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HomeMy WebLinkAbout2020/04/01 - Agenda PacketAGENDA FIRE PROTECTION DISTRICT BOARD -HOUSING SUCCESSOR AGENCY - SUCCESSOR AGENCY - PUBLIC FINANCE AUTHORITY - CITY COUNCIL Wednesday, April 1, 2020 10500 Civic Center Drive Rancho Cucamonga, CA 91730 REGULAR MEETINGS: 1st and 3rd Wednesdays - 7:00 P.M. ORDER OF BUSINESS: CLOSED SESSION TRI -COMMUNITIES CONFERENCE ROOM 4:30 P.M. REGULAR MEETINGS COUNCIL CHAMBERS 7:00 P.M. MEMBERS: MAYOR L. Dennis Michael CITY MANAGER John R. Gillison MAYOR PRO TEM Lynne B. Kennedy CITYATTORNEY James L. Markman COUNCIL Ryan A. Hutchison CITY CLERK Janice C. Reynolds MEMBERS Kristine D. Scott CITY TREASURER James C. Frost Sam Spagnolo THE RECENT PUBLIC HEALTH ORDER ISSUED BY THE SAN BERNARDINO COUNTY DEPARTMENT OF PUBLIC HEALTH TO PROTECT THE PUBLIC FROM FURTHER SPREAD OF THE CORONAVIRUS (COVID- 19) PROHIBITS PUBLIC GATHERINGS BETWEEN MARCH 18 TO APRIL 6, 2020. MEMBERS OF THE PUBLIC ARE ENCOURAGED TO WATCH CITY COUNCIL MEETINGS LIVE ON THE CITY'S WEBSITE AT https://www.cityofrc.us/your-government/city-council-agendas AS WELL AS REGULAR RCTV3 PROGRAMMING. IF YOU WISH TO MAKE EITHER A GENERAL PUBLIC COMMENT OR TO COMMENT ON A SPECIFIC AGENDA ITEM, REMOTE PUBLIC COMMENT IS AVAILABLE FOR THIS MEETING BY CALLING (909) 774-2751 DURING THE MEETING. In order to adhere to social distancing guidelines by the County of San Bernardino, members of the public will only be allowed to attend the meeting in person and address the City Council if they have items on the agenda. Pursuant to Governor Newsom's Executive Orders N-25-20 and N-29-20, members of the City Council or staff may participate in this meeting via a teleconference. If you are an individual with a disability and need a reasonable modification or accommodation pursuant to the Americans with Disabilities Act ("ADA") please contact the City Clerk's Office at (909) 774-2023 prior to the meeting for assistance. Please contact the City Clerk's Office 48 hours prior to the meeting so that the City can make reasonable arrangements to ensure assistance. The City of Rancho Cucamonga thanks you in advance for taking all precautions to prevent spreading the COVID-19 virus. If you have any questions, please contact the City Clerk's Office at (909) 774-2023. Page 1 Aft A_ INFORMATION FOR THE PUBLIC Le (AZHO WCAMONGrA TO ADDRESS THE FIRE BOARD, HOUSING SUCCESSOR AGENCY, SUCCESSOR AGENCY, PUBLIC FINANCE AUTHORITY AND CITY COUNCIL The Fire Board, Housing Successor Agency, Successor Agency, Public Finance Authority and City Council encourage free expression of all points of view. To allow all persons to speak, given the length of the Agenda, please keep your remarks brief. If others have already expressed your position, you may simply indicate that you agree with a previous speaker. If appropriate, a spokesperson may present the views of your entire group. To encourage all views and promote courtesy to others, the audience should refrain from clapping, booing or shouts of approval or disagreement from the audience. The public may address the Fire Board, Housing Successor Agency, Successor Agency, Public FinanceAuthority and City Council by filling out a speaker card and submitting it to the City Clerk. The speaker cards are located on the wall at the back of the Chambers, at the front desk behind the staff table and at the City Clerk's desk. Any handouts for the Fire Board, Successor Agency, Public Finance Authority or City Council should be given to the City Clerk for distribution. During "Public Communications," your name will be called to speak on any item listed or not listed on the agenda in the order in which it was received. The "Public Communications" period will not exceed one hour prior to the commencement of the business portion of the agenda. During this one hour period, all those who wish to speak on a topic contained in the business portion of the agenda will be given priority, and no further speaker cards for these business items (with the exception of public hearing items) will be accepted once the business portion of the agenda commences. Any other "Public Communications" which have not concluded during this one-hour period may resume after the regular business portion of the agenda has been completed. Comments are to be limited to five minutes per individual or less, as deemed necessary by the Chair, depending upon the number of individuals desiring to speak. If you are present to speak on an "Advertised Public Hearing" or on an "Administrative Hearing" Item(s), your name will be alled when that item is being discussed, in the order in which it was received. Comments are to be limited to five minutes per individual or less, as deemed necessary by the Chair, depending upon the number of individuals desiring to speak. AGENDA BACK-UP MATERIALS Staff reports and back-up materials for agenda items are available for review at the City Clerk's counter, the City's Public Libraries and on the City's website. A complete copy of the agenda is also available at the desk located behind the staff table during the Council meeting. LIVE BROADCAST Fire Board, Housing Successor Agency, Successor Agency, Public Finance Authority and City Council meetings are broadcast live on Channel 3 for those with cable television access. Meetings are rebroadcast on the second and fourth Wednesdays of each month at 7:00 p.m. Streaming Video on Demand is available on the City's website at www.cityofrc.us/your-government/city-council-agendas. The Fire Board, Successor Agency, Public Finance Authority and City Council meet regularly on the first and third Wednesday of the month at 7:00 p.m. in the Council Chambers located at 10500 Civic Center Drive. Members of the City Council also sit as the Fire Board, Housing Successor Agency, Successor Agency, and Public Finance Authority. Copies of the agendas and minutes can be found @ www.cityofrc.us If you need special assistance or accommodations to participate in this meeting, please contact the City Clerk's office at (909) 477-2700. Notification of 48 hours prior to the meeting will enable the City to make reasonable arrangements to ensure accessibility. Listening devices are available for the hearing impaired. Please silence all cell phones and devices while the meeting is in session. Page 2 APRIL 1, 2020 FIRE PROTECTION DISTRICT, SUCCESSOR AGENCY, HOUSING SUCCESSOR AGENCY, PUBLIC FINANCE AUTHORITY AND CITY COUNCIL AGENDA CLOSED SESSION - 4:30 P.M. Roll Call: Mayor Michael Mayor Pro Tem Kennedy Council Members Hutchison, Scott, Spagnolo A. ANNOUNCEMENT OF CLOSED SESSION ITEM(S) B. PUBLIC COMMUNICATIONS ON CLOSED SESSION ITEM(S) C. CITY MANAGER ANNOUNCEMENTS D. CONDUCT OF CLOSED SESSION - Tri -Communities Conference Room D.1. CONFERENCE WITH REAL PROPERTY NEGOTIATORS PER GOVERNMENT CODE SECTION 54956.8 FOR PROPERTY LOCATED AT 12467 BASE LINE ROAD IDENTIFIED AS PARCEL NUMBERS 1090-331-03-0000, 1090-331-04-0000, 1089-581-04-0000; NEGOTIATING PARTIES JOHN GILLISON, CITY MANAGER REPRESENTING THE CITY OF RANCHO CUCAMONGA, AND JOSEPH FILIPPI, JOSEPH FILIPPI WINERY AND VINEYARDS.; REGARDING PRICE AND TERMS. -CITY D.2. CONFERENCE WITH REAL PROPERTY NEGOTIATORS PER GOVERNMENT CODE SECTION 54956.8 FOR PROPERTY GENERALLY LOCATED AT THE RANCHO CUCAMONGA METROLINK STATION IDENTIFIED AS PARCEL NUMBERS 0209-272-11, 0209-143-21, AND 0209-272-22; NEGOTIATING PARTIES CITY MANAGER JOHN GILLISON, CITY MANAGER, REPRESENTING THE CITY OF RANCHO CUCAMONGA, CARRIE SCHINDLER REPRESENTING SBCTA, AND MICHAEL DIEDEN REPRESENTING EMPIRE YARDS AT RANCHO, LLC; REGARDING PRICE AND TERMS. - CITY D.3. CONFERENCE WITH REAL PROPERTY NEGOTIATORS PER GOVERNMENT CODE SECTION 54956.8 FOR REAL PROPERTY LOCATED AT 9763 8TH STREET, RANCHO CUCAMONGA; NEGOTIATING PARTIES, JOHN GILLISON, CITY MANAGER, REPRESENTING THE CITY OF RANCHO CUCAMONGA, AND TAI NGO, LEE & ASSOCIATES; REGARDING PRICE AND TERMS - CITY DA. CONFERENCE WITH REAL PROPERTY NEGOTIATORS PER GOVERNMENT CODE SECTION 54956.8 FOR PROPERTY LOCATED AT 8783 ETIWANDA AVENUE/12949 WHITTRAM AVENUE, FURTHER IDENTIFIED AS SAN BERNARDINO COUNTY TAX ASSESSOR'S PARCEL NUMBER 0229-162-14; NEGOTIATING PARTIES, JOHN GILLISON, CITY MANAGER, REPRESENTING THE CITY OF RANCHO CUCAMONGA, AND KULAR TRUCK LINE, INC., OWNER; REGARDING PRICE AND TERMS - CITY D.5. CONFERENCE WITH REAL PROPERTY NEGOTIATORS PER GOVERNMENT CODE SECTION 54956.8 FOR PROPERTY LOCATED AT 8810 ETIWANDA AVENUE, FURTHER IDENTIFIED AS SAN BERNARDINO COUNTY TAX ASSESSOR'S PARCEL NUMBER 0229131-07; NEGOTIATING PARTIES, JOHN GILLISON, CITY MANAGER, REPRESENTING THE CITY OF RANCHO CUCAMONGA, AND WILLIAM A. JONES AND JOAN F. JONES, Page 3 TRUSTEES OF THE JONES FAMILY TRUST OF 2010, AS TO AN UNDIVIDED 2/3 INTEREST AND BONNIE CATHRYN STRACK & WILLIAM R. RUSHING, AS SUCCESSOR TRUSTEE OF THE STRACK FAMILY TRUST, DATED MARCH 13, 2014, AS TO AN UNDIVIDED 1/3 INTEREST, OWNERS; REGARDING PRICE AND TERMS — CITY D.6. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION PURSUANT TO PARAGRAPH (1) OF SUBDIVISION (D) OF SECTION 54956.9; NAME OF CASE: NATURAL RESOURCES DEFENSE COUNCIL INC. V. CITY OF RANCHO CUCAMONGA, SAN BERNARDINO COUNTY SUPERIOR COURT, CASE NO. CIV DS 1937969 D.7. CONFERENCE WITH LABOR NEGOTIATOR ROBERT NEIUBER, HUMAN RESOURCES DIRECTOR PER GOVERNMENT CODE SECTION 54954.2 REGARDING LABOR NEGOTIATIONS WITH THE RANCHO CUCAMONGA CITY EMPLOYEES ASSOCIATION (RCCEA). — CITY E. RECESS CLOSED SESSION TO RECESS TO THE REGULAR FIRE PROTECTION DISTRICT, HOUSING SUCCESSOR AGENCY, SUCCESSOR AGENCY, PUBLIC FINANCE AUTHORITY, AND CITY COUNCIL MEETINGS AT 7:00 P.M. IN THE COUNCIL CHAMBERS AT CITY HALL, LOCATED AT 10500 CIVIC CENTER DRIVE, RANCHO CUCAMONGA, CALIFORNIA. REGULAR MEETING - 7:00 P.M. COUNCIL CHAMBERS THE REGULAR MEETINGS OF THE FIRE PROTECTION DISTRICT, HOUSING SUCCESSOR AGENCY, SUCCESSOR AGENCY, PUBLIC FINANCE AUTHORITY, AND CITY COUNCIL WILL BE CALLED TO ORDER. IT IS THE INTENT TO CONCLUDE THE MEETINGS BY 10:00 P.M., UNLESS EXTENDED BY CONCURRENCE OF THE FIRE BOARD, AGENCIES, AUTHORITY BOARD AND COUNCIL. Pledge of Allegiance Roll Call: Mayor Michael Mayor Pro Tem Kennedy Council Members Hutchison, Scott and Spagnolo A. ANNOUNCEMENT/ PRESENTATIONS A.1. Presentation of a Proclamation Declaring the Month of April 2020 as "Donate Life Month". B. PUBLIC COMMUNICATIONS This is the time and place for the general public to address the Fire Protection District, Housing Successor Agency, Successor Agency, Public Finance Authority Board, and City Council on any item listed or not listed on the agenda. State law prohibits the Fire Protection District, Housing Successor Agency, Successor Agency, Public Finance Authority Board, and City Council from addressing any issue not previously included on the Agenda. The Fire Protection District, Housing Successor Agency, Successor Agency, Public Finance Authority Board, and City Council may receive testimony and set the matter for a subsequent meeting. Comments are to be limited to five minutes per individual or less, as deemed necessary by the Mayor, depending upon the number of individuals desiring to speak. All communications are to be addressed directly to the Fire Board, Agencies, Successor Agency, Authority Board, or City Council not to the members of the audience. This is a professional business meeting and courtesy and decorum are expected. Please refrain from any debate between audience and speaker, making loud noises, or engaging in any activity which might be disruptive to the decorum of the meeting. The public communications period will not exceed one hour prior to the commencement of the business portion of the agenda. During this one hour period, all those who wish to speak on a topic contained in the business portion of the agenda will be given priority, and no further speaker cards for these business items (with the exception of public hearing items) will be accepted once the business portion of the agenda commences. Any other public communications which have not concluded during this one hour period may resume after the regular business portion of the agenda has been completed. Page 4 CONSENT CALENDARS: The following Consent Calendar items are expected to be routine and non -controversial. They will be acted Consideration of Meeting Minutes: Regular Meetings of March 18, 2020. upon by the Fire Board/Housing Successor Agency/Successor Agency/Authority Board/Council at one time G.2. without discussion. Any item may be removed by a Fire Board/Housing Successor Agency/Successor 31 Agency/Authority Board/Council Member for discussion. Registers (No checks Issued to Southern California Gas Company) in the Amount of C. CONSENT CALENDAR - FIRE PROTECTION DISTRICT $6,240,237.38 Dated March 09, 2020 Through March 22, 2020 and Electronic Debit Register for 8 C.1. Consideration of Meeting Minutes: Regular Meetings of March 18, 2020. the Month of February in the Amount of $1,852,056.24 C.2. Consideration to Approve Bi -Weekly Payroll in the Amount of $683,377.26 and Weekly Check 19 Registers (No Checks Issued to Southern California Gas Company) in the Amount of 43 $844,757.40 Dated March 09, 2020 Through March 22, 2020 and Electronic Debit Register for Landscape Citizens' Oversight Committee. the Month of February in the Amount of $549,976.70. GA. D. CONSENT CALENDAR - HOUSING SUCCESSOR AGENCY 8 D.1. Consideration of Meeting Minutes: Regular Meetings of March 18, 2020 Agenda Meeting Management System, in an amount not to exceed $20,000 for the remainder of E. CONSENT CALENDAR - SUCCESSOR AGENCY 8 E.1. Consideration of Meeting Minutes: Regular Meetings of March 18, 2020 F. CONSENT CALENDAR - PUBLIC FINANCE AUTHORITY F.1. Consideration of Meeting Minutes: Regular Meetings of March 18, 2020 8 G. CONSENT CALENDAR - CITY COUNCIL G.1. Consideration of Meeting Minutes: Regular Meetings of March 18, 2020. G.2. Consideration to Approve Bi -Weekly Payroll in the Amount of $1,159,899.23 and Weekly Check 31 Registers (No checks Issued to Southern California Gas Company) in the Amount of $6,240,237.38 Dated March 09, 2020 Through March 22, 2020 and Electronic Debit Register for the Month of February in the Amount of $1,852,056.24 G.3. Consideration of Reappointment of Two Committee Members to the Community Parks and 43 Landscape Citizens' Oversight Committee. GA. Consideration of a Professional Services Agreement with PrimeGov Solutions, LLC, for an 45 Agenda Meeting Management System, in an amount not to exceed $20,000 for the remainder of Fiscal Year 2019/2020 and a total contract amount not to exceed $110,000. G.5. Consideration of Resolution No. 2020-016, Declaring a Trusted System for the Management of 83 City and Fire Protection District Official Records. RESOLUTION NO. 2020-016 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO 85 CUCAMONGA, CALIFORNIA, DECLARING A TRUSTED SYSTEM FOR THE MANAGEMENT OF CITY AND FIRE PROTECTION DISTRICT OFFICIAL RECORDS G.6. Consideration to Award a Contract to Landscape West Management Services, Inc. for LIVID 2 86 Parkway Paseo and Median Island Landscape and Irrigation Maintenance. G.7. Consideration to Award a Contract to Mariposa Landscapes, Inc. for LIVID 4R Parkway Paseo 273 and Median Island Landscape and Irrigation Maintenance. G.8. Consideration to Award Contract to Siemens Mobility, Inc. for the "Traffic Signal Battery Backup 436 System Replacement FY 19-20 Project". G.9. Consideration to Accept Public Improvements on Almond Street and Almond Avenue Per 559 Improvement Agreement Related to Parcel Map 19615 As Complete, File the Notice of Completion, and Authorize Release of Bonds. G.10. Consideration of Amendment No. 02 to Professional Services Agreement with Magellan 562 Advisors, LLC (CO18-103) in the Amount of $40,000 for Fiscal Year 2019/20 and Authorize an Appropriation in the Amount of $40,000 from the Fiber Optic Network Fund for Design Services. 564 G.11. Consideration to Approve Addendum No. 5 to the Utility Services Agreement with the City of Riverside Page 5 Public Utilities (CO#2010-139) for a 3 -Year Contract Extension. G.12. Consideration to Adopt a Resolution Allocating the Road Maintenance and Rehabilitation 568 Program Funds for Fiscal Year 2020/21. RESOLUTION NO. 2020-018 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, STATE 570 OF CALIFORNIA, ADOPTING THE PROJECTS FOR THE ROAD MAINTENANCE AND REHABILITATION PROGRAM FOR FISCAL YEAR 2020/21 FOR THE EXPENDITURE OF ROAD MAINTENANCE AND REHABILITATION ACCOUNT (RMRA) FUNDS G.13. Consideration to Accept as Complete, File the Notice of Completion and Authorize Release of 572 Retention and Bonds for The Safety Lighting Installation Project at Terra Vista Parkway and Spruce Avenue. G.14. Consideration to Authorize Appropriation and Approve the Purchase of a Cannabis 576 Abatement Trailer from The Drug Abatement Act Fund. G.15. Consideration to Schedule a Public Hearing for May 20, 2020 for Placement of Liens for 578 Abatement Services. H. CONSENT ORDINANCES The following Ordinances have been introduced for first reading. Second readings are expected to be routine and non -controversial. The City Council will act upon them at one time without discussion. The City Clerk will read the title. Any item can be removed for discussion by a Council Member. I. ADMINISTRATIVE HEARING ITEM J. ADVERTISED PUBLIC HEARINGS - CITY COUNCIL/FIRE PROTECTION DISTRICT K. CITY MANAGER'S STAFF REPORTS K.1. Consideration to Adopt Resolutions of the City Council and the Fire Protection District Board of 579 Directors Ratifying Executive Order 2020-1 of the Director of Emergency Services. RESOLUTION NO. 2020-019 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, 581 CALIFORNIA, RATIFYING THE DIRECTOR OF EMERGENCY SERVICES' EXECUTIVE ORDER 2020-1 TO SUSPEND BUSINESS LICENSE PENALTIES AND ADMINISTRATIVE CITATIONS, AND MODIFY REFUND PROCEDURES FOR THE COMMUNITY SERVICES DEPARTMENT, DURING THE LOCAL EMERGENCY CAUSED BY THE COVID-19 PANDEMIC (City) RESOLUTION NO. FD2020-003 A RESOLUTION OF THE BOARD OF DIRECTORS OF THE RANCHO CUCAMONGA FIRE 585 PROTECTION DISTRICT RATIFYING THE DIRECTOR OF EMERGENCY SERVICES' EXECUTIVE ORDER 2020-1 TO WAIVE, DEFER, OR SUSPEND CERTAIN FEES AND INSPECTIONS OF THE RANCHO CUCAMONGA FIRE PROTECTION DISTRICT DURING THE LOCAL EMERGENCY CAUSED BY THE COVID-19 PANDEMIC (Fire) L. COUNCIL BUSINESS L.1. COUNCIL ANNOUNCEMENTS (Comments to be limited to three minutes per Council Member.) L.2. INTER -AGENCY UPDATES (Update by the City Council to the community on the meetings that were attended.) M. IDENTIFICATION OF ITEMS FOR NEXT MEETING N. ADJOURNMENT CERTIFICATION Page 6 I, Linda A. Troyan, MMC, City Clerk Services Director of the City of Rancho Cucamonga, or my designee, hereby certify under penalty of perjury that a true, accurate copy of the foregoing agenda was posted on at least Seventy -Two (72) hours prior to the meeting per Government Code 54954.2 at 10500 Civic Center Drive, Rancho Cucamonga, California and on the City's website. Page 7 DATE: April 1, 2020 TO: Mayor and Members of the City Council FROM: John R. Gillison, City Manager INITIATED BY: Linda A. Troyan, City Clerk Services Director SUBJECT: CONSIDERATION OF MEETING MINUTES: REGULAR MEETINGS OF MARCH 18, 2020. RECOMMENDATION: Staff recommends approval of the Meeting Minutes of Regular Meetings of March 18, 2020. BACKGROUND: N/A ANALYSIS: N/A FISCAL IMPACT: N/A COUNCIL GOAL(S) ADDRESSED: N/A ATTACHMENTS: Description Attachment 1 - 3/18/2020 Regular Meeting Minutes Page 8 March 18, 2020 CITY OF RANCHO CUCAMONGA CLOSED SESSION, FIRE PROTECTION DISTRICT, HOUSING SUCCESSOR AGENCY, SUCCESSOR AGENCY, PUBLIC FINANCE AUTHORITY AND CITY COUNCIL REGULAR MEETINGS MINUTES The City of Rancho Cucamonga City Council held a closed session on Wednesday March 18, 2020, in the Tri - Communities Conference Room at the Civic Center, 10500 Civic Center Drive, Rancho Cucamonga, California. Mayor Michael called the meeting to order at 4:30 p.m. Present were Council Members: Ryan Hutchison, Kristine Scott, Sam Spagnolo, and Mayor Pro Tem Lynne Kennedy and Mayor L. Dennis Michael. Also present were: John Gillison, City Manager; Nicholas Ghirelli, Assistant City Attorney; Lori Sassoon, Deputy City Manager/Administrative Services; Elisa Cox, Deputy City Manager/Cultural & Civic Services and Matt Burris, Deputy City Manager/Economic and Community Development. No public communications were made. No discussion or actions were taken. D.1. CONFERENCE WITH REAL PROPERTY NEGOTIATORS PER GOVERNMENT CODE SECTION 54956.8 FOR PROPERTY LOCATED AT 8810 ETIWANDA AVENUE, FURTHER IDENTIFIED AS SAN BERNARDINO COUNTY TAX ASSESSOR'S PARCEL NUMBER 0229131-07; NEGOTIATING PARTIES, JOHN GILLISON, CITY MANAGER, REPRESENTING THE CITY OF RANCHO CUCAMONGA, AND WILLIAM A. JONES AND JOAN F. JONES, TRUSTEES OF THE JONES FAMILY TRUST OF 2010, AS TO AN UNDIVIDED 2/3 INTERES AND BONNIE CATHRYN STRACK & WILLIAM R. RUSHING, AS SUCCESSOR TRUSTEE OF THE STRACK FAMILY TRUST, DATED MARCH 13, 2014, AS TO AN UNDIVIDED 1/3 INTEREST, OWNERS; REGARDING PRICE AND TERMS — CITY **DRAFT** March 18, 20201 Fire Protection District, Housing Successor Agency, Successor Agency, Public Finance Authority and City Council Regular Meetings Minutes City of Rancho Cucamonga I Page 1 of 10 Page 9 D.2. CONFERENCE WITH REAL PROPERTY NEGOTIATORS PER GOVERNMENT CODE SECTION 54956.8 FOR PROPERTY LOCATED GENERALLY AT NORTH WEST CORNER OF CIVIC CENTER DRIVE AND HAVEN AVENUE ALSO KNOWN AS PARCEL NUMBERS 0208-331-47-0000, AND 0208-331-40-0000 ; NEGOTIATING PARTIES JOHN GILLISON, CITY MANAGER REPRESENTING THE CITY OF RANCHO CUCAMONGA, AND STEVE PONTELL, NATIONAL COMMUNITY RENAISSANCE.; REGARDING PRICE AND TERMS. -CITY D.3. CONFERENCE WITH REAL PROPERTY NEGOTIATORS PER GOVERNMENT CODE SECTION 54956.8 FOR PROPERTY LOCATED AT 12467 BASE LINE ROAD IDENTIFIED AS PARCEL NUMBERS 1090-331-03-0000, 1090-331-04-0000, 1089-581-04-0000; NEGOTIATING PARTIES JOHN GILLISON, CITY MANAGER REPRESENTING THE CITY OF RANCHO CUCAMONGA, AND JOSEPH FILIPPI, JOSEPH FILIPPI WINERY AND VINEYARDS.; REGARDING PRICE AND TERMS. -CITY D.4. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION PURSUANT TO PARAGRAPH (1) OF SUBDIVISION (D) OF SECTION 54956.9; NAME OF CASE: NATURAL RESOURCES DEFENSE COUNCIL INC. V. CITY OF RANCHO CUCAMONGA, SAN BERNARDINO COUNTY SUPERIOR COURT, CASE NO. CIV DS 1937969 D.S. CONFERENCE WITH LABOR NEGOTIATOR ROBERT NEIUBER, HUMAN RESOURCES DIRECTOR PER GOVERNMENT CODE SECTION 54954.2 REGARDING LABOR NEGOTIATIONS WITH THE RANCHO CUCAMONGA CITY EMPLOYEES ASSOCIATION (RCCEA). — CITY D.6. CONFERENCE WITH REAL PROPERTY NEGOTIATORS PER GOVERNMENT CODE SECTION 54956.8 FOR REAL PROPERTY LOCATED AT 9763 8TH STREET, RANCHO CUCAMONGA; NEGOTIATING PARTIES, JOHN GILLISON, CITY MANAGER, REPRESENTING THE CITY OF RANCHO CUCAMONGA, AND TAI NGO, LEE & ASSOCIATES; REGARDING PRICE AND TERMS — CITY D.7. CONFERENCE WITH REAL PROPERTY NEGOTIATORS PER GOVERNMENT CODE SECTION 54956.8 FOR PROPERTY LOCATED AT 9789 MAIN STREET IDENTIFIED AS PARCEL NUMBERS 0209-062-02-0000; NEGOTIATING PARTIES JOHN GILLISON, CITY MANAGER REPRESENTING THE CITY OF RANCHO CUCAMONGA, AND CAROL NORRIS, NORTHTOWN HOUSING DEVELOPMENT CORPORATION.; REGARDING PRICE AND TERMS. -CITY D. 8. CONFERENCE WITH REAL PROPERTY NEGOTIATORS PER GOVERNMENT CODE SECTION 54956.8 FOR PROPERTY GENERALLY LOCATED AT THE RANCHO CUCAMONGA METROLINK STATION IDENTIFIED AS PARCEL NUMBERS 0209-272- 11, 0209-143-21, AND 0209-272-22; NEGOTIATING PARTIES CITY MANAGER JOHN GILLISON, CITY MANAGER, REPRESENTING THE CITY OF RANCHO CUCAMONGA, CARRIE SCHINDLER REPRESENTING SBCTA, AND MICHAEL DIEDEN REPRESENTING EMPIRE YARDS AT RANCHO, LLC; REGARDING PRICE AND TERMS. — CITY **DRAFT** March 18, 20201 Fire Protection District, Housing Successor Agency, Successor Agency, Public Finance Authority and City Council Regular Meetings Minutes City of Rancho Cucamonga I Page 2 of 10 Page 10 The closed session recessed at 6:45 p.m. The regular meetings of the Rancho Cucamonga Fire Protection District, Housing Successor Agency, Successor Agency, Public Finance Authority and the City of Rancho Cucamonga City Council were held on March 18, 2020 in the Council Chambers at City Hall, located at 10500 Civic Center Drive, Rancho Cucamonga, California. Mayor Michael called the meeting to order at 7:00 p.m. Present were Council Members: Ryan Hutchison, Kristine Scott, Sam Spagnolo, and Mayor Pro Tem Lynne Kennedy and Mayor L. Dennis Michael. Also present were: John Gillison, City Manager; Nicholas Ghirelli, Assistant City Attorney and Linda Troyan, City Clerk Services Director. Council Member Hutchison led the Pledge of Allegiance Responding to the spread of the Coronavirus (COVID-19), and social distancing requirements, City Manager Gillison announced that due to recent changes in Brown Act provisions by Governor Newson, the public comment portion of the meeting will be held telephonically. Members of the public can watch the meeting by television or online and attendance at the meeting is limited to individuals that have items on the agenda. Mr. Gillison announced that members of the public can make comments by calling (909) 774-2751. He stated that this will be done in accordance with the County of San Bernardino guidelines to help stop the spread of the Coronavirus. He also announced that all social and group gatherings will be cancelled adhering to County guidelines. Additional information on the Coronavirus pandemic and City resources and updates can be found at www.citvofrc.us/coronavirus. City Manager Gillison requested the Council add a Resolution, Encouraging Exclusive and/or Extended Hours at Grocery Stores for Vulnerable Populations During the COVID-19 Emergency and an Urgency Ordinance, Adopting Emergency Regulations Related to Residential and/or Commercial Tenant Evictions, to the agenda as the items came to the attention of the City after the agenda was posted and that an emergency situation exists. A 4/5 vote would be required to add the items to the agenda. MOTION: Moved by Council Member Scott, seconded by Council Member Spagnolo, to add two items to the agenda: Item K1. Consideration of Urgency Ordinance No. 967, Adopting Emergency Regulations Related to Residential and/or Commercial Tenant Evictions and item 11. Consideration of Resolution Encouraging Exclusive and/or Extended Hours at Grocery Stores for Vulnerable Populations During the COVID-19 Emergency, as the need to take action exists due to the COVID-19 pandemic emergency and the item came to the attention of the City after the agenda was posted. Motion carried unanimously, 5-0. A.1. Presentation of a Proclamation to California Nevada American Water Works Association in Celebration of their 100th Anniversary of Service. A.2. Recognition of Noah Daniels, Finance Manager, for his completion of the Government Finance Officers Association's Certified Public Finance Officer (CPFO) Program, earning him the designation of CPFO. Presentations were rescheduled. **DRAFT** March 18, 20201 Fire Protection District, Housing Successor Agency, Successor Agency, Public Finance Authority and City Council Regular Meetings Minutes City of Rancho Cucamonga I Page 3 of 10 Page 11 Mayor Michael announced, due to COVID-19 and social distancing requirements, the Public Communications portion of the meeting will be conducted telephonically. Timothy Weaver, Pastor from Shiloh Tabernacle Church, offered a prayer. Frank Atry, spoke about emergency situations in the nation and Council Members salaries. C.1 Consideration of Meeting Minutes: Special Meetings of February 19, 2020 and Regular Meetings of February 19, 2020 and March 4, 2020. C.2. Consideration to Approve Bi -Weekly Payroll in the Amount of $684,459.29 and Weekly Check Registers (Excluding Checks Issued to Southern California Gas Company) in the Amount of $199,822.97 Dated February 25, 2020 Through March 08, 2020. C.3. Consideration to Approve Weekly Check Registers for Checks Issued to Southern California Gas Company in the Amount of $3,141.34 Dated February 25, 2020 Through March 08, 2020. CA. Consideration to Receive and File Current Investment Schedule as of February 29, 2020. C.S. Consideration of Resolution No. FD2020-002, Adopting Revised Records Retention Schedules, Authorizing Destruction and Rescinding Previous Records Retention Schedules. RESOLUTION NO. FD2020-002 A RESOLUTION OF THE BOARD OF DIRECTORS OF THE RANCHO CUCAMONGA FIRE PROTECTION DISTRICT, ADOPTING REVISED RECORDS RETENTION SCHEDULES, AUTHORIZING DESTRUCTION, AND RESCINDING PREVIOUS RECORDS RETENTION SCHEDULES MOTION: Moved by Board Member Spagnolo, seconded by Vice -President Kennedy, to approve Consent Calendar Items C1. through C5. Motion carried unanimously, 5-0, with Board Member Scott abstaining on item C3, due to her employment with Southern California Gas Company. Item D1, E1, and F1 were taken concurrently. D.1. Consideration of Meeting Minutes: Regular Meetings of February 19, 2020 and March 4, 2020. E.1. Consideration of Meeting Minutes: Regular Meetings of February 19, 2020 and March 4, 2020. **DRAFT** March 18, 20201 Fire Protection District, Housing Successor Agency, Successor Agency, Public Finance Authority and City Council Regular Meetings Minutes City of Rancho Cucamonga I Page 4 of 10 Page 12 F.1. Consideration of Meeting Minutes: Regular Meetings of February 19, 2020 and March 4, 2020. MOTION: Moved by Vice -Chair Kennedy, seconded by Agency Member Scott, to approve Consent Calendar Items D1, E1, and F1 of the Housing Successor, Successor Agency and Public Financing Authority. Motion carried unanimously, 5-0. Mayor Michael stated staff requested Item G8 be removed from the Consent Calendar. G.1. Consideration of Meeting Minutes: Special Meetings of February 19, 2020 and Regular Meetings of February 19, 2020 and March 4, 2020. G.2. Consideration to Approve Bi -Weekly Payroll in the Amount of $1,164,756.08 and Weekly Check Registers (Excluding Checks Issued to Southern California Gas Company) in the Amount of $2,238,763.60 Dated February 25, 2020 Through March 08, 2020. G.3. Consideration to Approve Weekly Check Registers for Checks Issued to Southern California Gas Company in the Amount of $19,129.76 Dated February 25, 2020 Through March 08, 2020. GA. Consideration to Receive and File Current Investment Schedule as of February 29, 2020. G.S. Consideration to Accept the Parks Painting Project FY 19-20 as Complete, File the Notice of Completion, and Authorize Release of Retention and Bonds. G.6. Consideration of The Housing Element Annual Progress Report for 2019. G.7. Consideration to Approve a Contract with Community Works Design Group for a Total Amount Not to Exceed $223,235.00 for Design Services for The Central Park Dog Park to be Initially Funded From Community Services Capital Projects Fund (1274401-5650/2022274-0) and Reimbursed Through a Grant from The State of California, Administered by Office of Grants and Local Services (OGALS). •8. Request Authorization te InGFe-ASSe Ge-IntrarSt with Ford of Upland On the Arneunt of , 999 Fera Totl ontr_nt in the Amount of $149,997- a (` G.9. Consideration of Resolution No. 2020-013, Adopting Revised Records Retention Schedules, Authorizing Destruction and Rescinding Previous Records Retention Schedules. RESOLUTION NO. 2020-013 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ADOPTING REVISED RECORDS RETENTION SCHEDULES, AUTHORIZING DESTRUCTION, AND RESCINDING PREVIOUS RECORDS RETENTION SCHEDULES G.10. Consideration of Adoption of Resolution No. 2020-14, Proclaiming Existence of a Local Emergency due to the Novel Coronavirus Disease (COVID-19). **DRAFT** March 18, 20201 Fire Protection District, Housing Successor Agency, Successor Agency, Public Finance Authority and City Council Regular Meetings Minutes City of Rancho Cucamonga I Page 5 of 10 Page 13 MOTION: Moved by Council Member Hutchison, seconded by Mayor Pro Tem Kennedy, to approve Consent Calendar Items G1 through G10, with the exception of item G.8. and with Council Member Scott abstaining on item G3, due to her employment with Southern California Gas Company. Motion carried unanimously, 5-0. H.1. Consideration of Second Reading and Adoption of Ordinance No. 966, to Amend Title 17 of the Municipal Code to Amend Standards for Accessory Dwelling Units in Compliance with State Law. ORDINANCE NO. 966 AN ORDINANCE OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, AMENDING THE RANCHO CUCAMONGA MUNICIPAL CODE TO REVISE REGULATIONS REGARDING ACCESSORY DWELLING UNITS, AND FINDING THE ORDINANCE TO BE EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT MOTION: Moved by Council Member Hutchison, seconded by Council Member Scott, to waive full reading and adopt Ordinance No. 966, by title only. Linda Troyan, City Clerk Services Director, read the title of Ordinance No. 966. VOTES NOW CAST ON MOTION: Moved by Council Member Hutchison, seconded by Council Member Scott, to waive full reading and adopt Ordinance No. 966, by title only. Motion carried unanimously, 5-0. 