's performance of work hereunder or its failure to comply with any of its obligations contained in this Agreement. Should City in its sole discretion find Consultant’s legal counsel unacceptable, then Consultant shall reimburse the City its costs of defense, including without limitation reasonable attorneys' fees, expert fees and all other costs and fees of litigation. The Consultant shall promptly pay any final judgment rendered against the Indemnitees. Except for the Indemnitees, this Agreement shall not be construed to extend to any third-party indemnification rights of any kind; and
(3) Any and all claims for loss, injury to or death of persons or damage to property caused by the negligent professional act or omission in the performance of professional services pursuant to this Agreement.
(4) The Consultant's obligations to indemnify, defend and hold harmless the City shall survive termination of this Agreement.

10. Insurance.

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(1) a policy or policies of broad-form comprehensive general liability insurance written on an occurrence basis with minimum limits of $1,000,000.00 combined single limit coverage against any injury, death, loss or damage as a result of wrongful or negligent acts by Consultant, its officers, employees, agents, and independent contractors in performance of services under this Agreement; (2) property damage insurance with a minimum limit of $500,000.00 per occurrence;
(3) automotive liability insurance written on an occurrence basis covering all owned, non-owned and hired automobiles, with minimum combined single limits coverage of $1,000,000.00;
(4) Worker's Compensation insurance when required by law, with a minimum limit of $500,000.00 or the amount required by law, whichever is greater; and (5) Professional liability insurance covering errors and omissions arising out of the performance of this Agreement with a combined single limit of $1,000,000. If such insurance is on a claims’ made basis, Consultant agrees to keep such insurance in full force and effect for at least five years after termination or date of completion of this Agreement.

C. All insurance policies shall provide that the insurance coverage shall not be non-renewed, canceled, reduced, or otherwise modified (except through the addition of additional insureds to the policy) by the insurance carrier without the insurance carrier giving City ten (10) day's prior written notice thereof. Consultant agrees that it will not cancel, reduce or otherwise modify the insurance coverage and in the event of any of the same by the insurer to immediately notify the City.

D. All policies of insurance shall cover the obligations of Consultant pursuant to the terms of this Agreement and except for professional liability insurance, shall be issued by an insurance company which is authorized to do business in the State of California or which is approved in writing by the City; and shall be placed have a current A.M. Best's rating of no less than A-, VII. In the case of professional liability insurance, such coverage shall be issued by companies either licensed or admitted to conduct business in the State of California so long as such insurers possesses the aforementioned Best's rating.

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

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endorsements or a copy of the insurance policy evidencing the additional insured requirements in this Agreement, in a form acceptable to the City.

H. Failure to Maintain Insurance. If Contractor fails to keep the insurance required under this Agreement in full force and effect, City may take out the necessary insurance and any premiums paid, plus 10% administrative overhead, shall be paid by Consultant, which amounts may be deducted from any payments due Consultant.

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14. Conflict of Interest.

15. Termination. The City may terminate this Agreement with or without cause upon fifteen (15) days' written notice to Consultant. The effective date of termination shall be upon the date specified in the notice of termination, or, in the event no date is specified, upon the fifteenth (15th) day following mailing of the notice. In the event of such termination, City agrees to pay Consultant for services satisfactorily rendered prior to the effective date of termination. Immediately upon receiving written notice of termination, Consultant shall discontinue performing services, unless the notice provides otherwise, except those services reasonably necessary to effectuate the termination. The City shall be not liable for any claim of lost profits.

16. Personnel/Designated Person. Consultant represents that it has, or will secure at its own expense, all personnel required to perform the services under this Agreement. All of the services required under this Agreement will be performed by Consultant or under its supervision, and all personnel engaged in the work shall be qualified to perform such services.

17. Non-Discrimination and Equal Employment Opportunity.

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A. Consultant shall not discriminate as to race, color, creed, religion, sex, marital status, national origin, ancestry, age, physical or mental handicap, medical condition, or sexual orientation, in the performance of its services and duties pursuant to this Agreement, and will comply with all rules and regulations of City relating thereto.

Such nondiscrimination shall include but not be limited to the following: employment, upgrading, demotion, transfers, recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship.

18. Time of Completion. Consultant agrees to commence the work provided for in this Agreement within (5) days of being notified by the City to proceed and to diligently prosecute completion of the work or as may otherwise be agreed to by and between the Project Manager and the Consultant.

19. Time Is of the Essence. Time is of the essence in this Agreement.

Consultant shall do all things necessary and incidental to the prosecution of Consultant's work.

20. Reserved.

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

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

25. Attorney's Fees. In the event that either party to this Agreement shall commence any legal or equitable action or proceeding to enforce or interpret the provisions of this Agreement, the prevailing party in such action or proceeding shall be entitled to recover its costs of suit, including reasonable attorney's fees and costs, including costs of expert witnesses and consultants.

26. Notices. Any notices, bills, invoices, or reports required by this Agreement shall be deemed received on (a) the day of delivery if delivered by hand during regular business hours or by facsimile before or during regular business hours; or (b) on the third business day following deposit in the United States mail, postage prepaid, to the addresses heretofore set forth in the Agreement, or to such other addresses as the parties may, from time to time, designate in writing pursuant to the provisions of this section.
“CONSULTANT” “CITY”
Glumac, a Tetra Tech Company City of Diamond Bar
707 Wilshire Blvd, 23rd Floor 21810 Copley Drive
Los Angeles, CA 90017 Diamond Bar, CA 91765-4178
Attn.: Drew Karson Attn.: Dan Fox, City Manager
Phone: (760) 274-5574 Phone: (909) 839-7010
E-mail: [email protected] E-mail: [email protected]

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

30. Entire Agreement. This Agreement, and any other documents incorporated herein by reference, represent the entire and integrated agreement between Consultant and City. This Agreement supersedes all prior oral or written negotiations, representations or agreements. This Agreement may not be amended, nor any provision or breach hereof waived, except in a writing signed by the parties which expressly refers to this Agreement. Amendments on behalf of the City will only be valid if signed by a person duly authorized to do so under the City's Purchasing Ordinance.

IN WITNESS of this Agreement, the parties have executed this Agreement as of the date first written above.
"Consultant" "City"
Glumac, a Tetra Tech Company CITY OF DIAMOND BAR
By: By:

Printed Name: Dan Fox, City Manager
Title:

By: ATTEST:

Printed Name:

Title:

Kristina Santana, City Clerk
Approved as to form:

By:

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-- 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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STATEMENT OF QUALIFICATIONS - Response File Revision 01 City of Diamond Bar
Civic Center Sustainability Study
Prepared For
City of Diamond Bar
Date Re-Issued

06.05.2025
GLUMAC.COM

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Dear Nicholas,
We understand that the City of Diamond Bar has three goals going forward in the current strategic plan, including creating a resilient environment with a commitment to protect natural resources. The move to enhance the sustainability and resilience of the Civic Center is a key step in achieving this goal. Both long and short term positive impacts come from cities committing to green energy options, and all buildings present their own unique opportunities for sustainable innovation. Our motto is Green Buildings That Work and we apply that to every project we have the privilege to work on.

Glumac’s team has worked with many institutions to help identify and establish a path forward in order to comply with both regulatory and self-identified sustainability and energy goals.

We have had the opportunity to work with Orange County Waste and Recycling, City of San Luis Obispo, Los Angeles World Airport, Contra Costa County, and the California Department of General Services in providing similar services, reviewing existing structures to find opportunities for clean energy sources and EV infrastructure.

We are eager to apply our experience and to support the City of Diamond Bar in studying the Civic Center for the purpose of updating the existing electrical infrastructure in order to meet the needs of the future planned EV fleet and solar energy system.

Sincerely,
Drew Karson, LEED Green Associate, EEP, Associate | Project Manager
Original Submittal Date:

May 14, 2025
Revision 1 Submittal Date:

June 5, 2025
Proposal Name:

City of Diamond Bar Civic
Center Sustainability Study
Submitted to:

Nicholas Delgado
[email protected]
909.839.7088
Glumac Address:
707 Wilshire Blvd
23rd Floor
Los Angeles, CA 90017
Glumac Proposal Contact:

Drew Karson
[email protected]
760.274.5574
Glumac Proposal Number:

P25US400640

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Microgrids and Energy Resilience
Glumac supports government facilities in hardening their energy infrastructure, improving operational resilience, and increasing energy efficiency during normal operations. We support our clients starting with preliminary feasibility studies through full engineering design and commissioning. Through this process, we help our clients prioritize energy resilience upgrades within individual buildings or across a portfolio of facilities to ensure emergency and critical operations are maintained during disruptions.

Our established team includes expertise in emergency management and resilience planning, distributed generation, renewable energy, utility rate analysis, cybersecurity, master planning, and project development. Our energy team provides solar PV, BESS, and microgrid energy modeling to develop a full life cycle cost analysis of various generation and storage options. Our engineering team supports the assessment, design, and procurement of distributed energy resources and will bring experience to execute complete complex projects across critical government facilities, data centers, and healthcare campuses. Our commissioning team works on small and large energy systems, including central unity plants, combined heating & power (CHP) plants, and microgrid systems.

Collectively our team brings a range of experience delivering energy resilience planning, engineering and commissioning services for critical public facilities.
• City of Los Angeles Municipal Building Portfolio: Portfolio strategy for deploying solar PV, BESS and microgrids across all police, fire, and critical facilities.
• California Office of Emergency Services Mather Headquarters Building: Engineering design to integrate a BESS and microgrid controller with existing solar PV and generators to create a 14-day microgrid system. • City of San Luis Obispo Fire Station and 911 Call Center: Microgrid feasibility study to develop a microgrid integrating solar PV and BESS with the existing generators.
• California Office of Emergency Services Southern California Headquarters: Engineering design services for a new emergency operations center with a 72 hour microgrid system. • City of San Jose Fire Training Center: Engineering design for a new fire training and emergency operations with a clean energy microgrid system.
• Southern California Gas Operations Control Center: Engineering design of a new emergency operation and control center with clean energy microgrid system.
• San Diego State University Main Campus: Energy master plan to transition from an existing 14.3 MW cogeneration plant to a clean energy campus microgrid system with solar PV, BESS, generators, load management controls and a microgrid controller.
• Los Angeles Community College District West LA, East LA and LA Southwest Campuses: Energy master plan to develop campus microgrids to support Red Cross emergency centers. • California State University East Bay Main Campus: Energy master plan to support the phased development of a campus microgrids.
• Oregon State Treasury: Engineering design and commissioning of a resilient microgrid systems for minimum 96 hours of operation.
• University of California Merced Smart Farming Demonstration Center: Conceptual design of an off-grid agricultural research facility will fully electrified farming equipment. • City of Petaluma Backup Power Study: Evaluation of energy resilience and microgrid options at 16 critical city facilities.

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Organizational Chart
We have built a team with a balance of experts who have the experience and the qualifications to support the Civic Center Sustainability Study. Glumac agrees to notify the City and furnish required information should any personnel changes occur.

Drew Karson, ASSOCIATE
Project Manager, Energy
Consultant
Brian Stern, VP
Energy Program Manager
Nick Pedersen, PE
Senior Electrical Engineer
Andrew Choi
Electrical Designer

ELECTRICAL
Aboli Datey
Energy Analyst
Emily Kawka
EV Planning

ENERGY PLANNING
Organizational Chart | 6

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Project Understanding

PROJECT BACKGROUND
We recognize that the City of Diamond Bar needs to upgrade its electrical infrastructure at the Civic Center to support future sustainability measures, including electric vehicle (EV) charging infrastructure, solar energy systems, and battery energy storage systems. The existing electrical infrastructure, which is original to the facility, was not designed to accommodate these future requirements. Additionally, the City is committed to transitioning its municipal fleet to zero-emission vehicles in compliance with Executive Order N-79-20 and the California Air Resources Board (CARB) Advanced Clean Fleets (ACF) Regulation, which will require significant planning and infrastructure upgrades.

Our firm brings extensive experience in building design, resilience planning, EV infrastructure planning, renewable energy, and electrical engineering. We will leverage this expertise to conduct a comprehensive evaluation of the existing electrical infrastructure, forecast future energy demands, and identify necessary improvements to achieve compliance and meet the City’s long-term environmental and operational goals. Our approach includes establishing a baseline assessment of existing conditions, conducting a detailed analysis of potential technology types and capacities, and providing specific recommendations, results, and implementation guidance.

PROJECT GOALS
We understand the overall goal of this project is to develop a Sustainability Plan that will guide the City of Diamond Bar in investing in infrastructure upgrades to improve the operations, resilience, and sustainability of the Civic Center. This includes a comprehensive evaluation of existing conditions, forecasting future electrical demand, and assessing the feasibility and impact of integrating EV charging infrastructure, solar PV systems, and battery energy storage systems. “We focus on
impact. Building
performance
must be results
oriented, and we
provide clients
with data insights
to make impactful
energy reduction
decisions.”
BRIAN STERN, Director of Energy
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Project Approach
PHASE 1: KICKOFF PHASE
Objective: Establish project goals, schedule, and key performance indicators (KPIs) for the City’s Civic Center Sustainability Study.
1A) Kickoff Meeting
Glumac will host a project kick-off meeting with key project stakeholders to review the draft feasibility study and discuss other critical items.

1. Review project goals, background information, past feasibility studies, and any other relevant City planning documents.

2. Establish guiding principles for minimum project requirements and decision-making criteria.

3. Review and discuss resilience requirements for the facility, its critical operations, and expected future performance capabilities.

4. Review data collection needs and develop a plan to minimize impact on City employees. 1B) Project Workplan
Glumac will work closely with the City of Diamond Bar to create a project work plan, including a scheduled list of key milestones, deliverables, and associated meetings. We will identify critical path items and establish key timelines to ensure the project stays on schedule. Establishing a clear work plan is critical to ensuring goals and expectations are met while maintaining the project schedule and budget. High levels of coordination between stakeholders and receiving feedback from the City during this phase (and future phases) are critical to ensuring timely and efficient completion of tasks.

1. Develop a detailed project work plan to outline key milestones and deliverables.

2. Collaborate with the City to finalize the work plan, ensuring alignment with stakeholder expectations. 1C) Data Collection
Glumac will collect and consolidate relevant historical information. Collecting data can be a time-consuming effort and is a potential area of concern for maintaining the schedule. To mitigate this risk, Glumac has developed a data collection process that alleviates some of the challenges and minimizes the impact on capital planning and facilities management groups. We schedule data request meetings early in the project, establish file-sharing protocols on preferred platforms, and we provide a tracking tool to monitor the collected data. When data is not available, Glumac can lean on our extensive portfolio of past projects and engineering experience to fill in gaps with benchmarked data, engineering approximations, and code-mandated performance values. Our preliminary list of information requests includes the following:

1. As-built drawings for the Civic Center and associated electrical infrastructure.

2. Previous engineering feasibility studies or facility condition assessments

3. Compiled critical requirements list

4. The existing generator make, model, capacity, and location (if applicable)

5. Utility and submeter energy data (electricity)
Project Approach | 20

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6. If remote access is available, Glumac will request it to streamline the data collection process from the City’s building automation system (BAS), energy management systems (EMS), and any other building data platforms.

Deliverables
Kickoff Meeting Presentation: An introductory presentation summarizing the City of Diamond Bar Sustainability Study. Deliverables will include a PowerPoint presentation and PDF. City Facilities staff may leverage the presentation to engage with senior leadership and/or wider City stakeholders.

Detailed Project Workplan Document: Detailed project work plan document, including project management and data collection tracking tool.

PHASE 2: EXISTING INFRASTRUCTURE EVALUATION
Objective: Understand the existing electrical infrastructure, site constraints, and operational requirements at the Civic Center. Document baseline existing conditions and energy performance. Identify unique conditions. 2A) Review Existing Documents

1. Review existing engineering documents and as-built drawings to evaluate the condition and code compliance of current electrical systems.

2. Confirm capacity and reliability of utility electrical infrastructure through reviewing utility drawings, interviewing facility staff regarding historical utility outages, and coordinating with SoCal Edison (SCE) to receive and review outage logs and interval data.

3. Review existing metered interval data from the utility. Identify and calculate the facility’s peak demands, annual energy usage, and hourly load profile.
2B) Site Visits
For the site visit, Glumac will conduct an on-site review of the Civic Center. This information will be used for this phase’s final deliverable. The site analysis will include:

1. Verify the type, capacity, and condition of the existing electrical systems and backup power system equipment

2. Interview with facility managers to gather qualitative data on the facility’s operational expectations and historical reliability.

3. Assess the available space and physical constraints for the installation of new PV, BESS, and EV systems, as well as any associated required upgrades, such as new main switchboards or utility feeders.

4. Assess the potential impact of new EV chargers on the existing parking layout, including potential parking losses and relocation needs.

5. Evaluate ADA compliance and identify necessary improvements to accommodate EV infrastructure.

6. Evaluate interior and exterior lighting control systems and verify type, condition, quantity, and opportunities for energy efficiency upgrades
2C) Electrical Demand Forecast
Glumac will perform energy modeling analysis to forecast future electrical demand associated with electrification of the City’s fleet, installation of new EV chargers, and potential expansion of the facilities and/or amenities.

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1. Calculate the total facility’s anticipated future electrical loads, including EV chargers for both the city fleet and public use, using energy modeling software (such as IES-VE, Xendee, and Helioscope).

2. Quantify the impact on utility rates, carbon emissions, and operational resilience with respect to the existing electrical infrastructure and forecasted future utility rate escalation and future carbon emissions coefficient as reported by SCE.