1.1. Consideration of Urgency Ordinance No. 967, Adopting Emergency Regulations Related to Residential and/or Commercial Tenant Evictions. URGENCY ORDINANCE NO. 967 AN URGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA ADOPTING EMERGENCY REGULATIONS RELATED TO RESIDENTIAL AND COMMERCIAL TENANT EVICTIONS AND DECLARING THE URGENCY THEREOF go URGENCY ORDINANCE NO. 967 AN URGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA ADOPTING EMERGENCY REGULATIONS RELATED TO RESIDENTIAL TENANT EVICTIONS AND DECLARING THE URGENCY THEREOF City Manager Gillison introduced the item and Fabian Villenas, Principal Management Analyst, who gave the Staff Report. Principal Management Analyst Villenas noted that on the evening of March 16, 2020, Governor Newsom issued Executive Order N-28-20 which includes the suspension of any provision of state law that would preempt or otherwise restrict the City's exercise of its police powers to impose limitations on residential or commercial evictions based on nonpayment of rent arising out of a substantial decrease in household or business income caused by the COVID-19 pandemic. The Urgency Ordinance establishes a **DRAFT** March 18, 20201 Fire Protection District, Housing Successor Agency, Successor Agency, Public Finance Authority and City Council Regular Meetings Minutes City of Rancho Cucamonga I Page 6 of 10 Page 14 temporary moratorium on the eviction of residential and commercial tenants impacted by COVID-19 pandemic. The moratorium applies to evictions based on the nonpayment of rent due to a financial hardship related to COVID-19. Tenant must notify landlord in writing within 30 days after the rent is due of lost income and inability to pay full rent due to circumstances related to COVID-19 and provides supporting documentation. Upon adoption of Ordinance No. 967, the moratorium would go into effect immediately and through May 31, 2020, unless the City's emergency declaration is ended sooner. Mayor Michael opened the Administrative Hearing item No public communications were made. Mayor Michael closed the Administrative Hearing item. In response to Council Member Hutchison's question, Assistant City Attorney Ghirelli clarified that the Urgency Ordinance term shall not extend beyond the May 31, 2020 date. City Manager Gillison clarified that the Urgency Ordinance can be brought back at the April 15th City Council meeting for review and Council will have an opportunity to extend the Ordinance term, if the Council desires. City Council consensus on having an Ordinance that would apply to both residential and commercial tenant evictions. Mayor Michael recommended applying a May 31 st term date for residential tenant evictions and April 30th for commercial tenant evictions. He requested the item return at the April 15th meeting date for review and possible extension of dates due to COVID-19. MOTION: Moved by Council Member Hutchison, seconded by Council Member Spagnolo, to amend Urgency Ordinance No.967 as presented, relating to residential and commercial evictions, to reflect under Section 1A. "Until the period of local emergency declared in response to COVID-19 is concluded, or until May 31, 2020 with respect to residential tenants, and April 30, 2020 with respect to commercial tenants, whichever date is sooner, no landlord shall endeavor to evict a residential or commercial tenant under the following circumstances:" and for Section 3. to reflect: Term. "This Urgency Ordinance shall remain in effect for the period of local emergency declared in response to COVID-19 within the City, or until May 31, 2020, with respect to residential tenants, and April 30, 2020 with respect to commercial tenants, whichever date is sooner" and return with the Ordinance at the April 15, 2020 meeting for review. Motion carried unanimously, 5-0. MOTION: Moved by Council Member Hutchison, seconded by Mayor Pro Tem Kennedy, to adopt Urgency Ordinance No. 967, An Urgency Ordinance of the City Council of the City of Rancho Cucamonga, Adopting Emergency Regulations Related to Residential and Commercial Tenant Evictions and Declaring the Urgency Thereof, by title only and waive further reading. Linda Troyan, City Clerk Services Director, read the title of Ordinance No. 967. VOTES NOW CAST ON MOTION: Moved by Council Member Hutchison, seconded by Mayor Pro Tem Kennedy, to adopt Urgency Ordinance No. 967, An Urgency Ordinance of the City Council of the City of Rancho Cucamonga, Adopting Emergency Regulations Related to Residential and Commercial Tenant Evictions and Declaring the Urgency Thereof, by title only and waive further reading. Motion carried unanimously, 5-0. Assistant City Attorney Ghirelli announced that Brown Act provisions allow local agencies to add items to the agenda if an emergency exists and the City declared a local emergency through item G.10. **DRAFT** March 18, 20201 Fire Protection District, Housing Successor Agency, Successor Agency, Public Finance Authority and City Council Regular Meetings Minutes City of Rancho Cucamonga I Page 7 of 10 Page 15 J.1. CONSIDERATION OF AN APPEAL OF THE PLANNING COMMISSION'S DECISION TO DENY HILLSIDE DESIGN REVIEW DRC2017-00244 AND MINOR EXCEPTION DRC2018-00473 — PAUL BARDOS, APPLICANT. This project consists of a site plan and architectural review of a proposed 4,118 square foot two-story, single-family residence with an attached 771 square foot garage and a request to construct retaining walls up to 5 -feet and 2 -inches high on a 15,430 square foot lot within the Low (L) Residential District and within the Hillside Overlay District at 8035 Camino Predera - APN: 0207-631-03. A minor exception was also requested to exceed the maximum height limit for retaining walls in the zone. This item was determined to be exempt from the requirements of the California Environmental Quality Act (CEQA) and the City's CEQA Guidelines pursuant to CEQA Guidelines Section 15061(b)(4) as a project that has been rejected or disapproved (This item was continued from the February 19, 2020 City Council Meeting). RESOLUTION NO. 2020-006 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, DENYING APPEAL DRC2019-00975 AND UPHOLDING THE PLANNING COMMISSION DECISION TO DENY HILLSIDE DEVELOPMENT REVIEW DRC2017-00244; AND MAKING FINDINGS IN SUPPORT THEREOF — APN: 0207-631-03 RESOLUTION NO. 2020-007 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, DENYING APPEAL DRC2019-00975 AND UPHOLDING THE PLANNING COMMISSION DECISION TO DENY MINOR EXCEPTION DRC2018-00473; AND MAKING FINDINGS IN SUPPORT THEREOF — APN: 0207-631-03 Mayor Michael opened the continued Public Hearing item No public communications were made. Mayor Michael announced that the Public Hearing item will remain open and will be continued to the April 15th 2020 Council Meeting. MOTION: Moved by Mayor Pro Tem Kennedy, seconded by Council Member Scott, to continue the Public Hearing item to the next Regular City Council Meeting on April 15, 2020 at 7:00 pm in the Council Chambers, 10500 Civic Center Drive, Rancho Cucamonga, CA 91730. Motion carried unanimously, 5-0. J.2. PUBLIC HEARING FOR CONSIDERATION OF AN APPEAL OF THE PLANNING COMMISSION'S DECISION TO APPROVE DESIGN REVIEW DRC2019-00590 — SHEAN KIM, APPLICANT. THE PROJECT CONSISTS OF A SITE PLAN AND ARCHITECTURAL REVIEW OF A 103,945 SQUARE FOOT WAREHOUSE DISTRIBUTION BUILDING ON 4.75 ACRES OF LAND IN THE GENERAL INDUSTRIAL (GI) DISTRICT ON THE EAST SIDE OF PECAN AVENUE SOUTH OF ARROW ROUTE; APN: 0229-171-02. THIS ITEM IS EXEMPT FROM THE REQUIREMENTS OF THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) AND THE CITY'S CEQA GUIDELINES UNDER CEQA SECTION 15332 — INFILL DEVELOPMENT PROJECTS. Mayor Michael opened the Public Hearing item. No public communications were made. Mayor Michael announced that the Public Hearing item will remain open and will be continued to the April 15th 2020 Council Meeting. **DRAFT** March 18, 20201 Fire Protection District, Housing Successor Agency, Successor Agency, Public Finance Authority and City Council Regular Meetings Minutes City of Rancho Cucamonga I Page 8 of 10 Page 16 MOTION: Moved by Mayor Pro Tem Kennedy, seconded by Council Member Hutchison, to continue the Public Hearing item to the next Regular City Council Meeting on April 15, 2020 at 7:00 pm in the Council Chambers, 10500 Civic Center Drive, Rancho Cucamonga, CA 91730. Motion carried unanimously, 5-0. K.1. Consideration of Resolution Encouraging Exclusive and/or Extended Hours at Grocery Stores for Vulnerable Populations During theCOVID-19 Emergency. RESOLUTION NO. 2020-015 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ENCOURAGING EXCLUSIVE AND/OR EXTENDED HOURS AT GROCERY STORES FOR VULNERABLE POPULATIONS DURING THE COVID-19 EMERGENCY City Manager Gillison introduced the item and Fabian Villenas, Principal Management Analyst, who gave the Staff Report. Principal Management Analyst Villenas noted that in response to COVID-19 concerns there has been an unprecedented demand in supermarkets and grocery stores, creating food and supply shortages throughout the community. Many stores nationwide have resulted in limiting the number of certain grocery items an individual can purchase, to discourage the stockpiling of essential items, and to ensure equitable access for our most vulnerable populations. In addition, many stores are also proactively dedicating special operating hours to populations most vulnerable to COVID-19, including but not limited to elderly, disabled, and pregnant shoppers. These dedicated hours limit their potential exposure to the virus and ensure the accessibility and availability of these vital food and supplies, without the crowd regular store hours bring. The resolution encourages all local grocery stores and a broad range of businesses to implement exclusive and/or extended shopping hours specifically for the community's most vulnerable populations, particularly seniors and those with underlying health conditions, during this COVID-19 emergency. Council Member Spagnolo expressed concerns on mixed information from stores on operating hours and on stores not addressing the vulnerable population including senior citizens and individuals with mobility and transportation barriers. Principal Management Analyst Villenas stated that the City would like to gather all the information from stores and have it available in one place for the public to view. Discussion ensued on the importance of having accurate information reported by stores and how the community is working together to help each other out during these times. MOTION: Moved by Council Member Spagnolo, seconded by Council Member Scott, to adopt Resolution No. 2020-015, encouraging grocery stores to provide exclusive and/or extended hours for vulnerable populations during the COVID-19 emergency. Motion carried unanimously, 5-0. L.1. COUNCIL ANNOUNCEMENTS Council Member Hutchison acknowledged City staff and residents for their support, kindness and compassion during COVID-19 challenging times and stated that the City is here to support the community. Mayor Pro Tem Kennedy thanked City Manager Gillison and City staff for their commitment to provide services to the community. **DRAFT** March 18, 20201 Fire Protection District, Housing Successor Agency, Successor Agency, Public Finance Authority and City Council Regular Meetings Minutes City of Rancho Cucamonga I Page 9 of 10 Page 17 Mayor Michael thanked City staff for serving the community. L.2. INTER -AGENCY UPDATES No items. No items. Mayor Michael adjourned the meeting at 7:55 p.m. Approved: Respectfully submitted, Linda A. Troyan, MMC City Clerk Services Director **DRAFT** March 18, 20201 Fire Protection District, Housing Successor Agency, Successor Agency, Public Finance Authority and City Council Regular Meetings Minutes City of Rancho Cucamonga I Page 10 of 10 Page 18 DATE: April 1, 2020 TO: President and Members of the Board of Directors FROM: John R. Gillison, City Manager INITIATED BY: Tamara Layne, Finance Director SUBJECT: CONSIDERATION TO APPROVE BI -WEEKLY PAYROLL IN THE AMOUNT OF $683,377.26 AND WEEKLY CHECK REGISTERS (NO CHECKS ISSUED TO SOUTHERN CALIFORNIA GAS COMPANY) IN THE AMOUNT OF $844,757.40 DATED MARCH 09, 2020 THROUGH MARCH 22, 2020 AND ELECTRONIC DEBIT REGISTER FOR THE MONTH OF FEBRUARY IN THE AMOUNT OF $549,976.70. RECOMMENDATION: Staff recommends Fire Board approve payment of demands as presented. BACKGROUND: N/A ANALYSIS: N/A FISCAL IMPACT: Adequate budgeted funds are available for the payment of demands per the attached listing. COUNCIL GOAL(S) ADDRESSED: N/A ATTACHMENTS: Description Attachment 1 Check Register Attachment 1 Electronic Check Register Page 19 CITY OF RANCHO CUCAMONGA AND RANCHO CUCAMONGA FIRE PROTECTION DISTRICT Excluding So Calif Gas Company. Agenda Check Register 3/9/2020 through 3/22/2020 Check No. Check Date Vendor Name Ca Fire Amount AP 00010323 03/11/2020 ALL CITY MANAGEMENT SERVICES INC 35,547.18 0.00 17,773.59 AP 00010324 03/05/2020 BUREAU OF RECLAMATION 1,858.82 0.00 487.72 AP 00010325 03/11/2020 CALIF GOVERNMENT VEBA/RANCHO CUCAMONGA 50,842.54 0.00 25,421.27 AP 00010326 03/11/2020 HD PRODUCTIONS INC 18,750.00 0.00 18,750.00 AP 00010327 03/11/2020 MOFFATT & NICHOL 127,507.93 0.00 127,507.93 AP 00010328 03/11/2020 RCCEA 1,903.00 0.00 1,903.00 AP 00010329 03/11/2020 RCPFA 12,558.07 0.00 12,558.07 AP 00010330 03/11/2020 RODRIGUEZ, EUGENIO 576.00 0.00 576.00 AP 00010331 03/12/2020 ABC LOCKSMITHS 130.44 0.00 130.44 AP 00010332 03/12/2020 AIRGAS USA LLC 2,489.99 0.00 2,489.99 AP 00010333 03/12/2020 BRODART BOOKS 33,252.24 0.00 33,252.24 AP 00010334 03/12/2020 CARQUEST AUTO PARTS 706.94 0.00 706.94 AP 00010335 03/12/2020 DUMBELL MAN FITNESS EQUIPMENT, THE 2,298.42 0.00 2,298.42 AP 00010336 03/12/2020 DUNN EDWARDS CORPORATION 324.76 0.00 324.76 AP 00010337 03/12/2020 EMCOR SERVICES 6,250.00 0.00 6,250.00 AP 00010338 03/12/2020 ESRI 2,220.00 0.00 2,220.00 AP 00010339 03/12/2020 GENERATOR SERVICES CO 0.00 956.84 956.84 AP 00010340 03/12/2020 HOSE MAN INC 154.28 628.59 782.87 *** AP 00010341 03/12/2020 KME FIRE APPARATUS 0.00 2,503.09 2,503.09 AP 00010342 03/12/2020 MCFADDEN DALE HARDWARE 8.23 0.00 8.23 AP 00010343 03/12/2020 MINUTEMAN PRESS 1,034.71 0.00 1,034.71 AP 00010346 03/12/2020 OFFICE DEPOT 7,849.96 409.28 8,259.24 *** AP 00010347 03/12/2020 PSA PRINT GROUP 254.29 116.37 370.66 *** AP 00010348 03/12/2020 SITEONE LANDSCAPE SUPPLY LLC 4,155.45 0.00 4,155.45 AP 00010349 03/12/2020 SOUTHERN CALIFORNIA NEWS GROUP 5,138.02 0.00 5,138.02 AP 00010350 03/12/2020 SUNRISE FORD 437.17 0.00 437.17 AP 00010351 03/12/2020 THOMPSON PLUMBING SUPPLY INC 3,803.68 0.00 3,803.68 AP 00010352 03/12/2020 VISTA PAINT 963.50 0.00 963.50 AP 00010353 03/18/2020 CALPINE ENERGY SERVICES LP 102,000.00 0.00 102,000.00 AP 00010354 03/18/2020 RE ASTORIA 2 LLC 79,811.83 0.00 79,811.83 AP 00010355 03/18/2020 RIVERSIDE, CITY OF 6,909.00 0.00 6,909.00 AP 00010356 03/18/2020 SAN BERNARDINO COUNTY 80.00 0.00 80.00 AP 00010357 03/18/2020 SAN BERNARDINO CTY SHERIFFS DEPT 3,398,399.94 0.00 3,398,399.94 AP 00010358 03/18/2020 U S DEPARTMENT OF ENERGY 8,451.08 0.00 8,451.08 AP 00010359 03/19/2020 AIRGAS USA LLC 272.81 337.40 610.21 *** AP 00010360 03/19/2020 BIBLIOTHECA LLC 3,158.90 0.00 3,158.90 AP 00010361 03/19/2020 BRODART BOOKS 2,400.00 0.00 2,400.00 AP 00010362 03/19/2020 MINUTEMAN PRESS 615.20 0.00 615.20 AP 00010363 03/19/2020 OFFICE DEPOT 2,573.38 273.35 2,846.73 *** AP 00010364 03/19/2020 PSA PRINT GROUP 204.73 38.79 243.52 *** AP 00408212 03/11/2020 49ER COMMUNICATIONS 0.00 720.00 720.00 AP 00408213 03/11/2020 A & I REPROGRAPHICS 1,392.77 0.00 1,392.77 AP 00408214 03/11/2020 ABLE BUILDING MAINTENANCE 548.55 0.00 548.55 AP 00408215 03/11/2020 ACOSTA, ARISTEO 18.75 0.00 18.75 AP 00408216 03/11/2020 ACTION AWARDS INC 3,156.30 0.00 3,156.30 AP 00408217 03/11/2020 ADAPT CONSULTING INC 269.38 0.00 269.38 AP 00408218 03/11/2020 ADVANCED EQUIPMENT CORP 6,565.00 0.00 6,565.00 User: VLOPEZ - VERONICA LOPEZ Page: 1 Current Date: 03/23/2020 Report: CK_AGENDA_REG_PORTRAIT_CONSOLIDATED - CK: Agenda Check Register Portrait Layout Time: 09:39:52 Page 20 CITY OF RANCHO CUCAMONGA AND RANCHO CUCAMONGA FIRE PROTECTION DISTRICT Excluding So Calif Gas Company. Agenda Check Register 3/9/2020 through 3/22/2020 Check No. Check Date Vendor Name Cu Fire Amount AP 00408219 03/11/2020 ADVANTAGE SEALING SYSTEMS INC 350.83 0.00 350.83 AP 00408220 03/11/2020 AFLAC GROUP INSURANCE 24.58 0.00 24.58 AP 00408221 03/11/2020 AGRI-TURF DISTRIBUTING LLC 153.21 0.00 153.21 AP 00408222 03/11/2020 AIR & HOSE SOURCE INC 196.02 0.00 196.02 AP 00408223 03/11/2020 ALCORN, RICHARD 25.00 0.00 25.00 AP 00408224 03/11/2020 ALL WELDING 1,242.72 0.00 1,242.72 AP 00408225 03/11/2020 AMERICAN TRAINING RESOURCES INC 1,071.73 0.00 1,071.73 AP 00408226 03/11/2020 ARCHITERRA DESIGN GROUP 8,057.50 0.00 8,057.50 AP 00408227 03/11/2020 ARROW TRAILER SUPPLIES INC 239.23 0.00 239.23 AP 00408228 03/11/2020 ART OF LIVING FOUNDATION 36.00 0.00 36.00 AP 00408229 03/11/2020 AUFBAU CORPORATION 34,970.00 0.00 34,970.00 AP 00408230 03/11/2020 BAKER & TAYLOR LLC 108.56 0.00 108.56 AP 00408231 03/11/2020 BERLITZ LANGUAGES INC 65.00 0.00 65.00 AP 00408232 03/11/2020 BERNELL HYDRAULICS INC 493.53 0.00 493.53 AP 00408233 03/11/2020 BILL & WAGS INC 0.00 421.88 421.88 AP 00408234 03/11/2020 BOUND TREE MEDICAL LLC 0.00 305.30 305.30 AP 00408235 03/11/2020 BREAKING BARRIERS FITNESS 240.00 0.00 240.00 AP 00408236 03/11/2020 BRIGHTVIEW LANDSCAPE SERVICES INC 358,597.70 0.00 358,597.70 AP 00408237 03/11/2020 BROWN, TIM 452.50 0.00 452.50 AP 00408238 03/11/2020 C V W D 335.42 298.65 634.07 *** AP 00408242 03/11/2020 C V W D 31,261.95 414.79 31,676.74 *** AP 00408243 03/11/2020 C.P. GENERATOR INC. 280.15 0.00 280.15 AP 00408244 03/11/2020 CALIFORNIA BAPTIST UNIVERSITY 314.48 0.00 314.48 AP 00408245 03/11/2020 CALIFORNIA DELUXE WINDOWS INDUSTRIES INC 224.98 0.00 224.98 AP 00408246 03/11/2020 CALIFORNIA LIBRARY ASSOCIATION 1,250.00 0.00 1,250.00 AP 00408247 03/11/2020 CALIFORNIA, STATE OF 8.44 0.00 8.44 AP 00408248 03/11/2020 CALIFORNIA, STATE OF 314.11 0.00 314.11 AP 00408249 03/11/2020 CALIFORNIA, STATE OF 100.00 0.00 100.00 AP 00408250 03/11/2020 CALIFORNIA, STATE OF 30.00 0.00 30.00 AP 00408251 03/11/2020 CAPITOL ENQUIRY 89.36 0.00 89.36 AP 00408252 03/11/2020 CARSON, DANIEL 0.00 320.95 320.95 AP 00408253 03/11/2020 CCS ORANGE COUNTY JANITORIAL INC 0.00 1,603.90 1,603.90 AP 00408254 03/11/2020 CDW GOVERNMENT INC 74,529.10 0.00 74,529.10 AP 00408255 03/11/2020 CENTENO, JASON 249.00 0.00 249.00 AP 00408256 03/11/2020 CHANGELAB SOLUTIONS 4,150.00 0.00 4,150.00 AP 00408257 03/11/2020 CHARTER COMMUNICATIONS 5,029.49 6,365.46 11,394.95 *** AP 00408258 03/11/2020 CINTAS CORPORATION #150 3,389.80 0.00 3,389.80 AP 00408259 03/11/2020 CLARKE PLUMBING SPECIALTIES INC. 382.19 0.00 382.19 AP 00408260 03/11/2020 CONCEPT POWDER COATING 290.00 0.00 290.00 AP 00408261 03/11/2020 CONSOLIDATED ELECTRICAL DISTR INC 1,215.32 0.00 1,215.32 AP 00408262 03/11/2020 CONVERGEONE INC 13,236.50 0.00 13,236.50 AP 00408263 03/11/2020 CORODATA MEDIA STORAGE INC 62.70 0.00 62.70 AP 00408264 03/11/2020 COUNTRY ESTATE FENCE CO INC 5,176.28 0.00 5,176.28 AP 00408265 03/11/2020 COURTESY CHEVROLET CENTER 35,875.26 0.00 35,875.26 AP 00408266 03/11/2020 CREATIVE BRAIN LEARNING 144.00 0.00 144.00 AP 00408267 03/11/2020 CUMMINS SALES AND SERVICE 0.00 1,962.60 1,962.60 AP 00408268 03/11/2020 D & K CONCRETE COMPANY 1,764.78 0.00 1,764.78 User: VLOPEZ - VERONICA LOPEZ Page: 2 Current Date: 03/23/2020 Report: CK_AGENDA_REG_PORTRAIT_CONSOLIDATED - CK: Agenda Check Register Portrait Layout Time: 09:39:52 Page 21 CITY OF RANCHO CUCAMONGA AND RANCHO CUCAMONGA FIRE PROTECTION DISTRICT Excluding So Calif Gas Company. Agenda Check Register 3/9/2020 through 3/22/2020 Check No. Check Date Vendor Name Ca Fire Amount AP 00408269 03/11/2020 DAISYECO INC 228.36 0.00 228.36 AP 00408270 03/11/2020 DANIELS TIRE SERVICE 0.00 8,756.88 8,756.88 AP 00408271 03/11/2020 DATA TICKET INC 5,304.89 0.00 5,304.89 AP 00408272 03/11/2020 DEPENDABLE COMPANY INC 120.50 0.00 120.50 AP 00408273 03/11/2020 DOLLARHIDE, GINGER 48.00 0.00 48.00 AP 00408274 03/11/2020 E POLY STAR INC 1,451.93 0.00 1,451.93 AP 00408275 03/11/2020 EMPIRE ECONOMICS INC 25,000.00 0.00 25,000.00 AP 00408276 03/11/2020 ERICKSON-HALL CONSTRUCTION CO 0.00 78,491.25 78,491.25 AP 00408277 03/11/2020 EXECUTIVE AUTO DETAIL 0.00 280.00 280.00 AP 00408278 03/11/2020 EXPRESS BRAKE SUPPLY 346.34 0.00 346.34 AP 00408279 03/11/2020 FAIRVIEW FORD 816.77 0.00 816.77 AP 00408280 03/11/2020 FAVELA JR., RICHARD 324.99 0.00 324.99 AP 00408281 03/11/2020 FEDERAL EXPRESS CORP 76.33 0.00 76.33 AP 00408282 03/11/2020 FLORES, JUAN 78.00 0.00 78.00 AP 00408283 03/11/2020 FORD OF UPLAND INC 2,516.76 0.00 2,516.76 AP 00408284 03/11/2020 FORTUNE FENCING 1,485.00 0.00 1,485.00 AP 00408285 03/11/2020 FOUR POINTS BY SHERATON 1,776.84 0.00 1,776.84 AP 00408286 03/11/2020 FRANKLIN TRUCK PARTS 0.00 23.76 23.76 AP 00408287 03/11/2020 FUEL SERV 190.00 3,560.00 3,750.00 *** AP 00408288 03/11/2020 G & M BUSINESS INTERIORS 13,821.73 0.00 13,821.73 AP 00408289 03/11/2020 GAMEZ, MARK 1,291.54 0.00 1,291.54 AP 00408290 03/11/2020 GARRETT, MICHELE 54.39 0.00 54.39 AP 00408291 03/11/2020 GRAINGER 1,232.07 1,355.66 2,587.73 *** AP 00408292 03/11/2020 GRAPHICS FACTORY PRINTING INC. 126.61 0.00 126.61 AP 00408293 03/11/2020 GRAYBAR ELECTRIC COMPANY INC 2,150.86 2,330.86 4,481.72 *** AP 00408294 03/11/2020 GRIBBLE, GREG 250.00 0.00 250.00 AP 00408295 03/11/2020 HALL, ANGELA 150.00 0.00 150.00 AP 00408296 03/11/2020 HANGTIME SPORTS 3,924.00 0.00 3,924.00 AP 00408297 03/11/2020 HERNANDEZ, JESSICA 200.08 0.00 200.08 AP 00408298 03/11/2020 HOYT LUMBER CO., SM 0.00 1.28 1.28 AP 00408299 03/11/2020 HUITT-ZOLLARS INC 19,998.00 0.00 19,998.00 AP 00408300 03/11/2020 INDEPENDENT ROOFING CONSULTANTS 1,250.00 0.00 1,250.00 AP 00408301 03/11/2020 INLAND EMPIRE MEDIA GROUP INC 695.00 0.00 695.00 AP 00408302 03/11/2020 INSTITUTE OF BUSINESS PUBLICATIONS LLC 265.00 0.00 265.00 AP 00408303 03/11/2020 INTERSTATE BATTERIES 492.44 0.00 492.44 AP 00408304 03/11/2020 ITRON INC 6,117.84 0.00 6,117.84 AP 00408305 03/11/2020 J J KELLER AND ASSOC INC 995.00 0.00 995.00 AP 00408306 03/11/2020 JUGS SPORTS INC 107.75 0.00 107.75 AP 00408307 03/11/2020 K -K WOODWORKING 32.29 0.00 32.29 AP 00408308 03/11/2020 KENDRENA, DONNA 242.89 0.00 242.89 AP 00408309 03/11/2020 KVAC ENVIRONMENTAL SERVICES INC 650.00 0.00 650.00 AP 00408310 03/11/2020 LEVEL 3 COMMUNICATIONS LLC 5,460.19 0.00 5,460.19 AP 00408311 03/11/2020 LI, HAIFANG 61.35 0.00 61.35 AP 00408312 03/11/2020 LIEBERT CASSIDY WHITMORE 12,176.10 0.00 12,176.10 AP 00408313 03/11/2020 LITTLE BEAR PRODUCTIONS 1,195.00 0.00 1,195.00 AP 00408314 03/11/2020 LOS ANGELES MUSICIANS COLLECTIVE LLC 19,373.68 0.00 19,373.68 AP 00408316 03/11/2020 LOWES COMPANIES INC. 6,967.61 1,147.33 8,114.94 *** User: VLOPEZ - VERONICA LOPEZ Page: 3 Current Date: 03/23/2020 Report: CK_AGENDA_REG_PORTRAIT_CONSOLIDATED - CK: Agenda Check Register Portrait Layout Time: 09:39:52 Page 22 CITY OF RANCHO CUCAMONGA AND RANCHO CUCAMONGA FIRE PROTECTION DISTRICT Excluding So Calif Gas Company. Agenda Check Register 3/9/2020 through 3/22/2020 Check No. Check Date Vendor Name Ca Fire Amount AP 00408317 03/11/2020 MAGELLAN ADVISORS LLC 19,050.00 0.00 19,050.00 AP 00408318 03/11/2020 MANSON, DEREK 210.00 0.00 210.00 AP 00408319 03/11/2020 MARIPOSA LANDSCAPES INC 136,773.42 2,428.71 139,202.13 *** AP 00408320 03/11/2020 MCMASTER-CARR SUPPLY COMPANY 201.66 0.00 201.66 AP 00408323 03/11/2020 MIDWEST TAPE 5,015.32 0.00 5,015.32 AP 00408324 03/11/2020 MIJAC ALARM COMPANY 506.00 0.00 506.00 AP 00408325 03/11/2020 MOUNTAIN VIEW GLASS AND MIRROR INC 2,235.60 0.00 2,235.60 AP 00408326 03/11/2020 MOUNTAIN VIEW SMALL ENG REPAIR 473.75 0.00 473.75 AP 00408327 03/11/2020 MUSIC STAR 259.20 0.00 259.20 AP 00408328 03/11/2020 NAPA AUTO PARTS 93.13 0.00 93.13 AP 00408329 03/11/2020 NEXTECH SYSTEMS INC 14,994.15 0.00 14,994.15 AP 00408330 03/11/2020 NPI PRODUCTION SERVICES INC 26,800.00 0.00 26,800.00 AP 00408331 03/11/2020 ONTARIO ICE SKATING CENTER 2,619.40 0.00 2,619.40 AP 00408332 03/11/2020 ONTARIO WINNELSON CO 0.00 544.01 544.01 AP 00408333 03/11/2020 ONTRAC 55.16 0.00 55.16 AP 00408334 03/11/2020 ORKIN PEST CONTROL 733.02 663.69 1,396.71 *** AP 00408335 03/11/2020 PACIFIC WESTERN BANK 12,106.12 28,247.62 40,353.74 *** AP 00408336 03/11/2020 PARIS, ZENAIDA 500.00 0.00 500.00 AP 00408337 03/11/2020 PHARMAPACK NORTH AMERICA 75.94 0.00 75.94 AP 00408338 03/11/2020 PIP PRINTING 306.55 0.00 306.55 AP 00408339 03/11/2020 PORAC 192.00 0.00 192.00 AP 00408340 03/11/2020 PORRAZ, NICOLE 7.50 0.00 7.50 AP 00408341 03/11/2020 PRE -PAID LEGAL SERVICES INC 60.17 0.00 60.17 AP 00408342 03/11/2020 PRO SPRAY INC 430.90 0.00 430.90 AP 00408343 03/11/2020 R AND R AUTOMOTIVE 560.34 0.00 560.34 AP 00408344 03/11/2020 RADIUS GLOBAL SOLUTIONS 558.44 0.00 558.44 AP 00408345 03/11/2020 RANCHO CUCAMONGA CHAMBER OF COMMERCE 1,386.50 0.00 1,386.50 AP 00408346 03/11/2020 RC CONSTRUCTION SERVICES INC 230,016.32 536,704.71 766,721.03 *** AP 00408347 03/11/2020 RDO EQUIPMENT COMPANY 92.49 0.00 92.49 AP 00408348 03/11/2020 READ THE BOOKS LLC 1,070.00 0.00 1,070.00 AP 00408349 03/11/2020 RICHARDS WATSON AND GERSHON 36,175.78 0.00 36,175.78 AP 00408350 03/11/2020 SAN BERNARDINO COUNTY SHERIFFS DEPT 620.00 0.00 620.00 AP 00408351 03/11/2020 SBPEA 2,576.96 0.00 2,576.96 AP 00408352 03/11/2020 SC FUELS 27,670.73 0.00 27,670.73 AP 00408353 03/11/2020 SHAW, LESLIE 48.00 0.00 48.00 AP 00408354 03/11/2020 SHEAKLEY PENSION ADMINISTRATION 526.65 0.00 526.65 AP 00408355 03/11/2020 SHERIFFS COURT SERVICES 100.00 0.00 100.00 AP 00408356 03/11/2020 SHOETERIA 329.69 0.00 329.69 AP 00408357 03/11/2020 SHRED PROS 58.00 0.00 58.00 AP 00408358 03/11/2020 SIDEPATH INC 14,625.00 0.00 14,625.00 AP 00408359 03/11/2020 SIGN SHOP, THE 0.00 26.94 26.94 AP 00408366 03/11/2020 SOUTHERN CALIFORNIA EDISON 10,294.60 1,699.66 11,994.26 *** AP 00408367 03/11/2020 SOUTHERN CALIFORNIA EDISON 33,005.30 0.00 33,005.30 AP 00408368 03/11/2020 SOUTHERN CALIFORNIA EDISON 187.82 0.00 187.82 AP 00408369 03/11/2020 SPORTBALL 5,877.80 0.00 5,877.80 AP 00408370 03/11/2020 STEPPIN OUT BALLROOM 117.60 0.00 117.60 AP 00408371 03/11/2020 STOTZ EQUIPMENT 22.06 0.00 22.06 User: VLOPEZ - VERONICA LOPEZ Page: 4 Current Date: 03/23/2020 Report: CK_AGENDA_REG_PORTRAIT_CONSOLIDATED - CK: Agenda Check Register Portrait Layout Time: 09:39:52 Page 23 CITY OF RANCHO CUCAMONGA AND RANCHO CUCAMONGA FIRE PROTECTION DISTRICT Excluding So Calif Gas Company. Agenda Check Register 3/9/2020 through 3/22/2020 Check No. Check Date Vendor Name Ca Fire Amount AP 00408372 03/11/2020 SUPERION LLC 12,165.00 0.00 12,165.00 AP 00408373 03/11/2020 TETRA TECH INC 16,995.04 0.00 16,995.04 AP 00408374 03/11/2020 TIANA SANCHEZ INTERNATIONAL LLC 150.00 0.00 150.00 AP 00408375 03/11/2020 TIREHUB LLC 2,251.31 0.00 2,251.31 AP 00408376 03/11/2020 TORO TOWING 250.00 0.00 250.00 AP 00408377 03/11/2020 TOT LOT PROS INC 98,000.00 0.00 98,000.00 AP 00408378 03/11/2020 TYSKA, KRISTEN 134.38 0.00 134.38 AP 00408379 03/11/2020 U.S. BANK PARS ACCT #6746022500 22,195.20 0.00 22,195.20 AP 00408380 03/11/2020 UNDERGROUND SVC ALERT OF SO CAL 214.60 0.00 214.60 AP 00408381 03/11/2020 UNITED WAY 60.00 0.00 60.00 AP 00408382 03/11/2020 UNIVERSAL FLEET SUPPLY 0.00 228.07 228.07 AP 00408383 03/11/2020 UPS 80.85 0.00 80.85 AP 00408384 03/11/2020 URBAN3 15,660.68 0.00 15,660.68 AP 00408385 03/11/2020 UTILIQUEST 4,224.96 0.00 4,224.96 AP 00408386 03/11/2020 UTILITY CRANE & EQUIPMENT INC 491.55 0.00 491.55 AP 00408387 03/11/2020 VALLEY POWER SYSTEMS INC 0.00 2,946.15 2,946.15 AP 00408388 03/11/2020 VARGAS AND RAMIREZ SPORTS 2,606.32 0.00 2,606.32 AP 00408389 03/11/2020 VERIZON WIRELESS - LA 5,137.34 0.00 5,137.34 AP 00408390 03/11/2020 VIGILANT SOLUTIONS 140,277.17 0.00 140,277.17 AP 00408391 03/11/2020 VIGILANT SOLUTIONS 168,917.27 0.00 168,917.27 AP 00408392 03/11/2020 VIRTUAL PROJECT MANAGER LLC 500.00 0.00 500.00 AP 00408393 03/11/2020 VULCAN MATERIALS COMPANY 1,149.51 0.00 1,149.51 AP 00408394 03/11/2020 WAXIE SANITARY SUPPLY 2,269.70 724.64 2,994.34 *** AP 00408395 03/11/2020 WESTERN UNIVERSITY OF VET MEDICINE 210.00 0.00 210.00 AP 00408396 03/11/2020 WESTRUX INTERNATIONAL INC 0.00 256.22 256.22 AP 00408397 03/11/2020 WILLDAN ASSOCIATES 0.00 4,200.00 4,200.00 AP 00408398 03/11/2020 WIRZ AND COMPANY 601.25 0.00 601.25 AP 00408399 03/11/2020 WORLD ELITE GYMNASTICS 52.50 0.00 52.50 AP 00408400 03/11/2020 XEROX CORPORATION 1,233.44 0.00 1,233.44 AP 00408401 03/11/2020 XEROX FINANCIAL SERVICES 388.02 0.00 388.02 AP 00408402 03/11/2020 YALE CHASE EQUIPMENT AND SERVICES INC 36,619.56 0.00 36,619.56 AP 00408403 03/11/2020 YORK INDUSTRIES 1,528.50 0.00 1,528.50 AP 00408404 03/12/2020 FEDERAL EXPRESS CORP 688.72 0.00 688.72 AP 00408405 03/18/2020 ADVANCED CHEMICAL TRANSPORT 1,248.50 0.00 1,248.50 AP 00408406 03/18/2020 ADVANCED UTILITY SYSTEMS CORP 11,760.00 0.00 11,760.00 AP 00408407 03/18/2020 ALLSTAR FIRE EQUIPMENT INC 0.00 6,186.58 6,186.58 AP 00408408 03/18/2020 ALPHAGRAPHICS 201.36 0.00 201.36 AP 00408409 03/18/2020 ALTA VISTA MOBILE HOME PARK 397.59 0.00 397.59 AP 00408410 03/18/2020 AUNTIE M CREATIVE CONSULTANTS INC 1,287.31 0.00 1,287.31 AP 00408411 03/18/2020 AUTISM SOCIETY INLAND EMPIRE 500.00 0.00 500.00 AP 00408412 03/18/2020 BCT ENTERTAINMENT 1,050.00 0.00 1,050.00 AP 00408413 03/18/2020 BEDAZZLE MY EVENTS 4,071.00 0.00 4,071.00 AP 00408414 03/18/2020 BOEHRINGER INGELHEIM ANIMAL HEALTH USA INC 247.42 0.00 247.42 AP 00408415 03/18/2020 BOUND TREE MEDICAL LLC 0.00 451.59 451.59 AP 00408420 03/18/2020 C V W D 29,183.88 693.63 29,877.51 *** AP 00408421 03/18/2020 CA LLC - DBA ALTA LAGUNA MHP 500.00 0.00 500.00 AP 00408422 03/18/2020 CAL FIRE/STATE FIRE MARSHAL 0.00 200.00 200.00 User: VLOPEZ - VERONICA LOPEZ Page: 5 Current Date: 03/23/2020 Report: CK_AGENDA_REG_PORTRAIT_CONSOLIDATED - CK: Agenda Check Register Portrait Layout Time: 09:39:52 Page 24 CITY OF RANCHO CUCAMONGA AND RANCHO CUCAMONGA FIRE PROTECTION DISTRICT Excluding So Calif Gas Company. Agenda Check Register 3/9/2020 through 3/22/2020 Check No. Check Date Vendor Name Ca Fire Amount AP 00408423 03/18/2020 CALIFA GROUP 14,216.20 0.00 14,216.20 AP 00408424 03/18/2020 CALIFORNIA DPT OF TAX & FEE ADMINISTRATION 416.44 68.83 485.27 *** AP 00408425 03/18/2020 CALIFORNIA POLICE CHIEFS ASSOC 575.00 0.00 575.00 AP 00408426 03/18/2020 CAMERON -DANIEL PC 3,172.00 0.00 3,172.00 AP 00408427 03/18/2020 CARDENAS, LES 72.00 0.00 72.00 AP 00408428 03/18/2020 CARNESI LLC 3,685.00 0.00 3,685.00 AP 00408429 03/18/2020 CASA VOLANTE MOBILE HOME PARK 700.00 0.00 700.00 AP 00408430 03/18/2020 CHAPARRAL HEIGHTS MOBILE HOME PARK 474.35 0.00 474.35 AP 00408431 03/18/2020 CHEN, YIHUA 80.12 0.00 80.12 AP 00408432 03/18/2020 CHILDSPLAY 400.00 0.00 400.00 AP 00408433 03/18/2020 CINTAS CORPORATION #150 0.00 1,081.26 1,081.26 AP 00408434 03/18/2020 CIVIC SOLUTIONS INC 8,325.00 0.00 8,325.00 AP 00408435 03/18/2020 CLAREMONT COURIER 562.00 0.00 562.00 AP 00408436 03/18/2020 CORELOGIC SOLUTIONS LLC 257.50 0.00 257.50 AP 00408437 03/18/2020 CRIME SCENE STERI-CLEAN LLC 540.00 0.00 540.00 AP 00408438 03/18/2020 CUMMINS SALES AND SERVICE 0.00 9,291.18 9,291.18 AP 00408439 03/18/2020 D & D SERVICES INC. 451.50 0.00 451.50 AP 00408440 03/18/2020 DATAMARS INC 1,462.25 0.00 1,462.25 AP 00408441 03/18/2020 DAVENPORT, JAY 0.00 270.00 270.00 AP 00408442 03/18/2020 DEPARTMENT OF INDUSTRIAL RELATIONS 225.00 0.00 225.00 AP 00408443 03/18/2020 DEPARTMENT OF INDUSTRIAL RELATIONS 225.00 0.00 225.00 AP 00408444 03/18/2020 DEPARTMENT OF INDUSTRIAL RELATIONS 225.00 0.00 225.00 AP 00408445 03/18/2020 DEPARTMENT OF JUSTICE 0.00 49.00 49.00 AP 00408446 03/18/2020 DIRECTV 174.99 0.00 174.99 AP 00408447 03/18/2020 DIRECTV 84.54 0.00 84.54 AP 00408448 03/18/2020 DIRECTV 69.99 0.00 69.99 AP 00408449 03/18/2020 DUNN, ANNE MARIE 57.60 0.00 57.60 AP 00408450 03/18/2020 ED MARTIN DESIGN 259.69 0.00 259.69 AP 00408451 03/18/2020 EVANS, LEILANI 100.00 0.00 100.00 AP 00408452 03/18/2020 FAIRVIEW FORD 3,074.50 0.00 3,074.50 AP 00408453 03/18/2020 FAMILY SERVICE ASSOCIATION 910.00 0.00 910.00 AP 00408454 03/18/2020 FEDERAL EXPRESS CORP 27.39 0.00 27.39 AP 00408455 03/18/2020 FEDERAL EXPRESS CORP 67.90 0.00 67.90 AP 00408456 03/18/2020 FEDERAL EXPRESS CORP 18.85 0.00 18.85 AP 00408457 03/18/2020 FLORIN, JOSEPH 55.99 0.00 55.99 AP 00408458 03/18/2020 FORD OF UPLAND INC 656.87 0.00 656.87 AP 00408459 03/18/2020 FORTIN LAW GROUP 6,640.18 0.00 6,640.18 AP 00408460 03/18/2020 FOUR POINTS BY SHERATON 574.44 0.00 574.44 AP 00408461 03/18/2020 FREEDOM FOREVER LLC 86.98 0.00 86.98 AP 00408462 03/18/2020 FRONTIER COMM 1,508.58 415.33 1,923.91 *** AP 00408463 03/18/2020 G & M BUSINESS INTERIORS 0.00 74.19 74.19 AP 00408464 03/18/2020 GATEWAY PET CEMETERY AND CREMATORY 260.00 0.00 260.00 AP 00408465 03/18/2020 GIORDANO, MARIANNA 168.00 0.00 168.00 AP 00408466 03/18/2020 GMRI INC 5,000.00 0.00 5,000.00 AP 00408467 03/18/2020 GOLDEN OAKS VET HOSPITAL 75.00 0.00 75.00 AP 00408468 03/18/2020 GRAPHICS FACTORY PRINTING INC. 128.49 0.00 128.49 AP 00408469 03/18/2020 GRIFFITHS, VICTORIA MICHELLE 256.38 0.00 256.38 User: VLOPEZ - VERONICA LOPEZ Page: 6 Current Date: 03/23/2020 Report: CK_AGENDA_REG_PORTRAIT_CONSOLIDATED - CK: Agenda Check Register Portrait Layout Time: 09:39:52 Page 25 CITY OF RANCHO CUCAMONGA AND RANCHO CUCAMONGA FIRE PROTECTION DISTRICT Excluding So Calif Gas Company. Agenda Check Register 3/9/2020 through 3/22/2020 Check No. Check Date Vendor Name Ca Fire Amount AP 00408470 03/18/2020 GROVES ON FOOTHILL, THE 200.00 0.00 200.00 AP 00408471 03/18/2020 HANGTIME SPORTS 2,046.00 0.00 2,046.00 AP 00408472 03/18/2020 HEARTSAVERS LLC 88.00 0.00 88.00 AP 00408473 03/18/2020 HENDY, HEIDI 15,000.00 0.00 15,000.00 AP 00408474 03/18/2020 HENRY SCHEIN INC 0.00 172.94 172.94 AP 00408475 03/18/2020 HERITAGE EDUCATION GROUP 793.00 0.00 793.00 AP 00408476 03/18/2020 HI -WAY SAFETY INC 1,168.50 0.00 1,168.50 AP 00408477 03/18/2020 HMC ARCHITECTS 0.00 14,340.91 14,340.91 AP 00408478 03/18/2020 HOMETOWN AMERICA RAMONA VILLA 500.00 0.00 500.00 AP 00408479 03/18/2020 HOUSE OF RUTH INC 1,984.88 0.00 1,984.88 AP 00408480 03/18/2020 HP COMMUNICATIONS INC 4,500.00 0.00 4,500.00 AP 00408481 03/18/2020 HUMANE SOCIETY OF SAN BERNARDINO VALLEY 25.00 0.00 25.00 AP 00408482 03/18/2020 IDEXX DISTRIBUTION INC 2,213.22 0.00 2,213.22 AP 00408483 03/18/2020 INLAND FAIR HOUSING AND