Deliverables
Existing Infrastructure and Electrical Demand Forecast Update: Provide a baseline assessment presentation summarizing findings. Deliverables will include a memo and brief PowerPoint presentation to provide an update on progress. Target audience includes the core City project team.

PHASE 3: EV CHARGING, PV, AND BESS INFRASTRUCTURE PLANNING Objective: Provide preliminary layouts of the anticipated sustainability upgrades with multiple options per technology. Understand the site constraints and maximum capacities of each system type to be used for further analysis in the following phases.
3A) Conceptual Site Plan
Glumac will create preliminary options of site plan layouts with the impacts on space capacity and operations associated with each option.

1. Assess the potential impact of new EV chargers on the existing parking layout, including potential parking losses and relocation needs.

2. Evaluate ADA compliance and identify necessary improvements to accommodate EV infrastructure.

3. Identify areas for PV and BESS installation and evaluate any constraints for the maximum installed capacity, such as available square footage, proximity to required electrical gear, solar shading access due to trees and nearby facilities, and mandated code setbacks.

Deliverables
Preliminary Concept Site Plan: Provide a preliminary, marked-up PDF of the site including possible locations for EV chargers, PV, and BESS to be installed. This is intended to be used for as a starting point for refined options analyses in the following phases.

PHASE 4: SUSTAINABILITY & RESILIENCE ENHANCEMENTS
Objective: Identify potential energy technologies and conceptual system options to improve resilience, reduce carbon emissions, and achieve overall cost savings at the Civic Center. Ensure and clearly explain the technical considerations required to comply with local, state, and federal regulations. 4A) Scenario Modeling
Glumac will incorporate the information from the previous phases and calculate recommended sustainability and resilience enhancements for the Civic Center. Identify feasible options with favorable paybacks and that achieve outcomes identified during the kickoff phase.

1. Perform energy modeling to determine the optimal size and type of PV and battery storage systems, Project Approach | 22

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focusing on cost efficiency, operational capabilities to support an increased electrical load, and carbon footprint reduction.

2. Develop a technology summary matrix with key information about each technology, focusing on cost savings, carbon emissions reductions, and operational resilience.

3. Analyze backup power configurations and potential energy technologies using simulation tools to enhance operational resilience.

4. Clearly state and emphasize required engineering design considerations for each technology that are needed to meet compliance with relevant local, state, and federal regulations, such as the National Electric Code.

Deliverables
Progress Update Memo: A progress update memo or presentation that will document the findings of this phase that are to be incorporated into the draft and final reports. These findings include:

1. Facility upgrade reviews

2. Optimized capacity per technology type
PHASE 5: INFRASTRUCTURE RECOMMENDATIONS AND CONCEPTUAL PLAN Objective: Provide final site recommendations and a conceptual site plan for the Civic Center, focusing on cost savings, carbon emissions reductions, and operational resilience. 5A) Facility Planning Report
Based on the results from Phase 3, Glumac will provide a consolidated memo of final site recommendations. These will be included in the final deliverable and will contain the following:

1. Estimated utility bill reductions, carbon emission reductions, and generation capacity per system

2. Resilience requirements and anticipated operational capabilities during an outage with the recommended PV and BESS configuration
Deliverables
Final Report: Provide a final report summarizing recommendations and documenting all tasks provided during the project and supporting calculation data.

Final Presentation: Provide and deliver a final PowerPoint presentation summarizing recommendations. The City can also leverage the presentation to engage with senior leadership and/or wider stakeholders.

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OPTIONAL PLANNING SERVICES - SCOPE OF WORK
The following tasks are part of the Optional Additional Services described in the RFP. These are described in detail below and priced separately from the mandatory tasks that will be accomplished as part of the Base Scope of Work. Only select phases in the Base Scope of Work have optional tasks, which are detailed below.

PHASE 1: KICKOFF PHASE
No Optional Additional Services
PHASE 2: EXISTING INFRASTRUCTURE EVALUATION
2D) Utility Coordination and Incentive Identification
Glumac will coordinate with the utility to discuss the feasibility and logistics of infrastructure upgrades as well as investigate any possible funding opportunities.

1. Coordinate with SCE to discuss electrical service needs and upgrade options.

2. Identify applicable funding opportunities, rebate programs, and technical assistance resources such as CALeVIP, SCE’s Charge Ready Program, and California Energy Commission grants.

Deliverables

1. Utility Coordination Report: Preliminary results of coordination with the utility and recommendations for next steps

2. Incentive Identification and Application Support Document: Provide a summary of possible funding opportunities, including the cost impacts and eligibility requirements of the investigated rebate programs, incentives, and technical assistance resources
PHASE 3: EV CHARGING, PV, AND BESS INFRASTRUCTURE PLANNING No Optional Additional Services
PHASE 4: SUSTAINABILITY & RESILIENCE ENHANCEMENTS
4B) Cost Estimating and Life Cycle Cost Analysis
Glumac will provide rough order of magnitude (ROM) cost estimates for system options in order to determine the feasibility of different upgrade recommendations. Providing early costing feedback is critical for the success of facility upgrade planning efforts. Additionally, Glumac will work with the City to identify and analyze funding sources to create optimal funding strategies for implementation. Glumac will support the City in distributing potential costs, operational impacts, and funding strategies early to City leadership and ensuring buy-in at a high level before moving into stakeholder engagement.

1. Provide rough order of magnitude (ROM) cost estimates for system options using cost estimation methodologies.

2. Develop a preliminary life-cycle cost analysis (LCCA) for solar PV and battery storage systems, highlighting long-term cost savings and environmental benefits.

3. Identify and define specific funding sources and present the LCCA findings with key metrics required for accessing and quantifying the funding source (annual cashflow, NPV, Levelized Cost of Energy, Simple Payback, etc.).

4. Integrate findings from utility coordination to refine cost-benefit analysis and payback periods for different strategies.

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5. Assess the impact of identified incentives on overall project feasibility and financial planning.

6. Create a timeline with budget strategies to implement the project with maximal impact with respect to available funds identified in previous steps.

Deliverables

1. Phase 4: Sustainability & Resilience Enhancements

2. LCCA Memo: Rough installation cost and LCCA estimations for each recommended project, including the impact of identified incentives
PHASE 5: INFRASTRUCTURE RECOMMENDATIONS AND CONCEPTUAL PLAN 5A) Facility Planning Report
The below content will be added to the existing Final Report as described in the Base Scope of Work.

1. A phased implementation plan with priorities, estimated costs, and potential funding sources.

2. Provide optional financing or budget strategies to help the City pursue implementation in alignment with available resources.

OPTIONAL DESIGN SERVICES - FUTURE PHASE
Objective: Glumac understands this project is funded through the Energy Efficiency and Conservation Block Grant (EECBG) program. If the City decides to implement the designs recommended in the previous phases, Glumac can support the full engineering design and next steps of the implementation process.

The below scopes of work represent optional additional design services as requested by the City. Option 1 represents installing EV chargers and Option 2 represents adding PV and systems above the carport area with an option for possible BESS inclusion. Both options will evaluate and include designs for required associated electrical infrastructure upgrades. These fees are presented both separately (if only one option is pursued) and as a combined option (if both are pursued) which presents efficiencies in the workflow and is a lower overall fee than the sum of the two projects on their own.

Optional Design Services Option 1: EV Charging for Fleet and Public Parking

1. Investigation of existing conditions

2. Review of as-built plans and electrical loads

3. Engineering Design Package
a. Site Plan
b. Scaled Plan Views
c. One-Line Diagram
d. Schedules (Panel(s), feeders, available fault current, etc.) e. Signage Details
f. Equipment Details (Pedestals, mounting, trenching, etc.) g. Equipment Specification Sheets
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i. Parking area reconfiguration by Civil Engineer
j. Construction specifications
k. Performance specification

4. Technical documentation and calculations required for rebates/incentives

5. Pre-bid meeting attendance

6. RFI support for contractor procurement

7. Submittal review
Optional Design Services Option 2: Solar PV Carports

1. Investigation of existing conditions

2. Review of as-built plans and electrical loads

3. Electrical Power Production and Utility Savings estimation

4. Engineering Design Package
a. Site Plan
b. Scaled Plan Views
c. One-Line Diagram
d. Schedules (Panel(s), feeders, available fault current, etc.) e. Signage Details
f. Equipment Details (Grounding, racking, etc.)
g. Equipment Specification Sheets
h. Structural Design
i. Structural letter drawings and details
j. Engineering specifications
k. Performance specification

5. Technical documentation and calculations required for rebates/incentives

6. Pre-bid meeting attendance

7. RFI support for contractor procurement

8. Submittal review

9. Technical information required for interconnection agreement

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Schedule
Week 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 Phase 1: Kickoff
Phase
Kickoff Meeting
Workplan
Data Collection
Deliverables
City Review and Updates
Phase 2: Existing
Infrastructure
Evaluation
Review Existing Documents
Site Visits
Electrical Demand Forecast
Deliverables
City Review and Updates
Phase 3: EV
Charging, PV, and
BESS Infrastructure
Planning
Conceptual Site Plan
Deliverables
City Review and Updates
Phase 4:

Sustainability
and Resilience
Enhancements
Scenario Modeling
Deliverables
City Review and Updates
Phase 5:

Infrastructure
Recommendations
and Conceptual Plan
Facility Planning Report
City Review and Updates
Final Presentation
SCHEDULE | 28

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Fee
Fee
Base Services $38,830
Optional Planning Services $15,415
Optional Design Services 1 $40,850
Optional Design Services 2 $37,900
Optional Design Services 1 & 2 $55,025
Key Team Member Title Hourly Rate
Brian Stern Energy Program Manager $300
Nick Pedersen Senior Electrical Engineer $250
Drew Karson Energy Consultant $205
Andrew Choi Electrical Designer $175
Aboli Datey Energy Analyst $165
Emily Kawka Energy Analyst $165
Hourly Rates
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Agenda #: 5.14
Meeting Date: June 17, 2025
TO: Honorable Mayor and Members of the City Council
FROM: Daniel Fox, City Manager
TITLE: DESIGN SERVICES AGREEMENT WITH IDS GROUP, INC. FOR

PREPARATION OF ENGINEERED PLANS AND SPECIFICATIONS

FOR THE DIAMOND BAR BOULEVARD ROADWAY STABILIZATION
PROJECT.

STRATEGIC
GOAL: Safe, Sustainable & Healthy Community
RECOMMENDATION:

Approve, and authorize the City Manager to sign, the Consulting Service Agreement with IDS Group, Inc., in a not-to-exceed amount of $122,568, plus a contingency amount of $12,432, for a total authorization amount of $135,000.

FINANCIAL IMPACT:

The not-to-exceed amount of the Agreement, with a 10% contingency, is $135,000.

Sufficient funds are included in the FY2024/25 Public Works Operating Budget (100615- 54400 and 100615-54430) to cover the cost of such services.

BACKGROUND:

A section of Diamond Bar Boulevard sidewalk, about 70 feet long, is visibly damaged between Cold Spring Lane and Crooked Creek Drive. The damage, located entirely within the public right-of-way, affects the road surface, curb, gutter, and sidewalk.

The Public Works Department has implemented temporary mitigation measures to stabilize the area, and there are currently no hazards to vehicular traffic or adjacent private property.

In March 2024, the City’s geotechnical consultant, Ninyo & Moore, completed an evaluation of the existing soil and geologic conditions at the site and provided recommendations for permanent repair.

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Preparation of engineered plans and specifications, cost estimates (PS&E), and structural designs prepared by a licensed professional engineer are now required as the next step in the process, and are necessary for bidding and the ultimate construction of the permanent repair of this section of the roadway.

ANALYSIS:

On April 16, 2025, the City released a Request for Proposals (RFP) for the Diamond Bar Boulevard Roadway Stabilization Project (Project) through the City’s online bidding platform (PlanetBids). Upon closure of the RFP, two (2) proposals were received as follows:
# Firm Name Original Cost Revised Cost
1 IDS Group, Inc. $165,936 $122,568
2 Valued Engineering, Inc. $39,000 $48,500
Staff evaluated the two proposals based on qualifications, relevant experience, approach to scope, and proposed costs. Given the project's significance and the specific design expertise required, the selected consultant must have direct experience with similar projects, and their team must possess the highest level of expertise. Timely service delivery is also crucial.

Following the evaluation of the two proposals, due to the significant price difference and some additional or missing components of the scope of work, both firms were contacted, interviewed, and given the opportunity to revise their proposals to meet the project's needs.

Value Engineering, Inc.’s initial proposal lacked components of the scope of work, similar projects, and team resumes related to key components of the project, including structural design. Although the firm’s revised proposal attempted to meet some of those requirements by including a structural engineer sub-consultant, the final result was not as expected due to a lack of similar public projects and the general responsiveness of the project team. It was determined that the Value Engineering, Inc.’s proposal, while lower in cost, did not demonstrate the same level of responsiveness or alignment with the City's expectations for professional services needed for this project.

IDS Group, Inc.’s (IDS) initial proposal was both comprehensive and responsive, clearly understanding the project’s technical requirements, including geotechnical and structural design. Its team has extensive experience with similar public infrastructure repair projects and includes the necessary licensed professionals. The team features seasoned structural engineers with relevant project experience, and their geotechnical subconsultant previously worked on a comparable project for the City (Diamond Bar Community Center Slope Stabilization Project) with successful results.

After the interview, IDS revised its proposal to remove or reduce some of the services that staff identified as unnecessary. Some modifications include the reduction of the land surveying area and right-of-way tasks. Following the negotiation of a reduced-cost proposal, it was concluded that IDS is well-positioned to deliver this Project efficiently and in alignment with the City’s expectations. Staff conducted reference checks with

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other agencies and received positive feedback on IDS’s performance, quality of work, and ability to meet deadlines.

Based on a thorough evaluation of the proposals, IDS Group, Inc. is recommended as the best overall value and in the best interest of the City. Consistent with Diamond Bar Municipal Code Section 3.24.070(a), contracts for professional services shall be awarded on the basis of demonstrated competence and professional qualifications necessary for the satisfactory performance of services at the best overall value to the city, and shall not be awarded solely based on the lowest cost.

LEGAL REVIEW:

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

PREPARED BY:

REVIEWED BY:

Attachments:

1. 5.14.a Agreement with IDS Group, Inc.

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CONSULTING SERVICES AGREEMENT
Design Professional
THIS AGREEMENT (the "Agreement") is made as June 17, 2025, by and between the City of Diamond Bar, a municipal corporation ("City") and IDS Group, Inc. a California corporation ("Consultant").

1. Consultant's Services.

Subject to the terms and conditions set forth in this Agreement Consultant shall provide to the reasonable satisfaction of the City the Diamond Bar Boulevard Damage Repair Design Services set forth in the attached Exhibit "A", which is incorporated herein by this reference. As a material inducement to the City to enter into this Agreement, Consultant represents and warrants that it has thoroughly investigated the work and fully understands the difficulties and restrictions in performing the work.

Consultant represents that it is fully qualified to perform such consulting services by virtue of its experience and the training, education and expertise of its principals and employees.

Hal Ghafari, P.E., Public Works Manager/Assistant City Engineer herein referred to as the “City’s Project Manager”), shall be the person to whom the Consultant will report for the performance of services hereunder. It is understood that Consultant shall coordinate its services hereunder with the City’s Project Manager to the extent required by the City’s Project Manager, and that all performances required hereunder by Consultant shall be performed to the satisfaction of the City’s Project Manager and the City Manager

2. Term of Agreement. This Agreement shall take effect June 18, 2025 and shall continue unless earlier terminated pursuant to the provisions herein.

3. Compensation. City agrees to compensate Consultant for each service which Consultant performs to the satisfaction of City in compliance with the scope of services set forth in Exhibit "A". Payment will be made only after submission of proper invoices in the form specified by City. Total payment to Consultant pursuant to this Agreement shall not exceed One Hundred Twenty-Two Thousand, Five Hundred Sixty-Eight Dollars and Zero Cents ($122,568.00) without the prior written consent of the City. The above not to exceed amount shall include all costs, including, but not limited to, all clerical, administrative, overhead, telephone, travel and all related expenses.

4. Payment.

A. As scheduled services are completed, Consultant shall submit to City an invoice for the services completed, authorized expenses and authorized extra work actually performed or incurred.

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B. All such invoices shall state the basis for the amount invoiced, including services completed, the number of hours spent, and any extra work performed.

C. City will pay Consultant the amount properly invoiced within 35 days of receipt, but may withhold 10% of any invoice until all work is completed, which sum shall be paid within 35 days of completion of the work and receipt of all deliverables.

D. Payment shall constitute payment in full for all services, authorized costs and authorized extra work covered by that invoice.

The amendment shall set forth the changes of work, extension of time, if any, and adjustment of the fee to be paid by City to Consultant.

6. Priority of Documents. In the event of any inconsistency between the provisions of this Agreement and any attached exhibits, the provisions of this Agreement shall control.

7. Status as Independent Contractor.

A. Consultant is, and shall at all times remain as to City, a wholly independent contractor. Consultant shall have no power to incur any debt, obligation, or liability on behalf of City or otherwise act on behalf of City as an agent. Neither City nor any of its agents shall have control over the conduct of Consultant or any of Consultant's employees, except as set forth in this Agreement. Consultant shall not, at any time, or in any manner, represent that it or any of its agents or employees are in any manner agents or employees of City.