MEDIATION BOARD 679.54 0.00 679.54 AP 00408484 03/18/2020 INLAND PRESORT & MAILING SERVICES 302.08 0.00 302.08 AP 00408485 03/18/2020 INLAND VALLEY DANCE ACADEMY 1,221.00 0.00 1,221.00 AP 00408486 03/18/2020 INLAND VALLEY EMERGENCY PET CLINIC 830.50 0.00 830.50 AP 00408487 03/18/2020 INTELESYS 34,190.00 0.00 34,190.00 AP 00408488 03/18/2020 INTERNATIONAL IDENTIFICATION INC 996.48 0.00 996.48 AP 00408489 03/18/2020 INTERNATIONAL LINE BUILDERS INC 33,443.66 0.00 33,443.66 AP 00408490 03/18/2020 INTERVET INC 2,567.25 0.00 2,567.25 AP 00408491 03/18/2020 INYO NETWORKS 6,394.50 0.00 6,394.50 AP 00408492 03/18/2020 JOHN ARMSTRONG CONSTRUCTION INC 5,000.00 0.00 5,000.00 AP 00408493 03/18/2020 KINDRED CORPORATION 1,747.39 0.00 1,747.39 AP 00408494 03/18/2020 KOLIVA REAL ESTATE 1,500.00 0.00 1,500.00 AP 00408495 03/18/2020 LAKEVIEW CONSTRUCTION 10,000.00 0.00 10,000.00 AP 00408496 03/18/2020 LEAL, MICHAEL 0.00 300.00 300.00 AP 00408497 03/18/2020 LEIGHTON CONSULTING INC 0.00 35,246.90 35,246.90 AP 00408498 03/18/2020 LUGO, CHRISTINA 37.00 0.00 37.00 AP 00408499 03/18/2020 MARIPOSA LANDSCAPES INC 1,366.92 0.00 1,366.92 AP 00408500 03/18/2020 MARLINK SA INC 0.00 162.00 162.00 AP 00408501 03/18/2020 MARY MCGRATH ARCHITECTS 0.00 40,593.21 40,593.21 AP 00408502 03/18/2020 MCMASTER-CARR SUPPLY COMPANY 0.00 1,048.58 1,048.58 AP 00408503 03/18/2020 MEDIWASTE DISPOSAL 130.00 0.00 130.00 AP 00408504 03/18/2020 MIDWEST TAPE 693.21 0.00 693.21 AP 00408505 03/18/2020 MILES, BILLIE 170.00 0.00 170.00 AP 00408506 03/18/2020 MOREL, DANNY 46.77 0.00 46.77 AP 00408507 03/18/2020 MUSIC STAR 1,283.40 0.00 1,283.40 AP 00408508 03/18/2020 MUTUAL PROPANE 0.00 26,949.33 26,949.33 AP 00408509 03/18/2020 NAPA AUTO PARTS 0.00 436.66 436.66 AP 00408510 03/18/2020 NATIONAL CHARITY LEAGUE INC 500.00 0.00 500.00 AP 00408511 03/18/2020 NUVI GLOBAL CORP 53.54 0.00 53.54 AP 00408512 03/18/2020 OLBES, ESTRELLITA 28.00 0.00 28.00 AP 00408513 03/18/2020 ONTRAC 4.12 0.00 4.12 AP 00408514 03/18/2020 OPARC 396.00 0.00 396.00 AP 00408515 03/18/2020 OPEN TEXT INC 719.99 0.00 719.99 AP 00408516 03/18/2020 PACIFIC UTILITY INSTALLATION INC 1,075.00 0.00 1,075.00 User: VLOPEZ - VERONICA LOPEZ Page: 7 Current Date: 03/23/2020 Report: CK_AGENDA_REG_PORTRAIT_CONSOLIDATED - CK: Agenda Check Register Portrait Layout Time: 09:39:52 Page 26 CITY OF RANCHO CUCAMONGA AND RANCHO CUCAMONGA FIRE PROTECTION DISTRICT Excluding So Calif Gas Company. Agenda Check Register 3/9/2020 through 3/22/2020 Check No. Check Date Vendor Name Ca Fire Amount AP 00408517 03/18/2020 PACIFIC UTILITY INSTALLATION INC 1,125.00 0.00 1,125.00 AP 00408518 03/18/2020 PACKLER, SUSAN 157.26 0.00 157.26 AP 00408519 03/18/2020 PANROSA ENTERPRISES INC 589.22 0.00 589.22 AP 00408520 03/18/2020 PINES MOBILE HOME PARK, THE 200.00 0.00 200.00 AP 00408521 03/18/2020 PIRTLE WELDING 300.00 0.00 300.00 AP 00408522 03/18/2020 POLLOCK, LARRY 0.00 620.00 620.00 AP 00408523 03/18/2020 QUADIENT INC 370.16 0.00 370.16 AP 00408524 03/18/2020 R AND R AUTOMOTIVE 3,015.01 0.00 3,015.01 AP 00408525 03/18/2020 RAIMI AND ASSOCIATES 20,361.65 0.00 20,361.65 AP 00408526 03/18/2020 REGANYAN, ERIKA 63.67 0.00 63.67 AP 00408527 03/18/2020 RHAPSODY EDUCATION 448.60 0.00 448.60 AP 00408528 03/18/2020 RICHARDS WATSON AND GERSHON 32,968.25 8,313.30 41,281.55 *** AP 00408529 03/18/2020 ROCK MILLER P.E. 1,641.80 0.00 1,641.80 AP 00408530 03/18/2020 ROYBAL GENERAL CONSTRUCTION 500.00 0.00 500.00 AP 00408531 03/18/2020 SAFE -ENTRY TECHNICAL INC 0.00 308.92 308.92 AP 00408532 03/18/2020 SAM'S CLUB/SYNCHRONY BANK 73.93 0.00 73.93 AP 00408533 03/18/2020 SAN BERNARDINO CO AUDITOR CONT 10,302.54 0.00 10,302.54 AP 00408534 03/18/2020 SAN BERNARDINO CTY SHERIFF'S DEPT 0.00 300.00 300.00 AP 00408535 03/18/2020 SCMAF - INLAND EMPIRE 1,200.00 0.00 1,200.00 AP 00408536 03/18/2020 SHAW, LESLIE 198.00 0.00 198.00 AP 00408537 03/18/2020 SHRED PROS 186.00 0.00 186.00 AP 00408538 03/18/2020 SIMPSON, MARJORIE 5,000.00 0.00 5,000.00 AP 00408539 03/18/2020 SMITH, HELEN 150.00 0.00 150.00 AP 00408541 03/18/2020 SOUTHERN CALIFORNIA EDISON 98,514.10 665.87 99,179.97 *** AP 00408542 03/18/2020 SOUTHERN CALIFORNIA EDISON 390.06 0.00 390.06 AP 00408543 03/18/2020 SPECIALTIES INC 1,374.66 0.00 1,374.66 AP 00408544 03/18/2020 SPORTBALL 2,716.20 0.00 2,716.20 AP 00408545 03/18/2020 STERLING COFFEE SERVICE 1,474.24 0.00 1,474.24 AP 00408546 03/18/2020 STRONG, DAVID 500.00 0.00 500.00 AP 00408547 03/18/2020 SUN BADGE CO 386.82 2,521.40 2,908.22 *** AP 00408548 03/18/2020 SYCAMORE VILLA MOBILE HOME PARK 400.00 0.00 400.00 AP 00408549 03/18/2020 TELEFLEX LLC 0.00 1,308.50 1,308.50 AP 00408550 03/18/2020 TERAN, GABRIEL 281.61 0.00 281.61 AP 00408551 03/18/2020 TONG, CHENG CHENG 79.59 0.00 79.59 AP 00408552 03/18/2020 TRI POINTE HOMES 14,372.00 0.00 14,372.00 AP 00408553 03/18/2020 TRI -CITY BUILDERS INC 5,000.00 0.00 5,000.00 AP 00408554 03/18/2020 TRIMARK PACIFIC HOMES 2,500.00 0.00 2,500.00 AP 00408555 03/18/2020 TROESH, JOSHUA ESCALANTE 36.00 0.00 36.00 AP 00408556 03/18/2020 U.S. BANK PARS ACCT #6746022500 1,100.20 0.00 1,100.20 AP 00408557 03/18/2020 UNITED FIRE & SAFETY CO 966.77 0.00 966.77 AP 00408558 03/18/2020 VARGAS AND RAMIREZ SPORTS 191.58 0.00 191.58 AP 00408559 03/18/2020 VERIZON 30.22 0.00 30.22 AP 00408560 03/18/2020 VERIZON 32.98 0.00 32.98 AP 00408561 03/18/2020 VERIZON 32.71 0.00 32.71 AP 00408562 03/18/2020 VERIZON WIRELESS - LA 101.95 0.00 101.95 AP 00408563 03/18/2020 VERIZON WIRELESS - LA 81.91 0.00 81.91 AP 00408564 03/18/2020 VICTOR MEDICAL COMPANY 47.25 0.00 47.25 User: VLOPEZ - VERONICA LOPEZ Page: 8 Current Date: 03/23/2020 Report: CK_AGENDA_REG_PORTRAIT_CONSOLIDATED - CK: Agenda Check Register Portrait Layout Time: 09:39:52 Page 27 CITY OF RANCHO CUCAMONGA AND RANCHO CUCAMONGA FIRE PROTECTION DISTRICT Excluding So Calif Gas Company. Agenda Check Register 3/9/2020 through 3/22/2020 Check No. Check Date Vendor Name Ca Fire Amount AP 00408565 03/18/2020 VOHNE LICHE KENNELS INC 125.00 0.00 125.00 AP 00408566 03/18/2020 WALTERS WHOLESALE ELECTRIC CO 75.88 0.00 75.88 AP 00408567 03/18/2020 WAXIE SANITARY SUPPLY 308.10 172.12 480.22 *** AP 00408568 03/18/2020 WEIR, THOMAS 15.00 0.00 15.00 AP 00408569 03/18/2020 WESTERN UNIVERSITY OF VET MEDICINE 1,900.00 0.00 1,900.00 AP 00408570 03/18/2020 WINZER CORPORATION 0.00 220.49 220.49 AP 00408571 03/18/2020 XIE, LUXI 100.00 0.00 100.00 Total City: $6,240,237.38 Total Fire: $844,757.40 Grand Total: . Note: *** Check Number includes both City and Fire District expenditures User: VLOPEZ - VERONICA LOPEZ Page: 9 Current Date: 03/23/2020 Report: CK_AGENDA_REG_PORTRAIT_CONSOLIDATED - CK: Agenda Check Register Portrait Layout Time: 09:39:52 Page 28 CITY OF RANCHO CUCAMONGA AND RANCHO CUCAMONGA FIRE PROTECTION DISTRICT Electronic Debit Register February 1, 2020 to February 29, 2020 DATE DESCRIPTION CITY FIRE AMOUNT 2/3 Workers Comp - Fire Account Transfer - 148.84 148.84 2/4 Bank Fee 76.60 - 76.60 2/4 CALPERS - City - Retirement Account Deposit 690.51 - 690.51 2/4 U.S. BANK - Purchasing Card Payment 36,828.27 15,015.00 51,843.27 2/4 U.S. BANK - Corporate Card Payment 60,756.67 15,313.66 76,070.33 2/4 U.S. BANK - Costco Card Payment 286.17 - 286.17 2/4 WIRE PAYMENT - RCMU CAISO 7,628.55 7,628.55 2/4 Workers Comp - City Account Transfer 24.00 - 24.00 2/4 Workers Comp - Fire Account Transfer - 13.47 13.47 2/5 Workers Comp - City Account Transfer 440.26 - 440.26 2/5 Workers Comp - Fire Account Transfer - 3,763.62 3,763.62 2/6 Workers Comp - Fire Account Transfer - 1,219.34 1,219.34 2/7 Workers Comp - City Account Transfer 30.31 - 30.31 2/7 Workers Comp - Fire Account Transfer - 4,988.63 4,988.63 2/10 Workers Comp- City Account Transfer 1,092.00 - 1,092.00 2/10 Workers Comp - Fire Account Transfer - 1,043.26 1,043.26 2/11 WIRE PAYMENT - RCMU CAISO 70,932.59 - 70,932.59 2/11 Workers Comp - Fire Account Transfer - 40.00 40.00 2/12 STATE DISBURSEMENT UNIT - Child Support Payments - 4,863.69 4,863.69 2/12 STATE DISBURSEMENT UNIT - Child Support Payments 1,639.07 - 1,639.07 2/12 Workers Comp - City Account Transfer 145.56 - 145.56 2/12 Workers Comp - Fire Account Transfer - 580.00 580.00 2/13 CALPERS - City - Retirement Account Deposit 287.08 - 287.08 2/13 CALPERS - City - Retirement Account Deposit 58,209.23 58,209.23 2/13 CALPERS - City - Retirement Account Deposit 114,724.19 114,724.19 2/13 WIRE TRANSFER - To Wells Fargo/Corporate Trust 1,050,217.41 1,050,217.41 2/13 Workers Comp- City Account Transfer 1,799.42 - 1,799.42 2/13 Workers Comp - Fire Account Transfer - 4,091.71 4,091.71 2/14 CALPERS - Fire - Retirement Account Deposit 2,628.34 2,628.34 2/14 CALPERS - Fire - Retirement Account Deposit 3,173.97 3,173.97 2/14 CALPERS - Fire - Retirement Account Deposit 4,881.41 4,881.41 2/14 CALPERS - Fire - Retirement Account Deposit 9,336.07 9,336.07 2/14 CALPERS - Fire - Retirement Account Deposit 22,796.06 22,796.06 2/14 CALPERS - Fire - Retirement Account Deposit - 107,777.22 107,777.22 2/14 WIRE TRANSFER - To MUFG - Union Bank -Debt Service 4,149.37 - 4,149.37 2/14 WIRE TRANSFER - To MUFG - Union Bank -Debt Service 9,711.86 9,711.86 2/14 WIRE TRANSFER - To MUFG - Union Bank -Debt Service 37,215.48 37,215.48 2/14 WIRE TRANSFER - To MUFG - Union Bank -Debt Service 39,885.68 39,885.68 2/14 WIRE TRANSFER - To MUFG - Union Bank -Debt Service 62,526.49 62,526.49 2/14 WIRE TRANSFER - To MUFG - Union Bank -Debt Service 100,331.73 100,331.73 2/14 Workers Comp - City Account Transfer 253.82 - 253.82 2/14 Workers Comp - Fire Account Transfer - 258.24 258.24 2/18 Workers Comp - City Account Transfer 1,502.95 - 1,502.95 2/18 Workers Comp - Fire Account Transfer - 580.00 580.00 2/19 Workers Comp - City Account Transfer 1,854.58 - 1,854.58 2/19 Workers Comp - Fire Account Transfer - 887.00 887.00 2/20 Workers Comp - City Account Transfer 129.22 - 129.22 2/20 Workers Comp - Fire Account Transfer - 264.57 264.57 2/21 Workers Comp - City Account Transfer 3,353.85 - 3,353.85 2/21 Workers Comp - Fire Account Transfer - 628.72 628.72 2/24 CALPERS - City - Retirement Account Deposit 57,941.07 - 57,941.07 2/24 CALPERS - City - Retirement Account Deposit 114,707.33 114,707.33 2/24 Workers Comp - City Account Transfer 500.00 500.00 2/25 WIRE PAYMENT - RCMU CAISO 3,130.09 3,130.09 2/25 Workers Comp - City Account Transfer 12.00 12.00 2/26 STATE DISBURSEMENT UNIT - Child Support Payments 1,639.07 1,639.07 1 Page 29 CITY OF RANCHO CUCAMONGA AND RANCHO CUCAMONGA FIRE PROTECTION DISTRICT Electronic Debit Register February 1, 2020 to February 29, 2020 DATE DESCRIPTION CITY FIRE AMOUNT 2/26 STATE DISBURSEMENT UNIT - Child Support Payments - 5,060.65 5,060.65 2/26 Workers Comp - City Account Transfer 4,200.14 - 4,200.14 2/26 Workers Comp - Fire Account Transfer - 864.20 864.20 2/27 CALPERS - Fire - Retirement Account Deposit - 186,559.43 186,559.43 2/27 CALPERS - City - Retirement Account Deposit 2,250.00 - 2,250.00 2/27 CALPERS - Fire - Retirement Account Deposit - 2,598.34 2,598.34 2/27 CALPERS - Fire - Retirement Account Deposit 3,091.69 3,091.69 2/27 CALPERS - Fire - Retirement Account Deposit 4,844.89 4,844.89 2/27 CALPERS - Fire - Retirement Account Deposit 9,336.07 9,336.07 2/27 CALPERS - Fire - Retirement Account Deposit 22,152.04 22,152.04 2/27 CALPERS - Fire - Retirement Account Deposit - 107,777.22 107,777.22 2/27 Workers Comp - City Account Transfer 872.80 - 872.80 2/27 Workers Comp - Fire Account Transfer - 2,689.53 2,689.53 2/28 Workers Comp - City Account Transfer 80.82 - 80.82 2/28 Workers Comp - Fire Account Transfer - 709.82 709.82 TOTAL CITY 1,852,056.24 TOTAL FIRE 549,976.70 GRAND TOTAL 2,402,032.94 2 Page 30 DATE: April 1, 2020 TO: Mayor and Members of the City Council FROM: John R. Gillison, City Manager INITIATED BY: Tamara Layne, Finance Director SUBJECT: CONSIDERATION TO APPROVE BI -WEEKLY PAYROLL IN THE AMOUNT OF $1,159,899.23 AND WEEKLY CHECK REGISTERS (NO CHECKS ISSUED TO SOUTHERN CALIFORNIA GAS COMPANY) IN THE AMOUNT OF $6,240,237.38 DATED MARCH 09, 2020 THROUGH MARCH 22, 2020 AND ELECTRONIC DEBIT REGISTER FOR THE MONTH OF FEBRUARY IN THE AMOUNT OF $1,852,056.24 RECOMMENDATION: Staff recommends City Council approve payment of demands as presented BACKGROUND: N/A ANALYSIS: N/A FISCAL IMPACT: Adequate budgeted funds are available for the payment of demands per the attached listing COUNCIL GOAL(S) ADDRESSED: N/A ATTACHMENTS: Description Attachment 1 Check Register Attachment 1 Electronic Check Register Page 31 CITY OF RANCHO CUCAMONGA AND RANCHO CUCAMONGA FIRE PROTECTION DISTRICT Excluding So Calif Gas Company. Agenda Check Register 3/9/2020 through 3/22/2020 Check No. Check Date Vendor Name Ca Fire Amount AP 00010323 03/11/2020 ALL CITY MANAGEMENT SERVICES INC 35,547.18 0.00 17,773.59 AP 00010324 03/05/2020 BUREAU OF RECLAMATION 1,858.82 0.00 487.72 AP 00010325 03/11/2020 CALIF GOVERNMENT VEBA/RANCHO CUCAMONGA 50,842.54 0.00 25,421.27 AP 00010326 03/11/2020 HD PRODUCTIONS INC 18,750.00 0.00 18,750.00 AP 00010327 03/11/2020 MOFFATT & NICHOL 127,507.93 0.00 127,507.93 AP 00010328 03/11/2020 RCCEA 1,903.00 0.00 1,903.00 AP 00010329 03/11/2020 RCPFA 12,558.07 0.00 12,558.07 AP 00010330 03/11/2020 RODRIGUEZ, EUGENIO 576.00 0.00 576.00 AP 00010331 03/12/2020 ABC LOCKSMITHS 130.44 0.00 130.44 AP 00010332 03/12/2020 AIRGAS USA LLC 2,489.99 0.00 2,489.99 AP 00010333 03/12/2020 BRODART BOOKS 33,252.24 0.00 33,252.24 AP 00010334 03/12/2020 CARQUEST AUTO PARTS 706.94 0.00 706.94 AP 00010335 03/12/2020 DUMBELL MAN FITNESS EQUIPMENT, THE 2,298.42 0.00 2,298.42 AP 00010336 03/12/2020 DUNN EDWARDS CORPORATION 324.76 0.00 324.76 AP 00010337 03/12/2020 EMCOR SERVICES 6,250.00 0.00 6,250.00 AP 00010338 03/12/2020 ESRI 2,220.00 0.00 2,220.00 AP 00010339 03/12/2020 GENERATOR SERVICES CO 0.00 956.84 956.84 AP 00010340 03/12/2020 HOSE MAN INC 154.28 628.59 782.87 *** AP 00010341 03/12/2020 KME FIRE APPARATUS 0.00 2,503.09 2,503.09 AP 00010342 03/12/2020 MCFADDEN DALE HARDWARE 8.23 0.00 8.23 AP 00010343 03/12/2020 MINUTEMAN PRESS 1,034.71 0.00 1,034.71 AP 00010346 03/12/2020 OFFICE DEPOT 7,849.96 409.28 8,259.24 *** AP 00010347 03/12/2020 PSA PRINT GROUP 254.29 116.37 370.66 *** AP 00010348 03/12/2020 SITEONE LANDSCAPE SUPPLY LLC 4,155.45 0.00 4,155.45 AP 00010349 03/12/2020 SOUTHERN CALIFORNIA NEWS GROUP 5,138.02 0.00 5,138.02 AP 00010350 03/12/2020 SUNRISE FORD 437.17 0.00 437.17 AP 00010351 03/12/2020 THOMPSON PLUMBING SUPPLY INC 3,803.68 0.00 3,803.68 AP 00010352 03/12/2020 VISTA PAINT 963.50 0.00 963.50 AP 00010353 03/18/2020 CALPINE ENERGY SERVICES LP 102,000.00 0.00 102,000.00 AP 00010354 03/18/2020 RE ASTORIA 2 LLC 79,811.83 0.00 79,811.83 AP 00010355 03/18/2020 RIVERSIDE, CITY OF 6,909.00 0.00 6,909.00 AP 00010356 03/18/2020 SAN BERNARDINO COUNTY 80.00 0.00 80.00 AP 00010357 03/18/2020 SAN BERNARDINO CTY SHERIFFS DEPT 3,398,399.94 0.00 3,398,399.94 AP 00010358 03/18/2020 U S DEPARTMENT OF ENERGY 8,451.08 0.00 8,451.08 AP 00010359 03/19/2020 AIRGAS USA LLC 272.81 337.40 610.21 *** AP 00010360 03/19/2020 BIBLIOTHECA LLC 3,158.90 0.00 3,158.90 AP 00010361 03/19/2020 BRODART BOOKS 2,400.00 0.00 2,400.00 AP 00010362 03/19/2020 MINUTEMAN PRESS 615.20 0.00 615.20 AP 00010363 03/19/2020 OFFICE DEPOT 2,573.38 273.35 2,846.73 *** AP 00010364 03/19/2020 PSA PRINT GROUP 204.73 38.79 243.52 *** AP 00408212 03/11/2020 49ER COMMUNICATIONS 0.00 720.00 720.00 AP 00408213 03/11/2020 A & I REPROGRAPHICS 1,392.77 0.00 1,392.77 AP 00408214 03/11/2020 ABLE BUILDING MAINTENANCE 548.55 0.00 548.55 AP 00408215 03/11/2020 ACOSTA, ARISTEO 18.75 0.00 18.75 AP 00408216 03/11/2020 ACTION AWARDS INC 3,156.30 0.00 3,156.30 AP 00408217 03/11/2020 ADAPT CONSULTING INC 269.38 0.00 269.38 AP 00408218 03/11/2020 ADVANCED EQUIPMENT CORP 6,565.00 0.00 6,565.00 User: VLOPEZ - VERONICA LOPEZ Page: 1 Current Date: 03/23/2020 Report: CK_AGENDA_REG_PORTRAIT_CONSOLIDATED - CK: Agenda Check Register Portrait Layout Time: 09:39:52 Page 32 CITY OF RANCHO CUCAMONGA AND RANCHO CUCAMONGA FIRE PROTECTION DISTRICT Excluding So Calif Gas Company. Agenda Check Register 3/9/2020 through 3/22/2020 Check No. Check Date Vendor Name Cu Fire Amount AP 00408219 03/11/2020 ADVANTAGE SEALING SYSTEMS INC 350.83 0.00 350.83 AP 00408220 03/11/2020 AFLAC GROUP INSURANCE 24.58 0.00 24.58 AP 00408221 03/11/2020 AGRI-TURF DISTRIBUTING LLC 153.21 0.00 153.21 AP 00408222 03/11/2020 AIR & HOSE SOURCE INC 196.02 0.00 196.02 AP 00408223 03/11/2020 ALCORN, RICHARD 25.00 0.00 25.00 AP 00408224 03/11/2020 ALL WELDING 1,242.72 0.00 1,242.72 AP 00408225 03/11/2020 AMERICAN TRAINING RESOURCES INC 1,071.73 0.00 1,071.73 AP 00408226 03/11/2020 ARCHITERRA DESIGN GROUP 8,057.50 0.00 8,057.50 AP 00408227 03/11/2020 ARROW TRAILER SUPPLIES INC 239.23 0.00 239.23 AP 00408228 03/11/2020 ART OF LIVING FOUNDATION 36.00 0.00 36.00 AP 00408229 03/11/2020 AUFBAU CORPORATION 34,970.00 0.00 34,970.00 AP 00408230 03/11/2020 BAKER & TAYLOR LLC 108.56 0.00 108.56 AP 00408231 03/11/2020 BERLITZ LANGUAGES INC 65.00 0.00 65.00 AP 00408232 03/11/2020 BERNELL HYDRAULICS INC 493.53 0.00 493.53 AP 00408233 03/11/2020 BILL & WAGS INC 0.00 421.88 421.88 AP 00408234 03/11/2020 BOUND TREE MEDICAL LLC 0.00 305.30 305.30 AP 00408235 03/11/2020 BREAKING BARRIERS FITNESS 240.00 0.00 240.00 AP 00408236 03/11/2020 BRIGHTVIEW LANDSCAPE SERVICES INC 358,597.70 0.00 358,597.70 AP 00408237 03/11/2020 BROWN, TIM 452.50 0.00 452.50 AP 00408238 03/11/2020 C V W D 335.42 298.65 634.07 *** AP 00408242 03/11/2020 C V W D 31,261.95 414.79 31,676.74 *** AP 00408243 03/11/2020 C.P. GENERATOR INC. 280.15 0.00 280.15 AP 00408244 03/11/2020 CALIFORNIA BAPTIST UNIVERSITY 314.48 0.00 314.48 AP 00408245 03/11/2020 CALIFORNIA DELUXE WINDOWS INDUSTRIES INC 224.98 0.00 224.98 AP 00408246 03/11/2020 CALIFORNIA LIBRARY ASSOCIATION 1,250.00 0.00 1,250.00 AP 00408247 03/11/2020 CALIFORNIA, STATE OF 8.44 0.00 8.44 AP 00408248 03/11/2020 CALIFORNIA, STATE OF 314.11 0.00 314.11 AP 00408249 03/11/2020 CALIFORNIA, STATE OF 100.00 0.00 100.00 AP 00408250 03/11/2020 CALIFORNIA, STATE OF 30.00 0.00 30.00 AP 00408251 03/11/2020 CAPITOL ENQUIRY 89.36 0.00 89.36 AP 00408252 03/11/2020 CARSON, DANIEL 0.00 320.95 320.95 AP 00408253 03/11/2020 CCS ORANGE COUNTY JANITORIAL INC 0.00 1,603.90 1,603.90 AP 00408254 03/11/2020 CDW GOVERNMENT INC 74,529.10 0.00 74,529.10 AP 00408255 03/11/2020 CENTENO, JASON 249.00 0.00 249.00 AP 00408256 03/11/2020 CHANGELAB SOLUTIONS 4,150.00 0.00 4,150.00 AP 00408257 03/11/2020 CHARTER COMMUNICATIONS 5,029.49 6,365.46 11,394.95 *** AP 00408258 03/11/2020 CINTAS CORPORATION #150 3,389.80 0.00 3,389.80 AP 00408259 03/11/2020 CLARKE PLUMBING SPECIALTIES INC. 382.19 0.00 382.19 AP 00408260 03/11/2020 CONCEPT POWDER COATING 290.00 0.00 290.00 AP 00408261 03/11/2020 CONSOLIDATED ELECTRICAL DISTR INC 1,215.32 0.00 1,215.32 AP 00408262 03/11/2020 CONVERGEONE INC 13,236.50 0.00 13,236.50 AP 00408263 03/11/2020 CORODATA MEDIA STORAGE INC 62.70 0.00 62.70 AP 00408264 03/11/2020 COUNTRY ESTATE FENCE CO INC 5,176.28 0.00 5,176.28 AP 00408265 03/11/2020 COURTESY CHEVROLET CENTER 35,875.26 0.00 35,875.26 AP 00408266 03/11/2020 CREATIVE BRAIN LEARNING 144.00 0.00 144.00 AP 00408267 03/11/2020 CUMMINS SALES AND SERVICE 0.00 1,962.60 1,962.60 AP 00408268 03/11/2020 D & K CONCRETE COMPANY 1,764.78 0.00 1,764.78 User: VLOPEZ - VERONICA LOPEZ Page: 2 Current Date: 03/23/2020 Report: CK_AGENDA_REG_PORTRAIT_CONSOLIDATED - CK: Agenda Check Register Portrait Layout Time: 09:39:52 Page 33 CITY OF RANCHO CUCAMONGA AND RANCHO CUCAMONGA FIRE PROTECTION DISTRICT Excluding So Calif Gas Company. Agenda Check Register 3/9/2020 through 3/22/2020 Check No. Check Date Vendor Name Ca Fire Amount AP 00408269 03/11/2020 DAISYECO INC 228.36 0.00 228.36 AP 00408270 03/11/2020 DANIELS TIRE SERVICE 0.00 8,756.88 8,756.88 AP 00408271 03/11/2020 DATA TICKET INC 5,304.89 0.00 5,304.89 AP 00408272 03/11/2020 DEPENDABLE COMPANY INC 120.50 0.00 120.50 AP 00408273 03/11/2020 DOLLARHIDE, GINGER 48.00 0.00 48.00 AP 00408274 03/11/2020 E POLY STAR INC 1,451.93 0.00 1,451.93 AP 00408275 03/11/2020 EMPIRE ECONOMICS INC 25,000.00 0.00 25,000.00 AP 00408276 03/11/2020 ERICKSON-HALL CONSTRUCTION CO 0.00 78,491.25 78,491.25 AP 00408277 03/11/2020 EXECUTIVE AUTO DETAIL 0.00 280.00 280.00 AP 00408278 03/11/2020 EXPRESS BRAKE SUPPLY 346.34 0.00 346.34 AP 00408279 03/11/2020 FAIRVIEW FORD 816.77 0.00 816.77 AP 00408280 03/11/2020 FAVELA JR., RICHARD 324.99 0.00 324.99 AP 00408281 03/11/2020 FEDERAL EXPRESS CORP 76.33 0.00 76.33 AP 00408282 03/11/2020 FLORES, JUAN 78.00 0.00 78.00 AP 00408283 03/11/2020 FORD OF UPLAND INC 2,516.76 0.00 2,516.76 AP 00408284 03/11/2020 FORTUNE FENCING 1,485.00 0.00 1,485.00 AP 00408285 03/11/2020 FOUR POINTS BY SHERATON 1,776.84 0.00 1,776.84 AP 00408286 03/11/2020 FRANKLIN TRUCK PARTS 0.00 23.76 23.76 AP 00408287 03/11/2020 FUEL SERV 190.00 3,560.00 3,750.00 *** AP 00408288 03/11/2020 G & M BUSINESS INTERIORS 13,821.73 0.00 13,821.73 AP 00408289 03/11/2020 GAMEZ, MARK 1,291.54 0.00 1,291.54 AP 00408290 03/11/2020 GARRETT, MICHELE 54.39 0.00 54.39 AP 00408291 03/11/2020 GRAINGER 1,232.07 1,355.66 2,587.73 *** AP 00408292 03/11/2020 GRAPHICS FACTORY PRINTING INC. 126.61 0.00 126.61 AP 00408293 03/11/2020 GRAYBAR ELECTRIC COMPANY INC 2,150.86 2,330.86 4,481.72 *** AP 00408294 03/11/2020 GRIBBLE, GREG 250.00 0.00 250.00 AP 00408295 03/11/2020 HALL, ANGELA 150.00 0.00 150.00 AP 00408296 03/11/2020 HANGTIME SPORTS 3,924.00 0.00 3,924.00 AP 00408297 03/11/2020 HERNANDEZ, JESSICA 200.08 0.00 200.08 AP 00408298 03/11/2020 HOYT LUMBER CO., SM 0.00 1.28 1.28 AP 00408299 03/11/2020 HUITT-ZOLLARS INC 19,998.00 0.00 19,998.00 AP 00408300 03/11/2020 INDEPENDENT ROOFING CONSULTANTS 1,250.00 0.00 1,250.00 AP 00408301 03/11/2020 INLAND EMPIRE MEDIA GROUP INC 695.00 0.00 695.00 AP 00408302 03/11/2020 INSTITUTE OF BUSINESS PUBLICATIONS LLC 265.00 0.00 265.00 AP 00408303 03/11/2020 INTERSTATE BATTERIES 492.44 0.00 492.44 AP 00408304 03/11/2020 ITRON INC 6,117.84 0.00 6,117.84 AP 00408305 03/11/2020 J J KELLER AND ASSOC INC 995.00 0.00 995.00 AP 00408306 03/11/2020 JUGS SPORTS INC 107.75 0.00 107.75 AP 00408307 03/11/2020 K -K WOODWORKING 32.29 0.00 32.29 AP 00408308 03/11/2020 KENDRENA, DONNA 242.89 0.00 242.89 AP 00408309 03/11/2020 KVAC ENVIRONMENTAL SERVICES INC 650.00 0.00 650.00 AP 00408310 03/11/2020 LEVEL 3 COMMUNICATIONS LLC 5,460.19 0.00 5,460.19 AP 00408311 03/11/2020 LI, HAIFANG 61.35 0.00 61.35 AP 00408312 03/11/2020 LIEBERT CASSIDY WHITMORE 12,176.10 0.00 12,176.10 AP 00408313 03/11/2020 LITTLE BEAR PRODUCTIONS 1,195.00 0.00 1,195.00 AP 00408314 03/11/2020 LOS ANGELES MUSICIANS COLLECTIVE LLC 19,373.68 0.00 19,373.68 AP 00408316 03/11/2020 LOWES COMPANIES INC. 6,967.61 1,147.33 8,114.94 *** User: VLOPEZ - VERONICA LOPEZ Page: 3 Current Date: 03/23/2020 Report: CK_AGENDA_REG_PORTRAIT_CONSOLIDATED - CK: Agenda Check Register Portrait Layout Time: 09:39:52 Page 34 CITY OF RANCHO CUCAMONGA AND RANCHO CUCAMONGA FIRE PROTECTION DISTRICT Excluding So Calif Gas Company. Agenda Check Register 3/9/2020 through 3/22/2020 Check No. Check Date Vendor Name Ca Fire Amount AP 00408317 03/11/2020 MAGELLAN ADVISORS LLC 19,050.00 0.00 19,050.00 AP 00408318 03/11/2020 MANSON, DEREK 210.00 0.00 210.00 AP 00408319 03/11/2020 MARIPOSA LANDSCAPES INC 136,773.42 2,428.71 139,202.13 *** AP 00408320 03/11/2020 MCMASTER-CARR SUPPLY COMPANY 201.66 0.00 201.66 AP 00408323 03/11/2020 MIDWEST TAPE 5,015.32 0.00 5,015.32 AP 00408324 03/11/2020 MIJAC ALARM COMPANY 506.00 0.00 506.00 AP 00408325 03/11/2020 MOUNTAIN VIEW GLASS AND MIRROR INC 2,235.60 0.00 2,235.60 AP 00408326 03/11/2020 MOUNTAIN VIEW SMALL ENG REPAIR 473.75 0.00 473.75 AP 00408327 03/11/2020 MUSIC STAR 259.20 0.00 259.20 AP 00408328 03/11/2020 NAPA AUTO PARTS 93.13 0.00 93.13 AP 00408329 03/11/2020 NEXTECH SYSTEMS INC 14,994.15 0.00 14,994.15 AP 00408330 03/11/2020 NPI PRODUCTION SERVICES INC 26,800.00 0.00 26,800.00 AP 00408331 03/11/2020 ONTARIO ICE SKATING CENTER 2,619.40 0.00 2,619.40 AP 00408332 03/11/2020 ONTARIO WINNELSON CO 0.00 544.01 544.01 AP 00408333 03/11/2020 ONTRAC 55.16 0.00 55.16 AP 00408334 03/11/2020 ORKIN PEST CONTROL 733.02 663.69 1,396.71 *** AP 00408335 03/11/2020 PACIFIC WESTERN BANK 12,106.12 28,247.62 40,353.74 *** AP 00408336 03/11/2020 PARIS, ZENAIDA 500.00 0.00 500.00 AP 00408337 03/11/2020 PHARMAPACK NORTH AMERICA 75.94 0.00 75.94 AP 00408338 03/11/2020 PIP PRINTING 306.55 0.00 306.55 AP 00408339 03/11/2020 PORAC 192.00 0.00 192.00 AP 00408340 03/11/2020 PORRAZ, NICOLE 7.50 0.00 7.50 AP 00408341 03/11/2020 PRE -PAID LEGAL SERVICES INC 60.17 0.00 60.17 AP 00408342 03/11/2020 PRO SPRAY INC 430.90 0.00 430.90 AP 00408343 03/11/2020 R AND R AUTOMOTIVE 560.34 0.00 560.34 AP 00408344 03/11/2020 RADIUS GLOBAL SOLUTIONS 558.44 0.00 558.44 AP 00408345 03/11/2020 RANCHO CUCAMONGA CHAMBER OF COMMERCE 1,386.50 0.00 1,386.50 AP 00408346 03/11/2020 RC CONSTRUCTION SERVICES INC 230,016.32 536,704.71 766,721.03 *** AP 00408347 03/11/2020 RDO EQUIPMENT COMPANY 92.49 0.00 92.49 AP 00408348 03/11/2020 READ THE BOOKS LLC 1,070.00 0.00 1,070.00 AP 00408349 03/11/2020 RICHARDS WATSON AND GERSHON 36,175.78 0.00 36,175.78 AP 00408350 03/11/2020 SAN BERNARDINO COUNTY SHERIFFS DEPT 620.00 0.00 620.00 AP 00408351 03/11/2020 SBPEA 2,576.96 0.00 2,576.96 AP 00408352 03/11/2020 SC FUELS 27,670.73 0.00 27,670.73 AP 00408353 03/11/2020 SHAW, LESLIE 48.00 0.00 48.00 AP 00408354 03/11/2020 SHEAKLEY PENSION ADMINISTRATION 526.65 0.00 526.65 AP 00408355 03/11/2020 SHERIFFS COURT SERVICES 100.00 0.00 100.00 AP 00408356 03/11/2020 SHOETERIA 329.69 0.00 329.69 AP 00408357 03/11/2020 SHRED PROS 58.00 0.00 58.00 AP 00408358 03/11/2020 SIDEPATH INC 14,625.00 0.00 14,625.00 AP 00408359 03/11/2020 SIGN SHOP, THE 0.00 26.94 26.94 AP 00408366 03/11/2020 SOUTHERN CALIFORNIA EDISON 10,294.60 1,699.66 11,994.26 *** AP 00408367 03/11/2020 SOUTHERN CALIFORNIA EDISON 33,005.30 0.00 33,005.30 AP 00408368 03/11/2020 SOUTHERN CALIFORNIA EDISON 187.82 0.00 187.82 AP 00408369 03/11/2020 SPORTBALL 5,877.80 0.00 5,877.80 AP 00408370 03/11/2020 STEPPIN OUT BALLROOM 117.60 0.00 117.60 AP 00408371 03/11/2020 STOTZ EQUIPMENT 22.06 0.00 22.06 User: VLOPEZ - VERONICA LOPEZ Page: 4 Current Date: 03/23/2020 Report: CK_AGENDA_REG_PORTRAIT_CONSOLIDATED - CK: Agenda Check Register Portrait Layout Time: 09:39:52 Page 35 CITY OF RANCHO CUCAMONGA AND RANCHO CUCAMONGA FIRE PROTECTION DISTRICT Excluding So Calif Gas Company. Agenda Check Register 3/9/2020 through 3/22/2020 Check No. Check Date Vendor Name Ca Fire Amount AP 00408372 03/11/2020 SUPERION LLC 12,165.00 0.00 12,165.00 AP 00408373 03/11/2020 TETRA TECH INC 16,995.04 0.00 16,995.04 AP 00408374 03/11/2020 TIANA SANCHEZ INTERNATIONAL LLC 150.00 0.00 150.00 AP 00408375 03/11/2020 TIREHUB LLC 2,251.31 0.00 2,251.31 AP 00408376 03/11/2020 TORO TOWING 250.00 0.00 250.00 AP 00408377 03/11/2020 TOT LOT PROS INC 98,000.00 0.00 98,000.00 AP 00408378 03/11/2020 TYSKA, KRISTEN 134.38 0.00 134.38 AP 00408379 03/11/2020 U.S. BANK PARS ACCT #6746022500 22,195.20 0.00 22,195.20 AP 00408380 03/11/2020 UNDERGROUND SVC ALERT OF SO CAL 214.60 0.00 214.60 AP 00408381 03/11/2020 UNITED WAY 60.00 0.00 60.00 AP 00408382 03/11/2020 UNIVERSAL FLEET SUPPLY 0.00 228.07 228.07 AP 00408383 03/11/2020 UPS 80.85 0.00 80.85 AP 00408384 03/11/2020 URBAN3 15,660.68 0.00 15,660.68 AP 00408385 03/11/2020 UTILIQUEST 4,224.96 0.00 4,224.96 AP 00408386 03/11/2020 UTILITY CRANE & EQUIPMENT INC 491.55 0.00 491.55 AP 00408387 03/11/2020 VALLEY POWER SYSTEMS INC 0.00 2,946.15 2,946.15 AP 00408388 03/11/2020 VARGAS AND RAMIREZ SPORTS 2,606.32 0.00 2,606.32 AP 00408389 03/11/2020 VERIZON WIRELESS - LA 5,137.34 0.00 5,137.34 AP 00408390 03/11/2020 VIGILANT SOLUTIONS 140,277.17 0.00 140,277.17 AP 00408391 03/11/2020 VIGILANT SOLUTIONS 168,917.27 0.00 168,917.27 AP 00408392 03/11/2020 VIRTUAL PROJECT MANAGER LLC 500.00 0.00 500.00 AP 00408393 03/11/2020 VULCAN MATERIALS COMPANY 1,149.51 0.00 1,149.51 AP 00408394 03/11/2020 WAXIE SANITARY SUPPLY 2,269.70 724.64 2,994.34 *** AP 00408395 03/11/2020 WESTERN UNIVERSITY OF VET MEDICINE 210.00 0.00 210.00 AP 00408396 03/11/2020 WESTRUX INTERNATIONAL INC 0.00 256.22 256.22 AP 00408397 03/11/2020 WILLDAN ASSOCIATES 0.00 4,200.00 4,200.00 AP 00408398 03/11/2020 WIRZ AND COMPANY 601.25 0.00 601.25 AP 00408399 03/11/2020 WORLD ELITE GYMNASTICS 52.50 0.00 52.50 AP 00408400 03/11/2020 XEROX CORPORATION 1,233.44 0.00 1,233.44 AP 00408401 03/11/2020 XEROX FINANCIAL SERVICES 388.02 0.00 388.02 AP 00408402 03/11/2020 YALE CHASE EQUIPMENT AND SERVICES INC 36,619.56 0.00 36,619.56 AP 00408403 03/11/2020 YORK INDUSTRIES 1,528.50 0.00 1,528.50 AP 00408404 03/12/2020 FEDERAL EXPRESS CORP 688.72 0.00 688.72 AP 00408405 03/18/2020 ADVANCED CHEMICAL TRANSPORT 1,248.50 0.00 1,248.50 AP 00408406 03/18/2020 ADVANCED UTILITY SYSTEMS CORP 11,760.00 0.00 11,760.00 AP 00408407 03/18/2020 ALLSTAR FIRE EQUIPMENT INC 0.00 6,186.58 6,186.58 AP 00408408 03/18/2020 ALPHAGRAPHICS 201.36 0.00 201.36 AP 00408409 03/18/2020 ALTA VISTA MOBILE HOME PARK 397.59 0.00 397.59 AP 00408410 03/18/2020 AUNTIE M CREATIVE CONSULTANTS INC 1,287.31 0.00 1,287.31 AP 00408411 03/18/2020 AUTISM SOCIETY INLAND EMPIRE 500.00 0.00 500.00 AP 00408412 03/18/2020 BCT ENTERTAINMENT 1,050.00 0.00 1,050.00 AP 00408413 03/18/2020 BEDAZZLE MY EVENTS 4,071.00 0.00 4,071.00 AP 00408414 03/18/2020 BOEHRINGER INGELHEIM ANIMAL HEALTH USA INC 247.42 0.00 247.42 AP 00408415 03/18/2020 BOUND TREE MEDICAL LLC 0.00 451.59 451.59 AP 00408420 03/18/2020 C V W D 29,183.88 693.63 29,877.51 *** AP 00408421 03/18/2020 CA LLC - DBA ALTA LAGUNA MHP 500.00 0.00 500.00 AP 00408422 03/18/2020 CAL FIRE/STATE FIRE MARSHAL 0.00 200.00 200.00 User: VLOPEZ - VERONICA LOPEZ Page: 5 Current Date: 03/23/2020 Report: CK_AGENDA_REG_PORTRAIT_CONSOLIDATED - CK: Agenda Check Register Portrait Layout Time: 09:39:52 Page 36 CITY OF RANCHO CUCAMONGA AND RANCHO CUCAMONGA FIRE PROTECTION DISTRICT Excluding So Calif Gas Company. Agenda Check Register 3/9/2020 through 3/22/2020 Check No. Check Date Vendor Name Ca Fire Amount AP 00408423 03/18/2020 CALIFA GROUP 14,216.20 0.00 14,216.20 AP 00408424 03/18/2020 CALIFORNIA DPT OF TAX & FEE ADMINISTRATION 416.44 68.83 485.27 *** AP 00408425 03/18/2020 CALIFORNIA POLICE CHIEFS ASSOC 575.00 0.00 575.00 AP 00408426 03/18/2020 CAMERON -DANIEL PC 3,172.00 0.00 3,172.00 AP 00408427 03/18/2020 CARDENAS, LES 72.00 0.00 72.00 AP 00408428 03/18/2020 CARNESI LLC 3,685.00 0.00 3,685.00 AP 00408429 03/18/2020 CASA VOLANTE MOBILE HOME PARK 700.00 0.00 700.00 AP 00408430 03/18/2020 CHAPARRAL HEIGHTS MOBILE HOME PARK 474.35 0.00 474.35 AP 00408431 03/18/2020 CHEN, YIHUA 80.12 0.00 80.12 AP 00408432 03/18/2020 CHILDSPLAY 400.00 0.00 400.00 AP 00408433 03/18/2020 CINTAS CORPORATION #150 0.00 1,081.26 1,081.26 AP 00408434 03/18/2020 CIVIC SOLUTIONS INC 8,325.00 0.00 8,325.00 AP 00408435 03/18/2020 CLAREMONT COURIER 562.00 0.00 562.00 AP 00408436 03/18/2020 CORELOGIC SOLUTIONS LLC 257.50 0.00 257.50 AP 00408437 03/18/2020 CRIME SCENE STERI-CLEAN LLC 540.00 0.00 540.00 AP 00408438 03/18/2020 CUMMINS SALES AND SERVICE 0.00 9,291.18 9,291.18 AP 00408439 03/18/2020 D & D SERVICES INC. 451.50 0.00 451.50 AP 00408440 03/18/2020 DATAMARS INC 1,462.25 0.00 1,462.25 AP 00408441 03/18/2020 DAVENPORT, JAY 0.00 270.00 270.00 AP 00408442 03/18/2020 DEPARTMENT OF INDUSTRIAL RELATIONS 225.00 0.00 225.00 AP 00408443 03/18/2020 DEPARTMENT OF INDUSTRIAL RELATIONS 225.00 0.00 225.00 AP 00408444 03/18/2020 DEPARTMENT OF INDUSTRIAL RELATIONS 225.00 0.00 225.00 AP 00408445 03/18/2020 DEPARTMENT OF JUSTICE 0.00 49.00 49.00 AP 00408446 03/18/2020 DIRECTV 174.99 0.00 174.99 AP 00408447 03/18/2020 DIRECTV 84.54 0.00 84.54 AP 00408448 03/18/2020 DIRECTV 69.99 0.00 69.99 AP 00408449 03/18/2020 DUNN, ANNE MARIE 57.60 0.00 57.60 AP 00408450 03/18/2020 ED MARTIN DESIGN 259.69 0.00 259.69 AP 00408451 03/18/2020 EVANS, LEILANI 100.00 0.00 100.00 AP 00408452 03/18/2020 FAIRVIEW FORD 3,074.50 0.00 3,074.50 AP 00408453 03/18/2020 FAMILY SERVICE ASSOCIATION 910.00 0.00 910.00 AP 00408454 03/18/2020 FEDERAL EXPRESS CORP 27.39 0.00 27.39 AP 00408455 03/18/2020 FEDERAL EXPRESS CORP 67.90 0.00 67.90 AP 00408456 03/18/2020 FEDERAL EXPRESS CORP 18.85 0.00 18.85 AP 00408457 03/18/2020 FLORIN, JOSEPH 55.99 0.00 55.99 AP 00408458 03/18/2020 FORD OF UPLAND INC 656.87 0.00 656.87 AP 00408459 03/18/2020 FORTIN LAW GROUP 6,640.18 0.00 6,640.18 AP 00408460 03/18/2020 FOUR POINTS BY SHERATON 574.44 0.00 574.44 AP 00408461 03/18/2020 FREEDOM FOREVER LLC 86.98 0.00 86.98 AP 00408462 03/18/2020 FRONTIER COMM 1,508.58 415.33 1,923.91 *** AP 00408463 03/18/2020 G & M BUSINESS INTERIORS 0.00 74.19 74.19 AP 00408464 03/18/2020 GATEWAY PET CEMETERY AND CREMATORY 260.00 0.00 260.00 AP 00408465 03/18/2020 GIORDANO, MARIANNA 168.00 0.00 168.00 AP 00408466 03/18/2020 GMRI INC 5,000.00 0.00 5,000.00 AP 00408467 03/18/2020 GOLDEN OAKS VET HOSPITAL 75.00 0.00 75.00 AP 00408468 03/18/2020 GRAPHICS FACTORY PRINTING INC. 128.49 0.00 128.49 AP 00408469 03/18/2020 GRIFFITHS, VICTORIA MICHELLE 256.38 0.00 256.38 User: VLOPEZ - VERONICA LOPEZ Page: 6 Current Date: 03/23/2020 Report: CK_AGENDA_REG_PORTRAIT_CONSOLIDATED - CK: Agenda Check Register Portrait Layout Time: 09:39:52 Page 37 CITY OF RANCHO CUCAMONGA AND RANCHO CUCAMONGA FIRE PROTECTION DISTRICT Excluding So Calif Gas Company. Agenda Check Register 3/9/2020 through 3/22/2020 Check No. Check Date Vendor Name Ca Fire Amount AP 00408470 03/18/2020 GROVES ON FOOTHILL, THE 200.00 0.00 200.00 AP 00408471 03/18/2020 HANGTIME SPORTS 2,046.00 0.00 2,046.00 AP 00408472 03/18/2020 HEARTSAVERS LLC 88.00 0.00 88.00 AP 00408473 03/18/2020 HENDY, HEIDI 15,000.00 0.00 15,000.00 AP 00408474 03/18/2020 HENRY SCHEIN INC 0.00 172.94 172.94 AP 00408475 03/18/2020 HERITAGE EDUCATION GROUP 793.00 0.00 793.00 AP 00408476 03/18/2020 HI -WAY SAFETY INC 1,168.50 0.00 1,168.50 AP 00408477 03/18/2020 HMC ARCHITECTS 0.00 14,340.91 14,340.91 AP 00408478 03/18/2020 HOMETOWN AMERICA RAMONA VILLA 500.00 0.00 500.00 AP 00408479 03/18/2020 HOUSE OF RUTH INC 1,984.88 0.00 1,984.88 AP 00408480 03/18/2020 HP COMMUNICATIONS INC 4,500.00 0.00 4,500.00 AP 00408481 03/18/2020 HUMANE SOCIETY OF SAN BERNARDINO VALLEY 25.00 0.00 25.00 AP 00408482 03/18/2020 IDEXX DISTRIBUTION INC 2,213.22 0.00 2,213.22 AP 00408483 03/18/2020 INLAND FAIR HOUSING AND MEDIATION BOARD 679.54 0.00 679.54 AP 00408484 03/18/2020 INLAND PRESORT & MAILING SERVICES 302.08 0.00 302.08 AP 00408485 03/18/2020 INLAND VALLEY DANCE ACADEMY 1,221.00 0.00 1,221.00 AP 00408486 03/18/2020 INLAND VALLEY EMERGENCY PET CLINIC 830.50 0.00 830.50 AP 00408487 03/18/2020 INTELESYS 34,190.00 0.00 34,190.00 AP 00408488 03/18/2020 INTERNATIONAL IDENTIFICATION INC 996.48 0.00 996.48 AP 00408489 03/18/2020 INTERNATIONAL LINE BUILDERS INC 33,443.66 0.00 33,443.66 AP 00408490 03/18/2020 INTERVET INC 2,567.25 0.00 2,567.25 AP 00408491 03/18/2020 INYO NETWORKS 6,394.50 0.00 6,394.50 AP 00408492 03/18/2020 JOHN ARMSTRONG CONSTRUCTION INC 5,000.00 0.00 5,000.00 AP 00408493 03/18/2020 KINDRED CORPORATION 1,747.39 0.00 1,747.39 AP 00408494 03/18/2020 KOLIVA REAL ESTATE 1,500.00 0.00 1,500.00 AP 00408495 03/18/2020 LAKEVIEW CONSTRUCTION 10,000.00 0.00 10,000.00 AP 00408496 03/18/2020 LEAL, MICHAEL 0.00 300.00 300.00 AP 00408497 03/18/2020 LEIGHTON CONSULTING INC 0.00 35,246.90 35,246.90 AP 00408498 03/18/2020 LUGO, CHRISTINA 37.00 0.00 37.00 AP 00408499 03/18/2020 MARIPOSA LANDSCAPES INC 1,366.92 0.00 1,366.92 AP 00408500 03/18/2020 MARLINK SA INC 0.00 162.00 162.00 AP 00408501 03/18/2020 MARY MCGRATH ARCHITECTS 0.00 40,593.21 40,593.21 AP 00408502 03/18/2020 MCMASTER-CARR SUPPLY COMPANY 0.00 1,048.58 1,048.58 AP 00408503 03/18/2020 MEDIWASTE DISPOSAL 130.00 0.00 130.00 AP 00408504 03/18/2020 MIDWEST TAPE 693.21 0.00 693.21 AP 00408505 03/18/2020 MILES, BILLIE 170.00 0.00 170.00 AP 00408506 03/18/2020 MOREL, DANNY 46.77 0.00 46.77 AP 00408507 03/18/2020 MUSIC STAR 1,283.40 0.00 1,283.40 AP 00408508 03/18/2020 MUTUAL PROPANE 0.00 26,949.33 26,949.33 AP 00408509 03/18/2020 NAPA AUTO PARTS 0.00 436.66 436.66 AP 00408510 03/18/2020 NATIONAL CHARITY LEAGUE INC 500.00 0.00 500.00 AP 00408511 03/18/2020 NUVI GLOBAL CORP 53.54 0.00 53.54 AP 00408512 03/18/2020 OLBES, ESTRELLITA 28.00 0.00 28.00 AP 00408513 03/18/2020 ONTRAC 4.12 0.00 4.12 AP 00408514 03/18/2020 OPARC 396.00 0.00 396.00 AP 00408515 03/18/2020 OPEN TEXT INC 719.99 0.00 719.99 AP 00408516 03/18/2020 PACIFIC UTILITY INSTALLATION INC 1,075.00 0.00 1,075.00 User: VLOPEZ - VERONICA LOPEZ Page: 7 Current Date: 03/23/2020 Report: CK_AGENDA_REG_PORTRAIT_CONSOLIDATED - CK: Agenda Check Register Portrait Layout Time: 09:39:52 Page 38 CITY OF RANCHO CUCAMONGA AND RANCHO CUCAMONGA FIRE PROTECTION DISTRICT Excluding So Calif Gas Company. Agenda Check Register 3/9/2020 through 3/22/2020 Check No. Check Date Vendor Name Ca Fire Amount AP 00408517 03/18/2020 PACIFIC UTILITY INSTALLATION INC 1,125.00 0.00 1,125.00 AP 00408518 03/18/2020 PACKLER, SUSAN 157.26 0.00 157.26 AP 00408519 03/18/2020 PANROSA ENTERPRISES INC 589.22 0.00 589.22 AP 00408520 03/18/2020 PINES MOBILE HOME PARK, THE 200.00 0.00 200.00 AP 00408521 03/18/2020 PIRTLE WELDING 300.00 0.00 300.00 AP 00408522 03/18/2020 POLLOCK, LARRY 0.00 620.00 620.00 AP 00408523 03/18/2020 QUADIENT INC 370.16 0.00 370.16 AP 00408524 03/18/2020 R AND R AUTOMOTIVE 3,015.01 0.00 3,015.01 AP 00408525 03/18/2020 RAIMI AND ASSOCIATES 20,361.65 0.00 20,361.65 AP 00408526 03/18/2020 REGANYAN, ERIKA 63.67 0.00 63.67 AP 00408527 03/18/2020 RHAPSODY EDUCATION 448.60 0.00 448.60 AP 00408528 03/18/2020 RICHARDS WATSON AND GERSHON 32,968.25 8,313.30 41,281.55 *** AP 00408529 03/18/2020 ROCK MILLER P.E. 1,641.80 0.00 1,641.80 AP 00408530 03/18/2020 ROYBAL GENERAL CONSTRUCTION 500.00 0.00 500.00 AP 00408531 03/18/2020 SAFE -ENTRY TECHNICAL INC 0.00 308.92 308.92 AP 00408532 03/18/2020 SAM'S CLUB/SYNCHRONY BANK 73.93 0.00 73.93 AP 00408533 03/18/2020 SAN BERNARDINO CO AUDITOR CONT 10,302.54 0.00 10,302.54 AP 00408534 03/18/2020 SAN BERNARDINO CTY SHERIFF'S DEPT 0.00 300.00 300.00 AP 00408535 03/18/2020 SCMAF - INLAND EMPIRE 1,200.00 0.00 1,200.00 AP 00408536 03/18/2020 SHAW, LESLIE 198.00 0.00 198.00 AP 00408537 03/18/2020 SHRED PROS 186.00 0.00 186.00 AP 00408538 03/18/2020 SIMPSON, MARJORIE 5,000.00 0.00 5,000.00 AP 00408539 03/18/2020 SMITH, HELEN 150.00 0.00 150.00 AP 00408541 03/18/2020 SOUTHERN CALIFORNIA EDISON 98,514.10 665.87 99,179.97 *** AP 00408542 03/18/2020 SOUTHERN CALIFORNIA EDISON 390.06 0.00 390.06 AP 00408543 03/18/2020 SPECIALTIES INC 1,374.66 0.00 1,374.66 AP 00408544 03/18/2020 SPORTBALL 2,716.20 0.00 2,716.20 AP 00408545 03/18/2020 STERLING COFFEE SERVICE 1,474.24 0.00 1,474.24 AP 00408546 03/18/2020 STRONG, DAVID 500.00 0.00 500.00 AP 00408547 03/18/2020 SUN BADGE CO 386.82 2,521.40 2,908.22 *** AP 00408548 03/18/2020 SYCAMORE VILLA MOBILE HOME PARK 400.00 0.00 400.00 AP 00408549 03/18/2020 TELEFLEX LLC 0.00 1,308.50 1,308.50 AP 00408550 03/18/2020 TERAN, GABRIEL 281.61 0.00 281.61 AP 00408551 03/18/2020 TONG, CHENG CHENG 79.59 0.00 79.59 AP 00408552 03/18/2020 TRI POINTE HOMES 14,372.00 0.00 14,372.00 AP 00408553 03/18/2020 TRI -CITY BUILDERS INC 5,000.00 0.00 5,000.00 AP 00408554 03/18/2020 TRIMARK PACIFIC HOMES 2,500.00 0.00 2,500.00 AP 00408555 03/18/2020 TROESH, JOSHUA ESCALANTE 36.00 0.00 36.00 AP 00408556 03/18/2020 U.S. BANK PARS ACCT #6746022500 1,100.20 0.00 1,100.20 AP 00408557 03/18/2020 UNITED FIRE & SAFETY CO 966.77 0.00 966.77 AP 00408558 03/18/2020 VARGAS AND RAMIREZ SPORTS 191.58 0.00 191.58 AP 00408559 03/18/2020 VERIZON 30.22 0.00 30.22 AP 00408560 03/18/2020 VERIZON 32.98 0.00 32.98 AP 00408561 03/18/2020 VERIZON 32.71 0.00 32.71 AP 00408562 03/18/2020 VERIZON WIRELESS - LA 101.95 0.00 101.95 AP 00408563 03/18/2020 VERIZON WIRELESS - LA 81.91 0.00 81.91 AP 00408564 03/18/2020 VICTOR MEDICAL COMPANY 47.25 0.00 47.25 User: VLOPEZ - VERONICA LOPEZ Page: 8 Current Date: 03/23/2020 Report: CK_AGENDA_REG_PORTRAIT_CONSOLIDATED - CK: Agenda Check Register Portrait Layout Time: 09:39:52 Page 39 CITY OF RANCHO CUCAMONGA AND RANCHO CUCAMONGA FIRE PROTECTION DISTRICT Excluding So Calif Gas Company. Agenda Check Register 3/9/2020 through 3/22/2020 Check No. Check Date Vendor Name Ca Fire Amount AP 00408565 03/18/2020 VOHNE LICHE KENNELS INC 125.00 0.00 125.00 AP 00408566 03/18/2020 WALTERS WHOLESALE ELECTRIC CO 75.88 0.00 75.88 AP 00408567 03/18/2020 WAXIE SANITARY SUPPLY 308.10 172.12 480.22 *** AP 00408568 03/18/2020 WEIR, THOMAS 15.00 0.00 15.00 AP 00408569 03/18/2020 WESTERN UNIVERSITY OF VET MEDICINE 1,900.00 0.00 1,900.00 AP 00408570 03/18/2020 WINZER CORPORATION 0.00 220.49 220.49 AP 00408571 03/18/2020 XIE, LUXI 100.00 0.00 100.00 Total City: $6,240,237.38 Total Fire: $844,757.40 Grand Total: . Note: *** Check Number includes both City and Fire District expenditures User: VLOPEZ - VERONICA LOPEZ Page: 9 Current Date: 03/23/2020 Report: CK_AGENDA_REG_PORTRAIT_CONSOLIDATED - CK: Agenda Check Register Portrait Layout Time: 09:39:52 Page 40 CITY OF RANCHO CUCAMONGA AND RANCHO CUCAMONGA FIRE PROTECTION DISTRICT Electronic Debit Register February 1, 2020 to February 29, 2020 DATE DESCRIPTION CITY FIRE AMOUNT 2/3 Workers Comp - Fire Account Transfer - 148.84 148.84 2/4 Bank Fee 76.60 - 76.60 2/4 CALPERS - City - Retirement Account Deposit 690.51 - 690.51 2/4 U.S. BANK - Purchasing Card Payment 36,828.27 15,015.00 51,843.27 2/4 U.S. BANK - Corporate Card Payment 60,756.67 15,313.66 76,070.33 2/4 U.S. BANK - Costco Card Payment 286.17 - 286.17 2/4 WIRE PAYMENT - RCMU CAISO 7,628.55 7,628.55 2/4 Workers Comp - City Account Transfer 24.00 - 24.00 2/4 Workers Comp - Fire Account Transfer - 13.47 13.47 2/5 Workers Comp - City Account Transfer 440.26 - 440.26 2/5 Workers Comp - Fire Account Transfer - 3,763.62 3,763.62 2/6 Workers Comp - Fire Account Transfer - 1,219.34 1,219.34 2/7 Workers Comp - City Account Transfer 30.31 - 30.31 2/7 Workers Comp - Fire Account Transfer - 4,988.63 4,988.63 2/10 Workers Comp- City Account Transfer 1,092.00 - 1,092.00 2/10 Workers Comp - Fire Account Transfer - 1,043.26 1,043.26 2/11 WIRE PAYMENT - RCMU CAISO 70,932.59 - 70,932.59 2/11 Workers Comp - Fire Account Transfer - 40.00 40.00 2/12 STATE DISBURSEMENT UNIT - Child Support Payments - 4,863.69 4,863.69 2/12 STATE DISBURSEMENT UNIT - Child Support Payments 1,639.07 - 1,639.07 2/12 Workers Comp - City Account Transfer 145.56 - 145.56 2/12 Workers Comp - Fire Account Transfer - 580.00 580.00 2/13 CALPERS - City - Retirement Account Deposit 287.08 - 287.08 2/13 CALPERS - City - Retirement Account Deposit 58,209.23 58,209.23 2/13 CALPERS - City - Retirement Account Deposit 114,724.19 114,724.19 2/13 WIRE TRANSFER - To Wells Fargo/Corporate Trust 1,050,217.41 1,050,217.41 2/13 Workers Comp- City Account Transfer 1,799.42 - 1,799.42 2/13 Workers Comp - Fire Account Transfer - 4,091.71 4,091.71 2/14 CALPERS - Fire - Retirement Account Deposit 2,628.34 2,628.34 2/14 CALPERS - Fire - Retirement Account Deposit 3,173.97 3,173.97 2/14 CALPERS - Fire - Retirement Account Deposit 4,881.41 4,881.41 2/14 CALPERS - Fire - Retirement Account Deposit 9,336.07 9,336.07 2/14 CALPERS - Fire - Retirement Account Deposit 22,796.06 22,796.06 2/14 CALPERS - Fire - Retirement Account Deposit - 107,777.22 107,777.22 2/14 WIRE TRANSFER - To MUFG - Union Bank -Debt Service 4,149.37 - 4,149.37 2/14 WIRE TRANSFER - To MUFG - Union Bank -Debt Service 9,711.86 9,711.86 2/14 WIRE TRANSFER - To MUFG - Union Bank -Debt Service 37,215.48 37,215.48 2/14 WIRE TRANSFER - To MUFG - Union Bank -Debt Service 39,885.68 39,885.68 2/14 WIRE TRANSFER - To MUFG - Union Bank -Debt Service 62,526.49 62,526.49 2/14 WIRE TRANSFER - To MUFG - Union Bank -Debt Service 100,331.73 100,331.73 2/14 Workers Comp - City Account Transfer 253.82 - 253.82 2/14 Workers Comp - Fire Account Transfer - 258.24 258.24 2/18 Workers Comp - City Account Transfer 1,502.95 - 1,502.95 2/18 Workers Comp - Fire Account Transfer - 580.00 580.00 2/19 Workers Comp - City Account Transfer 1,854.58 - 1,854.58 2/19 Workers Comp - Fire Account Transfer - 887.00 887.00 2/20 Workers Comp - City Account Transfer 129.22 - 129.22 2/20 Workers Comp - Fire Account Transfer - 264.57 264.57 2/21 Workers Comp - City Account Transfer 3,353.85 - 3,353.85 2/21 Workers Comp - Fire Account Transfer - 628.72 628.72 2/24 CALPERS - City - Retirement Account Deposit 57,941.07 - 57,941.07 2/24 CALPERS - City - Retirement Account Deposit 114,707.33 114,707.33 2/24 Workers Comp - City Account Transfer 500.00 500.00 2/25 WIRE PAYMENT - RCMU CAISO 3,130.09 3,130.09 2/25 Workers Comp - City Account Transfer 12.00 12.00 2/26 STATE DISBURSEMENT UNIT - Child Support Payments 1,639.07 1,639.07 1 Page 41 CITY OF RANCHO CUCAMONGA AND RANCHO CUCAMONGA FIRE PROTECTION DISTRICT Electronic Debit Register February 1, 2020 to February 29, 2020 DATE DESCRIPTION CITY FIRE AMOUNT 2/26 STATE DISBURSEMENT UNIT - Child Support Payments - 5,060.65 5,060.65 2/26 Workers Comp - City Account Transfer 4,200.14 - 4,200.14 2/26 Workers Comp - Fire Account Transfer - 864.20 864.20 2/27 CALPERS - Fire - Retirement Account Deposit - 186,559.43 186,559.43 2/27 CALPERS - City - Retirement Account Deposit 2,250.00 - 2,250.00 2/27 CALPERS - Fire - Retirement Account Deposit - 2,598.34 2,598.34 2/27 CALPERS - Fire - Retirement Account Deposit 3,091.69 3,091.69 2/27 CALPERS - Fire - Retirement Account Deposit 4,844.89 4,844.89 2/27 CALPERS - Fire - Retirement Account Deposit 9,336.07 9,336.07 2/27 CALPERS - Fire - Retirement Account Deposit 22,152.04 22,152.04 2/27 CALPERS - Fire - Retirement Account Deposit - 107,777.22 107,777.22 2/27 Workers Comp - City Account Transfer 872.80 - 872.80 2/27 Workers Comp - Fire Account Transfer - 2,689.53 2,689.53 2/28 Workers Comp - City Account Transfer 80.82 - 80.82 2/28 Workers Comp - Fire Account Transfer - 709.82 709.82 TOTAL CITY 1,852,056.24 TOTAL FIRE 549,976.70 GRAND TOTAL 2,402,032.94 2 Page 42 DATE: April 1, 2020 TO: Mayor and Members of the City Council FROM: John R. Gillison, City Manager INITIATED BY: Lori Sassoon, Deputy City Manager/Administrative Services SUBJECT: CONSIDERATION OF REAPPOINTMENT OF TWO COMMITTEE MEMBERS TO THE COMMUNITY PARKS AND LANDSCAPE CITIZENS' OVERSIGHT COMMITTEE. RECOMMENDATION: It is recommended that the City Council approve and reappoint Velma Gilbert and Theresa Marji to the Community Parks and Landscape Citizens' Oversight Committee. BACKGROUND: Established by Resolution 19-075, the Community Parks and Landscape Citizens' Oversight Committee (the "Committee") is made up of members of the public that reside, and own property, within specified landscape and lighting assessment districts, and do not serve on any other standing City Commission or Committee. This Committee was the combination of the dissolved Planned Communities and West -Side Districts Citizens' Oversight Committees, and existing members from the former committees were appointed to the Committee and were to complete their existing terms. Terms have expired for three Committee Members: Pete Peterson in February 2020, and Velma Gilbert and Theresa Marji in March 2020. Per the Resolution, the appointment of the Committee Members is performed by soliciting applications from members of the public for review, interview, and recommendation to the City Council by a Council subcommittee. ANALYSIS: In February 2020, the City Clerk advertised a Notice of Vacancy for the Committee. The City Clerk received requests from Velma Gilbert and Theresa Marji with their desire to continue serving on the Committee. There were no new applicants who responded to the solicitation, and, prior to the solicitation, Pete Peterson declined to continue serving on the Committee. As there were no new applicants, and two existing Committee Members have expressed their desire to continue serving, it is recommended that the City Council reappoint Velma Gilbert and Theresa Marji to the Committee. While the resolution calls for consideration by a City Council subcommittee, given the current COVID-19 situation and the lack of other applicants, the subcommittee process was not used in this case. If reappointed to the Committee, Velma Gilbert and Theresa Marji would each serve a four-year term. FISCAL IMPACT: There is no fiscal impact. Page 43 COUNCIL GOAL(S) ADDRESSED: This item addresses the City Council's goal to undertake projects to enhance the City's position as the premier community in our region. This item also addresses the City Council's goal to ensure the fiscal sustainability of the City's special districts. Page 44 DATE: April 1, 2020 TO: Mayor and Members of the City Council FROM: John R. Gillison, City Manager INITIATED BY: Linda A. Troyan, City Clerk Services Director SUBJECT: CONSIDERATION OF A PROFESSIONAL SERVICES AGREEMENT WITH PRIMEGOV SOLUTIONS, LLC, FOR AN AGENDA MEETING MANAGEMENT SYSTEM, IN AN AMOUNT NOT TO EXCEED $20,000 FOR THE REMAINDER OF FISCAL YEAR 2019/2020 AND A TOTAL CONTRACT AMOUNT NOT TO EXCEED $110,000. RECOMMENDATION: Staff recommends the City Council authorize the execution of a three (3) year contract for annual subscription services for an Agenda Meeting Management System, with PrimeGov, effective March 19, 2020, with an option to extend two additional one-year terms, in an amount not to exceed $20,000 for the remainder of Fiscal Year 2019/2020 and a total contract amount not to exceed $110,000 and approve an additional one time appropriation from the Fire District's Capital Reserve Fund. BACKGROUND: The use of technology to streamline functions in the City Clerk/Records Department and to allow City Council meeting information to be more readily accessible to the public continues to be an important goal of the Department. An agenda management system offers several automated features, reduces meeting preparation and follow up time, produces consistent reports, agendas, and minutes from staff, streamlines workflows and approval process, and provides staff and citizens immediate access to all agendas, and related documents. The City's current agenda management system, Novus Solutions, merged with Granicus in August 2018 shortly after we entered into an agreement, is challenging to use, and does not meet our quality of service level. ANALYSIS: In an effort to reduce staff time and improve the workflow process, the City Clerk/Records Department drafted a scope of services to perform agenda meeting management services, and the Procurement Division issued a formal Request for Proposal. An Evaluation Committee consisting of staff from various departments that prepare agenda documents conducted a thorough analysis of the bid responses and scored and ranked the responsive proposals. PrimeGov was determined to be the most responsive contractor providing the best value while meeting the scope of services the specifications required. PrimeGov would replace the existing electronic agenda system by providing an integrated, configurable, cloud -hosted, automated and user-friendly legislative management system that includes Page 45 an electronic agenda management workflow system with approval processes, and minutes automation. This solution will enhance coordination across City Departments and expand access to the public through greater transparency and streamlined methods of information delivery. It also integrates with our electronic document imaging system, Laserfiche, which would help with document storage, retrieval, and management. The primary use of this system will be for the City Council and the Historic Preservation/Planning Commission and in the future include other City Boards and Committees. We anticipate going live with the new agenda management system by mid -summer. Professional Service Agreement on file with the City Clerk's office. FISCAL IMPACT: For Fiscal Year 19/20, funding for the project will partially come from savings in the Records Management Division's contract services account. The remaining funding is being requested through an additional appropriation from the Fire District's Capital Reserve Fund in the amount of $10,000 from Account 3281501-5300. Staff is requesting the City Council's authorization for this additional appropriation. Future project expenditures will be budgeted accordingly. COUNCIL GOAL(S) ADDRESSED: This item addresses the City Council's goal of Enhancing Premier Community Status. ATTACHMENTS: Description Agreement Page 46 CITY OF RANCHO CUCAMONGA MASTER AGREEMENT SOFTWARE AS A SERVICE This agreement ("Agreement") is entered into and is effective as of 1St day of April, 2020 ("Effective Date"), by and between the City of Rancho Cucamonga located at Rancho Cucamonga, California ("City") and Prime Government Solutions, LLC. a software as a service vendor ("Service Provider"). RECITALS WHEREAS, City requires an agenda management solution ("Services"), as further described herein, with respect to certain of its information technology needs; WHEREAS, City requested a proposal from Service Provider for such services; WHEREAS, Service Provider has experience and expertise in the business of providing the required services; WHEREAS, Service Provider submitted a proposal to City to perform such services on behalf of City; WHEREAS, based on Service Provider's superior knowledge and experience relating to the required services, City has selected Service Provider to provide and manage the services; WHEREAS, Service Provider wishes to perform the required services and acknowledges that the successful performance of the services and the security and availability of City's data are critical to the operation of City's business; and, WHEREAS, Service Provider has agreed to provide the required services to City, all on the terms and conditions set forth herein. NOW, THEREFORE, in consideration of the mutual covenants and representations set forth in this Agreement, the parties hereby agree as follows: 1. The Services. This Agreement sets forth the terms and conditions under which Service Provider agrees to license to City certain hosted software and provide all other services necessary for productive use of such software including customization / integration, user identification and password change management, data import / export, monitoring, technical support, maintenance, offsite or onsite training, backup and recovery, and change management (collectively, the "Services") as further set forth in Exhibit "A" attached hereto. 1.1 Authorized Users. Unless otherwise limited herein, Service Provider grants City a renewable, irrevocable, nonexclusive, royalty -free, and worldwide right and license for any City employee, contractor, or agent, or any other individual or entity authorized by City, (each, an "Authorized User") to access and use the Services. Other than any limitations otherwise described herein, Authorized Users will have no other limitations on their access to or use of the Services. 1.2 Acknowledgement of License Grant. For the purposes of 11 U.S.C. § 365(n), the parties acknowledge and agree that this Agreement constitutes a grant of license to use intellectual property in software form, to City by Service Provider. 1.3 Control and Location of Services. The method and means of providing the Services shall be under the exclusive control, management, and supervision of Service Provider, giving due consideration to the requests of City. Cloud based storage shall not be utilized without the City's prior, written consent. Any and all permitted cloud storage shall be in compliance with ISO/IEC 27001 - 27018, as applicable, or successor standards thereto. Except as otherwise Page 47 expressly set forth in Exhibit A, the Services (including all data storage), shall be provided solely from within the continental United States and on computing and data storage devices residing therein, and all such locations shall be disclosed to City annually and within thirty (30) days of the effective date of this Agreement. 1.3.1 Subcontractors. Service Provider shall not enter into any subcontracts for the performance of the Services, or assign or transfer any of its rights or obligations under this Agreement, without City's prior written consent and any attempt to do so shall be void and without further effect and shall be a material breach of this Agreement. Service Provider's use of subcontractors shall not relieve Service Provider of any of its duties or obligations under this Agreement. 1.3.2 Offensive or Disparaging Content. Where the Services or any web services affiliated with the Services contain offensive content or portray City in a disparaging way, either as solely determined by City, Service Provider shall immediately remove the offensive or disparaging content and City shall have the right, at City's sole election, to: (a) immediately terminate this Agreement or any portion thereof corresponding to the offending or disparaging content, and be entitled to a return of any prepaid fees, as liquidated damages and not as a penalty; or, (b) obtain or retain, as the case may be, all fees paid or payable for the entire period of the then -current term, as liquidated damages and not as a penalty, associated with that portion of this Agreement corresponding to the offending or disparaging content. 1.4 Storage. The Services shall include the applicable allocation of base data storage as described in Exhibit A 1.5 Documentation. The documentation for the Services ("Documentation") will accurately and completely describe the functions and features of the Services, including all subsequent revisions thereto. The Documentation shall be understandable by a typical end user and shall provide Authorized Users with sufficient instruction such that an Authorized User can become self-reliant with respect to access and use of the Services. City shall have the right to make any number of additional copies of the Documentation at no additional charge. 1.6 Changes in Functionality. During the term of this Agreement, Service Provider may update functionality or make modifications to the user interface from time to time. The Service Provider will use commercially reasonable efforts to provide continuity of functionality that is either changed or deprecated. Where Service Provider has introduced like functionality in other services, City shall have an additional license and subscription right to use and access the new services, at no additional charge, with the same rights, obligations, and limitations as for the Services. Where Service Provider increases functionality in the Services, such functionality shall be provided to City without any increase in the Services Fees. 1.7 No Effect of Click -Through Terms and Conditions. Where an Authorized User is required to "click through" or otherwise accept or made subject to any online terms and conditions in accessing or using the Services, such terms and conditions are not binding and shall have no force or effect as to the Services or this Agreement. 1.8 Compliance with All Laws. In providing the Services, the Service Provider shall comply with any and all applicable local, State and federal laws, statutes, standards, policies, and regulations including, but not limited to, the Health Insurance Portability and Accountability Act of 1996, the Americans with Disabilities Act, the Stored Communications Act, Civil Code Sections 1798.80 through 1798.84, and the California Consumer Privacy Act, Civil Code Section 1798.100, et seq. 2. Term of Agreement Term of Agreement. The term of this Agreement shall be three year(s) and shall become effective as of the date of the mutual execution by way of both parties signature (the "Effective Date"). No work shall be conducted; service or goods will not be provided until this Agreement has been executed and requirements have been fulfilled. Page 48 Parties to this Agreement shall have the option to renew in one year(s) increments to a total of two years, unless sooner terminated as provided in Section 14 herein. Options to renew are contingent upon the City Manager's approval, subject to pricing review, and in accordance to all Terms and Conditions stated herein unless otherwise provided in writing by the City. 3. Compensation Compensation. City shall compensate Consultant as set forth in Exhibit A, at the provided rate of $19,000 per year, however, that full, total and complete amount payable to Consultant shall not exceed $62,700.00 (Sixty two thousand and seven hundred dollars), including all out of pocket expenses over the term of the agreement, unless additional compensation is approved by the City Manager or City Council. City shall not withhold any federal, state or other taxes, or other deductions. The parties further agree that compensation may be adjusted in accordance with Section 1.2 to reflect subsequent changes to the Scope of Services. City shall compensate Consultant for any authorized extra services as set forth in Exhibit A. 4. Method of Payment. 4.1 Invoices. Consultant shall submit to City annual invoices for the Services performed pursuant to this Agreement. The invoices shall describe in detail the Services rendered during the period and shall separately describe any authorized extra services. Any invoice claiming compensation for extra services shall include appropriate documentation of prior authorization of such services. All invoices shall be remitted to the City of Rancho Cucamonga, California. 4.2 City shall review such invoices and notify Consultant in writing within ten (10) business days of any disputed amounts. 4.3 City shall pay all undisputed portions of the invoice within thirty (30) calendar days after receipt of the invoice up to the not -to -exceed amounts set forth in Section 3. 4.4 All records, invoices, time cards, cost control sheets and other records maintained by Consultant relating to services hereunder shall be available for review and audit by the City. 5. Representatives. 5.1 City Representative. For the purposes of this Agreement, the contract administrator and City's representative shall be Linda A. Troyan, City Clerk Services Director, or such other person as designated in writing by the City ("City Representative"). It shall be Consultant's responsibility to assure that the City Representative is kept informed of the progress of the performance of the services, and Consultant shall refer any decisions that must be made by City to the City Representative. Unless otherwise specified herein, any approval of City required hereunder shall mean the approval of the City Representative. 5.2 Consultant Representative. For the purposes of this Agreement, Sherif Agib, Prime Government Solutions is hereby designated as the principal and representative of Consultant authorized to act in its behalf with respect to the services specified herein and make all decisions in connection therewith ("Consultant's Representative"). It is expressly understood that the experience, knowledge, capability and reputation of the Consultant's Representative were a substantial inducement for City to enter into this Agreement. Therefore, the Consultant's Representative shall be responsible during the term of this Agreement for directing all activities of Consultant and devoting sufficient time to personally supervise the services hereunder. Consultant may not change the Responsible Principal without the prior written approval of City. 6. Service Levels. 6.1 Service Levels; Time is of the Essence. For the term of this Agreement, Service Provider shall provide the Services, force majeure events excepted, during the applicable Service Periods Page 49 and in accordance with the applicable Service Level Standards, each as described in Exhibit A hereto. Time is of the essence in the performance of the Services. 6.2 Failure to Meet Service Level Standards. In the event Service Provider does not meet a Service Level Standard, Service Provider shall: (a) owe to City any applicable Performance Credit, as liquidated damages and not as a penalty; and, (b) use its best efforts to ensure that any unmet Service Level Standard is subsequently met. Notwithstanding the foregoing, Service Provider will use its best efforts to minimize the impact or duration of any outage, interruption, or degradation of Service. In no case shall City be required to notify Service Provider that a Performance Credit is due as a condition of payment of the same. 6.2.1 Termination for Material and Repeated Failures. City shall have, in addition to any other rights and remedies under this Agreement or at law, the right to immediately terminate this Agreement, and be entitled to a return of any prepaid fees where Service Provider fails to meet any Service Level Standard: (a) to such an extent that the City's ability, within the terms of this agreement, to use the Services is materially disrupted, force majeure events excepted; or, (b) for four (4) months out of any twelve (12) month period. 6.3 Audit of Service Levels. No more than quarterly, City or City's agent shall have the right to audit Service Provider's books, records, and measurement and auditing tools to verify Service Level Standard achievement and to determine correct payment of any Performance Credit. Where it is determined that any Performance Credit was due to City but not paid, Service Provider shall immediately owe to City the applicable Performance Credit. 7. Support; Maintenance; Additional Services. 7.1 Technical Support. Service Provider shall provide the Technical Support as described in Exhibit A. The Services Fees shall be inclusive of the fees for all Technical Support. 7.2 Maintenance. Service Provider shall provide bug fixes, corrections, modifications, enhancements, upgrades, and new releases to the Services to ensure: (a) the functionality of the Services, as described in the Documentation, is available to Authorized Users; (b) the functionality of the Services in accordance with the representations and warranties set forth herein, including but not limited to, the Services conforming in all material respects to the specifications, functions, descriptions, standards, and criteria set forth in Exhibit A and the Documentation; (c) the Service Level Standards can be achieved; and, (d) the Services work with the then -current version and the three prior versions of, Edge, Mozilla Firefox, and Google Chrome Internet browsers. The Services Fees shall be inclusive of the fees for maintenance. 7.2.1 Required Notice of Maintenance. Unless as otherwise agreed to by City on a case-by-case basis, Service Provider shall provide no less than ten (10) business day's prior written notice to City of all non -emergency maintenance to be performed on the Services, such written notice including a detailed description of all maintenance to be performed. For emergency maintenance, Service Provider shall provide as much prior notice as commercially practicable to City and shall provide a detailed description of all maintenance performed no greater than one (1) calendar day following the implementation of the emergency maintenance. 7.3 Customization / Integration Services. Service Provider shall provide the Customization / Integration Services, if any, described in Exhibit A. The Services Fees shall be inclusive of the fees for the Customization / Integration Services. 7.4 Training Services. Service Provider shall provide the Training Services, if any, described in Exhibit A. The Services Fees shall be inclusive of the fees for the Training Services. 