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

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

10. Insurance.

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A. Consultant shall at all times during the term of this Agreement carry, maintain, and keep in full force and effect, with an insurance company authorized to do business in the State of California and approved by the City the following insurance:
(1) a policy or policies of broad-form comprehensive general liability insurance written on an occurrence basis with minimum limits of $1,000,000.00 combined single limit coverage against any injury, death, loss or damage as a result of wrongful or negligent acts by Consultant, its officers, employees, agents, and independent contractors in performance of services under this Agreement; (2) property damage insurance with a minimum limit of $500,000.00 per occurrence;
(3) automotive liability insurance written on an occurrence basis covering all owned, non-owned and hired automobiles, with minimum combined single limits coverage of $1,000,000.00;
(4) Worker's Compensation insurance when required by law, with a minimum limit of $500,000.00 or the amount required by law, whichever is greater; and (5) Professional liability insurance covering errors and omissions arising out of the performance of this Agreement with a combined single limit of $1,000,000. If such insurance is on a claims’ made basis, Consultant agrees to keep such insurance in full force and effect for at least five years after termination or date of completion of this Agreement.

C. All insurance policies shall provide that the insurance coverage shall not be non-renewed, canceled, reduced, or otherwise modified (except through the addition of additional insureds to the policy) by the insurance carrier without the insurance carrier giving City ten (10) day's prior written notice thereof. Consultant agrees that it will not cancel, reduce or otherwise modify the insurance coverage and in the event of any of the same by the insurer to immediately notify the City.

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E. Consultant shall submit to City (1) insurance certificates indicating compliance with the minimum insurance requirements above, and (2) insurance policy endorsements or a copy of the insurance policy evidencing the additional insured requirements in this Agreement, in a form acceptable to the City.

12. Ownership of Materials. Except as specifically provided in this Agreement, all materials provided by Consultant in the performance of this Agreement

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shall be and remain the property of City without restriction or limitation upon its use or dissemination by City. Consultant may, however, make and retain such copies of said documents and materials as Consultant may desire.

14. Conflict of Interest.

15. Termination. The City may terminate this Agreement with or without cause upon fifteen (15) days' written notice to Consultant. The effective date of termination shall be upon the date specified in the notice of termination, or, in the event no date is specified, upon the fifteenth (15th) day following mailing of the notice. In the event of such termination, City agrees to pay Consultant for services satisfactorily rendered prior to the effective date of termination. Immediately upon receiving written notice of termination, Consultant shall discontinue performing services, unless the notice provides otherwise, except those services reasonably necessary to effectuate the termination. The City shall be not liable for any claim of lost profits.

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17. Non-Discrimination and Equal Employment Opportunity.

18. Time of Completion. Consultant agrees to commence the work provided for in this Agreement within (5) days of being notified by the City to proceed and to diligently prosecute completion of the work or may otherwise be agreed to by and between the Project Manager and the Consultant.

19. Time Is of the Essence. Time is of the essence in this Agreement.

Consultant shall do all things necessary and incidental to the prosecution of Consultant's work.

20. Reserved.

22. Assignment. Consultant shall not assign or transfer any interest in this Agreement nor the performance of any of Consultant's obligations hereunder, without

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the prior written consent of City, and any attempt by Consultant to so assign this Agreement or any rights, duties, or obligations arising hereunder shall be void and of no effect.

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

26. Notices. Any notices, bills, invoices, or reports required by this Agreement shall be deemed received on (a) the day of delivery if delivered by hand during regular business hours or by facsimile before or during regular business hours; or (b) on the third business day following deposit in the United States mail, postage prepaid, to the addresses heretofore set forth in the Agreement, or to such other addresses as the parties may, from time to time, designate in writing pursuant to the provisions of this section.
“CONSULTANT” “CITY”
IDS Group, Inc. City of Diamond Bar
1 Peters Canyon Road 21810 Copley Drive
Suite 130 Diamond Bar, CA 91765-4178
Attn.: Dr. Said Hilmy Attn.: Dan Fox, City Manager
Phone: (949) 387-8500 Phone: (909) 839-7010

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

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

IN WITNESS of this Agreement, the parties have executed this Agreement as of the date first written above.
"Consultant" "City"
IDS Group, Inc. CITY OF DIAMOND BAR
By: By: ____
Printed Name: Dan Fox, City Manager
Title:

By: ATTEST:

Printed Name:

Title:

Kristina Santana, City Clerk
Approved as to form:

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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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CITY OF DIAMOND BAR
Department of Public Works
Diamond Bar Boulevard Damage Repair
at Mapache Drive
May 15, 2025

RESPONSE FILE

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1 Peters Canyon Road, Suite 130, Irvine California 92606 949.387.8500 949.387.0800 www.idsgi.com May 15, 2025 (Revised May 21, 2025)
City of Diamond Bar
21810 Copley Drive
Diamond Bar, California 91765
Attn: Hal Ghafari, PE, Public Works Manager/Assistant City Engineer SUBJECT: Diamond Bar Boulevard Damage Repair at Mapache Drive Dear Mr. Ghafari and Members of the Selection Committee, IDS Group, Inc. (IDS) is pleased to present our proposal to provide design services and develop plans, specifications, and estimates for the City of Diamond Bar to repair Diamond Bar Boulevard. As a fully integrated engineering/ architectural multidisciplinary firm, IDS has significant and proven experience in providing E/A design services for complex design renovations, additions, modernizations, and new construction for various facilities and project types.

IDS brings a proven track record of interfacing with project stakeholders and code compliance for public agency projects.

IDS’ Value to the City of Diamond Bar:
• We have roots spanning over six decades, covering a wide range of renovation, expansion, and new projects that are aligned with the City of Diamond Bar. IDS embeds a value-oriented design approach, applying knowledge of applicable code standards, which is integrated into our City of Diamond Bar project work experience. IDS is teaming with Hushman Associates, Inc., geotechnical engineers, to ensure that the provided geotechnical report and recommendations are correctly incorporated into the design provided to the City. • Our in-house E/A project team brings recent completed work experience for street rehabilitation projects that include, but not limited to, assessments, pre-design, engineering design services, and cost estimates. • Mr. Adrian Anderson, Associate Principal for the IDS Civil Engineering Division, will be the main point of contact for the City. Any questions pertaining to our submittal can be directed to Adrian at 949.387.8500 Ext. 509 or via email, [email protected]. Mr. Said Hilmy, PhD, PE, SE, LEED AP, Principal of IDS Group, hereby acknowledges that he will be the contract administrator for this submittal and will negotiate and contractually bind the firm regarding matters about this submittal.

IDS looks forward to continuing its relationship with the City of Diamond Bar with its quality technical expertise and design solutions.

Sincerely,
IDS Group
Adrian Anderson, PE Said Hilmy, PhD, PE, SE, LEED AP
Associate Principal, Civil / Project Manager Principal In Charge/Contract Administrator

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3 CITY OF DIAMOND BAR
Public Works
Diamond Bar Boulevard
Damage Repair at Mapache Drive

ORGANIZATION CHART
Said Hilmy, PhD, PE, SE, LEED AP
Principal in Charge /
Contract Administrator
Adrian Anderson, PE
Project Manager

CIVIL ENGINEERING TEAM
Paul Murray, PE
Senior Civil Engineer
Jason Wetterich, PE
Civil Engineer
Narith Lao, PE, PLS, QSD
Senior Land Surveyor
Jaime Rosenbach, PE, SE
Structural Engineer
Kristen Gros, ASLA, LEED AP ND
Senior Landscape Architect
Faisal Dahkil
Senior Cost Estimator

SUBCONSULTANTS
Hushmand Associates, Inc.

Geotechnical Engineering
C-Below Subsurface Imaging
Utilities Locating

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20 CITY OF DIAMOND BAR
Public Works
Diamond Bar Boulevard
Damage Repair at Mapache Drive

PROJECT UNDERSTANDING
The Diamond Bar Boulevard Damage Repair at Mapache Drive project includes preparing construction documents for slope stabilization repair along Diamond Bar Boulevard in the vicinity of Mapache Drive. Excluded from scope is the potential slope remediation located on private property, which includes the approximately 1.5:1 slope up to the City street and the HOA’s CMU block wall at the back of walk. The project area is defined within the geotechnical report previously prepared by Ninyo & Moore on March 8, 2024. The project will include civil and structural engineering design, land surveying, landscape architecture, and geotechnical engineering review services to support the roadway corridor slope stability enhancements along 70’ of Diamond Bar Boulevard in the vicinity of 21221 Mapache Drive.

PROJECT APPROACH
IDS’ approach to slope stabilization and necessary street and sidewalk improvements will be to focus on working in close collaboration with the City with the following approach in mind:
• Kick-off Meeting: Attend kick-off meeting with City stakeholders to determine project parameters, additional considerations, City needs and project goals (beyond stabilizing the slope), request existing documentation for review, and a site visit to understand the scope and scale of the project, and understand the vicinity existing conditions.
• Surveying: Prepare a topographic survey of the site including Diamond Bar Boulevard roadway from the block wall face to the raised median in the project vicinity. Survey excludes Mapache Drive and the slope on private property;
• Design: Design the slope stability system of piles so that the roadway users and private property owner will be protected from potential slope failure based on recommendations within the Ninyo & Moore report. Design of street sidewalk, curb and gutter, pavement and base, and existing landscape/irrigation will be performed to mitigate construction impacts;
• Geotechnical: As geotechnical slope stability challenges are the primary focus for the project, we are including Hushmand Associates, Inc. geotechnical engineers on our team to provide a high-level peer review of the

PROJECT UNDERSTANDING

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existing soils report and provide any additional feedback during design as well as provide added reassurance for the City that our team is working diligently to determine the proper path forward to meet the City’s overall goals;
• Utilities: Provide design that protects existing utilities in place to the extent feasible. Nearby overhead electrical utility lines are assumed to be protected in place, and handling other utilities will be determined based on asbuilt records and utility coordination requests for facility maps. It is assumed the contractor will provide GPR or other underground utility location tools and potholing prior to conducting soil pile construction. We are excluding underground utility locating at this time, but can retain our subconsultant, C-Below as needed upon as-builts review for an additional T&M fee;
• Easement Documents (Optional): If required, this optional task will include preparation of easement documents for construction access and maintenance easements for any proposed public improvements within the private property. It is assumed that existing walls, slopes, and utilities are within public right of way or within existing easements. This will require that additional survey identify existing easements and project right of way based on available record data and title reports (title reports are assumed to be provided by the City); • Bidding: Provide the City with design services support during the bid process, answer RFCs and clarify bid documents as-needed;
• Construction Administration: IDS will provide support during the construction phase for responding to contractor inquiries, RFIs, submittals, attend up to four virtual coordination meetings, and include limited visits to the site should the design or site conditions require further field clarification; and • As-Builts: Provide the City with as-built drawings to record the contractor’s field updates to the intended design drawings for future reference.

SCOPE OF WORK
TASK 1: Project Administration & Coordination
Task 1.1 Project Coordination: Includes management of the project team, coordination with the City and stakeholders, and general project management tasks. This task also assumes a monthly virtual coordination meeting as-needed for PM coordination and correspondence, and a kick-off meeting followed by a site visit.

TASK 2: Research
Task 2.1 Record Research and Utility Coordination: Includes requesting and reviewing utility maps, record drawings/as-builts, and other documents related to the development of the project and understanding of the historical and existing conditions.

Utility coordination includes research of Underground Service Alert (USA) database to determine what utility providers are in the project vicinity. Requests will be made for facility maps of each provider in the database. A log will be maintained to document responses and non-responses alike. Non-responsive utilities will be provided secondary notices. The facility maps will be incorporated into the utility base map files, which will themselves be compiled based on available as-built drawings and any at-grade appurtenances recorded by topographical surveying.

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TASK 3: Topographic Survey and Construction Documents
Task 3.1: Topographic Survey and Base Sheet Preparation: Includes preparing base sheets for the project design as well as the following elements by our survey team:
a. SURVEY CONTROL: Horizontal and vertical survey control will be established using existing centerline monuments, benchmarks, and utilizing the City of Diamond Bar vertical datum (NGVD 29) and the State Plane Coordinate System NAD 1983, Zone VI in US Feet. b. TOPOGRAPHIC SURVEY: Surface features will include full topo detail from face of block wall (at top of slope) to the raised median at 20’ intervals (project length assumed as approximately 100’) including crown of street within project limits, centerline monuments, centerline ties, asphalt, concrete, edge of gutter, flowline, top of curb, front of walk, back of walk, fences, walls, gates, trees, paint striping, surface utilities, manholes and any other prominent surface features for the purposes of Civil and Structural Design.

The survey will apply predominantly to the travel way and sidewalk adjacent to the work area, including the block wall at the top of slope. The opposing side of the street is separated by a raised median and is excluded from the project scope.
c. RECORD BOUNDARY: The Right-of-way will be established from the Record Maps, utilizing the found centerline monuments and ties. Record Right-of-Way is preliminary. It is assumed that the City will provide title reports for work within private property, and applicable easements will be mapped from said title reports.

Task 3.2: 60% Construction Documents (CDs): Preparation of 60% plans, specifications, and cost estimates.

Street design includes design for roadway repair of damaged street improvements as required for the geotechnical remedial repairs. This includes any signing and striping, curb and gutter, sidewalk, and asphalt roadway and base course replacements, and adjustment of existing utilities to finished grade.

Structural design includes detailing of a “pile- supported retaining system” as described and recommended in the Geotechnical Report, consisting of a row of cast in drilled hole (CIDH) reinforced concrete piles along the outer edge of the sidewalk at the top of the descending slope with reinforced concrete grade beams as required. Re-design and detailing of the sidewalk to match the current configuration are included. It must be pointed out that this structural repair methodology will not mitigate problems, if any, on the adjacent private property.

Continuous coordination with other the City and design team, as required, to ensure that all requirements and parameters in the Geotechnical report are met and complied with and any deviations are accounted for in the design.

Provide a complete set of Structural CDs and a complete set of Structural Calculations to support the CDs for submittal to the reviewing agency, and preparation of plan check correction responses as required to obtain a building permit.

Landscaping and Irrigation design is limited to replacement planting and irrigation for damage to same during construction within the project limits. Includes preparation of landscape and irrigation layout plans and details. Assumes irrigation water is existing within the project limits.

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Task 3.3: 90% CDs: Includes updates of 60% plans, specifications, and cost estimates deliverables based on City comments and progress submittal updates. It is assumed that at this phase of project development there will be no significant design changes.

Task 3.4: 100% CDs: Includes updates of 90% plans, specifications, and cost estimates deliverables based on City comments and progress submittal updates.

Task 3.5: Plan Check: Includes updates of 100% plans and specifications based on City plan check comments in preparation, as required, to obtain a building permit. It is anticipated that there would be up to two plan check review cycles.

TASK 4: Additional Geotechnical Support
Task 4.1 IDS is teaming with Hushmand Associates, Inc. to provide geotechnical support and additional review of the existing soils report and recommendations prepared by Ninyo & Moore. This is a not to exceed amount for support of the IDS design team and provides the City with an additional layer of expert geotechnical review in consideration of the primary project objective to stabilize the slope along the edge of the roadway. It is understood that any further geotechnical work by the geotechnical consultant of record may be authorized at the City’s discretion pending review and recommendations, if any, by the IDS team.

TASK 5: Bid Support
Task 5.1 IDS will assist the City during the bidding process by preparing responses to bidder RFCs, questions, and providing updates to the CDs for any errors or omissions. IDS will also assist the City with any bid addenda.

TASK 6: Construction Support
Task 6.1 Construction Support: Includes responses to contractor RFIs and submittals, and assist the City in the evaluation of Change Order requests. Includes limited field meetings to review conditions that require additional site clarification. Any design changes during construction may be subject to additional services request provided that the design change is not related to engineer error or omission.

TASK 7: As-Built Plans
Task 7.1 Prepare Record Drawings & Closeout: Includes preparation of as-built / record drawing plans based on contractor’s redlines and site walk punch list. Also includes project closeout, providing requested project records and data (native and PDF formats) via DropBox or thumb drive.

TASK 8: Easement Documents (Optional)
Task 8.1 Prepare Easement Documents (Optional): Includes optional task preparation of easement documents should any design elements be constructed on private property and are not within an existing easement thereon. Easements may be required for temporary construction access, grading, maintenance, proposed wall footings, etc. Corrective easements for existing conditions (such as utility easements, etc.) are not included in the scope of services. It is the intent of this task to provide easements for revised project site improvements on private property located at 21221 Mpache Dr.

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DELIVERABLES
The IDS team will address project concerns to the City’s satisfaction so that the project’s goals and objectives are met.

IDS will design and document the project to meet local and state design requirements. Plans, specifications and cost estimates submittals at 60%, 90%, and 100% will provide for adequate quality review time and agency review time including City plan check.

Schedule: The contract schedule will meet the city’s expectations for the design contract. The RFP Contract Term, Section I, mentions design contract dates from September 27, 2023, through March 31, 2024. This would allow approximately four (4) to five (5) months to progress through the 60%, 90%, and 100% milestones and allow approximately six (6) months for the City to bid and award the construction contract. IDS accepts this project schedule including the 2-week durations for City reviews. It is assumed that a formal plan check will occur at 90% design and may take more than 2 weeks.