8. Change Control Procedure. City may, upon written notice, request changes to the scope of the Services under Exhibit A. If City requests an increase in the scope, City shall notify Service Provider, and, not more than five (5) business days (or other agreed upon period) after receiving the request, Service Provider shall notify City whether or not the change has an associated cost impact. If City Page 50 approves, City shall issue a change order, which will be executed by the Service Provider. City shall have the right to decrease the scope, and the associated fees will be reduced accordingly. 9. Termination; Renewals. 9.1 Termination for Convenience. Without limiting the right of a party to terminate this Agreement as provided for in this Agreement, a party may terminate this Agreement for convenience upon not less than thirty (30) days prior written notice to the other party. Any termination for convenience would waive City's right to past payments made to the Service Provider. 9.2 Termination for Cause. Without limiting the right of a party to immediately terminate this Agreement for cause as provided for in this Agreement, if either party materially breaches any of its duties or obligations hereunder and such breach is not cured, or the breaching party is not diligently pursuing a cure to the non -breaching party's sole satisfaction, within thirty (30) calendar days after written notice of the breach, the non -breaching party may terminate this Agreement for cause as of a date specified in such notice. 9.3 Payments upon Termination for Convenience. Upon the termination of this Agreement, City shall pay to Service Provider all undisputed amounts due and payable hereunder, if any, and Service Provider shall pay to City all amounts due and payable hereunder, such as Performance Credits and prepaid fees, if any. As compensation for any administrative costs incurred by Service Provider due to City's termination for convenience, and unless otherwise agreed upon by the parties, City shall pay, or Service Provider shall retain the current year's annual service fee. Any remaining prepaid funds shall be refunded to City. 9.4 Return of City Data. Upon the termination of this Agreement, Service Provider shall, within 30 (30) business day following the termination of this Agreement, provide City, without charge and without any conditions or contingencies whatsoever (including but not limited to the payment of any fees due to Service Provider), with a final extract of the City Data in excel or CSV format. Further, Service Provider shall certify to City the destruction of any City Data within the possession or control of Service Provider, in accordance with Section 12.5, but such destruction shall occur only after the City Data has been returned to City. This Section shall survive the termination of this Agreement. 10. Fees; Billing. City shall be responsible for and shall pay to Service Provider the fees as further described in Exhibit A, subject to the terms and conditions contained in this Agreement. Any sum due Service Provider for the Services for which payment is not otherwise specified shall be due and payable thirty (30) business days after receipt by City of an invoice from Service Provider. 10.1 Billinq Procedures. Service Provider shall bill to City the sums due pursuant to Exhibit A by Service Provider's invoice, which shall contain: (a) City's purchase order number, if any, and Service Provider's invoice number; (b) description of Services for which an amount is due; (c) the fees or portion thereof that are due; (d); taxes, if any; (e); any Performance Credits or other credits; and, (f) total amount due. All invoices shall be remitted to the City of Rancho Cucamonga, California. 10.2 City shall review such invoices and notify Consultant in writing within ten (10) business days of any disputed amounts. 10.3 City shall pay all undisputed portions of the invoice within thirty (30) calendar days after receipt of the invoice up to the not -to -exceed amounts set forth in 10.4 Taxes. Service Provider represents and warrants that it is an independent contractor for purposes of federal, state, and local taxes. Service Provider agrees that City is not responsible to collect or withhold any such taxes, including income tax withholding and social security contributions, for Service Provider. Any and all taxes, interest, or penalties, including any federal, state, or local withholding or employment taxes, imposed, assessed, or levied as a result of this Agreement shall be paid or withheld by Service Provider. Page 51 10.5 Credits. Any amounts due to City, such as a Performance Credit if applicable, from Service Provider may be applied by City, at the sole election of City, against any current or future fees due to Service Provider. Any such amounts that are not so applied by City shall be paid to City by Service Provider within thirty (30) calendar days following City's request. This Section shall survive the termination of this Agreement. 10.6 Non-binding Terms. Any terms and conditions included in a Service Provider invoice shall be deemed to be solely for the convenience of the Service Provider, and no such term or condition shall be binding upon the City. 10.7 Auditable Records. Service Provider shall maintain accurate records of all fees billable to, and payments made by, City in a format that will permit audit by City for a period of no less than three (3) years from when a fee was incurred or a payment was made. The foregoing obligation of Service Provider shall survive the termination of this Agreement. For the term of this Agreement, upon City's written request, Service Provider shall provide City with a copy of its annual American Institute of Certified Public Accountants Service Organization Control (SOC) 1 type 2 report and SOC 2 type 2 report (for all Trust Services Principles), or successor form of SOC reports. 10.8 Billing Reviews by Third -Parties. For purposes of determining the competitiveness and appropriateness of fees charged to City by Service Provider, City is entitled to disclose to a third -party this Agreement, and any other data pertaining to fees paid or payable by City to Service Provider. 10.9 No Suspension of Services. Service Provider shall not suspend any part of the Services where: (a) City is reasonably disputing any amount due to Service Provider; or, (b) any unpaid but undisputed amount due to Service Provider is less than ninety (90) business days in arrears. 11. Representations and Warranties. 11.1 Mutual. City and Service Provider each represent and warrant that: 11.1.1 City is a public entity, and Service Provider is a business, duly incorporated or established, validly existing, and in good standing under the laws of its state of incorporation; 11.1.2 it has all requisite corporate power, financial capacity, and authority to execute, deliver, and perform its obligations under this Agreement; 11.1.3 the execution, delivery, and performance of this Agreement has been duly authorized by it and this Agreement constitutes the legal, valid, and binding agreement of it and is enforceable against it in accordance with its terms, except as the enforceability thereof may be limited by bankruptcy, insolvency, reorganizations, moratoriums, and similar laws affecting creditors' rights generally and by general equitable principles; 11.1.4 it shall comply with all applicable federal, state, local, or other laws and regulations applicable to the performance by it of its obligations under this Agreement and shall obtain all applicable permits and licenses required of it in connection with its obligations under this Agreement; and, 11.1.5 there is no outstanding litigation, arbitrated matter or other dispute to which it is a party which, if decided unfavorably to it, would reasonably be expected to have a potential or actual material adverse effect on its ability to fulfill its obligations under this Agreement. 11.2 By Service Provider. Service Provider represents and warrants that: 11.2.1 it is in the business of providing the Services; Page 52 11.2.2 the Services are fit for the ordinary purposes for which they will be used; 11.2.3 it is possessed of superior knowledge with respect to the Services; 11.2.4 it acknowledges that City is relying on its representation of its experience and expert knowledge, and that any substantial misrepresentation may result in damage to City; 11.2.5 it knows the particular purpose for which the Services are required by City; 11.2.6 it is the lawful licensee or owner of the Services (excluding any City Data therein) and has all the necessary rights in the Services to provide the Services to City; 11.2.7 the Services and any other work performed by Service Provider hereunder shall not infringe upon any United States or foreign copyright, patent, trade secret, or other intellectual proprietary right, or misappropriate any trade secret, of any third - party, and that it has neither assigned nor otherwise entered into an agreement by which it purports to assign or transfer any right, title, or interest to any technology or intellectual property right that would conflict with its obligations under this Agreement; 11.2.8 it shall disclose any third -party (which shall, for purposes of this Agreement, be deemed a subcontractor) whose intellectual property is incorporated into the Services or who is necessary for the performance of the Services and it shall maintain in -force written agreements with such third -party, if any, for the term of this Agreement; 11.2.9 it has the expertise to perform the Services in a competent, workmanlike, and professional manner and in accordance with the highest professional standards; 11.2.10 it will use its best efforts, but not less than commercially reasonable efforts, to ensure that no computer viruses, worms, malware, or similar items (collectively, a "Virus") are introduced into City's computing and network environment by the Services, and that, where it transfers a Virus to City through the Services, it shall reimburse City the actual, documented cost incurred by City to remove and/or recover from the Virus, including the costs of persons employed by City to perform such services; 11.2.11 the Services are free of any mechanism which may disable the Services and Service Provider warrants that no loss of City Data will result from such items if present in the Services,- 11.2.12 ervices; 11.2.12 in the case of City's reasonable dispute of any Service Provider invoice, it shall not withhold the performance of Services, including, without limitation, access and use of the Services, Technical Support, Maintenance, and extract of City Data; and, 11.2.13 the Services will conform in all material respects to the specifications, functions, descriptions, standards, and criteria set forth in Exhibit A and the Documentation. 12. City Data. 12.1 Ownership. City's data ("City Data," which shall also be known and treated by Service Provider as Confidential Information) shall include: (a) City's data collected, accessed, used, processed, stored, or generated as the result of the City's use of the Services; and, (b) personally identifiable information ("PII"), if any, collected, used, processed, stored, or generated as the result of the use of the Services, including, without limitation, any information that identifies an individual, such as an individual's social security number or other government -issued identification number, date of birth, address, telephone number, biometric data, mother's maiden name, email address, credit card information, or an individual's name in combination Page 53 with any other of the elements listed herein. Except where subject to a third party's intellectual property rights, all City Data is and shall remain the sole and exclusive property of City and all right, title, and interest in the same belongs to City. This Section shall survive the termination of this Agreement. 12.2 Service Provider Use of City Data. Service Provider is provided a limited license to access City Data for the sole and exclusive purpose of providing the Services, including a license to collect, process, store, generate, and display City Data only to the extent necessary in the providing of the Services. Service Provider shall: (a) keep and maintain City Data in strict confidence, using such degree of care as is appropriate and consistent with its obligations as further described in this Agreement and applicable law to avoid unauthorized access, use, disclosure, or loss; (b) use and disclose City Data solely and exclusively for the purpose of providing the Services, such use and disclosure being in accordance with this Agreement, and applicable law; (c) allow access to City Data only to those employees of Service Provider who are directly involved with and responsible for providing the Services; and, (d) not use, sell, rent, transfer, distribute, or otherwise disclose or make available City Data for Service Provider's own purposes or for the benefit of anyone other than City without City's prior written consent. This Section shall survive the termination of this Agreement. 12.3 Access to, and Extraction of City Data. City shall have full and complete access to, and ability to download, its City Data 24 hours per day, 7 days per week, except during authorized periods of maintenance by Service Provider. Further, Service Provider shall, within thirty (30) business day of City's request, provide City, an extract of the City Data in excel or CSV format. In the event City gives Service Provider written notice of a "litigation hold", then as to all data identified in such notice, Service Provider shall, isolate and preserve all such data pending receipt of further direction from the City. City request may be subject to fee to be determined by the City and Service Provider with factors of Service Provider time and amount of data requested. 12.4 Backup and Recovery of City Data. As a part of the Services, Service Provider is responsible for maintaining a backup of City Data and for an orderly and timely recovery of such data in the event that the Services may be interrupted. Unless otherwise described in Exhibit A, Service Provider shall maintain a contemporaneous backup of City Data that can be recovered within twenty four (24) hours at any point in time. Additionally, Service Provider shall store a backup of City Data in an off-site (but within the continental United States) "hardened" facility no less than daily, maintaining the security of City Data, the security requirements of which are further described herein. Any backups of City Data shall not be considered in calculating storage used by City. 12.5 Loss or Unauthorized Access to Data. In the event of any act, error or omission, negligence, misconduct, or breach that permits any unauthorized access to, or that compromises or is suspected to compromise the security, confidentiality, or integrity of City Data or the physical, technical, administrative, or organizational safeguards put in place by Service Provider that relate to the protection of the security, confidentiality, or integrity of City Data, Service Provider shall, as applicable: (a) notify City as soon as practicable but no later than twenty-four (24) hours of becoming aware of such occurrence; (b) cooperate with City in investigating the occurrence, including making available all relevant records, logs, files, data reporting, and other materials required to comply with applicable law or as otherwise required by City; (c) in the case of PII, at City's sole election, (i) notify the affected individuals who comprise the PH as soon as practicable but no later than is required to comply with applicable law including, but not limited to, the provisions of California Civil Code Section 1798.82, or, in the absence of any legally required notification period, within five (5) calendar days of the occurrence; (d) without limiting City's obligations of indemnification as further described in this Agreement, indemnify, defend, and hold harmless City for any and all Claims (as defined herein), including reasonable attorneys' fees, costs, and expenses incidental thereto, which may be suffered by, accrued against, charged to, or recoverable from City in connection with the occurrence up to the limits of Service Provider's Cyber Liability policy required herein; (e) make reasonable effort in recreating lost City Data in the manner and on the schedule agreed upon by the City and Service Provider without charge to City; and, (g) provide to City a detailed plan within thirty (30) calendar days of the occurrence describing the measures Service Provider will undertake to prevent a future occurrence. Notification to affected individuals, as described above, shall Page 54 comply with applicable law, be written in plain language, and contain, at a minimum: name and contact information of Service Provider's representative; a description of the nature of the loss; a list of the types of data involved; the known or approximate date of the loss; how such loss may affect the affected individual; what steps Service Provider has taken to protect the affected individual; what steps the affected individual can take to protect himself or herself. This Section shall survive the termination of this Agreement. 13. Non -Disclosure of Confidential Information. The parties acknowledge that each party may be exposed to or acquire communication or data of the other party that is confidential, privileged communication not intended to be disclosed to third parties. The provisions of this Section shall survive the termination of this Agreement. 13.1 Meaning of Confidential Information. For the purposes of this Agreement, the term "Confidential Information" shall mean all information and documentation of a party that: (a) has been marked "confidential" or with words of similar meaning, at the time of disclosure by such party; (b) if disclosed orally or not marked "confidential" or with words of similar meaning, was subsequently summarized in writing by the disclosing party and marked "confidential" or with words of similar meaning; and, (c) should reasonably be recognized as confidential information of the disclosing party. The term "Confidential Information" does not include any information or documentation that was: (a) already in the possession of the receiving party without an obligation of confidentiality; (b) developed independently by the receiving party, as demonstrated by the receiving party, without violating the disclosing party's proprietary rights; (c) obtained from a source other than the disclosing party without an obligation of confidentiality; or, (d) publicly available when received, or thereafter became publicly available (other than through any unauthorized disclosure by, through, or on behalf of, the receiving party). For purposes of this Agreement, in all cases and for all matters, City Data shall be deemed to be Confidential Information. 13.2 Obligation of Confidentiality. The parties agree to hold all Confidential Information in strict confidence and not to copy, reproduce, sell, transfer, or otherwise dispose of, give or disclose such Confidential Information to third parties other than employees, agents, or subcontractors of a party who have a need to know in connection with this Agreement or to use such Confidential Information for any purposes whatsoever other than the performance of this Agreement, or as required by law including the California Public Records Act, subpoena, or court order. The parties agree to advise and require their respective employees, agents, and subcontractors of their obligations to keep all Confidential Information confidential. 13.3 Cooperation to Prevent Disclosure of Confidential Information. Each party shall use its best efforts to assist the other party in identifying and preventing any unauthorized use or disclosure of any Confidential Information. Without limiting the foregoing, each party shall advise the other party immediately in the event either party learns or has reason to believe that any person who has had access to Confidential Information has violated or intends to violate the terms of this Agreement and each party will cooperate with the other party in seeking injunctive or other equitable relief against any such person. 13.4 Remedies for Breach of Obligation of Confidentiality. Each party acknowledges that breach of its obligation of confidentiality may give rise to irreparable injury to the other party, which damage may be inadequately compensable in the form of monetary damages. Accordingly, a party may seek and obtain injunctive relief against the breach or threatened breach of the foregoing undertakings, in addition to any other legal remedies which may be available, to include, in the case of City, at the sole election of City, the immediate termination, without liability to City, of this Agreement. 13.5 Surrender of Confidential Information upon Termination. Upon termination or expiration of this Agreement, in whole or in part, each party shall, within thirty (30) calendar days from the date of termination, return to the other party any and all Confidential Information received from the other party, or created or received by a party on behalf of the other party, which is in such party's possession, custody, or control; provided, however, that Service Provider shall return City Data to City following the timeframe and procedure described further in this Agreement. Should Service Provider or City determine that the return of any City Data or non -City Data Page 55 Confidential Information is not feasible, Service Provider shall destroy the data comprising such Confidential Information in compliance with the most current version of NIST standard SP800-88, or other standard acceptable to the City, and shall certify the same in writing within thirty (30) calendar days from the date of termination to the City. 14. Data Privacy and Information Security. 14.1 Undertaking by Service Provider. Without limiting Service Provider's obligation of confidentiality as further described herein, Service Provider shall be responsible for establishing, maintaining, and providing a written description to City of, a data privacy and information security program, including physical, technical, administrative, and organizational safeguards, that is designed to: (a) ensure the security and confidentiality of the City Data; (b) protect against any anticipated threats or hazards to the security or integrity of the City Data; (c) protect against unauthorized disclosure, access to, or use of the City Data; (d) ensure the proper disposal of City Data; and, (e) ensure that all employees, agents, and subcontractors of Service Provider, if any, comply with all of the foregoing. In no case shall the safeguards of Service Provider's data privacy and information security program used to protect City Data be less stringent than the safeguards used by Service Provider for its own data. 14.2 Audit by Service Provider. No less than annually, Service Provider shall conduct a comprehensive independent third -party audit of its data privacy and information security program and provide such audit findings to City. 14.3 Right of Audit by City. Without limiting any other audit rights of City, City shall have the right to review Service Provider's data privacy and information security program prior to the commencement of Services and from time to time during the term of this Agreement. During the providing of the Services, on an ongoing basis with a 30 day notice by the City to the Service Provider. 14.4 Audit Findings. Service Provider shall implement any required safeguards as identified by City or by any audit of Service Provider's data privacy and information security program. 14.5 City's Right to Termination for Deficiencies. City reserves the right, at its sole election, to immediately terminate this Agreement without limitation and without liability if City reasonably determines that Service Provider fails or has failed to meet its obligations under this Section. 15. Proprietary Rights. 15.1 Pre-existing Materials. City acknowledges that, in the course of performing the Services, Service Provider may use software and related processes, instructions, methods, and techniques that have been previously developed by Service Provider (collectively, the "Pre- existing Materials," which shall include the Services) and that the same shall remain the sole and exclusive property of Service Provider, with the exception of materials containing Service Provider trademark, and/or Service Provider brand materials. 15.2 No License. Except as expressly set forth herein, no license is granted by either party to the other with respect to the Confidential Information or Pre-existing Materials. Nothing in this Agreement shall be construed to grant to either party any ownership or other interest, in the Confidential Information or Pre-existing Materials, except as may be provided under a license specifically applicable to such Confidential Information or Pre-existing Materials. 15.3 The provisions of this Section shall survive the termination of this Agreement. 16. Indemnification; Limitation of Liability; Insurance. 16.1 Supplier will defend, indemnify, and hold Customer (and its officers, directors, employees and agents) harmless from and against all costs, liabilities, losses, and expenses (including reasonable legal fees) (collectively, "Losses") arising from any third -party claim, suit, action, or Page 56 proceeding arising from the actual or alleged infringement of any copyright, patent, trademark, or misappropriation of a trade secret by the Service or Supplier Content (other than that due to Customer Data). In case of such a claim, Supplier may, in its discretion, procure a license that will protect Customer against such claim without cost to Customer or replace the Service with a non -infringing Service. THIS CLAUSE 15.1 STATES CUSTOMER'S SOLE AND EXCLUSIVE REMEDIES FOR INFRINGEMENT OR CLAIMS ALLEGING INFRINGEMENT. This indemnity by Supplier shall not apply to the extent that the claim of infringement of Intellectual Property Rights arose as a result of i) any negligent act or omission or willful misconduct of the Customer pursuant to this Agreement; (ii) any misuse or modification of the Service by the Customer, including, but not limited to the Customer's use of the Service in a manner inconsistent with information, directions, specifications, or instructions provided and approved by Supplier; (iii) the Customer's use of the Service in combination or conjunction with any product, service, device, or method not owned, developed, furnished, recommended, or approved by Supplier; (iv) the combination, operation or use of the Service with non -Supplier programs, data, methods or technology if such infringement would have been avoided without the combination, operation or use of the Service with other programs, data, methods or technology, or (v) Customer's breach of any of the provisions of section 7 of this Agreement. 16.2 Customer will defend, indemnify, and hold Supplier (and its officers, directors, employees and agents) harmless from and against all Losses arising out of or in connection with a claim, suit, action, or proceeding by a third party (i) alleging that the Customer Data or other data or information supplied by Customer infringes the intellectual property rights or other rights of a third party or has caused harm to a third party or (ii) arising out of breach of clause 7 above. 16.3 Customer will defend, indemnify, and hold Supplier (and its officers, directors, employees and agents) harmless from any expense or cost arising from any third -party subpoena or compulsory legal order or process that seeks Customer Data and/or other Customer -related information or data, including, without limitation, prompt payment to Supplier of all costs (including legal' fees) incurred by Supplier as a result. In case of such subpoena or compulsory legal order or process, Customer also agrees to pay Supplier for its staff time in responding to such third -party subpoena or compulsory legal order or process at Supplier's then applicable hourly rates. 16.4 In case of any claim that is subject to indemnification under this Agreement, the party that is indemnified ("Indemnitee") will provide the indemnifying party ("Indemnitor") reasonably prompt notice of the relevant claim. Indemnitor will defend and/or settle, at its own expense, any demand, action, or suit on any claim subject to indemnification under this Agreement. Each party will cooperate in good faith with the other to facilitate the defense of any such claim and will tender the defense and settlement of any action or proceeding covered by this clause 15 to the Indemnitor upon request. Claims may be settled without the consent of the Indemnitee, unless the settlement includes an admission of wrongdoing, fault or liability. 17. General. 17.1 Relationship between City and Service Provider. Service Provider represents and warrants that it is an independent contractor with no authority to contract for City or in any way to bind or to commit City to any agreement of any kind or to assume any liabilities of any nature in the name of or on behalf of City. Under no circumstances shall Service Provider, or any of its staff, if any, hold itself out as or be considered an agent employee, joint venture, or partner of City. In recognition of Service Provider's status as an independent contractor, City shall carry no Workers' Compensation insurance or any health or accident insurance to cover Service Provider or Service Provider's agents or staff, if any. City shall not pay any contributions to Social Security, unemployment insurance, federal or state withholding taxes, any other applicable taxes whether federal, state, or local, nor provide any other contributions or benefits which might be expected in an employer-employee relationship. Neither Service Provider nor its staff, if any, shall be eligible for, participate in, or accrue any direct or indirect benefit under any other compensation, benefit, or pension plan of City. Page 57 17.2 Governing Law and Venue. This Agreement shall be governed by and construed in accordance with the laws of the State of California and the federal laws of the United States of America. Service Provider hereby consents and submits to the jurisdiction and forum of the state and federal courts in the County of San Bernardino, State of California, in all questions and controversies arising out of this Agreement. 17.3 Attorneys' Fees and Costs. In any arbitration, litigation, or other proceeding, informal or formal, by which one party either seeks to enforce this Agreement or seeks a declaration of any rights or obligations under this Agreement, the non -prevailing party shall pay the prevailing party's costs and expenses, including but not limited to, reasonable attorneys' fees. 17.4 Compliance with Laws; City Policies and Procedures. Both parties agree to comply with all applicable federal, state, and local laws, executive orders and regulations issued, where applicable. Service Provider shall comply with City policies and procedures where the same are posted, conveyed, or otherwise made available to Service Provider. 17.5 Cooperation. Where agreement, approval, acceptance, consent or similar action by either party hereto is required by any provision of this Agreement, such action shall not be unreasonably delayed or withheld. Each party will cooperate with the other by, among other things, making available, as reasonably requested by the other, management decisions, information, approvals, and acceptances in order that each party may properly accomplish its obligations and responsibilities hereunder. Service Provider will cooperate with any City supplier performing services, and all parties supplying hardware, software, communication services, and other services and products to City, including, without limitation, the Successor Service Provider. Service Provider agrees to cooperate with such suppliers, and shall not commit or permit any act which may interfere with the performance of services by any such supplier. 17.6 Force Majeure; Excused Performance. Neither party shall be liable for delays or any failure to perform the Services or this Agreement due to causes beyond its reasonable control. Such delays include, but are not limited to, fire, explosion, flood or other natural catastrophe, governmental legislation, acts, orders, or regulation, strikes or labor difficulties, or failures in communication lines and routes not under a party's control, to the extent not occasioned by the fault or negligence of the delayed party. Any such excuse for delay shall last only as long as the event remains beyond the reasonable control of the delayed party. However, the delayed party shall use its best efforts to minimize the delays caused by any such event beyond its reasonable control. Where Service Provider fails to use its best efforts to minimize such delays, the delays shall be included in the determination of Service Level achievement. The delayed party must notify the other party promptly upon the occurrence of any such event, or performance by the delayed party will not be considered excused pursuant to this Section, and inform the other party of its plans to resume performance. A force majeure event does not excuse Service Provider from providing Services and fulfilling its responsibilities relating to the requirements of backup and recovery of City Data. In no event shall any of the following constitute a force majeure event: (a) failure, inadequate performance, or unavailability of Service Provider's subcontractors, if any; or, (b) configuration changes, other changes, Viruses, or other errors or omissions introduced, or permitted to be introduced, by Service Provider that result in an outage or inability for City to access or use the Services. Within thirty (30) calendar days following the Effective Date and on an annual basis thereafter until the termination of this Agreement, Service Provider shall provide its then -current business continuity plan ("Business Continuity Plan") to City upon City's request. The Business Continuity Plan shall include: (a) Services and City Data backup and recovery procedures, including procedures and resources for disaster recovery; (b) fail -over procedures; and, (c) how Service Provider will interact with its business continuity suppliers, if any. Service Provider shall test its Business Continuity Plan on an annual basis until the termination of this Agreement and shall provide the test results to City upon City's request. 17.7 Advertising and Publicity. Service Provider shall not refer to City directly or indirectly in any advertisement, news release, or publication, or use any City logo, seal or mark, without prior written approval from City. Page 58 17.8 No Waiver. The failure of either party at any time to require performance by the other party of any provision of this Agreement shall in no way affect that party's right to enforce such provisions, nor shall the waiver by either party of any breach of any provision of this Agreement be taken or held to be a waiver of any further breach of the same provision. 17.9 Notices. Any notice given pursuant to this Agreement shall be in writing and shall be given by personal service or by United States certified mail, return receipt requested, postage prepaid to the addresses appearing at the end of this Agreement, or as changed through written notice to the other party. Notice given by personal service shall be deemed effective on the date it is delivered to the addressee, and notice mailed shall be deemed effective on the third day following its placement in the mail addressed to the addressee. 17.10 Assignment of Agreement. This Agreement and the obligations of Service Provider hereunder are personal to Service Provider. Neither Service Provider nor any successor, receiver, or assignee of Service Provider shall directly or indirectly assign this Agreement or the rights or duties created by this Agreement, whether such assignment is effected in connection with a sale of Service Provider's assets or stock or through merger, an insolvency proceeding or otherwise, without the prior written consent of City. In the case of an assignment by Service Provider, Service Provider represents and warrants that it has all requisite rights and power to transfer any agreements or other rights with third -parties whose software is incorporated into the Services or who are necessary for the performance and use of the Services. Service Provider shall not subcontract performance of any of the Services without City's prior, written, consent. 17.11 Time is of the Essence. Time is of the essence in every provision of this Agreement in which time for performance is a factor. 17.12 Counterparts; Facsimile. This Agreement may be executed in one or more counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same Agreement. The parties agree that a facsimile signature may substitute for and have the same legal effect as the original signature. 17.13 Entire Agreement. This Agreement and any and all attached exhibits, each of which is incorporated by reference herein, constitute the entire agreement between the parties and supersede any and all previous representations, understandings, or agreements between City and Service Provider as to the subject matter hereof. In the event of a conflict between the Agreement and the exhibits order of precedent will proceed in the following manner: 1) the Agreement 2) the exhibits. No representation or promise not expressly set forth herein shall be binding. The provisions of this Agreement shall govern over any inconsistent or conflicting provisions contained in any exhibit hereto. This Agreement may only be amended by an instrument in writing signed by the parties. This Agreement shall be construed without regard to the party that drafted it. Any ambiguity shall not be interpreted against either party and shall, instead, be resolved in accordance with other applicable rules concerning the interpretation of contracts. 17.14 Cumulative Remedies. All rights and remedies of City herein shall be in addition to all other rights and remedies available at law or in equity, including, without limitation, specific performance against Service Provider for the enforcement of this Agreement, and temporary and permanent injunctive relief. Executed on the dates set forth below by the undersigned authorized representative of City and Service Provider to be effective as of the Effective Date. CITY OF RANCHO CUCAMONGA (CITY) By: Page 59 Name: Title: Date: Address for Notice: PRIME GOVERNMENT SOLUTIONS INC. (SERVICE PROVIDER) By: Name: Sherif Agib Sher i f Digitally signed Title: CEO by Sherif Agib Date: 3/24/20 h Date: Aq i N 2020.03.24 19:53:52 -07'00' Address for Notice: 220 N 1200 E STE 201, Lehi, UT 84043 PRIME GOVERNMENT SOLUTIONS INC. (SERVICE PROVIDER) By: Name: Jason Byrne Digitally signed Title: CFO Jason by Jason Byrne Date: Date: 3/24/20 Byrne 2020.03.25 11:39:14 Z Address for Notice: 220 N 1200 E STE 201, Lehi, UT 84043 [Two corporate signatures required if a corporation] Page 60 EXHIBIT A STATEMENT OF SERVICES, SUPPORT, AND SERVICE LEVEL AGREEMENT PRIMEGOV SERVICE AGREEMENT ("Agreement") THIS AGREEMENT is made on the day of BETWEEN 20 1. PRIME GOVERNMENT SOLUTIONS LLC, a Utah Limited Liability Company having its principal office at 220 N. 1200 E. #201, Lehi, UT 84043 (the "Supplier"); and 2. RANCHO CUCAMONGA , whose registered office is at 10500 Civic Center Dr, Rancho Cucamonga, CA 91730 (the "Customer") (and at times referred to in this Agreement as a "party" or "parties") BACKGROUND A. The Supplier has developed and owns the Service (as defined in clause 1) and has granted to the Customer a non-exclusive license to use such Service solely for Customer's internal operations and in accordance with the terms and conditions of this Agreement. The terms of this Agreement shall also apply to any updates and upgrades subsequently provided by Supplier to Customer for the Service. Supplier may update the functionality of or make modifications to the Service and user interface of the Service from time to time in its sole discretion and shall not be liable to Customer or to any third party for any modification of the Service. Supplier will use commercially reasonable efforts to notify Customer of any material modifications. B. The Customer wishes the Supplier to provide certain support services in respect of the Service in accordance with the provisions set out in Schedule 1 of this Agreement ("Support Services"). OPERATIVE PROVISIONS 1 DEFINITIONS In this Agreement the following expressions will have the following meanings unless inconsistent with the context: "Affiliate" means any company or non -corporate entity that controls, is controlled by, or is under common control with a party. An entity shall be regarded as in control of another company or entity if it owns or directly or indirectly controls more than 50 per cent. of the voting rights of the other company or entity means any encryption keys, certificates, passwords, access codes, user IDs or other login information provided to or used by Customer for the purpose of accessing "Application Password" and using the Service. "Business Day" a day that is not a Saturday, Sunday, or public holiday. "Client Environment" means the Customer hardware and software system containing the minimum specification, which the Customer, as advised by Supplier, is required to have to enable the Customer to connect with the Service. "Customer Data" means data, information or material provided or submitted by Customer or any User to the Supplier in the course of utilizing the Service. "Effective Date" means the date of this Agreement signed by the Supplier and the Customer. means all intellectual and industrial property rights of any kind whatsoever, "Intellectual Property Rights" registered or unregistered, including patents, know-how, software, code, intellectual property specifications, design plans, prototypes, drawings, software, software documentation, material, documents, ideas, operations, processes, product information, know- how, and the like including mode and procedures of development of source code, registered trademarks, registered designs, utility models, applications for and rights to apply for any of the foregoing, unregistered design rights, unregistered trademarks, rights to prevent passing off for unfair competition and copyright, database rights, topography rights, and any other Page 61 rights in any invention, discovery or process, in each case in all countries in the world and together with all renewals and extensions. "Pricing Schedule" means Schedule 2 to this Agreement which sets out the prices and payment terms for the Service. "Professional Services" means the general consulting, implementation and/or training services to be provided to Customer. "Purchase Order" means a purchase order issued by the Customer to the Supplier for the Service. "Service" means Supplier's online software applications purchased by Customer and maintained through Support Services by Supplier including associated offline components and ancillary online or offline services to which Customer is granted access under this Agreement. "Service Level the service level commitments in respect of the Service to the Customer as more Commitments" particularly set out in Schedule 1. "Term" means the term of this Agreement as specified in clause 3. "User" means one (or if more than one "Users") of Customer's employees, representatives, consultants, contractors or agents and other persons expressly permitted by Customer in connection with Customer's business affairs who are authorized to use the Service and have been supplied User identifications and passwords by Customer. INTERPRETATION 2.1 Person: The expression "person" means any individual, firm, body corporate, unincorporated association, or partnership, government, state or agency of a state or joint venture. 2.2 Headings: The index and headings to the clauses, the Appendices and Schedules of this Agreement are for convenience only and will not affect its construction or interpretation. 2.3 Statutes: Any reference to a statute or statutory provision and all regulations and notices made pursuant to it (whether made before or after the date of this Agreement), includes a reference to the same as from time to time amended, modified, extended, re-enacted, consolidated, or replaced provided that amendments, consolidations, modifications, extensions, re-enactments or replacements made after the date of this Agreement will not have substantively changed any provision which is relevant to this Agreement. 2.4 Provisions of the Agreement 2.4.1 Any reference in this Agreement to a clause, Schedule or Appendix is a reference to a clause, Schedule or Appendix of this Agreement and references in any Schedule or Appendix to paragraphs relate to the paragraphs in that Schedule or Appendix. 2.4.2 The Schedules and Appendices form part of this Agreement and will have the same force and effect as if expressly set out in the body of this Agreement and any reference to this Agreement will include the Schedules and Appendices. 2.5 Writing: Any references to "writing" or "written" includes references to any communication effected by post, facsimile, email or any comparable means. TERM 3.1 This Agreement shall unless terminated in accordance with clause 19, commences on the Effective Date and shall continue for an initial period of 3 years therefrom (the "Initial Term"). 3.2 The term of this Agreement shall automatically extend for a period of 1 year (the "Extended Term") at the end of the Initial Term and at the end of each Extended Term, unless either party gives written notice to the other party not later than three months before the end of the Initial Term or the relevant Extended Term, to terminate this Agreement at the end of the Initial Term or the relevant Extended Term, as the case may. 4 CUSTOMER USE OF THE SERVICE 4.1 Supplier grants Customer a license to access and use the Service during the Term via the internet under and subject to the terms of this Agreement. Supplier reserves the right to make changes and updates to the functionality and/or documentation of the Service from time to time. 5 FEES AND PAYMENT 5.1 Customer agrees to pay fees as set forth in the Pricing Schedule. ("the Service Fees"). 5.2 The Service Fees are to be paid annually in advance commencing on the Effective Date of this agreement and are non-refundable. Page 62 5.3 The Service Fees shall be billable and payable annually in advance for a twelve (12) month period at a time ("a Service Year") on the anniversary of the Effective Service Date ("the "Renewal Date") for the first year and for each year thereafter the Service Fees shall be payable annually in advance on each subsequent anniversary of the Renewal Date. One month priorto the expiryof a Service Year ("Service Year Expiry Date") the Service Fees for the Service Year will be invoiced by the Supplier to the Customer in respect of the Service to be provided in the following Service Year. The Customer shall pay the Service Fees on or before the relevant Service Year Expiry Date. 5.4 Where any additional Service(s) is acquired by the Customer during the period between one Renewal Date and the next Renewal Date ("the Installation Year") the Service Fees payable shall be calculated pro -rata, from the date of the Purchase Order for the Service(s) in the Installation Year up to the next Renewal Date applicable to Customer's other Licenses. For all subsequent years thereafter, the Service Fees shall be payable annually in advance on each anniversary of the Renewal Date in accordance with this Agreement. 5.5 Where the Supplier performs Professional Services under this Agreement (such as configuration of the Support Service if requested by Customer or migration of Customer Data to the Service), such services shall be invoiced by the Supplier on a time and material basis in accordance with the Supplier's rates in effect at the time of provision of such services ("Professional Services Fees") unless otherwise agreed in writing between the Parties and will be payable without withholding, deduction or off set of any amounts for any purpose. 5.6 The Service Fees and Professional Service Fees do not include local or foreign taxes, duties, fees and levies imposed from time to time by any government or other authority ("Taxes") and such Taxes, where applicable, will be payable by the Customer on the Service Fees and Professional Services Fees, at the rate applicable at the time of supply of the Service and/or Professional Services. 5.7 The Customer shall pay each invoice within 30 days of receipt of this invoice. 5.8 Customer agrees to provide Supplier billing and contact information as Supplier may reasonably require. Customer agrees to update this information promptly by means of email to the Supplier and in any case within 15 days, if there is any change. NON-PAYMENT 6.1 Customer's account will be considered delinquent (in arrears) if the Supplier has not received payment in full within 30 days after the due date, and without prejudice to any other rights and remedies of the Supplier; 6.1.1 Interest shall accrue on any payments (or any part thereof) outstanding at a rate of one and a half per cent (1.5%) per month or the highest rate allowed by applicable law, whichever is lower, plus all expenses of collection, including reasonable legal fees and court costs; 6.1.2 Subject to clause 6.4 below, the Supplier may, upon giving ten (10) days written notice but without liability to the Customer, disable/suspend the Customer's password, account and access to all or part of the Service and the Supplier shall be under no obligation to provide any or all of the Service while the invoice(s) or any part thereof, remains unpaid; 6.2 Supplier may in its discretion, decide not to exercise its rights under clause 6.1.1 (interest) and 6.1.2 (suspension), if Customer is disputing the applicable Service Fees and/or Professional Services Fees reasonably and in good faith and is cooperating diligently to resolve the dispute. 6.3 Supplier reserves the right to impose a reconnection fee if the Service is suspended (as a result of Customer's breach) but subsequently reinstated. 6.4 Without recourse to clause 6.1.2, Supplier reserves the right to terminate this Agreement if Customer's account falls into arrears 30 days after the due date. RESTRICTIONS ON USE OF THE SERVICE 7.1 The Customer may not: - 7.1.1 make the Service or use the Service for the benefit of anyone else other than the Customer and the Customer's Users. Customer shall access and use the Service only to the extent of authorizations acquired bythe Customer in accordance with this Agreement (for example the quantity specified in the relevant Purchase Order) and Customer agrees that the Customer is solely responsible for use of the Service by any Users who access and/or use the Service. Customer agrees to immediately notify the Supplier if Customer becomes aware of any loss or theft or unauthorized use of Customer's account credentials. 7.1.2 sublicense, resell or supply the Service for use in or for the benefit of any other organization, entity, business, or enterprise without Supplier's prior written consent. 7.1.3 submit to the Service any material that is illegal, misleading, defamatory, indecent or obscene, in poor taste, threatening, infringing of any third -party proprietary rights, invasive of personal privacy, or otherwise objectionable (collectively "Objectionable Matter"). Customer will be responsible to ensure that its Users do not submit any Objectionable Matter. In addition, the Supplier may, at its option, adopt rules for permitted and appropriate use and may update them from time to time on the Supplier web site and Customer and Customer's Users will be bound by any such rules. Supplier reserves the right to remove any Customer Data that constitutes Objectionable Matter or violates any Supplier rules regarding appropriate use but is not obligated to do so. Customer and Customer's Users will comply with all applicable laws regarding Customer Data and use of the Service. 7.1.4 interfere with or disrupt the integrity or attempt to gain unauthorized access to the Service orthe Supplier's intellectual property therein; 7.1.5 copy the Service or any part, feature, function or user interface thereof; 7.1.6 frame or mirror any part of any Service on any other server or wireless or internet-based device outside of the agreed usage in this contract; 7.1.7 access any part of the Service in order to build a competitive product or service or to build a product using similar ideas, features, functions or graphics of the Service; 7.2 Supplier reserves the right to disable, suspend or terminate this Agreement for cause in case the Customer breaches the provisions of this clause 7. CUSTOMER DATA 8.1 The Customer shall own all rights, title and interest in and to all of the Customer Data and shall have sole responsibility for the legality, reliability, integrity, accuracy and quality of the Customer Data. 8.2 Supplier will use best efforts to provide protection using current technological standards to protect Customer Data against unauthorized disclosure or use. 8.3 In the event of any loss or damage to Customer Data, the Customer's sole and exclusive remedy shall be for the Supplier to use reasonable commercial endeavors to restore the lost or damaged Customer Data from the latest back-up of such Customer Data maintained by thePage 63 Supplier. The Supplier shall not be responsible for any loss, destruction, alteration or disclosure of Customer Data caused by any third party (except those third parties sub -contracted by the Supplier to perform services related to Customer Data maintenance and back-up). 8.4 Subject to the terms and conditions of this Agreement, Customer grants to Supplier a non-exclusive license to use, copy, store, transmit and display Customer Data to the extent reasonably necessary to provide and maintain the Service. CUSTOMER'S OBLIGATIONS 9.1 The Customer shall: 9.1.1 provide the Supplier with: (i) all necessary co-operation in relation to this Agreement; and (ii) all necessary access to such information as may be required by the Supplier in order to render the Service, including but not limited to Customer Data, security access information and configuration services; 9.1.2 comply with all applicable laws and regulations with respect to its activities under this Agreement; 9.1.3 carry out all other Customer responsibilities set out in this Agreement in a timely and efficient manner. In the event of any delays in the Customer's provision of such assistance as agreed by the parties, the Supplier may adjust any agreed timetable or delivery schedule as reasonably necessary; 9.1.4 ensure that the Users use the Service in accordance with the terms and conditions of this Agreement and shall be responsible for any User's breach of this Agreement; 9.1.5 obtain and shall maintain all necessary licenses, consents, and permissions necessary for the Supplier, its contractors and agents to perform their obligations under this Agreement, including without limitation the Service; 9.1.6 ensure that its network and systems comply with the relevant specifications provided by the Supplier from time to time; 9.1.7 shall be solely responsible for protecting and safeguarding all Application Passwords, as Customer will be the only party with knowledge of its passwords. If Customer makes such Application Passwords available to any third party, Customer shall be liable for all actions taken by such third party in connection with the Service. Customer shall not disclose or make available the Application Password other than to Customer's authorized employees or contractors, shall use all commercially reasonable efforts to prevent unauthorized access to, or use of, the Application Password and the Service and will notify the Supplier promptly of any such unauthorized access or use and make any disclosures related to such unauthorized access or use which may be required under any applicable laws; and 9.1.8 be solely responsible for procuring and maintaining its network connections and telecommunications links from its systems to the Supplier, and all problems, conditions, delays, delivery failures and all other loss or damage arising from or relating to the Customer's network connections or telecommunications links or caused by the internet. 10 PROFESSIONAL SERVICES 10.1 Customer may retain Supplier to perform Professional Services as the parties may agree upon in writing ("Work Order"). Supplier will use reasonable efforts to carry out the Professional Services stated in the Work Order and to provide any resulting functionality in the Service made available online to Customer and Customer's Users. Except as the parties otherwise agree in a Work Order, Professional Services and the results thereof are made available "AS IS." 10.2 Unless otherwise agreed in writing either under this Agreement or in the Work Order, Professional Services are provided by Supplier on a time and materials basis. Maintenance and support of code or functionality created by means of Professional Services will likewise be on a Work Order basis under this clause 10 unless otherwise agreed in writing. The code and functionality made or provided under this clause 10 and all proprietary and intellectual property interests therein, will be Supplier's property. Access to the results of Professional Services will be available, subject to any further terms as may be agreed between the parties, as part of the Service during the Term unless otherwise agreed in writing. 11 INTELLECTUAL PROPERTY RIGHTS 11.1 Customer will not acquire any title copyright or other proprietary rights or Intellectual Property Rights in the Service or to the source code of the Service including in any materials or supporting documentation provided under the Service as provided in this Agreement. 11.2 The Supplier shall at all times be the sole owner of all title and Intellectual Property Rights emanating from any intellectual property, additional coding, data or patents, any discovery, invention, secret process, development, research or improvement in procedure that may be generated in connection with this Agreement including, but not limited to, any derivative works and Customer -specific enhancements and modifications. All intellectual property and other proprietary rights made, conceived or developed by the Supplier alone or in connection with the Customer in the course of the supply of the Service shall at all times be and remain the sole and exclusive property of the Supplier along with any improvement of any process, know-how, technology and any other materials in respect of the Service to be provided under this Agreement. 11.3 The Customer agrees not to remove, modify or use in any way any of Supplier's proprietary marking, including any trade mark, product or service names or copyright notice, without the prior written consent of the Supplier. 12 PRIVACY Supplier agrees to implement its privacy policies in effect from time to time. 13 SERVICE LEVEL WARRANTY Supplier warrants during the Term of this Agreement that the Service will meet the Service Level Commitment stated in Schedule 1. 14 ADDITIONAL WARRANTIES Each party represents and warrants that it has the legal power and authority to enter into this Agreement. 15 INDEMNIFICATION Page 64 15.1 Supplier will defend, indemnify, and hold Customer (and its officers, directors, employees and agents) harmless from and against all costs, liabilities, losses, and expenses (including reasonable legal fees) (collectively, "Losses") arising from any third -party claim, suit, action, or proceeding arising from the actual or alleged infringement of any copyright, patent, trademark, or misappropriation of a trade secret by the Service or Supplier Content (other than that due to Customer Data). In case of such a claim, Supplier may, in its discretion, procure a license that will protect Customer against such claim without cost to Customer or replace the Service with a non -infringing Service. THIS CLAUSE 15.1 STATES CUSTOMER'S SOLE AND EXCLUSIVE REMEDIES FOR INFRINGEMENT OR CLAIMS ALLEGING INFRINGEMENT. This indemnity by Supplier shall not apply to the extent that the claim of infringement of Intellectual Property Rights arose as a result of i) any negligent act or omission or willful misconduct of the Customer pursuant to this Agreement; (ii) any misuse or modification of the Service by the Customer, including, but not limited to the Customer's use of the Service in a manner inconsistent with information, directions, specifications, or instructions provided and approved by Supplier; (iii) the Customer's use of the Service in combination or conjunction with any product, service, device, or method not owned, developed, furnished, recommended, or approved by Supplier; (iv) the combination, operation or use of the Service with non -Supplier programs, data, methods or technology if such infringement would have been avoided without the combination, operation or use of the Service with other programs, data, methods or technology, or (v) Customer's breach of any of the provisions of section 7 of this Agreement. 15.2 Customer will defend, indemnify, and hold Supplier (and its officers, directors, employees and agents) harmless from and against all Losses arising out of or in connection with a claim, suit, action, or proceeding by a third party (i) alleging that the Customer Data or other data or information supplied by Customer infringes the intellectual property rights or other rights of a third party or has caused harm to a third party or (ii) arising out of breach of clause 7 above. 15.3 Customer will defend, indemnify, and hold Supplier (and its officers, directors, employees and agents) harmless from any expense or cost arising from any third -party subpoena or compulsory legal order or process that seeks Customer Data and/or other Customer -related information or data, including, without limitation, prompt payment to Supplier of all costs (including legal' fees) incurred by Supplier as a result. In case of such subpoena or compulsory legal order or process, Customer also agrees to pay Supplier for its staff time in responding to such third -party subpoena or compulsory legal order or process at Supplier's then applicable hourly rates. 15.4 In case of any claim that is subject to indemnification under this Agreement, the party that is indemnified ("Indemnitee") will provide the indemnifying party ("Indemnitor") reasonably prompt notice ofthe relevant claim. Indemnitor will defend and/or settle, at its own expense, any demand, action, or suit on any claim subject to indemnification under this Agreement. Each party will cooperate in good faith with the other to facilitate the defense of any such claim and will tender the defense and settlement of any action or proceeding covered by this clause 15 to the Indemnitor upon request. Claims may be settled without the consent of the Indemnitee, unless the settlement includes an admission of wrongdoing, fault or liability. 16 DISCLAIMERS AND LIMITATIONS 16.1 Except with regard to Customer's payment obligations under clause 5 and with regard to either party's indemnification obligations under clause 15, in no event will either party's aggregate liability exceed the Service Fees due for the preceding 12 -month period at the time of the event or circumstance giving rise to such claim. Except in regard to Customer's breach of clause 7, in no event will either party be liable for any indirect, special, incidental, consequential damages of any type or kind (including, without limitation, loss of data, revenue, profits, use or other economic advantage). 16.2 The Supplier is not responsible for any defects or damages resulting from Customer's or Customer's agents or employees mishandling, abuse, misuse, accident or Force Majeure. The Customer agrees to inform the Supplier of any Customer system change that may reasonably be expected to affect the Supplier's ability to provide the Service and shall notify the Supplier of any change to its IT configuration affecting the Services. The Supplier shall not be held responsible for the availability of telephone lines, the Internet, electricity or servers outside its reasonable control. The Supplier provides no warranty or guarantee in relation to speed of delivery of the Service, including the speed of any restores. The speed of delivery of the Service is dependent on factors outside the control of the Supplier including inter alia the speed, functionality and condition of the Customer's IT infrastructure, the amount of data being restored and/or the bandwidth of the Customer's internet connection. Any errors caused arising from the inadequacy or defectiveness of the Customer's IT infrastructure and/or the connectivity and bandwidth of the Customer's internet connection may affect the delivery of the Service including the performance of any restores. The Supplier will notify Customer of any technical failures in respect of delivery of the Service of which it is aware and subject to the terms of the Service Level Commitments, will endeavor to work with Customer to assist with rectification of any such failures. Customer acknowledges that changes may be required to the Customer's IT infrastructure and/or to its internet connectivity including its bandwidth capacity or otherwise to improve the speed, performance and/or delivery of the Service. Customer shall be responsible for the cost of any such changes. Any administrative and technical notifications in respect of the delivery of the Service will be sent by email to the Customer. 16.3 Except as set forth in the Service Level Commitments, the Supplier makes no warranty that the Service will be uninterrupted, timely, secure or error free. The Supplier expressly disclaims all liability howsoever arising from any change made to the Customer's IT configuration of the Client Environment of which Customer has not notified the Supplier in writing. No statement, whether oral or written, obtained by Customer from the Supplier shall create any warranty not expressly made herein. 16.4 The Customer recognizes that the Internet consists of multiple participating networks that are separately owned and not subject to the Supplier's control. The Customer agrees that the Supplier shall not be liable for damages incurred or sums paid when the Service is temporarily or permanently unavailable due to malfunction of, or cessation of, internet services by networks or Internet service providers not subject to the Supplier's control, or for transmission errors in, corruption of, or the security of the Customer Data or data transmitted through the Service carried on such networks or Internet service providers. The Supplier shall have no liability hereunder for damages incurred or sums paid due to any fault of Customer or any third party, or by any harmful components (such as computer viruses, worms and computer sabotage). The Supplier is not liable for any breach of security on the Customer's network, regardless of whether any remedy provided in this Agreement fails in its essential purpose. 