ASSUMPTIONS AND EXCLUSIONS
Environmental Clearance Documents and Reports assumed as not required and are excluded from scope. • Water Quality is not assumed as a project requirements and is excluded from scope for low impact development (LID) design.
• Excludes topographic survey of private property slope and design for slope erosion control and grading of same.
• Excludes design for demolition and reconstruction of the block wall at the top of slope. • Hydrology/Hydraulic Analyses and Modeling and storm drain infrastructure design is excluded. • See also assumptions and exclusions in above scope of services tasks.

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SCHEDULE

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CITY OF DIAMOND BAR
Public Works
Diamond Bar Boulevard
Damage Repair at Mapache Drive

FEE PROPOSAL
Diamond Bar Slope Stabilization
5/14/2025 (Rev 5/21/2025)
Staff Allocations per Discipline:

Role/Classifications: Hours Fees Senior Land
Arch Designer Assoc.

Principal
Senior
Eng
Proj.

Eng BIM Assoc. Principal
Senior
Assoc Senior Eng Designer Senior
Surveyor
Designer
(Survey)
2-Man Survey
Crew
Senior Cost
Est.

Cost
Est.

Hushmand Associates,
Inc.

Hourly Rate: $ 196 $ 140 Hrs Fees $ 233 $ 196 $ 175 $ 147 Hrs Fees $ 225 $ 200 $ 190 $ 160 $ 200 $ 160 $ 310 Hrs Fees $ 175 $ 170 Hrs Fees (NTE) Task 1.0 - Project Administration & Coordination 38 $9,762 Kick-Off Meeting (1) 6 $1,944 0 $0 4 4 $784 2 4 6 $1,160 0 $0 Field Visit (1) 8 $3,088 0 $0 8 8 $1,568 8 8 $1,520 0 $0 Project Administration, Monthly meeting 24 $4,730 0 $0 0 $0 2 10 12 24 $4,730 0 $0 Task 2.0 - Research 29 $4,942
Utility notifications, as-built review, record data review 25 $4,160 0 $0 4 4 $784 1 4 20 25 $4,160 0 $0 Geotechnical Report review 4 $782 0 $0 2 2 $392 1 1 2 $390 0 $0 Task 3.0 - Topographic Survey and Construction
Documents
481 $82,376
Conduct Topographic Survey of Public and Private R/W 34 $7,040 0 $0 0 $0 2 8 16 8 34 $7,040 0 $0 60% CDs (Plans, Specifications, Cost Estimates) 212 $35,572 4 10 14 $2,184 2 8 36 32 78 $13,038 2 8 20 80 110 $18,650 10 10 $1,700 90% CDs (Plans, Specifications, Cost Estimates) 128 $21,484 4 8 12 $1,904 2 6 20 24 52 $8,670 2 4 10 40 56 $9,550 8 8 $1,360 100% CDs (Plans, Specifications, Cost Estimates) 69 $11,779 2 4 6 $952 2 4 16 16 38 $6,402 1 4 6 12 23 $4,085 2 2 $340 Plan Check 38 $6,501 1 2 3 $476 2 8 4 14 $2,380 1 2 4 12 19 $3,305 2 2 $340 Task 4.0 - Additional Geotechnical Support 4 $4,792
Additional Geotechical Support (Not-to-Exceed) 4 $4,792 0 $0 2 2 $392 2 2 $400 0 $0 $ 4,000 Task 5.0 - Bid Support 20 $3,664
Respond to bidder RFCs, updates to CDs for
errors/omissions (excludes design changes during bid) 20 $3,664 0 $0 4 4 8 $1,484 2 6 4 12 $2,180 0 $0 Task 6.0 - Construction Support 65 $11,721
RFI and Submittal Reviews, Coordination Meetings (up to 4), updates to CDs (excludes design changes during
construction)
65 $11,721 0 $0 2 12 20 4 38 $6,906 1 4 8 12 25 $4,465 2 2 $350 Task 7.0 - As-Built Plans 0 $4,527
As-Built Plans 28 $4,527 1 3 4 $616 5 8 13 $2,051 1 2 8 11 $1,860 0 $0 TOTAL - Hours 637 12 27 39 8 56 109 88 261 9 43 85 188 8 16 8 357 2 22 24 Total Fees $122,568 $6,132 $44,851 $63,495 $4,090 $4,000 Grand Total $122,568
Task 8.0 - Easement Documents (Optional)
Prepare Easement Documents for wall and TCE during
construction 0 $0 0 $0 0 $0 0 $0 0 $0
0 $0 0 $0 0 $0 0 $0 0 $0
Optional Tasks Total $50,000

FEE SCHEDULE
Subconsultant TOTAL Landscape Arch Structural
Subtotal Subtotal
Civil/Survey Estimation
Subtotal Subtotal
5/21/2025 1

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Agenda #: 5.15
Meeting Date: June 17, 2025
TO: Honorable Mayor and Members of the City Council
FROM: Daniel Fox, City Manager
TITLE: CONSULTANT SERVICES AGREEMENT WITH PRINCE GLOBAL SOLUTIONS, LLC. THROUGH JUNE 30, 2026.

STRATEGIC
GOAL: Open, Engaged & Responsive Government
RECOMMENDATION:

Approve, and authorize the City Manager to sign, the Consulting Services Agreement with Prince Global Solutions, LLC, for Federal advocacy services through June 30, 2026.

FINANCIAL IMPACT:

The total not-to-exceed amount of the Consultant Services Agreement is $50,500. The amount is based on a monthly retainer of $4,000 plus up to $2,500 in direct expenses.

The Fiscal Year 2025/26 Operating Budget includes sufficient funds for such services.

BACKGROUND:

Prince Global Services, LLC, (PGS) has been providing Federal advocacy services directly to the City since 2017. The main focus of the Consultant's services has been on the City's efforts in collaboration with the local, regional, and federal partners to secure funds and support for the State Route SR-57/SR-60 Confluence Project (Project). Over the years, the City has been actively pursuing funding opportunities to expedite the Project delivery to ensure that the Project progresses without a suspension. These efforts led to the successful completion of the construction of Phases I and II of the Project, the design of Phase III, and filling the funding gap of the Phase III construction.

Now that Phase III of the Project is fully funded and the construction work has commenced, the City will consider focusing on the missing Westbound SR-60 Direct Connector to the Grand Avenue component (WB Connector). The WB Connector was recommended by the 2017 SR-57/SR-60 Confluence Project Supplemental Needs Study (Study). The Study was supported by the City and other local and regional

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agencies and implemented by the Southern California Association of Governments (SCAG).

Additionally, the City is actively pursuing funding for various projects, including multiple parks projects at the Federal level, with support provided by PGS.

DISCUSSION:

On June 18, 2024, the City Council approved an agreement with the Consultant for Federal advocacy services. That agreement is set to expire on June 30, 2025. As a continuation of the advocacy work and consistent with the City's 2024-2027 Strategic Plan, PGS submitted a proposal in response to the City's request (Exhibit "A"). The Consultant's proposed scope of work for the Fiscal Year 2025/26 includes, but is not limited to, the following:

1. Work closely with the San Gabriel Valley Congressional delegation, Senate and House Committee staff, Federal Agency officials, and relevant stakeholder groups on matters that support the City’s Federal priorities.

2. Facilitate requests for Congressional earmarks to support City infrastructure projects, such as parks and community centers.

3. Support future City applications for funding from the Department of Transportation (DOT) and other agency discretionary grant programs;

4. As necessary and requested, continue advocating for the 57/60 Confluence Project before Congress and the Department of Transportation (DOT), as the Project's mainline improvements are underway and the City, LA Metro and the City of Industry are not currently pursuing Federal funding or policy initiatives for the Project. Whenever it becomes necessary, PGS will pursue any Federal funding or policy initiatives in support of the Project as directed by Diamond Bar;

5. Monitor and engage pertinent Congressional consideration of legislation that is of interest to the City;

6. Continue advocating for other policy measures and legislation that will assist the City in securing Federal funding to support local priorities;

7. Consider and monitor other legislation, regulations, and agency actions that would benefit or affect the City;

8. Consider and coordinate Congressional and DOT site visits to the City and otherwise as appropriate; and

9. Plan and coordinate the City’s visits to Washington, DC, as directed and recommend other visits when appropriate.

LEGAL REVIEW:

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

PREPARED BY:

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REVIEWED BY:

Attachments:

1. 5.15.a Consulting Services Agreement

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1 Professional Services – Non Design
1450836.1

CONSULTANT SERVICES AGREEMENT
[Non-Design Professionals]
THIS AGREEMENT (the "Agreement") is made as of June 17, 2025 by and between the City of Diamond Bar, a municipal corporation ("City") and Prince Global Solutions, LLC, a California limited liability company ("Consultant").

1. Consultant's Services.

Subject to the terms and conditions set forth in this Agreement Consultant shall provide to the reasonable satisfaction of the City the Federal Advocacy Services set forth in the attached Exhibit "A", which is incorporated herein by this reference. As a material inducement to the City to enter into this Agreement, Consultant represents and warrants that it has thoroughly investigated the work and fully understands the difficulties and restrictions in performing the work. Consultant represents that it is fully qualified to perform such consulting services by virtue of its experience and the training, education and expertise of its principals and employees.

David G. Liu, Public Works Director/City Engineer (herein referred to as the “City’s Project Manager”), shall be the person to whom the Consultant will report for the performance of services hereunder. It is understood that Consultant shall coordinate its services hereunder with the City’s Project Manager to the extent required by the City’s Project Manager, and that all performances required hereunder by Consultant shall be performed to the satisfaction of the City’s Project Manager and the City Manager

2. Term of Agreement. This Agreement shall take effect July 1, 2025, and shall continue until June 30, 2026 ("Term"), unless earlier terminated pursuant to the provisions herein.

3. Compensation.

A. City agrees to compensate Consultant for services which Consultant performs to the satisfaction of the City in compliance with the scope of services set forth in Exhibit “A”.

B. The City shall pay Consultant a retainer in monthly increments of Four Thousand Dollars and Zero Cents ($4,000.00).

C. Total payment to Consultant pursuant to this Agreement shall not exceed Fifty Thousand Five Hundred Dollars and Zero Cents ($50,500.00) without prior written consent of the City. This amount shall include all costs, including, but not limited to, all clerical, administrative, overhead, telephone, travel, and all related expenses.

D. Notwithstanding the above, if the City requests Consultant to travel, Consultant shall, upon submission of receipts evidencing the costs incurred, be paid for necessary and reasonable travel expenses in an amount not to exceed Two Thousand Five Hundred Dollars and Zero Cents ($2,500.00).

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4. Payment.

A. Consultant shall submit to City an invoice for the services completed, authorized expenses and authorized extra work actually performed or incurred.

B. All such invoices shall state the basis for the amount invoiced, including services completed, the number of hours spent and any extra work performed.

C. Payment will be made only after submission of proper invoices.

D. City will pay Consultant the amount properly invoiced within 30 days of receipt, which sum shall be paid within 30 days of completion of the work.

E. Payment shall constitute payment in full for all services, authorized costs and authorized extra work covered by that invoice.

The amendment shall set forth the changes of work, extension of time, if any, and adjustment of the fee to be paid by City to Consultant.

6. Priority of Documents. In the event of any inconsistency between the provisions of this Agreement and any attached exhibits, the provisions of this Agreement shall control.

7. Status as Independent Contractor.

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

9. Indemnification.

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the foregoing provisions are intended to be as broad and inclusive as is permitted by the law of the State of California and will survive termination of this Agreement. Except for the Indemnitees, this Agreement shall not be construed to extend to any third party indemnification rights of any kind. (3) The Consultant's obligations to indemnify, defend and hold harmless the City shall survive termination of this Agreement.

10. Insurance.

D. All policies of insurance shall cover the obligations of Consultant pursuant to the terms of this Agreement and shall be issued by an insurance company which is

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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. Consultant shall submit to City (1) insurance certificates indicating compliance with the minimum insurance requirements above, and (2) insurance policy endorsements or a copy of the insurance policy evidencing the additional insured requirements in this Agreement, in a form acceptable to the City.

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14. Conflict of Interest.

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Consultant or under it supervision, and all personnel engaged in the work shall be qualified to perform such services.

17. Non-Discrimination and Equal Employment Opportunity.

19. Time Is of the Essence. Time is of the essence in this Agreement.

Consultant shall do all things necessary and incidental to the prosecution of Consultant's work.

20. RESERVED.

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

25. RESERVED.

27. Notices. Any notices, bills, invoices, or reports required by this Agreement shall be deemed received on (a) the day of delivery if delivered by hand during regular business hours or by facsimile before or during regular business hours; or (b) on the third business day following deposit in the United States mail, postage prepaid, to the addresses heretofore set forth in the Agreement, or to such other addresses as the parties may, from time to time, designate in writing pursuant to the provisions of this section.
“CONSULTANT” “CITY”
Prince Global Solutions, LLC City of Diamond Bar
P.O. Box 711572 21810 Copley Drive
Herndon, VA 20171 Diamond Bar, CA 91765-4178
Attn.: Kevin D. Jones Attn.: Dan Fox, City Manager
Phone: (202) 550-9800 Phone: (909) 839-7010
E-mail: [email protected] E-mail: [email protected]

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IN WITNESS of this Agreement, the parties have executed this Agreement as of the date first written above.
"Consultant" "City"
Prince Global Solutions, LLC CITY OF DIAMOND BAR
By: ______ By: ____
Printed Name: Dan Fox, City Manager
Title:

By: ATTEST:

Printed Name:

Title:

Kristina Santana, City Clerk
Approved as to form:

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-- 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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Agenda #: 5.16
Meeting Date: June 17, 2025
TO: Honorable Mayor and Members of the City Council
FROM: Daniel Fox, City Manager
TITLE: LIST OF ROAD PROJECTS TO BE FUNDED BY SB 1: THE ROAD REPAIR AND ACCOUNTABILITY ACT OF 2017 FOR FY 2025/26.

STRATEGIC
GOAL: Responsible Stewardship of Public Resources
RECOMMENDATION:

Adopt Resolution No. 2025-21 authorizing the submission of FY 2025/26 List of Road Projects funded by SB-1: The Road Repair and Accountability Act of 2017.

FINANCIAL IMPACT:

Sufficient funds in the amount of $1,500,000 have been included in the FY 25/26 budget for the new capital improvement projects funded under the Road Repairs and Accountability Act of 2017 funded roadway projects. In addition to these new appropriations, remaining balances from FY 24/25 will remain effective and carryover to FY 25/26 for Road Repair and Accountability Act of 2017 funded capital improvement projects in the amount of $2,800,000.

New Appropriation FY 25/26: $1,500,000
Carryover Appropriation from FY 24/25: $1,300,000
Total FY 25/26 Appropriation: $2,800,000
BACKGROUND:

On April 28, 2017, the Governor signed Senate Bill (SB) 1, which is known as the Road Repair and Accountability Act (RMRA) of 2017. In order to address basic road maintenance, rehabilitation, and critical safety needs on both the state highway and local streets and road system, SB 1 increased per gallon fuel excise taxes, diesel fuel sales taxes, and vehicle registration fees.

SB 1 emphasizes the importance of accountability and transparency in the delivery of California’s transportation programs. Therefore, to be eligible for RMRA funding, the

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statute requires cities and counties to provide annual RMRA project reports to the California Transportation Commission (CTC).

Prior to receiving an apportionment of RMRA funds from the Controller in a fiscal year, a city must submit to the CTC a list of projects proposed to be funded with these funds.

All projects proposed to receive funding must be included in the budget and adopted by resolution by the City Council in a public meeting.

Once the CTC receives the project list from the City, it will report to the Controller that the list of projects has been submitted and are, therefore, eligible to receive an apportionment of RMRA funds for the applicable fiscal year. Attached to this report is the required resolution and project list that will be submitted to the CTC by July 1, 2025 (Attachment 1).

DISCUSSION:

The proposed FY 2025/26 budget anticipates allocating $2,800,000 in RMRA funds for the following improvement projects:

Carryover funding from FY 2024/25 - $1,300,000
Arterial Street Pavement Rehabilitation – Lemon Avenue (SR-60 to City Limit); Brea Canyon Cut-Off (SR57 to City Limits) - $900,000
Residential and Collector Street Rehab – Area 4 - $400,000 New funding in FY 2025/26 - $1,500,000
Arterial Street Rehab (Construction) - $1,500,000
• Brea Canyon Rd. from Diamond Bar Blvd. to Pathfinder Rd. • Brea Canyon Rd. from Pathfinder Rd. to Golden Springs Dr. • Diamond Bar Blvd. from SR-60 Off-Ramp to City Limits
A city receiving an apportionment of RMRA funds is required to sustain maintenance of effort (MOE) by spending at least the annual average of its general fund expenditures during the 2009/10, 2010/11, and 2011/12 fiscal years for street, road and highway purposes from the City’s general fund. This amount for the City of Diamond Bar has been determined to be $467,701. This MOE will be easily met each fiscal year.

LEGAL REVIEW:

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

PREPARED BY:

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REVIEWED BY:

Attachments:

1. 5.16.a Resolution No. 2025-21

2. 5.16.b Exhibit A - Project List

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RESOLUTION NO. 2025-21

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND

BAR, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA,

AUTHORIZING THE SUBMITTAL OF A PROJECT LIST OF ROAD
PROJECTS FUNDED BY SB 1: THE ROAD REPAIR AND
ACCOUNTABILITY ACT OF 2017 FOR FY 2025/26.

WHEREAS, Senate Bill 1 (SB 1), the Road Repair and Accountability Act of 2017 was passed by the Legislature and signed into law by the Governor in April 2017 in order to address the significant multi-modal transportation funding shortfalls statewide; and
WHEREAS, SB 1 emphasizes the importance of accountability and transparency in the delivery of California’s transportation programs; and WHEREAS, the City of Diamond Bar must submit a project list on an annual basis to the California Transportation Commission in order to be eligible for Road Maintenance and Rehabilitation Account (RMRA) funding; and WHEREAS, SB 1 requires the City to include the project list in the budget and adopt the list by resolution of the City Council in a public meeting; and WHEREAS, The City of Diamond Bar will receive an estimated $1,500,000 in Road Maintenance and Rehabilitation Account (RMRA) funding in Fiscal Year 2025-26; and
WHEREAS, The City of Diamond Bar will carry over an estimated $1,300,000 of RMRA funding from Fiscal Year 2024-25 to FY 2025-26 with a new appropriation in the amount of $1,500,000 for a total of $2,800,000 for FY 2025-26.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF DIAMOND BAR DOES HEREBY RESOLVE AS FOLLOWS:

SECTION 1. That the City Council of the City of Diamond Bar adopts the attached project list of road projects funded by RMRA funds (Exhibit A).

CITY OF DIAMOND BAR
__________________________
Chia Yu Teng, Mayor

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Resolution No. 2025-21
2 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 17
th day of June, 2025, by the
following vote:

AYES: COUNCIL MEMBERS:

NOES: COUNCIL MEMBERS:

ABSENT: COUNCIL MEMBERS:

ABSTAINED: COUNCIL MEMBERS:
__________________________
Kristina Santana, City Clerk

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STATE OF CALIFORNIA • CALIFORNIA TRANSPORTATION COMMISSION Senate Bill (SB) 1 Proposed Project List Form
* Required
Type
(Select from
dropdown list)
Explanation
(if "Other" is selected,
please explain)
?
PreConstruction
(mm/yyyy)
Construction
(mm/yyyy) Min. Max. Sustainability?
Technologies
?
Climate
Change
?
Complete
Streets
Elements
?
Description of
Elements
PP01 5455
Arterial – Lemon Avenue
(SR-60 to City Limit); Brea
Canyon Cut-Off (SR57 to
City Limits)
SI25105 Road Maintenance &
Rehabilitation
As part of the City's ongoing pavement rehabilitation
program, the entire width of the Lemon Avenue (SR 60
freeway to City Limits), Brea Canyon Cut-Off (SR 57
freeway to City Limits). This project cosist of a total of aproximately 0.7 center miles that are slated for
rehabilitation.

Lemon Avenue (SR 60 freeway to City
Limits), Brea Canyon Cut-Off (SR 57
freeway to City Limits)
02/2025 06/2025 10 20 29 55 No No No No
PP02 5455
Residential and Collector
Street Rehab - Area 4
(Construction)
SI25101 Road Maintenance &
Rehabilitation
As part of the City's ongoing pavement
rehabilitation program, the entire width of the
Lemon Avenue (SR 60 freeway to City Limits),
Brea Canyon Cut-Off (SR 57 freeway to City
Limits). This project cosist of a total of
aproximately 0.7 center miles that are slated for
rehabiliation.

Residential and Collectors streets
02/2025 06/2025 10 20 29 55 No No No No
PP03 5455
Arterial Street Rehab
(Construction)
- Brea Canyon Rd from
DBB to Pathfinder
- Brea Canyon Rd from
Pathfinder to Golden
Springs Dr
- Diamond Bar Blvd from
SR 60 off-ramp to City
Limits
SI262 Road Maintenance &
Rehabilitation
As part of the City’s ongoing pavement rehabilitation
program, the entire width of the following street
segments is scheduled for rehabilitation:

Brea Canyon Road from Diamond Bar Boulevard to
Pathfinder Road; Brea Canyon Road from Pathfinder
Road to Golden Springs Drive;
Diamond Bar Boulevard from the SR-60 off-ramp to the
City Limits. This project consists of a total of
approximately 3.8 centerline miles slated for
rehabilitation.

Brea Canyon Rd from DBB to Pathfinder
- Brea Canyon Rd from Pathfinder to
Golden Springs Dr
- Diamond Bar Blvd from SR 60 off-ramp to
City Limits
06/2025 06/2025 10 20 29 55 No No No No
PP04 5455
PP05 5455
PP06 5455
PP07 5455
PP08 5455
PP09 5455
PP10 5455
PP11 5455
PP12 5455
PP13 5455
PP14 5455
PP15 5455
PP16 5455
PP17 5455
PP18 5455
PP19 5455
PP20 5455
PP21 5455
PP22 5455
PP23 5455
PP24 5455
PP25 5455
PP26 5455
PP27 5455
PP28 5455
PP29 5455
PP30 5455
PP31 5455
PP32 5455
PP33 5455
PP34 5455
PP35 5455
PP36 5455
PP37 5455
Legislative District(s)
LoCode
Part 2: Project Information
Local Streets and Roads Program
Additional Project Elements
(Does the project include element(s) as described in SHC 2030 (c)-(f)? (Select Y/N from dropdown list)
Proposed ?
Project
(PP#)
* Project Title Project ID
(if any)
* Project Description
?
* Project Location
?
State Senate
State
Assembly
* Estimated
Completion Date
* Estimated
Useful Life
(# of Yr)
Project Type
?
1 of 2

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Agenda #: 5.17
Meeting Date: June 17, 2025
TO: Honorable Mayor and Members of the City Council
FROM: Daniel Fox, City Manager
TITLE: AMENDMENT NO. 3 TO TRAFFIC SIGNAL MAINTENANCE
SERVICES AGREEMENT WITH YUNEX TRAFFIC, LLC. THROUGH
JUNE 30, 2027.

STRATEGIC
GOAL: Safe, Sustainable & Healthy Community
RECOMMENDATION:

Approve, and authorize the City Manager to sign, Amendment No. 3 to the Traffic Signal Maintenance Services Agreement with Yunex Traffic, LLC (Yunex), extending the agreement for an additional two years through June 30, 2027.

FINANCIAL IMPACT:

The proposed Amendment No. 3 will maintain the annual not-to-exceed amount for the services agreement at $320,000. Sufficient Proposition C funds have been approved and are available in the adopted FY 2025/26 Operating Budget to fully fund the routine and extraordinary traffic signal maintenance services in the first year of the proposed extension. Sufficient funding will be requested under the FY 2026/27 Operating Budget for the second year of the extension.

BACKGROUND/DISCUSSION:

The City’s existing agreement with Yunex is set to expire on June 30, 2025. In accordance with the terms of the original agreement dated June 21, 2022, Yunex has requested a two-year extension based on its demonstrated record of exemplary performance.

This proposed Amendment No. 3 includes a 3.1% rate adjustment based on the Consumer Price Index (CPI) for the Los Angeles/Long Beach/Anaheim region. Section 3 of the original agreement is hereby amended to reflect this CPI-based increase. The total not-to-exceed compensation for Fiscal Years 2025/26 and 2026/27 remains capped at $320,000 and is sufficient to cover the revised rates, including the 3.1%

5.17 Packet Pg. 289
increase, as outlined in the contractor’s extension and rate request dated March 28, 2025 (attached as Exhibit “A”). Any compensation above this amount will require prior written authorization from the City.

Under this agreement, Yunex provides routine preventative maintenance, emergency response, and non-emergency repair services for the City’s traffic signal infrastructure.

This includes 66 signalized intersections (some shared with Caltrans and the City of Pomona), five State underpass bridges with soffit lighting, 66 Battery Backup System (BBS) units, and seven BlueTOAD detection units.

Prompt and effective maintenance of traffic signals is critical to public safety and efficient traffic operations. Approval of this amendment will ensure the continuity of these vital services through Fiscal Years 2025/26 and 2026/27.

LEGAL REVIEW:

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

PREPARED BY:

REVIEWED BY:

Attachments:

1. 5.17.a Third Amendment Agreement, Yunex

2. 5.17.b Exhibit A - Vendor's Request for Extension

5.17 Packet Pg. 290
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5.17.a
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Dan Fox, City Manager

5.17.a
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Page 1 of 1 ends

Yunex LLC
1026 E. Lacy Ave
Anaheim, CA 92805
714.284.0206
714.284.1150 Fax
https://yunextraffic.com
March 28, 2025
Christian Malpica
Associate Engineer
City of Diamond Bar
21810 Copley Dr.

Diamond Bar, CA 91765
Subject: FY2025-2027 Contract Extension with CPI increase Dear Mr. Malpica,
This letter shall serve as our official request for a contract extension and rate increase of 3.1% pursuant to the Consumer Price Index for the Los Angeles/Long Beach/Anaheim area. A copy of the report is attached for reference. With this increase, Yunex LLC will continue providing traffic signal maintenance services as per the terms and conditions of the existing agreement (“Maintenance Services Agreement by and between the City of Diamond Bar and Yunex LLC” Dated June 21st, 2022) between Yunex LLC, and the City of Diamond Bar for two additional years (July 1stst, 2025, to June 30th ,2027). An updated pricing sheet also attached for your reference.

We feel we have completed another successful and mutually beneficial year with the City of Diamond Bar. We thank you for your business and we are looking forward to continuing servicing all your maintenance needs.

Please feel free to contact me if you have any questions or concerns.

Sincerely,

YUNEX LLC
Joshua Ferras
Joshua Ferras
Regional Manager

EXHIBIT A

5.17.b
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Western Information Office
Bureau of Labor Statistics Geographic Information Western News Release News Release Information
25-357-SAN
Wednesday, March 12, 2025
Contacts
Technical information:
(415) 625-2270
[email protected]
www.bls.gov/regions/west
Media contact:
(415) 625-2270
Related Links
CPI historical databases
Consumer Price Index, Los Angeles area — February 2025
Area prices up 0.3 percent over the past month, up 3.1 percent from a year ago The Consumer Price Index for All Urban Consumers (CPI-U) for Los Angeles-Long Beach-Anaheim advanced 0.3 percent from January to February, the U.S. Bureau of Labor Statistics reported today. Regional Commissioner Chris Rosenlund noted that the all items less food and energy index was unchanged. The food index advanced 0.4 percent, and the energy index rose 4.1 percent. (Data in this report are not seasonally adjusted. Accordingly, month-to-month changes may reflect seasonal influences.) The Los Angeles area all items CPI-U advanced 3.1 percent for the 12 months ending in February. The food index rose 3.6 percent, and the energy index increased 0.1 percent.

The index for all items less food and energy increased 3.2 percent over the same time period.

View Chart Data
Food
The food index advanced 0.4 percent in February. The food at home index (grocery store purchases) advanced 0.5 percent, with higher prices in 4 of the 6 grocery categories.

The food away from home index (restaurant, cafeteria, and vending purchases) rose 0.4 percent for the same period.

U.S. BUREAU OF LABOR STATISTICS
Search Western Region Go
Western Home
Western Geography
Western Subjects
Western Archives
Contact Western

5.17.b
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The food index rose 3.6 percent over the year. The food at home index increased 2.5 percent, with higher prices in 4 of the 6 grocery categories. The food away from home index increased 4.8 percent.

Energy
The energy index increased 4.1 percent over the month. Gasoline prices increased 5.4 percent.

The energy index rose 0.1 percent over the year. Gasoline prices declined 1.2 percent.

All items less food and energy
The index for all items less food and energy was unchanged in February. Among the index’s components, prices were higher for new and used motor vehicles (+0.5 percent) and shelter (+0.2 percent). In contrast, prices were lower for recreation (-1.0 percent) and household furnishings and operations (-0.9 percent).

The index for all items less food and energy increased 3.2 percent over the year, reflecting higher prices for medical care (+4.5 percent) and shelter (+4.1 percent). In contrast, prices were lower for household furnishings and operations (-1.9 percent) and new and used motor vehicles (-1.4 percent).

Table A. Los Angeles-Long Beach-Anaheim, CA, CPI-U 1-month and 12-month percent changes, all items index, not seasonally adjusted Month
2021 2022 2023 2024 2025
1-month 12-month 1-month 12-month 1-month 12-month 1-month 12-month 1-month 12-month January 0.2 0.9 1.1 7.5 1.9 5.8 1.0 2.5 0.9 3.3
February 0.4 1.0 0.3 7.4 -0.3 5.1 0.5 3.4 0.3 3.1
March 0.5 2.2 1.5 8.5 0.1 3.7 0.7 4.0
April 1.1 3.6 0.5 7.9 0.7 3.8 0.6 3.9
May 0.6 3.9 0.8 8.0 0.1 3.2 0.1 3.9
June 0.6 4.0 1.1 8.6 0.5 2.5 -0.2 3.2
July 0.6 3.9 -0.2 7.7 0.0 2.7 0.2 3.4
August 0.2 4.0 0.1 7.6 0.7 3.3 0.1 2.9
September 0.3 4.6 0.5 7.8 0.3 3.2 0.2 2.8
October 0.9 5.4 0.6 7.5 -0.1 2.4 0.0 3.0
November 0.6 6.0 -0.8 6.0 -0.4 2.8 -0.2 3.2
December 0.4 6.6 -0.6 4.9 0.0 3.5 0.2 3.4
The March 2025 Consumer Price Index for the Los Angeles area is scheduled to be released on April 10, 2025.

Publication updates and changes
In accordance with annual practice, relative importance weights have been updated and are available online in the CPI Supplemental Table of Contents.

Effective with the January 2025 data release, several indexes and average price series were discontinued. More information is available on the CPI discontinued series page. Direct any inquiries to the CPI office using one of the CPI contact information options listed online.

Technical Note
The Consumer Price Index (CPI) is a measure of the average change in prices over time in a fixed market basket of goods and services. The Consumer Price Index for Los Angeles is published monthly. The set of components and sub-aggregates published for regional and metropolitan indexes is more limited than at the U.S. city average level; these indexes are byproducts of the national CPI program. Each local index has a much smaller sample size than the national or regional indexes and is, therefore, subject to substantially more sampling and other measurement error. As a result, local-area indexes are more volatile than the national or regional indexes. In addition, local indexes are not adjusted for seasonal influences. NOTE: Area indexes do not measure differences in the level of prices between cities; they only measure the average change in prices for each area since the base period.

A full all-items data series history for the original index value and for 1-month, 2-month, 3-month, 6-month, and 12-month percent changes can be accessed via BLS data query tools. A direct link to the all-items series is provided in Table 1 of this release under historical data.

The Los Angeles-Long Beach-Anaheim, CA Core Based Statistical Area includes Los Angeles and Orange Counties in California.

Refer to the national CPI news release technical note or the Handbook of Methods for more information.

Information in this release will be made available to individuals with sensory impairments upon request. Voice phone: (202) 691-5200; Telecommunications Relay Service: 7-1-1.

Table 1. Los Angeles-Long Beach-Anaheim, CA, CPI-U by expenditure category for February 2025, not seasonally adjusted (1982-84=100 unless otherwise noted)
Expenditure category
Indexes Percent change from -
Historical
data
Dec.
2024
Jan.
2025
Feb.
2025
Feb.
2024
Dec.
2024
Jan.
2025

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25 | Page
EXHIBIT "B"

CONTRACT UNIT PRICE SCHEDULE

OF TRAFFIC SIGNAL MAINTENANCE ITEMS

1. Routine Maintenance:

Qty. Unit Cost TOTAL
Each signalized intersection, per month _____ $_______ $________ Each pole mounted Flashing Beacon, _____ $_______ $________ per month
Underpass Bridge Light Maintenance, _____ $_______ $________ per month
Sub-Total $________

2. Semi-Annual Maintenance (except after rain):
a. Video Detection System maintenance where applicable, $________ clean video detection camera lens as needed
b. Signal Lenses and Signs maintenance $________
c. CCTV Cameras where applicable, clean camera lens $________ as needed
d. Battery Back-Up System Maintenance $________
e. BlueTOADs where applicable, clean units as needed $________ f. Replace controller cabinet filter $________
Sub-Total $________

3. Annual Maintenance:
(Field check paint condition and prepare an annual painting list of thirty-three (33) locations/year.
a. Painting of pedestrian heads and signal heads 1) Signal Head $ b. Including frameworks per signalized intersection, 2) Ped Head $ excluding controller and electric service cabinets 3 ) PPB $ Sub-Total $_________
66 3
6 78.87

41.24 54.64
5,205.42
123.72
327.84
5,656.98

83.51 939.24

83.51 41.24

32.99 4.12
1,184.61
350.54 per Signal Head
177.33 per Ped Head

88.67 per PPB
616.54

5.17.b
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26 | Page
Unscheduled/ Emergency Work (“Extra Work”)

4. Extraordinary Maintenance:
a. Replacement of standard 6’ x 6’ or circular detector $________ loops including saw cut lead-in and cable splicing
b. Installation of completed new pedestrian head with $________ Walkman/ Hand indication and solid-state transformer
c. Completed testing of traffic signal controller cabinets, $________ including all internal equipment and written certification d. Painting of traffic signal controller cabinet and Type III $________ electric service cabinet per signalized intersection (if needed) e. Replace existing signal lights assembly with LED unit $________ f. Installation of three-section traffic signal heads with $________ 12-inch glass lenses, backplates, and frameworks
g. Material and Parts:

Supplier’s invoice amount plus 15% markup $________
Regular Time Per Hour Overtime Per Hour
h. Labor:

Traffic Signal Maintenance $__________________ $______________ Supervisor
Traffic Signal Technician I $__________________ $______________ Traffic Signal Technician II $__________________ $______________ Traffic Signal Laborer $__________________ $______________ Traffic Signal Apprentice $__________________ $______________ Trainer $__________________ $______________
Other $__________________ $______________
Other $__________________ $______________
562.93
341.26
1,068.12
947.49
115.47
1,131.00
15%
146.92 181.97
128.36 159.81
128.36 159.81

96.91 151.56
104.13 136.09
136.09 171.15

N/A N/A

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27 | Page
Rate Per Hour
i. Equipment:

Pickup Truck $___________
Service Truck $___________
Service/ Ladder Truck $___________
Boom/ Ladder Truck $___________
Water Truck $___________
Concrete Saw and Truck $___________
Air Compressor with Tools $___________
Crane $___________
Bucket Truck $___________

10.31 25.78

NOT SAFE

25.78 1.03

1.03 67.01

36.09 5.17.b
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Agenda #: 5.18
Meeting Date: June 17, 2025
TO: Honorable Mayor and Members of the City Council
FROM: Daniel Fox, City Manager
TITLE: DECLARATION TO LEVY ASSESSMENTS FOR LANDSCAPE
ASSESSMENT DISTRICT NOS. 38, 39-2022 AND 41-2021 FOR
FISCAL YEAR 2025/26.