16.5 THE WARRANTIES EXPRESSLY STATED IN THIS AGREEMENT ARE THE SOLE AND EXCLUSIVE WARRANTIES OFFERED BY SUPPLIER. THERE ARE NO OTHER WARRANTIES OR REPRESENTATIONS, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, THOSE OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. THE SERVICES ARE PROVIDED TO CUSTOMER ON AN "AS IS" AND "AS AVAILABLE" BASIS. CUSTOMER ASSUMES ALL RESPONSIBILITY FOR DETERMINING WHETHER THE SERVICE OR THE INFORMATION GENERATED THEREBY IS ACCURATE OR SUFFICIENT FOR CUSTOMER'S PURPOSES. 17 CONFIDENTIALITY Page 65 17.1 "Confidential Information" means non-public information, technical data or know-how of a party and/or its Affiliates, which is furnished to the other party in written or tangible form in connection with this Agreement. Oral disclosure will also be deemed Confidential Information if it would reasonably be considered to be of a confidential nature or if it is confirmed at the time of disclosure to be confidential. 17.2 Notwithstanding the foregoing, Confidential Information does not include information which is: (i) already in the possession of the receiving party and not subject to a confidentiality obligation to the providing party; (ii) independently developed by the receiving party; (iii) publicly disclosed through no fault of the receiving party; (iv) rightfully received by the receiving party from a third party that is not under any obligation to keep such information confidential; (v) approved for release by written agreement with the disclosing party; or (vi) disclosed pursuant to the requirements of law, regulation, or court order, provided that the receiving party will promptly inform the providing party of any such requirement and cooperate with any attempt to procure a protective order or similar treatment. 17.3 Neither party will use the other party's Confidential Information except as reasonably required for the performance of this Agreement. Each party will hold in confidence the other party's Confidential Information by means that are no less restrictive than those used for its own confidential materials. Each party agrees not to disclose the other party's Confidential Information to anyone other than its employees or subcontractors who are bound by confidentiality obligations and who need to know the same to perform such party's obligations hereunder. The confidentiality obligations set forth in this clause 17 will survive for five (5) years after the termination or expiration of this Agreement. 17.4 Upon termination or expiration of this Agreement, except as otherwise agreed in writing or otherwise stated in this Agreement, each party will, upon the request of the disclosing party, either: (i) return all of such Confidential Information of the disclosing party and all copies thereof in the receiving party's possession or control to the disclosing party; or (ii) destroy all Confidential Information and all copies thereof in the receiving party's possession or control. The receiving party will then, at the request of the disclosing party, certify in writing that no copies have been retained by the receiving party, its employees or agents. 17.5 In case a party receives legal process that demands or requires disclosure of the disclosing party's Confidential Information, such party will give prompt notice to the disclosing party, if legally permissible, to enable the disclosing party to challenge such demand. 18 DATA PROTECTION 18.1 The parties agree that the Customer is the Data Controller and the Supplier is the Data Processor in respect of any Personal Data. 18.2 The Supplier will: 18.2.1 take appropriate technical and organizational measures against unauthorized or unlawful processing of, and accidental loss or destruction of, or damage to, Personal Data, having regard to the state of technological development and the cost of implementing any measures, to ensure a level of security appropriate to the harm that might result from such unauthorized or unlawful processing, accidental loss, destruction or damage and the nature of the Personal Data; 18.2.2 only process Personal Data in accordance with instructions from the Customer and the Customer shall not provide the Supplier access to sensitive personal information that imposes specific security data security obligations for the processing of such data.; and 18.2.3 take reasonable steps to ensure the reliability of its employees who have access to the Personal Data. 19 TERMINATION 19.1 19.1.1 If a party: (a) commits a material breach of this Agreement which cannot be remedied; or (b) commits a material breach of this Agreement which can be remedied but fails to remedy that material breach within sixty (60) days of a written notice setting out the breach and requiring it to be remedied being given by the other party (or such longer period where agreed between the parties. the other party may terminate this Agreement immediately by giving not less than sixty (60) days' written notice to that effect to the party in breach. 19.1.2 A breach can be remedied if the party in breach can comply with the relevant obligation in all respects other than as to time of performance unless time of performance of such obligation is of the essence. 19.1.3 This clause 19.1 will not apply to any failure by the Customer to make any payment due to the Supplier under this Agreement on or before the due date. Clause 19.2 will apply instead to any such failure. 19.2 The Supplier may terminate this Agreement by giving not less than thirty (30) days' written notice to that effect to the Customer if the Customer fails to make any payment due to the Supplier under this Agreement within 60 days after the relevant due date for payment. 19.3 Either party may terminate this Agreement immediately by giving written notice to that effect to the other party if the other party becomes Insolvent. Each party will notify the other party immediately upon becoming Insolvent. 19.4 If an application for an administration order, a notice of intention to appoint an administrator or a winding up petition is the only grounds for giving notice to terminate, that notice will be deemed to be ineffective if: 19.4.1 in the event of an application for an administration order being made, that application is withdrawn or dismissed within 10 Business Days of being made; 19.4.2 in the event of a notice of intention to appoint an administrator being filed, no administrator is appointed within 10 Business Days of the notice being filed; or 19.4.3 in the event of a winding up petition being presented, that petition is withdrawn or dismissed prior to advertisement and within 30 Business Days of presentation. 19.5 The Supplier's rights of termination set out in this Agreement are in addition to and not in substitution for any rights of termination which may exist at common law. 19.6 Termination of this agreement for any reason, shall not affect the accrued rights, remedies, obligations or liabilities of the parties existing at termination. 20 CONSEQUENCES OF TERMINATION 20.1 The termination of this Agreement howsoever arising is without prejudice to the rights, duties and liabilities of either party accrued prior to termination. Page 66 20.2 If the Supplier terminates or suspends the Service under this Agreement, Customer must pay within 30 days all Service Fees and Professional Services Fees that have accrued prior to such termination or suspension, as well as any fees that remain unpaid for the Service up to date of termination or suspension plus related taxes and expenses. If the Agreement is terminated by Customer for any reason other than a termination expressly permitted by the Agreement, Customer agrees that the Supplier shall be entitled to the Service Fees payable for the Service under the Agreement for the entire Initial Term or if terminated during an Extended Term, the Service Fees payable for the entire Extended Term, unless a provision to the contrary is stipulated in the Agreement. 20.3 The clauses in this Agreement which expressly or impliedly have effect after termination will continue to be enforceable notwithstanding termination. 20.4 The Customer shall not be entitled on or after the termination of this Agreement for any reason whatsoever to a rebate of any Service Fees paid in advance of their due date. 20.5 On termination ofthis Agreement howsoever arising the Customer will at the direction ofthe Supplier return to the Supplier any documents in its possession or control which contain or record any Confidential Information. 21 FORCE MAJEURE 21.1 Neither party to this Agreement will be deemed to be in breach of this Agreement or otherwise liable to the other party in any manner whatsoever for any failure or delay in performing its obligations under this Agreement due to Force Majeure, provided that it has complied and continues to comply with its obligations set out in clause 21.2. 21.2 If a party's performance of its obligations under this Agreement is affected by Force Majeure: 21.2.1 it will give written notice to the other party, specifying the nature and extent of the Force Majeure, within seven days of becoming aware of the Force Majeure and will at all times use all reasonable endeavors to bring the Force Majeure event to an end and, whilst the Force Majeure is continuing, to mitigate its severity, without being obliged to incur any expenditure; 21.2.2 subject to the provisions of clause 21.3, the date for performance of such obligation will be deemed suspended only for a period equal to the delay caused by such event; 21.2.3 it will not be entitled to payment from the other party in respect of extra costs and expenses incurred by virtue of the Force Majeure. 21.3 If the Force Majeure in question continues for more than three months a party may give written notice to the other to terminate this Agreement. The notice to terminate must specify the termination date, which must not be less than 15 days and once such notice has been validly given, this Agreement will terminate on that termination date. 21.4 If the Agreement is terminated in accordance with clause 21.3, then neither party will have any liability to the other except that rights and liabilities which accrued prior to such termination will continue to exist. 22 EMPLOYEES NON -SOLICITATION 22.1 Notwithstanding any degree of supervision exercised by either party over employees of the other, in no circumstances will the relationship of employer and employee be deemed to arise between either party and an employee of the other. 22.2 Unless this Agreement is earlier terminated by reason of the Supplier's Insolvency ("Insolvency Event") when no such restrictions shall apply, during the term of this Agreement and for a period of six months after its termination, Customer will not and will ensure that its Affiliates will not, directly or indirectly, without the prior written consent of the other, solicit, or permit any of its group companies to solicit or entice, the employment of any person who is employed by the other party or any of its group companies and whose role either wholly or partly relates to the provision of the Service or the performance of this Agreement. For the purposes of this clause 22 "solicit" or "entice" means the soliciting or enticing of such person with a view to engaging such person as an employee, director, sub -contractor, consultant or independent contractor or through a company owned by such person or his or her family, but will not apply in the case of any such person responding without enticementto a job advertisement which is capable of being responded to by members ofthe public (or sections thereof) generally. 22.3 In such circumstances where the Supplier suffers an Insolvency Event, nothing in this clause 22 will prohibit the Customer from soliciting or enticing or attempting to solicit or entice the employment of any of the key personnel for the duration of that Insolvency Event. 23 ASSIGNMENT 23.1 Either party may assign, novate ordeal in any other manner with any of its rights and obligations under this Agreement. 23.2 Subject to the foregoing, this Agreement will be binding upon, and inure to the benefit of the parties and their respective successors and permitted assigns. 24 NOTICES 24.1 Notices will be in writing, in the English language, marked for the attention of the specified representative of the party to be given the notice or communication and: 24.1.1 sent by pre -paid first-class post to that party's address; 24.1.2 sent by e-mail to that party's e-mail address (with a copy sent by pre -paid to that party's address within 24 hours after sending the e-mail). The address, e-mail address and representative for each party are set out below and may be changed by that party giving at least 5 Business Days' notice in accordance with this clause 24: Rancho Cucamonga Prime Government Solutions 220 N. 1200 E. #201 10500 Civic Center Dr, Rancho Cucamonga, CA 91730 Lehi, UT 84043 Page 67 For the attention of: Linda Troyan Linda.Troyan@cityofrc.us For the attention of: Sherif Agib sherif@primegov.com 24.2 Any Notice given in accordance with 24.1 will be deemed to have been served: 24.2.1 if given asset out in clause 24.1.1 at 9.00 am on the second Business Days after the date of posting; 24.2.2 if given as set out in clause 21.2.324.1.2, at the time of sending (except that if an automatic electronic notification is received by the sender within 24 hours after sending the e-mail informing the sender that the e-mail has not been delivered to the recipient or that the recipient is out of the office, that e-mail will be deemed not to have been served); 25 RELIANCE ON REPRESENTATIONS 25.1 The Customer acknowledges that this Agreement has not been entered into wholly or partly in reliance on, nor has the Supplier given or made, any warranty, statement, promise or representation other than as expressly set out in this Agreement. 25.2 Nothing in this clause 25 will exclude any liability which one party would otherwise have to the other party in respect of any statements made fraudulently. 26 SET-OFF OR WITHHOLDING All payments to be made by the Customer to the Supplier under this Agreement will (in the absence of express written agreement from the Supplier) be made in full without any set-off, restriction or condition and without any deduction or withholding for or on account of any counterclaim or any present or future taxes, levies, duties, charges, fees, deductions or withholdings of any nature unless the Customer is required by lawto make any such deduction or withholding and Customer has given prior notification to Supplier of such legal obligations on the Customer's part. 27 ENFORCEMENT BY THIRD PARTIES The terms and conditions of this Agreement are for the sole benefit of the parties and nothing herein will be construed as giving any rights to any person or party not a party to it. 28 INVALIDITY/SEVERABILITY If any clause or part of this Agreement is found by any court, tribunal, administrative body or authority of competent jurisdiction to be illegal, invalid or unenforceable then that provision will, to the extent required, be severed from this Agreement and will be ineffective without, as far as is possible, modifying any other clause or part of this Agreement and this will not affect any other provisions of this Agreement which will remain in full force and effect. 29 VARIATION This Agreement may only be varied or amended in writing and signed by the parties or their authorized representatives of each of the parties. 30 WAIVER No failure or delay by the Supplier to exercise any right, power or remedy will operate as a waiver of it nor will any partial exercise preclude any further exercise of the same, or of some other right, power or remedy. 31 DISPUTE RESOLUTION 31.1 If a dispute arises out of or in connection with this Agreement or the performance, validity or enforceability of it ("Dispute") then, except as expressly provided in this Agreement, the parties shall follow the dispute resolution procedure set out in this clause 32. 31.2 The parties will initially seek to resolve the Dispute through discussion and negotiation in good faith between the appropriate officers of the parties. If the Dispute is not resolved, through discussion and negotiation under this section, within thirty (30) days (or such alternative time period as may be agreed between the Parties), the following procedure will apply: - 31.2.1 Any dispute relating to the terms, interpretation or performance of this Agreement (other than claims for preliminary injunctive relief or other pre -judgment remedies) will be resolved at the request of either party through binding arbitration. Arbitration will be conducted under the rules and procedures of the American Arbitration Association ("AAA"). The parties will request that AAA appoint a single arbitrator. Judgment on the arbitrator's award may be entered in any court having jurisdiction. In the event any provision of this Agreement is held by a tribunal of competent jurisdiction to be contraryto the law, the remaining provisions of this Agreement will remain in full force and effect and an enforceable provision that most closely reflects the parties' intent will be substituted for the unenforceable provision. The waiver of any breach or default of this Agreement will not constitute a waiver of any subsequent breach or default, and will not act to amend or negate the rights of the waiving party. 32 GOVERNING LAW AND JURISDICTION 32.1 The formation, existence, construction, performance, validity and all aspects whatsoever of this Agreement or of any term of this Agreement will be governed by the laws of the State of California. 32.2 The courts of California will have non-exclusive jurisdiction to settle any disputes which may arise out of or in connection with this Agreement. The parties irrevocably agree to submit to that jurisdiction except that either party may seek injunctive relief in any court of competent jurisdiction. Page 68 33 MERGER AND MODIFICATION This Agreement, including the attached documents, constitutes the entire agreement between the parties. There are no understandings, agreements, or representations, oral or written, not specified within this Agreement. This Agreement may not be modified, supplemented, or amended, in any manner, except by written agreement signed by both parties. 34 NONDISCRIMINATION AND COMPLIANCE WITH LAWS Supplier agrees to comply with all applicable laws, rules, regulations, and policies, including those relating to nondiscrimination, accessibility, and civil rights. Supplier agrees to timely file all required reports, make required payroll deductions, and timely pay all taxes and premiums owed, including sales and use taxes and unemployment compensation and workers' compensation premiums. Supplier shall have and keep current at all times during the term of this Agreement all licenses and permits required by law. SIGNED BY the parties on the date stated at the beginning of this Agreement. PRIME GOVERNMENT SOLUTIONS LLC CUSTOMER NAME Page 69 SCHEDULE 1—Support Services SLA The SLA describes the expected performance of the PrimeGov Service, the procedures for reporting an issue and expected turnaround time on issues reported. A. Service Uptime Target PrimeGov have a target uptime of >99.95% measured on a monthly basis. This time excludes any planned outages that have been identified to the Customer. PrimeGov must give a minimum of two business days notice for a planned outage. Planned outages will be targeted to occur between 00:01 on Saturdays to 23:59 on Sunday night. B. Reporting an Issue 1. Contact Details At PrimeGov we build our Service with alerting to anticipate any Service disruption so that our Customer Success team can address any technical items before they become an issue for our customers. In the case where a Customer discovers a defect or fault, or the Service is unavailable, the Customer should notify the PrimeGov Customer Success team through one of the following channels: Enter a ticket in the help desk system at primegov.freshdesk.com E-mail: support@primegov.com Phone: 801-341-1910 2. Hours of Coverage The Support Services will be provided between Business Days 08:00 to 18.00 MT, from Monday to Friday. More specifically, the hours are as follows: Service support 08:00 to 18.00 MT Enter an issue in the help desk system This service will be available 24 hours a day— 7 days a week Email an issue to the Customer Success team This service will be available 24 hours a day— 7 days a week 3. Customer Priority Identification The Customer will supply their determined priority for each support item logged in accordance with the following Priority Code. Priority Code Description P1 Critical - The problem is impacting all Users by the Service being unavailable with no work around available. P2 High - The problem is impacting a significant number of Users and is causing a significant business impact, where there is no workaround available. P3 Moderate - The problem is impacting a small number of Users and is causing a minor business impact or is causing a significant business impact, but there is a workaround available P4 Low — NON -SERVICE AFFECTING DEFECT —Non -urgent or cosmetic problems, queries, causing inconvenience only. C. Resolving an Issue 1. Steps to Resolution a) PrimeGov Customer Success staff will analyze the issue and revert to the Customer with an assessment of the issue b) The issue will then result in one of the following actions: a. The PrimeGov Customer Success staff will send a set of steps to close the issue with associated times. b. PrimeGov Customer Success staff will ask for more clarification/ information on the issue. C. PrimeGov Customer Success staff may discuss the priority of the issue. c) The Customer and the PrimeGov Customer Success staff will mutually agree to close or reprioritize an issue. d) If a support issue is closed because it has been successfully resolved, then PrimeGov Customer Success staff will provide a brief description of the final solution to the Customer. e) If a support issue is closed but it has not been successfully resolved, then PrimeGov Customer Success staff will provide a brief description of the reason for closing the issue to the Customer. 2. Target Response Time PrimeGov will aim to provide the Customer with a response within a specific time limit based on the agreed Priority Code of the Support Issue (a "Target Response Time"). The following Target Response Times are within the Hours of Coverage. Priority Code Description Target Response Time < P1 Critical 30 Minutes P2 High 1 Hour Page 70 P3 Moderate 2 Hours P4 Low 40 Hours 3. Problem Escalation A Support Call's Priority Code may be escalated by either the Customer or PrimeGov, if it is found to be more business critical than first realized or if the steps to resolve are proving unsatisfactory. In the event of escalation the following contacts from PrimeGov should be called: Role Name Contact Details V.P. Customer Success Larry Thorpe Larry.thorpe@primegov.com Director Josh Hurni josh.hurni@primegov.com C00 Sherif Agib sherif@primegov.com 4. Minor Enhancements Requests by the Customer for minor enhancements or changes to the Service not relating to a defect or error inherent in the Service will be considered on a case by case basis and will be included under this Agreement at the sole discretion of PrimeGov if in the PrimeGov software product roadmap. S. Exclusions a) Requests by the Customer for significant enhancements or changes to the Service not relating to a defect or error inherent in the Service will be excluded from this Agreement and will be managed separately. b) PrimeGov is only obliged to provide the Support Services with respect to the then current version of the Service. If PrimeGov provides Support Services for older versions/releases, this is done without obligation on an "as -is" basis at PrimeGov's sole discretion and without any service level applying and PrimeGov may make the provision of further Support Services for older versions of the Service subject to the payment of additional fees. c) any alteration, modification or maintenance of the Service by the Customer or any third party which has not been authorized in writing by PrimeGov; d) any failure by the Customer to implement any recommendations, solutions to faults, problems or updates previously advised or delivered by PrimeGov to the Customer; e) either Party being subject to Force Majeure; f) the Customer's failure, inability or refusal to allow PrimeGov's personnel proper and uninterrupted access to the Service; Page 71 SCHEDULE 2 — Pricing Schedule Item Unit of Num Section Description Measure Quantity Reference 1 Main Bid Agenda Management System: Agendas, Staff Reports 10,000 1 Annual 2 Main Bid Meeting Minutes Management 5,000 1 Annual 5 Main Bid Implementation (2 onsite trips up to 5 days each trip) 0 1 One-time 6 Main Bid Laserfiche Integration 2,000 1 Annual 7 Annually $19,000 Annual increase of 3% Inc Page 72 SCHEDULE 3 — Statement of Work Statement of Work Agenda Management February 25, 2020 Version 1 Page 73 Project Objectives & Preliminary Scope The PrimeGov Agenda Management Suite enables organizations to manage a variety of components related to the legislative process. The "Suite" consists of the following components and modules; The project planning and implementation activities will include the following objectives and assumptions: PrimeGov Agenda allows staff to create meeting types, agenda items, upload related documents to create an agenda and materials packet. Meeting documents and supporting materials can be compiled for distribution to the Staff, Public, Council Members, and others. Customer Agrees to: • Complete On -Boarding Assessment including: o Documentation of Item Types o Documentation of Meeting Types for each meeting body o Documentation of the proposed meeting schedule for each meeting body • Produce and Share full Word samples including numbering, font, size and other formatting details for each meeting body: o Agenda o Packet o Notice of Cancellation • Identify sections and items included in each meeting body • Review and discuss modifications required to accommodate PrimeGov best practices, current functionality, and consistency of the proposed meeting document templates • Complete Agenda Training • Complete User Acceptance Testing • Conduct end-user training • Review and Sign off Agenda configuration PrimeGov Agrees to: • Review and configure up to (3) Meeting Bodies that are provided as part of the on - boarding assessment including: o Agenda o Minutes o Packet o Notice of Cancellation • Review and configure Item Types • Perform a Gap Analysis to review functionality and identify potential feature requests and enhancements that can be evaluated for inclusion in a future release. • Complete end to end Agenda Testing Page 74 • Deliver full document set per meeting with the proposed layout and design • Provide Agenda training PrimeGov Forms/Workflow allows for the automation of the item submission process. This will enable users to ensure items are reviewed electronically and that users can always know where an item is at in the process. Workflow allows for linear routing of an item with its supporting materials on its journey to an agenda. Workflow is flexible and will enable users to have an ad- hoc review process via peer review while also allowing the administration to design a consistent approval process. Items can be created at any time and added to the agenda automatically when the approved process is complete. The workflow steps can be routed to users or groups to ensure an end to end electronic process. Following is an example of the Agenda Item Approval Workflow: ■ Create Document ■ Create Item ■ Add item to the meeting ■ Attach documents ■ Originator Review ■ Peer Review ■ Department Head Review ■ Legal Review ■ Finance Review ■ City Manager Review ■ City Clerk ■ Approve on Agenda Customer Agrees to: • Complete On -Boarding Assessment including: o Documentation of the workflow process ■ Form to initiate a submission ■ Staff Report (cover page) Word sample ■ Workflow Steps ■ Identification of originators ■ Identification of Review Groups ■ Identification of Review Users ■ Notification Emails • Identify a decision maker and lead procedural discussions regarding the item approval process. • Review and discuss modifications required to accommodate PrimeGov best practices, current functionality, and consistency of the proposed item approval workflow -28- Page 75 • Review and discuss modifications required to accommodate PrimeGov best practices, current functionality, and consistency of the proposed form and staff report document • Provide technical resources required for add-in installation on client workstations and is responsible for end-usersupport. • Complete Workflow Training • Complete User Acceptance Testing • Conduct Workflow end-user training • Review and Sign off Workflow configuration PrimeGov Agrees to: • Review and configure up to (2) Item Approval workflows that are provided as part of the on -boarding assessment including: o Workflow Design o Workflow Configuration o Notification Emails • Review and configure up to (2) Item Submission Forms with accompanying Staff Report that is provided as part of the on -boarding assessment including: o HTML Form Design o Staff Report Word Document Content Controls • Perform a Gap Analysis to review functionality and identify potential feature requests and enhancements that can be evaluated for inclusion in a future release. • Complete end to end Workflow and Forms testing • Provide Workflow training PrimeGov Minutes allows the meeting administrator to run a meeting and record roll call, minutes, motions, votes, notes, and actions with ease. The PrimeGov real-time Minutes tools provide a single interface that allows all aspects of the meeting to be managed often by a single user. The real-time meeting tools also offer options for citizen engagement information regarding the active item, speakers, motion information, and votes can be displayed in chambers or online via the public portal in real time. Minutes provides a means to record motions, votes, minutes and other facets of the meeting. Also, agenda items can be added, removed, edited and re -arranged as changes occur during the meeting. Customer Agrees to: • Complete On -Boarding Assessment including: o Documentation of Motion Types o Documentation Motion Type configuration o Minutes o Motion template o Action template o Vote result template -29- Page 76 • Produce and Share complete Word samples including numbering, font, size and other formatting details for each meeting body: o Minutes • Identify sections and items to be included in each meeting body • Review and discuss modifications required to accommodate PrimeGov best practices, current functionality, and consistency of the proposed minute templates • Complete Minutes Training PrimeGov Agrees to: • Review and Configure up to (3) meeting bodies that are provided as part of the on - boarding assessment including: o Minutes • Review and configure: o Motion Types o Motion Type configuration o Motion template o Action template o Vote Result template • Perform a Gap Analysis to review functionality and identify potential feature requests and enhancements that can be evaluated for inclusion in a future release. • Deliver complete document set per meeting with the proposed layout and design • Provide Minutes training PrimeGov Public Portal, The Public Portal, can be integrated directly within the city's website providing a seamless look and feel. Constituents can search for and view meeting materials, and video. The portal also provides the ability for citizens to search the voting history of elected officials. This includes the meeting history, voting records, speakers, and video specific to the item. An internal portal can also be used if the city would like to publish meeting documentation internally before it being made available to the public. Customer Agrees to: • Provide technical resources required for integration on the city web site and is responsible for end- user support of web site. PrimeGov Agrees to: • Review and Configure public portal • Perform a Gap Analysis to review functionality and identify potential feature requests and enhancements that can be evaluated for inclusion in a future release. PrimeGov Meeting Viewer allows members of the council or committee to participate in the meeting using their web-ena bled device. The Meeting Viewer allows members to review, annotate and save notes on agenda materials and items on their agenda in the cloud. The real-time meeting tools also provide information about the current item, speakers, motion information, and votes can be displayed in chambers using the Public Display in real time. Alternatively, the system will also allow members of the -30- Page 77 council or committee to record their own votes using their web -enabled device. Each committee member can be granted permission to annotate their own digital copy of the meeting material for use during the meeting. Customer Agrees to: • Complete On -Boarding Assessment including: o Documentation of Users and Permissions o Identification of clerks for each meeting type • Train Council Members and Staff on how to use Meeting Viewer • Complete End User Meeting Viewer Training PrimeGov Agrees to: • Review and Configure up to (3) meeting bodies that are provided as part of the on - boarding assessment including: o Minutes PrimeGov Historical Import (Conversion) PrimeGov will import historical data for the following conversion work tasks