STRATEGIC
GOAL: Responsible Stewardship of Public Resources
RECOMMENDATION:

A. Adopt Resolution No. 2025-22 declaring the City’s intention to levy and collect assessments for Landscape Assessment District No. 38 and directing staff to advertise the Public Hearing to be set for the July 15, 2025 regular meeting; B. Adopt Resolution No. 2025-23 declaring the City’s intention to levy and collect assessments for Landscape Assessment District No. 39-2022 and directing staff to advertise the Public Hearing to be set for the July 15, 2025 regular meeting; and C. Adopt Resolution No. 2025-24 declaring the City’s intention to levy and collect assessments for Landscape Assessment District No. 41-2021 and directing staff to advertise the Public Hearing to be set for the July 15, 2025 regular meeting.

FINANCIAL IMPACT:

District No. 38
The assessment generated by this District, in the amount of $276,780, and $217,712 of the General Fund contribution, are approved for the operation and maintenance costs in the Fiscal Year 2025/26 Budget, Special Fund No. 238.

District No. 39-2022
The assessment generated by this District, in the amount of $687,986, and $59,543 of the General Fund contribution (6.62% General Benefit), with a $595,783 Fund Balance Carryover, are approved for the operation and maintenance costs in the Fiscal Year

5.18 Packet Pg. 299
2025/26 Budget, Special Fund No. 239.

District No. 41-2021
The assessment generated by this District, in the amount of $320,682, and $20,017 of the General Fund contribution (3.84% General Benefit), with a $235,563 Fund Balance Carryover, are approved for the operation and maintenance costs in the Fiscal Year 2025/26 Budget, Special Fund No. 241.

The General Fund contribution in the Engineer’s Report is slightly higher than the approved budget for FY 2025/26 due to the addition of a CIP project to the district. The budgeted amount will be amended at mid-year based on actual expenditures as they occur.

BACKGROUND/DISCUSSION:

District No. 38
On April 1, 2025, the City Council adopted Resolution No. 2025-09, ordering the City Engineer to prepare and file an Engineer's Report related to maintenance of improvements in Landscaping Assessment District No. 38 and any assessment thereon for Fiscal Year 2025/26.

The attached Engineer’s Report (Attachment 2) for the City’s Landscaping Assessment District Number 38 which is prepared pursuant to provisions of the Landscaping and Lighting Act of 1972 of Part 2 of Division 15 of the Streets and Highways Code of the State of California, includes authority for the report, estimated costs of improvements, a diagram for the District and the assessments.

The estimated number of assessable parcels within the District is 18,452 parcels. The amount assessed upon the lands within District Number 38 for Fiscal Year 2024/25 was $15.00 per parcel. The amount to be assessed for Fiscal Year 2025/26 is to remain at $15.00 per parcel. The assessments will be utilized to maintain the City’s medians and parkways.

The proposed assessment has been determined to be exempt from the provisions of Proposition 218 as set forth in section 5 (a): Any assessment imposed exclusively to finance the capital costs or maintenance and operation expenses for sidewalks, streets, sewers, water, flood control drainage systems or vector control.

District No. 39-2022
On April 1, 2025, the City Council adopted Resolution No. 2025-10, ordering the City Engineer to prepare and file an Engineer's Report related to maintenance of improvements in Landscaping Assessment District No. 39-2022 and any assessment thereon for Fiscal Year 2025/26.

The attached Engineer’s Report (Attachment 4) for the City’s Landscaping Assessment District Number 39-2022, which is prepared pursuant to provisions of the Landscaping

5.18 Packet Pg. 300
and Lighting Act of 1972 of Part 2 of Division 15 of the Streets and Highways Code of the State of California, includes authority for the report, estimated costs of operation and maintenance, a diagram for the District and the assessments.

The estimated number of assessable parcels within the District is 1,246 parcels. The draft Engineer’s Report contains a full and detailed description of the improvements, the boundaries of the assessment district and contains the proposed assessments upon assessable lots and parcels of land within the District. Said estimated cost results in a proposed Single-Family Equivalent (“SFE”) assessment rate of $566.57 for Zone A, $552.41 for Zone B, and $524.08 for Zone C for Fiscal Year 2025/26. Said proposed assessments include an authorized annual increase equal to the change in the Los Angeles-Riverside-Orange County Consumer Price Index (“CPI”) per year without further vote or ballot proceeding. The annual CPI from December 2023 to December 2024 was 3.42%.

The assessments will be utilized for the general maintenance of slopes, open space areas, and the five (5) mini parks within the District.

District No. 41-2021
On April 1, 2025, the City Council adopted Resolution No. 2025-11 ordering the City Engineer to prepare and file an Engineer's Report related to maintenance of improvements in Landscaping Assessment District No. 41-2021 and any assessment thereon for Fiscal Year 2025/26.

The attached Engineer’s Report (Attachment 6) for the City’s Landscaping Assessment District Number 41-2021, which is prepared pursuant to provisions of the Landscaping and Lighting Act of 1972 of Part 2 of Division 15 of the Streets and Highways Code of the State of California, includes authority for the report, estimated costs of operation and maintenance, a diagram for the District and the assessments.

The estimated number of assessable parcels within the District is 554 parcels. The draft Engineer’s Report contains a full and detailed description of the improvements, the boundaries of the assessment district, and the proposed assessments upon assessable lots and parcels of land within the District for Fiscal Year 2025/26. Said proposed assessment amounts for the single-family and multi-family parcels are $591.14 and $543.85, respectively, an increase of 3% from Fiscal Year 2024/25.

LEGAL REVIEW:

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

PREPARED BY:

5.18 Packet Pg. 301
REVIEWED BY:

Attachments:

1. 5.18.a Resolution No. 2025-22 (LAD No. 38)

2. 5.18.b LAD 38 Engineer's Report for FY2025/26 (Preliminary)

3. 5.18.c Resolution No. 2025-23 (LAD No. 39-2022)

4. 5.18.d LAD 39-2022 Engineer's Report for FY2025/26 (Preliminary)

5. 5.18.e Resolution No. 2025-24 (LAD No. 41-2021)

6. 5.18.f LAD 41-2021 for Engineer's Report FY2025/26 (Preliminary)

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RESOLUTION NO. 2025-22

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR TO DECLARE THE CITY’S INTENTION TO LEVY AND COLLECT ASSESSMENTS FOR LANDSCAPING ASSESSMENT DISTRICT NO. 38

AND DIRECT CITY STAFF TO ADVERTISE THE PUBLIC HEARING
BEFORE THE COUNCIL AT THE JULY 15, 2025 REGULAR MEETING.

WHEREAS, the City of Diamond Bar Landscaping Assessment District No. 38 (“District”) was created pursuant to Part 2 of Division 15 of the California Streets and Highways Code (§ 22500, et seq.), known as the Landscaping and Lighting Act of 1972 (“Act”); and
WHEREAS, NBS has been designated as Engineer of Work for purposes of these proceedings (the “Engineer of Work”) and ordered to prepare the Engineer’s Report in accordance with the Act; and
WHEREAS, the Engineer of Work has filed the Engineer’s Report (the “Report”) with the City Clerk, copies of which have been submitted to this City Council, which Report contains the information required by the Act, including: (a) a calculation of the portion of the services to be provided by the District that constitute a special benefit to the parcels in the District; (b) a methodology for assigning assessments to individual parcels; (c) a listing of each lot or parcel of property that would be subject to the proposed assessment; (d) the estimate of cost for the improvements; and (e) the amount of the proposed assessment for each lot or parcel for the fiscal year 2025-26.

WHEREAS, all legal prerequisites to the adoption of this Resolution have occurred.

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Diamond as follows:

Section 1. The Recitals, as set forth in this Resolution, are in all respects true and correct.

Section 2. The above-described Report submitted by the Engineer of Work relating to the District is hereby approved as filed.

Section 3. The Council hereby declares its intention to levy and collect assessments during fiscal year 2025-26 pursuant to the Act, within the area designated “City of Diamond Bar Landscaping Assessment District No. 38,” as shown on Exhibit “A” attached hereto and incorporated herein by reference.

Section 4. A general description of the improvements proposed for the aforementioned District is as follows:

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Resolution No. 2025-22
2 The installation, maintenance, and servicing of landscaping and any facilities which are appurtenant thereto or which are necessary or convenient for the maintenance and servicing thereof, including but not limited to, repair, removal or replacement, grading, clearing, removal of debris, pruning, fertilization, pest control and weed control, and the installation or construction of appurtenant facilities, including curbs, gutters, walls, sidewalks, paving, irrigation, or electrical facilities. Said installation, maintenance, and servicing of the landscaping and related work shall be within the area of the District as shown on Exhibit “A,” as attached hereto and incorporated by reference. The location and type of improvement are shown in Exhibit “A.”
Section 5. Reference is hereby made to the Report relating to said District hereinabove approved. Said Report is on file with the City Clerk of the City of Diamond Bar and contains a full and detailed description of the improvements, the boundaries of the District, and contains the proposed assessments upon assessable lots and parcels of land within the District for fiscal year 2025-26. Said proposed assessment per lot or parcel is the amount of $15.00, the same amount historically levied.

Section 6. This Council hereby fixes 6:30 p.m. on July 15, 2025, or as soon thereafter as the matter may be heard, in the SCAQMD Auditorium located at 21865 Copley Drive, Diamond Bar, California, as the time and place for a hearing before this Council on this question of the levy of the proposed assessments on assessable parcels within the District for fiscal year 2025-26 and hereby gives notice of said hearing.

Section 7. The City Council hereby determines and declares that the proposed assessments constitute a continuation of assessments existing on the effective date of Article XIII D of the California Constitution (the “Article XIII D”), that the assessments are imposed exclusively to finance the installation, maintenance, and servicing of improvements within the District, and that the assessment is exempt from the requirements of Article XIII D.

Section 8. The City Clerk shall certify to the adoption of this Resolution, and staff shall cause a true and correct copy of this Resolution to be published pursuant to California Government Code § 6061.

PASSED, ADOPTED AND APPROVED this 17
th day of June 2025.

CITY OF DIAMOND BAR
__________________________
Chia Yu Teng, Mayor

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Resolution No. 2025-22
3 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 the regular meeting of the City Council of the City of Diamond Bar held on the 17
th day of June 2025, by the following
roll call vote:

AYES: COUNCIL MEMBERS:

NOES: COUNCIL MEMBERS:

ABSENT: COUNCIL MEMBERS:

ABSTAINED: COUNCIL MEMBERS:

Kristina Santana, City Clerk

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Resolution No. 2025-22
4 Exhibit A

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nbsgov.com
Prepared by:

Corporate Headquarters
32605 Temecula Parkway, Suite 100
Temecula, CA 92592
Toll free: 800.676.7516
Fiscal Year 2025/26 Engineer’s Report For:

Landscaping Assessment District No. 38
June 2025

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TABLE OF CONTENTS

1. Engineer’s Letter.............................................................................................................1

2. Introduction ...................................................................................................................2

2.1 Background..............................................................................................................2

2.2 Process for Annual Assessment ..............................................................................2

2.3 Legislative Context ..................................................................................................3

3. Plans and Specifications..................................................................................................6

4. Estimate of Costs............................................................................................................8

4.1 District Budget.........................................................................................................8

4.2 Balance to Levy........................................................................................................8

5. Method of Apportionment............................................................................................ 10

5.1 Special Benefit.......................................................................................................10

5.2 General Versus Special Benefit .............................................................................12

5.3 Quantification of General Benefit.........................................................................13

5.4 Method of Assessment..........................................................................................16

5.5 Annual Assessment Calculation ............................................................................16

5.6 Duration of Assessment ........................................................................................16

5.7 Appeals and Interpretation ...................................................................................17

6. Assessment Diagram..................................................................................................... 18

7. Assessment Roll............................................................................................................ 19

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City of Diamond Bar
Landscaping Assessment District No. 38 - Fiscal Year 2025/26 Engineer’s Report 1

1. ENGINEER’S LETTER
WHEREAS, the City Council of the City of Diamond Bar (the “City”), State of California, under the Landscaping and Lighting Act of 1972 (the “Act”), directed NBS to prepare and file the Annual Engineer’s Report for the Landscaping Assessment District No. 38 (the “District”) for Fiscal Year 2025/26, in accordance with Article 4 of Chapter 1 of the Act and Article XIII D of the California Constitution (the “Article XIII D”). The report presents the plans and specifications describing the general nature, location and extent of the improvements to be maintained, an estimate of the costs of the administration, maintenance, operations and servicing of the improvements for Fiscal Year 2025/26, the diagram for the District, showing the area and properties to be assessed, and assessing the net amount upon the assessable lots and/or parcels within the District in proportion to the special benefit received.

NOW THEREFORE, the assessments as detailed in this Engineer’s Report and as summarized in the table below are made to cover the portion of the estimated costs of maintenance, operation, and servicing of said improvements to be paid by the assessable real property within the District in proportion to the special benefit received.

District
Parcel
Count (1)
Proposed
FY 2025/26
Rate
Proposed
FY 2025/26
Assessment Amount
Landscaping Assessment District
No. 38
18,452 $15.00 $276,780.00
(1) Includes active and levied parcels.

I, the undersigned, respectfully submit this Engineer’s Report and, to the best of my knowledge, information, and belief, the Engineer’s Report, Assessments, and the Assessment Diagram herein have been prepared, computed, and levied in accordance with the assessment methodology adopted, approved, and ordered by the City Council of the City of Diamond Bar at the time of District formation. ____________________________________________
John G. Egan, P. E.

Assessment Engineer

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City of Diamond Bar
Landscaping Assessment District No. 38 - Fiscal Year 2025/26 Engineer’s Report 2

2. INTRODUCTION

2.1 Background
The City services and maintains perimeter and median landscaping, and other improvements (the “Improvements”) to various parts of the City. In order to fund the maintenance and operation (the “Services”) of these improvements, the District was formed in 1984 by the County of Los Angeles prior to the incorporation of the City of Diamond Bar. Upon incorporation in 1989, the City assumed jurisdiction over the District. This Engineer’s Report (the "Report") was prepared to establish the budget for the Improvements (as described below) that will be funded by the Fiscal Year 2025/26 assessments and other revenue, and to determine the general and special benefits received from the Improvements by property within the District and the method of assessment apportionment to lots and parcels. This Report and the assessments have been made pursuant to Part 2 of Division 15 of the California Streets and Highways Code, commonly known as the Landscape and Lighting Act of 1972, and Article XIII D.

2.2 Process for Annual Assessment
As required by the procedures specified in the Act, an Engineer’s Report must be prepared on an annual basis which contains a full and detailed description of the improvements, the boundaries of the assessment district, and any zones therein, and the proposed assessments upon assessable lots and parcels of land within the assessment district.

The City Council must also annually adopt a Resolution of Intention which:
• Declares the intention of the City Council to levy and collect assessments within the assessment district for the fiscal year stated therein.
• Generally describes the existing and proposed improvements and any substantial changes proposed to be made in existing improvements.
• Refers to the assessment district by its distinctive designation and indicates the general location of the assessment district.
• Refers to the report of the engineer, on file with the City Clerk, for a full and detailed description of the improvements, the boundaries of the assessment district and any zones therein, and the proposed assessments upon assessable lots and parcels of land within the assessment district. • Gives notice of the time and place for public hearing by the City Council on the levy of the proposed assessment.
• States whether the assessment is proposed to increase from the previous year.

If the assessments are to be levied in the same or lesser amounts than the maximum assessment allowed, the City Clerk shall give notice of the public hearing by causing the Resolution of Intention to be published.

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City of Diamond Bar
Landscaping Assessment District No. 38 - Fiscal Year 2025/26 Engineer’s Report 3 improvements, any zones within the assessment district, and the proposed diagram or the proposed assessment. If the assessment to be levied exceeds the maximum assessment allowed, the City must comply with the procedures specified in Article XIII D and Proposition 218.

The City Council, upon conclusion of the public hearing must then adopt a resolution confirming the diagram and assessment, either as originally proposed or as changed by it. The adoption of the resolution shall constitute the levy of an assessment for the fiscal year referred to in the report. If confirmed, the assessments would be submitted to the County Auditor Controller for inclusion on the property tax roll.

Beginning in 2025, NBS became the Assessment Engineer for the District. To maintain an accurate reference and legally defensible record of the District, pertinent language used in previous engineer’s reports has been retained herein and is cited with footnotes, as appropriate.

2.3 Legislative Context
In 1996, California Voters adopted Proposition 218, the “Right to Vote on Taxes Act” which added Articles XIII C and XIII D to the California Constitution. Article XIII D imposes certain substantive and procedural requirements on any agency that wishes to levy special assessments.

Article XIII D imposes four basic substantive requirements on assessments1:
• All parcels that will have a special benefit conferred upon them and upon which an assessment will be imposed must be identified;
• The general benefits must be distinguished from the special benefits conferred on the parcels; • The proportionate special benefit derived by each parcel must be determined in relationship to the entirety of the capital improvement, the maintenance and operation expenses of the public improvement, or the cost of the property related service being provided; and • The amount assessed to a parcel must not exceed the reasonable cost of the proportional special benefit conferred on that parcel and does not include any costs attributable to the general benefit.

Since the initial passage of Proposition 218, several court rulings have helped provide context and direction on the practical implementation procedures and requirements for levying assessments. Several of the key concepts from these rulings are summarized below.

GENERAL BENEFIT
Article XIII D requires an agency to separate the general benefits from the special benefits conferred because only special benefits are assessable.

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City of Diamond Bar
Landscaping Assessment District No. 38 - Fiscal Year 2025/26 Engineer’s Report 4 The Court of Appeal in Beutz v. County of Riverside (2010) (“Beutz”) 3 quoted from the Legislative Analyst’s
Office pamphlet titled “Understanding Proposition 218” which states an agency must, “estimate the amount of special benefit landowners would receive from the project or service, as well as the amount of ‘general benefit.’ This step is needed because Proposition 218 allows local government to recoup from assessments only the proportionate share of cost to provide the special benefit.” The Court in Beutz furthered this idea stating, “Separating the general from the special benefits of a public improvement project and estimating the quantity of each in relation to the other is essential if an assessment is to be limited to the special benefits.”
The Court of Appeal in Silicon Valley Taxpayers' Association Incorporated v. Santa Clara County Open Space Authority (2008) (“SVTA”)
4 clarified that general benefits are not restricted to benefits conferred only on persons and property outside the assessment district but can include benefits both conferred on real property located in the district or to the public at large. The “public at large” includes all members of the public, including those who live, work, and shop within the district, and not simply transient visitors.

BENEFIT-BASED NOT COST-BASED
In Bonander v. Town of Tiburon (2009) (“Tiburon”)
5 , the Court of Appeal clarified the idea that assessments must be apportioned based upon benefit rather than cost. The Court stated, “proportionate special benefit is the basis upon which a project’s total assessable costs are apportioned among parcels within an assessment district.”
The assessment on a particular property cannot be based on the relative cost of the improvements, but rather the special benefit conferred on such property. The Court in Tiburon also stated, “an assessment represents the entirety of the cost of the improvement or property-related service, less any amount attributable to general benefits (which may not be assessed), allocated to individual properties in proportion to the relative special benefit conferred on the property.”

PUBLIC PROPERTY
Section 4, Subdivision (a) of Article XIII D states, in part, “Parcels within a district that are owned or used by any agency, the State of California or the United States shall not be exempt from assessment unless the agency can demonstrate by clear and convincing evidence that those publicly owned parcels in fact receive no special benefit.” Historically there had been differing opinions about whether this requirement that publicly owned property should not be exempt actually meant those properties must be assessed.

The Court of Appeal in Manteca Unified School District v. Reclamation District No. 17 et al (2017)6clarified this issue by stating, “Section 4, Subdivision (a) of Article XIII D of the California Constitution unambiguously conditions any continuing benefit assessment exemption on a showing by clear and convincing evidence of no special benefit.”
3 Beutz v. County of Riverside, 109 Cal. Rptr. 3d 851 (Cal. Ct. App. 2010) 4 Silicon Valley Taxpayers' Association Incorporated v. Santa Clara County Open Space Authority, 44 Cal. 4th 431 (2008). 5 Bonander v. Town of Tiburon, 147 Cal. App. 4th 1116 (Cal. Ct. App. 2007) 6 Manteca Unified School District v. Reclamation District No. 17 et al, C077906 (Cal. Ct. App. 2017)

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City of Diamond Bar
Landscaping Assessment District No. 38 - Fiscal Year 2025/26 Engineer’s Report 5

IMPRECISION
The Court in Tiburon acknowledged the difficulty of trying to precisely assign and measure special benefit, stating, “Any attempt to classify special benefits conferred on particular properties and to assign relative weights to those benefits will necessarily involve some degree of imprecision.” The Court in Tiburon went on to say that a formula assigning equal weight to different special benefits “may be a legally justifiable approach to measuring and apportioning special benefits, [but] it is not necessarily the only valid approach. Whichever approach is taken to measuring and apportioning special benefits, however, it must be both defensible and consistently applied.”

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City of Diamond Bar
Landscaping Assessment District No. 38 - Fiscal Year 2025/26 Engineer’s Report 6

3. PLANS AND SPECIFICATIONS
The work and improvements proposed to be undertaken by the City and the cost thereof paid from the levy of the annual assessment provide special benefit to assessor parcels within the District defined in the Method of Assessment herein. Consistent with the Act, the improvements are generally described as follows:

MEDIANS
The landscaped islands to be maintained by the District are located as follows:
• Diamond Bar Blvd
• Grand Ave
• Golden Springs Dr – 57 freeway overcrossing to West City Limits • Golden Prados Dr – Golden Springs Dr to Hopi St
• Tin Dr – Great Bend Dr to Diamond Bar Blvd
• Lemon Ave – Lycoming St to Golden Springs Dr
• Sunset Crossing Rd – 57 freeway off-ramp to Prospectors Rd • Prospectors Rd – at Dry Creek Rd; at Palo Cedro Dr; and at Beaverhead Dr • Pathfinder Rd at Brea Canyon Rd (east of 57 freeway)

PARKWAYS
The landscaped parkways to be maintained by the District are located as follows:
• Grand Ave – Summit Ridge to Diamond Bar Blvd, north side • Temple Ave – Diamond Bar Blvd to Golden Springs Dr, south side • Golden Springs Dr – Ballena Dr to End of cul-de-sac
• Golden Springs Dr – El Encino Dr to Platina Dr
• Golden Springs Dr – Rancheria Rd to end of cul-de-sac • Diamond Bar Blvd – Mountain Laurel Way to Maple Hill Rd • Pathfinder Rd – Evergreen Springs Dr to end of cul-de-sac • Brea Canyon Rd – at Gerndal St
• Golden Springs Dr – at Adel Ave
• Brea Canyon Rd – South of Pathfinder Rd to southerly City Limits, both sides • Sunset Crossing Rd – Big Falls Dr to Chapparal Dr

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City of Diamond Bar
Landscaping Assessment District No. 38 - Fiscal Year 2025/26 Engineer’s Report 7

TURF AREAS
The landscaped turf areas to be maintained by the District are located as follows:
• Diamond Bar Blvd – at Gold Rush Dr
• Grand Ave (east side) – from south of Rolling Knoll Dr to driveway at the Diamond • Bar Center
Installation, maintenance, and servicing of Improvements, may include, but are not limited to, turf and play areas, landscaping, ground cover, shrubs and trees, irrigation systems, lighting, fencing, entry monuments, graffiti removal and repainting, labor, materials, supplies, utilities and equipment, as applicable, at each of the locations owned, operated or maintained by the District.

Maintenance - means the furnishing of services and materials for the ordinary and usual maintenance, operation, and servicing of any improvement, including repair, removal, or replacement of all or part of any improvement; providing for the life, growth, health, and beauty of landscaping, including cultivation, irrigation, trimming, spraying, fertilizing, or treating for disease or injury; the removal of trimmings, rubbish, debris, and other solid waste; the cleaning, sandblasting, and painting of walls and other improvements to remove or cover graffiti.

Servicing - means the furnishing of electric current, or energy, gas or other illuminating agent for any public lighting facilities or for the lighting or operation of any other improvements, or water for the irrigation of any landscaping, the operation of any fountains, or the maintenance of any other improvements.

Incidental expenses include all of the following: (a) The costs of preparation of the report, including plans, specifications, estimates, diagram, and assessment; (b) the costs of printing, advertising, and the giving of published, posted, and mailed notices; (c) compensation payable to the County for collection of assessments; (d) compensation of any engineer or attorney employed to render services in proceedings pursuant to this part; (e) any other expenses incidental to the construction, installation, or maintenance and servicing of the Improvements; (f) any expenses incidental to the issuance of bonds or notes pursuant to Streets & Highways Code Section 22662.5; and (g) costs associated with any elections held for the approval of a new or increased assessment (according to Streets & Highways Code §22526).

Modifications to the District structure could include, but are not limited to, substantial changes or expansion of the Improvements provided, substantial changes in the service provided, modifications or restructuring of the District including annexation or detachment of specific parcels, revisions in the method of apportionment, or proposed new or increased assessments.

The assessment proceeds will be exclusively used for Improvements within the District plus incidental expenses.

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City of Diamond Bar
Landscaping Assessment District No. 38 - Fiscal Year 2025/26 Engineer’s Report 8

4. ESTIMATE OF COSTS

4.1 District Budget
Fiscal Year 2025/26 estimated costs of maintenance and servicing the Improvements as described in the Plans and Specifications of this Report are summarized below.

Description
Proposed
FY 2025/26 Costs
Salaries & Benefits (subsidized by General Fund) $52,992 Advertising 3,000
Utilities 159,500
Maintenance of Grounds/Buildings 50,000
Professional Services 7,500
Landscape Maintenance 211,500
Tree Maintenance 10,000
Total Estimated Expenditures $494,492
Contributions from Other Sources (1) (217,712)
Fiscal Year 2025/26 Net Amount to be Assessed (2) $276,780 (1) Includes City General Fund contribution.
(2) The net available funds, after incidental, administrative, financing, and other costs shall be expended exclusively for Improvements within the boundaries of the District or as described herein, and appropriate incidental and administrative costs as defined in the Plans and Specifications section.

A list containing the Fiscal Year 2025/26 assessment and number of parcels proposed to be assessed is included in Section 7 of this Report.

4.2 Balance to Levy
The following table shows the total costs, additional revenues and contributions, and the Balance to Levy for Fiscal Year 2025/26.

Description Amount
Salaries & Benefits $52,992
Operating Expenses & Services 441,500
Total District Costs $494,492
Contribution to (from) Operational Reserves 0
Other Revenue Sources (1) (217,712)
Balance to Levy $276,780
(1) Includes City General Fund contribution.

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Landscaping Assessment District No. 38 - Fiscal Year 2025/26 Engineer’s Report 9 Total District Costs - Includes the personnel services, maintenance, and operations, capital (including capital replacement costs), indirect costs, and equipment.

Contribution to (from) Operational Reserves - The operational reserves item provides funds to operate the District from the time period of July 1 (beginning of the fiscal year) through January when the County provides the City with the first installment of assessments collected from the property tax bills. This eliminates the need for the City to transfer funds from non-District accounts to pay for District charges during the first half of the fiscal year. Negative amounts shown here are transfers that are used to reduce the Balance to Levy.

Other Revenue Sources - The amount of additional funds designated for use by the District that are not from District assessments. These funds are added to the District account to reduce assessments and may be from either non-District sources including City General Fund contributions or District sources including interest earnings.

Balance to Levy - The total amount to be levied and collected through assessments for the current fiscal year. The Balance to Levy represents the sum of the total direct and administration costs, reserves, contributions, and other revenue sources.

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Landscaping Assessment District No. 38 - Fiscal Year 2025/26 Engineer’s Report 10

5. METHOD OF APPORTIONMENT
The following section includes an explanation of the benefits to be derived from the Improvements throughout the District, as well as a description of the assessment methodology used to apportion the total assessment to properties within the District.

The Fiscal Year 2024/25 Engineer’s Report was prepared by a different engineer of record and specific language from the Fiscal Year 2024/25 Engineer’s Report 7 has been referenced to describe the Method of Apportionment within the following section of this Report.

The District consists of all assessor parcels within the boundaries as defined by the Assessment Diagram included with this Report. Further, all assessor parcels, including all privately and publicly owned parcels, are identified by Assessor Parcel Numbers listed within the included assessment roll. The method used for apportioning the assessment is based on the proportional special benefits to be derived by the properties in the District over and above general benefits conferred on real property or to the public at large. The assessment is apportioned to the parcels in proportion to the relative special benefit from the Improvements.

The apportionment of special benefit is a two-step process: the first step is to identify the types of special benefit arising from the improvements, and the second step is to allocate the assessments to property based on the estimated relative special benefit for each type of property.

5.1 Special Benefit
The improvements are expected to confer certain special benefits to the parcels within the District.

Pursuant to the Prior Engineer’s Report, the special benefit conferred to parcels is more fully described as follows:

The following benefit categories summarize the types of special benefit to residential, commercial, industrial, and other lots and parcels resulting from the Improvements to be provided with the assessment proceeds. These types of special benefit are summarized as follows:

A. Proximity to Improved Landscaped Areas and Other Public Improvements within the District.

B. Access to Improved landscaped areas and Other Public Improvements within the District.

C. Improved Views within the District.

D. Extension of a property’s outdoor areas and green spaces for properties within close proximity to the Improvements.

The SVTA decision provides enhanced clarity to the definitions of special benefits from landscaping and parks to properties in three distinct areas: proximity, expanded or 7 Method of Apportionment and subsections as detailed in the Fiscal Year 2024/25 Engineer’s Report, City of Diamond Bar, Landscaping Assessment District No. 38, dated July 2024 and approved by City Council on June 18, 2024 (“Prior Engineer’s Report”).

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Landscaping Assessment District No. 38 - Fiscal Year 2025/26 Engineer’s Report 11 improved access, and views. The SVTA decision also clarifies that a special benefit is a service or improvement that provides a direct advantage to a parcel and that indirect or derivative advantages resulting from the overall public benefits from a service or improvement are general benefits. The SVTA decision also provides specific guidance that setback landscaping is a direct advantage and special benefit to property that is proximate to a landscaped area that is improved by an assessment:

The characterization of a benefit may depend on whether the parcel receives a direct advantage from the improvement (e.g. proximity to a park) or receives an indirect, derivative advantage resulting from the overall public benefits of the improvement (e.g. general enhancement of the district’s property values).

Proximity, improved access and views, in addition to the other special benefits listed herein further strengthen the basis of these assessments. 8 Pursuant to the Prior Engineer’s Report, the primary special benefits on landscaping are as set forth below:

1. Beautification of the streets which are used by all of the residents in Diamond Bar.

2. A sense of community pride resulting from well-maintained green spaces.

3. The enhancement of the value of property, which results from the foregoing benefits.

In addition, the following special benefits are identified in the Prior Engineer’s Report:

PROXIMITY TO IMPROVED LANDSCAPED AREAS WITHIN THE DISTRICT Only the specific properties within close proximity to the Improvements are included in the District. The District has been narrowly drawn to include the properties that receive special benefits from the Improvements. Therefore, property in the District enjoys unique and valuable proximity and access to the Improvements that the public at large and property outside the District do not share.

In absence of the assessments, the Improvements would not be provided, and the public improvements funded in the District would be degraded due to insufficient funding for maintenance, upkeep and repair.

Therefore, the assessments provide Improvements that are over and above what otherwise would be provided. Improvements that are over and above what otherwise would be provided do not by themselves translate into special benefits but when combined with the unique proximity and access enjoyed by parcels in the District, they provide a direct advantage and special benefit to property in the District.

ACCESS TO IMPROVED LANDSCAPED AREAS WITHIN THE DISTRICT Since the parcels in the District are nearly the only parcels that enjoy close access to the Improvements, they directly benefit from the unique close access to improved landscaping areas and other public improvements that are provided by the assessments.

This is a direct advantage and special benefit to property in the District. 8 Method of Apportionment and subsections as detailed in the Fiscal Year 2024/25 Engineer’s Report, City of Diamond Bar, Landscaping Assessment District No. 38, dated July 2024 and approved by City Council on June 18, 2024 (“Prior Engineer’s Report”).

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Landscaping Assessment District No. 38 - Fiscal Year 2025/26 Engineer’s Report 12

IMPROVED VIEWS WITHIN THE DISTRICT
The City, by maintaining permanent public improvements funded by the assessments in the District, provides improved views to properties in the District. The properties in the District enjoy close and unique proximity, access and views of the specific Improvements funded in the District; therefore, the improved and protected views provided by the assessments are another direct and tangible advantage that is uniquely conferred upon property in the District.

EXTENSION OF A PROPERTY’S OUTDOOR AREAS AND GREEN SPACES FOR PROPERTIES WITHIN CLOSE

PROXIMITY TO THE IMPROVEMENTS
In large part because it is cost prohibitive to provide large open land areas on property in the District, the residential, commercial, and other benefiting properties in the District do not have large outdoor areas and green spaces. The Improvements within the District provide additional outdoor areas that serve as an effective extension of the land area for proximate properties because the Improvements are uniquely proximate and accessible to property in close proximity to the Improvements. The Improvements, therefore, provide an important, valuable and desirable extension of usable land area for the direct advantage and special benefit of properties in the District because such properties have uniquely good and close proximity to the Improvements.

5.2 General Versus Special Benefit
Article XIIIC of the California Constitution requires any local agency proposing to increase or impose a benefit assessment to “separate the general benefits from the special benefits conferred on a parcel.” The rationale for separating special and general benefits is to ensure that property owners subject to the benefit assessment are not paying for general benefits. An assessment can fund special benefits but cannot fund general benefits. Accordingly, a separate estimate of the special and general benefit is given in this section. In other words:

Total
Benefit =
General
Benefit +
Special
Benefit
There is no widely accepted or statutory formula for general benefit. General benefits are benefits from improvements or services that are not special in nature, are not “particular and distinct” and are not “over and above” benefits received by other properties. SVTA provides some clarification by indicating that general benefits provide “an indirect, derivative advantage” and are not necessarily proximate to the improvements.

In this Report, the general benefit is liberally estimated and described and then budgeted so that it is funded by sources other than the assessment.

The starting point for evaluating general and special benefits is the current, baseline level of service. The assessment will fund Improvements “over and above” this general, baseline level and the general benefits estimated in this section are over and above the baseline.

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City of Diamond Bar
Landscaping Assessment District No. 38 - Fiscal Year 2025/26 Engineer’s Report 13 A formula to estimate the general benefit is listed below:

General
Benefit =
Benefit to Real
Property Outside
the District
+
Benefit to Real
Property Inside the
District that is Indirect
and Derivative
+
Benefit to
the Public
at Large
Special benefit, on the other hand, is defined in the state constitution as “a particular and distinct benefit over and above general benefits conferred on real property located in the district or to the public at large.” The SVTA decision indicates that a special benefit is conferred to a property if it “receives a direct advantage from the improvement (e.g., proximity to a park).” In these assessments, as noted, properties in the District have close and unique proximity, views and access to the Improvements and uniquely improved desirability from the Improvements and other properties and the public at large do not receive significant benefits because they do not have proximity, access or views of the Improvements. Therefore, the overwhelming proportion of the benefits conferred to property is special and is only minimally received by property outside the Districts or the public at large.

5.3 Quantification of General Benefit
Although the analysis used to support these assessments concludes that the benefits are solely special, as described above, consideration is made for the suggestion that a portion of the benefits are general.

General benefits cannot be funded by these assessments – the funding must come from other sources.

In this section, the general benefit from landscaping and other types of Improvements is liberally estimated and described and then budgeted so that it is funded by sources other than the assessment.

However, certain properties within the proximity/access radius of the Improvements, but outside of the boundaries of the District, may receive some benefit from the Improvements. Since this benefit is conferred to properties outside the District boundaries, it contributes to the overall general benefit calculation and will not be funded by the assessments. The general benefit to property outside of the District is calculated with the parcel and data analysis.

Since the properties outside the District with frontage abutting the Improvements cannot be assessed by the District, this is a form of general benefit to other property. The primary way that parcels outside the district benefit by the Improvements is from views.

Therefore, parcels that abut the landscape areas and are not separated from the Improvements by a privacy fence are counted for this general benefit. Since very few of the Improvements lie at the District boundary near occupied parcels, there are very few parcels in this category. The general benefit to property outside of the District is calculated as follows.

Assumptions:

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City of Diamond Bar
Landscaping Assessment District No. 38 - Fiscal Year 2025/26 Engineer’s Report 14 • 18 Parcels Outside the District
• 18,422 Parcels In the District
Calculation of General Benefit to Property Outside the District: 18 / (18 + 18,422) = 0.10%.

BENEFIT TO PROPERTY INSIDE THE DISTRICT THAT IS INDIRECT AND DERIVATIVE The “indirect and derivative” benefit to property within the District is particularly difficult to calculate. A solid argument can be presented that all benefit within the District is special, because the other Improvements are clearly “over and above” and “particular and distinct” when compared with the baseline level of service and the unique proximity, access and views of the other Improvements enjoyed by benefiting properties in the District.

Nevertheless, the SVTA decision indicates there may be general benefit “conferred on real property located in the district.” A measure of the general benefits to property within the assessment area is the percentage of land area within or directly abutting the District that is publicly owned and used for regional purposes such as major roads, rail lines, and other regional facilities because such properties used for regional purposes could provide indirect benefits to the public at large. Approximately 4.43% of the land area in the District is used for such regional purposes, so this is a measure of the general benefits to property within the District.

BENEFIT TO THE PUBLIC AT LARGE
The general benefit to the public at large can be estimated by the proportionate amount of time that the District’s Improvements are used and enjoyed by individuals who are not residents, employees, customers, or property owners in the District. It should be noted that these Improvements do not attract the public at large in the same way as park improvements – and they confer far less benefit to the public at large than do similar park improvements. In essence, the public does not visit an area to enjoy landscaping in the same way as they may visit a park.

One way to measure the special benefit to the general public is by the vehicle trips through an area with Improvements by people who are not residents within the District.

Of the four ways benefits are conferred (proximity, access, views, extension of a property’s green space, and creation of lots), the only benefit that is conferred by way of pass-by vehicle trips is views, which accounts for 25% of the total benefits. This is further reduced to 10% due the brevity of the views and because views are less critically important and are enjoyed much less often to the average non-resident driver than to a resident.

Specific data is not available for the number of vehicle trips by non-residents of the District past the Improvements, which lie mostly on arterial roadways. A conservative estimate of vehicle trips by nonresidents is 50% of all vehicle trips. Therefore 50% of 10% = 5.00% of the benefits from the other Improvements are general benefits to the public at large.

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City of Diamond Bar
Landscaping Assessment District No. 38 - Fiscal Year 2025/26 Engineer’s Report 15

TOTAL GENERAL BENEFITS
Using a sum of these three measures of general benefit, approximately 9.53% of the benefits conferred by the Improvements may be general in nature and should be funded by sources other than the assessment.

Landscaping General Benefit Calculation
Outside the District 0.10%
Inside the District 4.43%
Public At Large 5.00%
Total General Benefit 9.53%
Although this analysis finds that 9.53% of the assessment may provide general benefits from the Improvements, it was determined a requirement for a minimum contribution from sources other than the assessments of 10%. This minimum contribution above the measure of general benefits will serve to provide additional coverage for any other general benefits.

CURRENT GENERAL BENEFIT CONTRIBUTION FROM THE CITY
This general benefit cannot be funded from the assessments; it must be funded from other sources such as the City’s General Fund or other non-District funds. These contributions can also be in the form of inlieu contributions to the installation and maintenance of the Improvements such as other City assets that support and protect the Improvements. The City will contribute both monetary and in-lieu resources to ensure that the general benefits conferred by the proposed Improvements are not funded by the District’s assessments.

A summary and quantification of these other contributions from the City is discussed below:

The City owns, maintains, rehabilitates, and replaces curb and gutter along the border of the District Improvements. This curb and gutter serves to support, contain, retain, manage irrigation flow and growth, and provide a boundary for the Improvements.

The contribution from the City towards general benefit from the maintenance, rehabilitation, and replacement of the curb and gutter is conservatively estimated to be 5%.

The City owns and maintains a storm drainage system along the border of the District Improvements. This system serves to prevent flooding and associated damage to the Improvements and manage urban runoff including local pollutants loading from the Improvements. The contribution from the City towards general benefit from the maintenance and operation of the local storm drainage system is conservatively estimated to be 5%.

The City owns and maintains local public streets along the border of the District Improvements. These public streets provide access to the Improvements for its enjoyment as well as efficient maintenance. The contribution from the City towards general benefit from the maintenance of local public streets is conservatively estimated to be 5%.

The value of the construction of the improvements can be quantified and monetized as an annuity. Since this construction was performed and paid for by non-assessment funds, this “annuity” can be used to offset general benefit costs and is conservatively estimated to contribute 10%.

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City of Diamond Bar
Landscaping Assessment District No. 38 - Fiscal Year 2025/26 Engineer’s Report 16 The total General Benefit is liberally quantified at 10% which is entirely offset by the conservatively quantified total non-assessment contribution towards general benefit described above of 25%. Therefore, no additional General Benefit must be funded by the City.

5.4 Method of Assessment
The development of an assessment methodology requires apportioning benefit to determine the relative special benefit for each property. The precise language from the Prior Engineer’s Report is included below:

The net amount to be assessed upon lands within the District in accordance with this report is apportioned by a formula and method which fairly distributes the amount among all assessable lots or parcels in proportion to the estimated benefits to be received by each lot or parcel from the Improvements, namely the maintenance and servicing of public landscaping improvements within such District. The maintenance and servicing of public landscaping improvements installed and constructed in public places in the City provides a special benefit which is received by each and every lot or parcel within the District, tending to enhance their value.

The primary benefits on landscaping are set forth below:

1. Beautification of the streets which are used by all of the residents in the City.

2. A sense of community pride resulting from well-maintained green spaces.

3. The enhancement of the value of property, which results from the foregoing benefits.

The existing land use information indicates that well over 90 percent of the parcels within the City are residences. Because the special benefits derived apply equally to all residents and parcels, it has been determined that all assessable parcels would receive the same net assessment.9

5.5 Annual Assessment Calculation
The assessment per parcel is $15. For Fiscal Year 2025/26 the amount of the Assessment for the District is not increased from prior years.

5.6 Duration of Assessment
The District was formed or annexed in previous years. It is proposed that the assessments be continued every year after their formation or annexation, so long as the public improvements need to be maintained and improved, and the City requires funding for the improvements in the District. As noted previously, the assessment can continue to be levied annually after the City Council approves an annually updated 9 Method of Apportionment and subsections as detailed in the Fiscal Year 2024/25 Engineer’s Report, City of Diamond Bar, Landscaping Assessment District No. 38, dated July 2024 and approved by City Council on June 18, 2024 (“Prior Engineer’s Report”).

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City of Diamond Bar
Landscaping Assessment District No. 38 - Fiscal Year 2025/26 Engineer’s Report 17 Engineer’s Report, budget for the assessment, improvements to be provided, and other specifics of the assessment. In addition, the City Council must hold an annual public hearing to continue the assessment.

5.7 Appeals and Interpretation
Any property owner who feels that the assessment levied on the subject property is in error as a result of incorrect information being used to apply the foregoing method of assessment may file a written appeal with the City of Diamond Bar City Manager or his or her designee. Any such appeal is limited to correction of an assessment during the then-current Fiscal Year and applicable law. Upon the filing of any such appeal, the City Manager or his or her designee will promptly review the appeal and any information provided by the property owner. If the City Manager or his or her designee finds that the assessment should be modified, the appropriate changes shall be made to the Assessment Roll. If any such changes are approved after the Assessment Roll has been filed with the County for collection, the City Manager or his or her designee is authorized to refund to the property owner the amount of any approved reduction.

Any dispute over the decision of the City Manager or his or her designee shall be referred to the Diamond Bar City Council, and the decision of the City Council shall be final.

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City of Diamond Bar
Landscaping Assessment District No. 38 - Fiscal Year 2025/26 Engineer’s Report 18

6. ASSESSMENT DIAGRAM
The boundary of the District is coterminous with the City limits. The parcels to be assessed in the District are shown on the Assessment Diagram, which is on file with the City Clerk of the City of Diamond Bar and includes all those properties included in the original formation of the District and subsequent annexations.

The following Assessment Diagram is for general location only and is not to be considered the official boundary map. The lines and dimensions of each lot or parcel within the District are those lines and dimensions shown on the maps of the County Assessor of the County of Los Angeles, at the time this Report was prepared, and are incorporated by reference herein and made part of this report.

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City of Diamond Bar
Landscaping Assessment District No. 38 - Fiscal Year 2025/26 Engineer’s Report 19

7. ASSESSMENT ROLL
Assessor’s parcel identification, for each lot or parcel subject to the assessment, shall be based on the County Assessor’s secured roll data for the applicable year in which this report is prepared and is incorporated herein by reference.

A listing of assessor’s parcels subject to the assessments for Fiscal Year 2025/26, along with the assessment amounts, is on file in the office of the City Engineer and incorporated herein by reference.

Based on County Assessor’s secured roll data, current assessor’s parcels, including corrected and/or new assessor’s parcels, will be submitted and/or resubmitted to the County Auditor/Controller. The annual assessment amount to be levied and collected for the resubmitted parcel(s) shall be determined in accordance with the method of apportionment and assessment rate approved in this report. Therefore, if a single assessor’s parcel has a status change in development, other land use change, or subdivides into multiple assessor’s parcels, the charge amounts applied to each of the new assessor’s parcels shall be recalculated and applied according to the approved method outlined in the method of apportionment and assessment rate rather than a proportionate share of the original assessment amount.

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RESOLUTION NO. 2025-23

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR TO DECLARE THE CITY’S INTENTION TO LEVY AND COLLECT ASSESSMENTS FOR LANDSCAPING ASSESSMENT DISTRICT NO. 39- 2022 AND DIRECT CITY STAFF TO ADVERTISE THE PUBLIC HEARING BEFORE THE COUNCIL AT THE JULY 15, 2025 REGULAR MEETING.

WHEREAS, the City of Diamond Bar Landscaping Assessment District No. 39- 2022 (“District”) was created pursuant to Part 2 of Division 15 of the California Streets and Highways Code (§ 22500, et seq.), known as the Landscaping and Lighting Act of 1972 (“Act”); and
WHEREAS, NBS has been designated as Engineer of Work for purposes of these proceedings (the “Engineer of Work”) and ordered to prepare the Engineer’s Report in accordance with the Act; and
WHEREAS, the Engineer of Work has filed the Engineer’s Report (the “Report”) with the City Clerk, copies of which have been submitted to this City Council, which Report contains the information required by the Act, including: (a) a calculation of the portion of the services to be provided by the District that constitute a special benefit to the parcels in the District; (b) a methodology for assigning assessments to individual parcels; (c) a listing of each lot or parcel of property that would be subject to the proposed assessment; (d) the estimate of cost for the improvements; and (e) the amount of the proposed assessment for each lot or parcel for the fiscal year 2025-26.

WHEREAS, all legal prerequisites to the adoption of this Resolution have occurred.

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Diamond as follows:

Section 1. The Recitals, as set forth in this Resolution, are in all respects true and correct.

Section 2. The above-described Report submitted by the Engineer of Work relating to the District is hereby approved as filed.

Section 3. The Council hereby declares its intention to levy and collect assessments during fiscal year 2025-26 pursuant to the Act, within that area designated “City of Diamond Bar Landscaping Assessment District No. 39-2022,” as shown on Exhibit “A” attached hereto and incorporated herein by reference.

Section 4. A general description of the improvements proposed for the aforementioned District is as follows:

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Resolution No. 2025-23
2 Installation, maintenance and servicing of public and private areas and facilities, including but not limited to, landscaping, sprinkler systems, landscape corridors, ground cover, shrubs and trees, street frontages, drainage systems, lighting, fencing, graffiti removal and repainting, labor, materials, supplies, utilities and equipment, as applicable, for property owned and/or maintained by the City. Said installation, maintenance, and servicing of the landscaping and related work shall be within the area of the District as shown on Exhibit “A,” as attached hereto and incorporated by reference. The location and type of improvement are shown in Exhibit “A.”
Section 5. Reference is hereby made to the Report relating to the District hereinabove approved. Said Report is on file with the City Clerk of the City of Diamond Bar and contains a full and detailed description of the improvements, the boundaries of the District, and contains the proposed assessments upon assessable lots and parcels of land within the District for fiscal year 2025-26. Said estimated cost results in a proposed Single-Family Equivalent (“SFE”) assessment rate of $566.57. The fiscal year 2025-26 assessment rate for Zone A is $566.57, for Zone B is $552.41, and for Zone C is $524.08.

Section 6. Said proposed assessments include an authorized annual increase equal to the change in the Los Angeles-Riverside-Orange County Consumer Price Index (“CPI”) per year without further vote or ballot proceeding as authorized by prior majority approval of property owners. However, in January 2018, the Bureau of Labor Statistics (“BLS”) updated their geographic areas for computing CPI. Previously, the Los AngelesRiverside-Orange County index was made up of Los Angeles, Orange, Riverside, San Bernardino, and Ventura counties. The BLS divided this index into two areas; one that represents Los Angeles and Orange counties (Los Angeles-Long Beach-Anaheim) and another that represents Riverside and San Bernardino counties (Riverside-San Bernardino-Ontario). This Council hereby appoints the CPI to be used for the calculation of the assessments as the Los Angeles-Long Beach-Anaheim Index. The annual Los Angeles-Long Beach-Anaheim CPI from December 2023 to December 2024 was 3.42%.

Section 7. This Council hereby fixes 6:30 p.m. on July 15, 2025, or as soon thereafter as the matter may be heard, in the SCAQMD Auditorium located at 21865 Copley Drive, Diamond Bar, California, as the time and place for a hearing before this Council on this question of the levy of the proposed assessments on assessable parcels with the District for fiscal year 2025-26 and hereby gives notice of said hearing.

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Resolution No. 2025-23
3 PASSED, ADOPTED AND APPROVED this 17th day of June 2025.

CITY OF DIAMOND BAR
Chia Yu Teng, 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 the regular meeting of the City Council of the City of Diamond Bar held on the 17th day of June 2025, by the following roll call vote:

AYES: COUNCIL MEMBERS:

NOES: COUNCIL MEMBERS:

ABSENT: COUNCIL MEMBERS:

ABSTAINED: COUNCIL MEMBERS:

Kristina Santana, City Clerk

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Resolution No. 2025-23
4 Exhibit A

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nbsgov.com
Prepared by:

Corporate Headquarters
32605 Temecula Parkway, Suite 100
Temecula, CA 92592
Toll free: 800.676.7516
Fiscal Year 2025/26 Engineer’s Report For:

Landscaping Assessment District No. 39-2022
June 2025

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