including utilization of utilitythat has been specifically developed to assist with streamliningthe conversion process. Customer AErrees to: • Complete On -Boarding Assessment including: o Identification of Content o Identification of the location of data and supporting files • Provide access to data and supporting files for import • Provide media files in MP4 video format • Provide a clear and understandable naming convention to identify files and their location • Customer Acceptance Testing • Review and Sign off Historic Import results PrimeGov Agrees to: • Import of up to 2 years of historic documents for meeting types identified as part of PrimeGov Agenda implementation o Agendas o Minutes o Packets • Import of MP4 videos without indexing/timestamps on Customer provided YouTube account. • Provide a Conversion report outlining successful import counts and identification of failed record imports. • Complete one import and one delta import of data after initial import. -31- Page 78 • PrimeGov Core / Administration The Core of the PrimeGov Suite. This allows users and administrators to have an Agenda Management Solution in the cloud with access from any internet connection. All system settings and security are managed and administered from the core Customer Aerees to: o Complete On -Boarding Assessment including: o Identities/Users o Roles o Departments o Department Heads o Security and Permissions o Email Settings • Customer Acceptance Testing • Complete PrimeGov Administrator Training • Review and Sign off Core / Administration PrimeGov Agrees to: • Deploy of a Cloud Production Environment instance including: o Software Suite outlined above o Identities/User ■ Email Address ■ First Name ■ Last Name ■ Department ■ Title o Roles ■ Administrator ■ General City Staff ■ Committee ■ Members o Departments ■ Department Heads o Security and Permissions o Email Settings • Provide PrimeGov Administrator Training Note: The following optional PrimeGov components are not included in the project scope estimate at this time: PrimeGov Reporting Not Included in Project Scope -32- Page 79 PrimeGov API Not Included in Project Scope except integration with Laserfiche Customization and Development PrimeGov offers many integration opportunities and other development to accommodate specific requests or enhancements. While all enhancements are driven by customer demand, the option exists for the customer to purchase custom development. Not Included in Project Scope General Project Requirements The following are the general project requirements based upon the processes described above for this PrimeGov implementation. Customer Agrees to: • Commit a Project lead and relevant Subject Matter Experts, as needed for successful project delivery. • Lead development or procedural discussions produce end-user training documentation, and conduct end-user training sessions, as needed. • Provide technical resources required for video streaming • provide technical resources required for add-in installation on client workstations and is responsible for end-usersupport. • Complete Training assigned • Complete User Acceptance Testing • Provide feedback and sign off all phases of the project • Ensure local infrastructure complies with published minimum requirements. • Provide resources required to use remote sharing software for meetings such as GoToMeeting or Microsoft Teams PrimeGov Agrees to: • Commit a project lead and other subject matter experts, as needed for successful project delivery • Implementation tasks are estimates until the completion of the Gap analysis. After completion of the Gap analysis, PrimeGov and Customer will review the Implementation project requirements, including but not limited to Future State process designs, work effort estimates, timelines, and software, and execute a Change Order Authorization as appropriate. • Testing and Deployment of Software Upgrades and Patches • Review and Demonstration of the entire solution in PrimeGov as a refresher of system features and including the approval process. • PrimeGov will perform a gap analysis with Customer at each step to clarify and confirm the agenda management processes and PrimeGov best practices and functionality. If the customer requests changes to the standard offering those requests will likely impact the work effort estimated within this SOW resulting in further analysis and discussions, and possibly a Change Order and/or additional software development. • PrimeGov will provide Project Management Activities including: -33- Page 80 o Project Tracking o Weekly Status Calls o Regular remote share working sessions o Issue resolution portal for tracking of issues identified as issues, defects, feature requests, and bugs. • Review and configuration of user and role permissions within the PrimeGov Solution • PrimeGov will perform testing of the software functionality and provide support during customer user acceptance testing before production. o Training will be provided to those individuals identified as testers for successful User Acceptance Testing Change Orders This SOW is intended to communicate all deliverables that relate to this project, and no other deliverables are assumed outside of this SOW. Customer requirements and the "Project Scope" based on the information provided at this time. Although PrimeGov makes every attempt to provide accurate estimates, estimates may change as further details of the solution are identified, and the final Solution Blueprint is developed. If additional products and/or services beyond those outlined in this SOW are required, a "Change Order Authorization" will be generated outlining the details, as well as time and cost estimates, of the modifications to this SOW. A Change Order Authorization must be authorized, approved, and executed by PrimeGov and Customer for the changes to be incorporated into the SOW. Projected Timeline and Stages This SOW is intended to communicate all deliverables that relate to this project, and no other deliverables are assumed outside of this SOW. Customer requirements and the "Project Scope" based on the information provided at this time. Although PrimeGov makes every attempt to provide accurate estimates, estimates may change as further details of the solution are identified, and the final solution is developed. If additional products and/or services beyond those outlined in this SOW are required, it may impact the projected timeline. PrimeGov Implementation Stages A project that follows the scope of work described in this document will consist of three distinct stages: Planning & Discovery • Kick Off • Process Review Implementation • Configuration & Test • Training Prosect Closure • Go Live -34- Page 81 • Transition to Support Projected Timeline The expected duration of this project plan, without any changes, is 16 weeks. The general timeline would follow the duration below: (WEEKS) The projected timeline can be impacted by changes in "Project Scope" and based on commitments to the General Project Requirements. -35- Page 82 DATE: April 1, 2020 TO: Mayor and Members of the City Council FROM: John R. Gillison, City Manager INITIATED BY: Linda A. Troyan, MMC, City Clerk Services Director Patricia Bravo -Valdez, CMC, Deputy Director of City Clerk Services Kimberly Solorio, Records Management Analyst SUBJECT: CONSIDERATION OF RESOLUTION NO. 2020-016, DECLARING A TRUSTED SYSTEM FOR THE MANAGEMENT OF CITY AND FIRE PROTECTION DISTRICT OFFICIAL RECORDS. RECOMMENDATION: Staff recommends the City Council adopt Resolution No. 2020-016 in order to comply with State of California regulations regarding the declaration of a Trusted System for the electronic management of City and Fire Protection District official records. BACKGROUND: The State of California defines a Trusted System as "a combination of technologies, policies, and procedures for which there is no plausible scenario in which a public record retrieved from or reproduced by the system could differ substantially from the public record that is originally stored." The Secretary of State has adopted Trustworthy Electronic Document regulations, which govern the recording, storing and reproduction of records in electronic media where the intent is to destroy the original hardcopy and maintain the electronic copy as the official record. In 2012, California adopted regulations that require a Trusted System for maintaining all electronic records created or stored as an official record. These regulations include Section 34090, et seq. of the Government Code of the State of California that provides the parameters and processes whereby any record which has served its purpose and is no longer required may be destroyed and Section 34090.5 that requires that certain records are reproduced on a Trusted System before the original hardcopy is destroyed. ANALYSIS: A Trusted System provides for secure storage of electronic original records, does not permit unauthorized additions, modifications, or deletions to a document, and requires at least one true copy is stored into electronic media, and shall be kept in a safe and separate location for security purposes. The City uses Laserfiche, a Trusted System that meets or exceeds all of these criteria, as it's repository to electronically store City and Fire Protection District official records. The City Clerk's Office/Records Management Department and Department of Innovation and Page 83 Technology have worked together to ensure Laserfiche, the City's Electronic Document Management System (EDMS), and the records stored within the system, are kept in accordance with the State's Trusted System requirements. FISCAL IMPACT: The City will realize savings in fees for offsite storage of backup optical discs. COUNCIL GOAL(S) ADDRESSED: The adoption of Resolution No. 2020-16 supports Council's goal of enhancing Rancho Cucamonga's premier community status by ensuring the City is in compliance with State regulations safeguarding items of official record. ATTACHMENTS: Description Resolution No. 2020-016 Page 84 RESOLUTION NO. 2020-016 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, DECLARING A TRUSTED SYSTEM FOR THE MANAGEMENT OF CITY AND FIRE PROTECTION DISTRICT OFFICIAL RECORDS WHEREAS, Section 34090, et seq, of the Government Code of the State of California provides the parameters whereby any City Record which has served its purpose and is no longer required may be destroyed, including the requirement that certain Records be reproduced on a "Trusted System," as defined in California Government Code Section 12168.7, prior to destruction; and WHEREAS, California Government Code Section 12168.7 provides uniform statewide standards for storing documents in electronic medium; and WHEREAS, the Secretary of State has adopted Trustworthy Electronic Document or Record Preservation regulations, located in Chapter 15, Division 7, Title 2 of the California Code of Regulations, which govern the recording, storing and reproducing of Records in electronic media where the intent is to destroy the original hardcopy and maintain the electronic copy as the official Record; and WHEREAS, a Trusted System provides for secure storage of electronic original records, does not permit unauthorized additions, modifications, or deletions to a document, and requires at least one true copy is stored into electronic media, and shall be kept in a safe and separate location for security purposes; and WHEREAS, Laserfiche is the City and Fire Protection District's official Electronic Document Management System repository for official electronic records including agenda packets, minutes, ordinances, resolutions, building and planning documents; and WHEREAS, the City Clerk's Office/Records Management Department and Department of Innovation and Technology have worked together to ensure the City's document management system, and all records stored within the system, are kept in accordance with the State's Trusted System requirements and the Trustworthy Electronic Document or Record Preservation regulations; and WHEREAS, Laserfiche is backed up onsite and then a copy is backed up in a cloud infrastructure, stored and preserved in a separate and safe location in a format that cannot be altered; and WHEREAS, The City's Records Retention Schedules, established Records Management procedures and processes, and Laserfiche technology establish the City of Rancho Cucamonga's Trusted System. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA DOES FIND AND RESOLVE AS FOLLOWS: Laserfiche, the City and Fire Protection District's Electronic Document Management System (EDMS) constitutes a Trusted System in accordance with state law. PASSED, APPROVED AND ADOPTED this day of , 2020. RESOLUTION NO. 2020-016 - Page 1 of 1 Page 85 DATE: April 1, 2020 TO: Mayor and Members of the City Council FROM: John R. Gillison, City Manager INITIATED BY: William Wittkopf, Public Works Services Director Dean Rodia, Parks and Landscape Superintendent Ruth Cain, CPPB, Procurement Manager Paul Fisher, Management Analyst I SUBJECT: CONSIDERATION TO AWARD A CONTRACT TO LANDSCAPE WEST MANAGEMENT SERVICES, INC. FOR LMD 2 PARKWAY PASEO AND MEDIAN ISLAND LANDSCAPE AND IRRIGATION MAINTENANCE. RECOMMENDATION: Staff recommends the City Council award and authorize the execution of a contract for "LMD 2 Parkway Paseo and Median Island Landscape and Irrigation Maintenance" with Landscape West Management Services, Inc. of Anaheim, California, effective May 1, 2020 for a fourteen (14) month term with an option to renew in one (1) year increments up to a total of six (6) additional years, in an amount not to exceed $195,800 for the remainder of FY 2019/2020, an amount not to exceed $1,226,680 for FY 2020/2021, and an estimated $9,884,570 over seven years, contingent upon approval of the FY 2020/2021 and future budgets. BACKGROUND: The Public Works Services Department and the Procurement Division routinely issue requests for proposals to ensure vendor services remain competitive. Currently LMDs 1, 2, 4R, and 5 are maintained under a single contract which was awarded on March 21, 2012. Having an area this large maintained under a single contract can pose issues with contract management, compliance, and oversight. In an effort to foster greater contractor accountability and more accurate cost information for individual districts; this contract has been broken up into three separate RFPs. The two larger districts (LMDs 2 and 4R) were each bid separately, and the smaller districts (LMDs 1 and 5) were combined for the third. Public Works staff updated the "LMD 2 Parkway Paseo and Median Island Landscape and Irrigation Maintenance" specifications to include newer terminology, service specification changes, and better compliance language. With these changes to the scope of service, rebidding this contract brings it more in line with current requirements and fund resources, while providing the best value for the community. The new scope of services for this contract includes, but is not limited to, the inclusion of basic tree maintenance, more attention to landscape restoration and enhancement projects, a stronger emphasis on meeting completion dates and improved supervision. The updated specifications were submitted to the Procurement Division to prepare a formal Request for Proposal (RFP). The Procurement Division prepared and posted RFP #19/20-012 for LMD 2 Parkway Paseo and Median Island Landscape and Irrigation Maintenance. There were two hundred and sixty-nine (269) notified vendors; twenty-eight (28) prospective bidders downloaded or viewed the Page 86 bid package, and there were five (5) responses received. ANALYSIS: An Evaluation Committee consisting of City staff conducted a thorough analysis of the RFP responses and scored and ranked the five (5) responsive proposals in accordance with the RFP evaluation criteria listed in Table 1. Cost is just one factor in the evaluation of RFP responses, therefore the low bidder will not necessarily be awarded a contract. Table 1. Evaluation Criteria for Written Proposals Criteria Weight Vendor Expertise 10% Quality of proposed services or goods 15% Extent to which the Vendors services or goods meet the City's needs 15% Vendor's history and resources available to provide the required services. 15% Experience and professional qualifications of staff 15% Understanding of the Scope of Work 20% Cost 10% Table 2. Vendor Ranking for Written Proposals Rank Vendor Score 1 Landscape West Management Services, Inc. 67 1 Mariposa Landscapes, Inc. 67 3 Terracare Associates 61 4 Merchants Landscape Services 57 5 Brightview Landscape Services 45 The top three (3) highest ranked vendors, as identified above, were invited to be interviewed and given an opportunity to present additional information to enhance their proposal submittals. Vendors were evaluated and rated based on their presentation and responses to pre -determined questions from the Evaluation Committee. Table 3. Vendor Interview Ranking Rank Vendor Score 1 Landscape West 94 2 Mariposa 84 3 Terra Care 78 Landscape West Management Services, Inc. of Anaheim, California received the highest overall rating and was determined to be the most responsive contractor providing the best value while meeting the scope of services and specifications required. Therefore, staff recommends City Council award a contract to Landscape West Management Services, Inc., effective May 1, 2020 for a fourteen (14) month term, with an option to renew in one (1) year increments up to a total of six (6) additional years, in an amount not to exceed $195,800 for the remainder of FY 2019/2020, an amount not to exceed $1,226,680 for FY 2020/2021, and an estimated $9,884,570 over seven years, contingent upon approval of the FY 2020/2021 and future budgets. The chart below has been prepared to illustrate the estimated annual funding requirements for the full contract term. Please note, this is only an estimate and the amounts below could vary. Page 87 Fiscal Year Prior Year Costs Est. Annual Increase (4%) Total Costs 2019/2020 $195,800 2020/2021 $1,226,680 2021/2022 $1,226,680 $49,070 $1,275,750 2022/2023 $1,275,750 $51,030 $1,326,780 2023/2024 $1,326,780 $53,080 $1,379,860 2024/2025 $1,379,860 $55,200 $1,435,060 2025/2026 $1,435,060 $57,410 $1,492,470 2026/2027 $1,492,470 $59,700 $1,552,170 Grand Total $9,884,570 FISCAL IMPACT: The contract price for routine monthly maintenance will increase 3% compared to the current contract for FY 2019/2020. The price increase reflects the current cost of providing "A" level service in LIVID 2 based on the proposals received. The new contract rates are within the proposed contract services budget line items in account 1131303-5300 for FY 2020/2021. COUNCIL GOAL(S) ADDRESSED: This item addresses the City Council's goal of Enhancing Premier Community Status by ensuring that Landscape Maintenance District 2 is maintained in a healthy and proper horticultural condition. A properly managed landscape maintenance district is a valuable asset providing aesthetically pleasing living and healthy environments for today's community and future generations to come. ATTACHMENTS: Description Contract RANCHO CUCAMONGA Attachment I - Contract CITY OF RANCHO CUCAMONGA PUBLIC WORKS SERVICES DEPARTMENT CONTRACT LANDSCAPE WEST MANAGEMENT SERVICES, INC. LMD 2 PARKWAY, PASEO AND MEDIAN ISLAND LANDSCAPE AND IRRIGATION MAINTENANCE (RFP 19/20-012) AWARD DATE: March 18, 2020 Page 89 AGREEMENT FOR PROFESSIONAL SERVICES THIS AGREEMENT is made and entered into this 18" day of March 2020, by and between the City of Rancho Cucamonga, a municipal corporation ("City") and Landscape West Management Services, Inc., a landscape maintenance contractor ("Contractor"). RECITALS A. City has heretofore issued its request for proposals to perform the following services: LMD 2 Parkway, Paseo and Median Island Landscape and Irrigation Maintenance (RFP 19/20-012) ("the Project"). B. Contractor has submitted a proposal to perform the services described in Recital "A", above, necessary to complete the Project. C. City desires to engage Contractor to complete the Project in the manner set forth and more fully described herein. D. Contractor represents that it is fully qualified and licensed under the laws of the State of California to perform the services contemplated by this Agreement in a good and professional manner. AGREEMENT NOW, THEREFORE, in consideration of performance by the parties of the mutual promises, covenants, and conditions herein contained, the parties hereto agree as follows: 1. Contractor's Services. 1.1 Scope and Level of Services. Subject to the terms and conditions set forth in this Agreement, City hereby engages Contractor to perform all services described in Recitals "A" and `B" above, including, but not limited to landscape and irrigation maintenance; all as more fully set forth in RFP 19/20-012, attached hereto as Exhibit A, Contractor's proposal, dated September 17, 2019 attached hereto as Exhibit B, and Schedule of Lump Sum and Unit Costs attached hereto as Exhibit C, hereinafter entitled "Scope of Work", and incorporated by reference herein. The nature, scope, and level of the services required to be performed by Contractor are set forth in the Scope of Work and are referred to herein as "the Services." In the event of any inconsistencies between the Scope of Work and this Agreement, the terms and provisions of this Agreement shall control. 1.2 Revisions to Scope of Work. Upon request of the City the Contractor will promptly meet with City staff to discuss any revisions to the Project desired by the City. Contractor agrees that the Scope of Work may be amended based upon said meetings, and, by Vendor Initials PSA without professional liability insurance (contractor) Page 1 Last Revised: 05/22/14 Page 90 amendment to this Agreement, the parties may agree on a revision or revisions to Contractor's compensation based thereon. A revision pursuant to this Section that does not increase the total cost payable to Contractor by more than ten percent (10%) of the total compensation specified in Section 3, may be approved in writing by City's Manager without amendment. 1.3 Time for Performance. Contractor shall perform all services under this Agreement in a timely, regular basis consistent with industry standards for professional skill and care, and in accordance with any schedule of performance set forth in the Scope of Work, or as set forth in a "Schedule of Performance", if such Schedule is attached hereto as Exhibit "N/A". 1.4 Standard of Care. As a material inducement to City to enter into this Agreement, Contractor hereby represents that it has the experience necessary to undertake the services to be provided. In light of such status and experience, Contractor hereby covenants that it shall follow the customary professional standards in performing the Services. 1.5 Familiarity with Services. By executing this Agreement, Contractor represents that, to the extent required by the standard of practice, Contractor (a) has investigated and considered the scope of services to be performed, (b) has carefully considered how the services should be performed, and (c) understands the facilities, difficulties and restrictions attending performance of the services under this Agreement. Contractor represents that Contractor, to the extent required by the standard of practice, has investigated any areas of work, as applicable, and is reasonably acquainted with the conditions therein. Should Contractor discover any latent or unknown conditions, which will materially affect the performance of services, Contractor shall immediately inform City of such fact and shall not proceed except at Contractor's risk until written instructions are received from the City Representative. 2. Term of Agreement. The term of this Agreement shall become effective as of the date of the mutual execution by way of both party's signature (the "Effective Date") through June 30, 2021. No work shall be conducted; service or goods will not be provided until this Agreement has been executed and requirements have been fulfilled. Parties to this Agreement shall have the option to renew in one (1) year increments to a total of six (6) additional years, unless sooner terminated as provided in Section 14 herein. Prior to entering into an agreement for an annual extension the Contractor may request a Cost of living Increase in an amount not to exceed the increase in the March index of the Consumer Price Index All Urban Consumers for the Riverside -San Bernardino -Ontario, California area published by the U.S. Department of Labor, Bureau of Labor Statistics. Options to renew are contingent upon the City Manager's approval, subject to pricing review, and in accordance to all Terms and Conditions stated herein unless otherwise provided in writing by the City. 3. Compensation. 3.1 Compensation. City shall compensate Contractor as set forth in Exhibit C, provided, however, that full, total and complete amount payable to Contractor shall not exceed $195,800 (one hundred ninety five thousand, eight hundred dollars) for services during the City's Vendor Initials PSA without professional liability insurance (contractor) Page 2 Last Revised: 05/22/14 Page 91 fiscal year ending June 30, 2020, and shall not exceed $1,226,680 (one million, two hundred twenty six thousand, six hundred and eighty dollars) for services during the City's fiscal year ending June 30, 2021, including all out of pocket expenses, unless additional compensation is approved by the City Manager or City Council. City shall not withhold any federal, state or other taxes, or other deductions. However, City shall withhold not more than ten percent (10%) of any invoice amount pending receipt of any deliverables reflected in such invoice. Under no circumstance shall Contractor be entitled to compensation for services not yet satisfactorily performed. The parties further agree that compensation may be adjusted in accordance with Section 1.2 to reflect subsequent changes to the Scope of Services. City shall compensate Contractor for any authorized extra services as set forth in Exhibit C. 4. Method of Payment. 4.1 Invoices. Contractor shall submit to City monthly invoices for the Services performed pursuant to this Agreement. The invoices shall describe in detail the Services rendered during the period and shall separately describe any authorized extra services. Any invoice claiming compensation for extra services shall include appropriate documentation of prior authorization of such services. All invoices shall be remitted to the City of Rancho Cucamonga, California. 4.2 City shall review such invoices and notify Contractor in writing within ten (10) business days of any disputed amounts. 4.3 City shall pay all undisputed portions of the invoice within thirty (30) calendar days after receipt of the invoice up to the not -to -exceed amounts set forth in Section 3. 4.4 All records, invoices, time cards, cost control sheets and other records maintained by Contractor relating to services hereunder shall be available for review and audit by the City. 5. Representatives. 5.1 City Representative. For the purposes of this Agreement, the contract administrator and City representative shall be William Wittkopf, Public Works Services Director, or such other person as designated in writing by the City ("City Representative"). It shall be Contractor's responsibility to assure that the City Representative is kept informed of the progress of the performance of the services, and Contractor shall refer any decisions that must be made by City to the City Representative. Unless otherwise specified herein, any approval of City required hereunder shall mean the approval of the City Representative. 5.2 Contractor Representative. For the purposes of this Agreement, Michael Garibay, President, is hereby designated as the principal and representative of Contractor Vendor Initials PSA without professional liability insurance (contractor) Page 3 Last Revised: 05/22/14 Page 92 authorized to act in its behalf with respect to the services specified herein and make all decisions in connection therewith ("Contractor's Representative"). It is expressly understood that the experience, knowledge, capability and reputation of the Contractor's Representative were a substantial inducement for City to enter into this Agreement. Therefore, the Contractor's Representative shall be responsible during the term of this Agreement for directing all activities of Contractor and devoting sufficient time to personally supervise the services hereunder. Contractor may not change the Responsible Principal without the prior written approval of City. 6. Contractor's Personnel. 6.1 All Services shall be performed by Contractor or under Contractor's direct supervision, and all personnel shall possess the qualifications, permits, and licenses required by State and local law to perform such Services, including, without limitation, a City business license as required by the City's Municipal Code. 6.2 Contractor shall be solely responsible for the satisfactory work performance of all personnel engaged in performing the Services and compliance with the standard of care set forth in Section 1.4. 6.3 Contractor shall be responsible for payment of all employees' and subcontractors' wages and benefits, and shall comply with all requirements pertaining to employer's liability, workers' compensation, unemployment insurance, and Social Security. By its execution of this Agreement, Contractor certifies that it is aware of the provisions of Section 3700 of the California Labor Code that require every employer to be insured against liability for Worker's Compensation or to undertake self-insurance in accordance with the provisions of that Code, and agrees to comply with such provisions before commencing the performance of the Services. 6.4 Contractor shall indemnify, defend and hold harmless City and its elected officials, officers and employees, servants, designated volunteers, and agents serving as independent contractors in the role of City officials, from any and all liability, damages, claims, costs and expenses of any nature to the extent arising from Contractor's violations of personnel practices and/or any violation of the California Labor Code. City shall have the right to offset against the amount of any fees due to Contractor under this Agreement any amount due to City from Contractor as a result of Contractor's failure to promptly pay to City any reimbursement or indemnification arising under this Section 6. 7. Ownership of Work Product. 7.1 Ownership. All documents, ideas, concepts, electronic files, drawings, photographs and any and all other writings, including drafts thereof, prepared, created or provided by Contractor in the course of performing the Services, including any and all intellectual and proprietary rights arising from the creation of the same (collectively, "Work Product"), are considered to be "works made for hire" for the benefit of the City. Upon payment being made, and provided Contractor is not in breach of this Agreement, all Work Product shall be and remain Vendor Initials PSA without professional liability insurance (contractor) Page 4 Last Revised: 05/22/14 Page 93 the property of City without restriction or limitation upon its use or dissemination by City. Basic survey notes, sketches, charts, computations and similar data prepared or obtained by Contractor under this Agreement shall, upon request, be made available to City. None of the Work Product shall be the subject of any common law or statutory copyright or copyright application by Contractor. In the event of the return of any of the Work Product to Contractor or its representative, Contractor shall be responsible for its safe return to City. Under no circumstances shall Contractor fail to deliver any draft or final designs, plans, drawings, reports or specifications to City upon written demand by City for their delivery, notwithstanding any disputes between Contractor and City concerning payment, performance of the contract, or otherwise. This covenant shall survive the termination of this Agreement. City's reuse of the Work Product for any purpose other than the Project, shall be at City's sole risk. 7.2. Assignment of Intellectual Property Interests: Upon execution of this Agreement and to the extent not otherwise conveyed to City by Section 7. 1, above, the Contractor shall be deemed to grant and assign to City , and shall require all of its subcontractors to assign to City, all ownership rights, and all common law and statutory copyrights, trademarks, and other intellectual and proprietary property rights relating to the Work Product and the Project itself, and Contractor shall disclaim and retain no rights whatsoever as to any of the Work Product, to the maximum extent permitted by law. City shall be entitled to utilize the Work Product for any and all purposes, including but not limited to constructing, using, maintaining, altering, adding to, restoring, rebuilding and publicizing the Project or any aspect of the Project. 7.3 Title to Intellectual Property. Contractor warrants and represents that it has secured all necessary licenses, consents or approvals to use any instrumentality, thing or component as to which any intellectual property right exists, including computer software, used in the rendering of the Services and the production of the Work Product and/or materials produced under this Agreement, and that City has full legal title to and the right to reproduce any of the Work Product. Contractor shall defend, indemnify and hold City, and its elected officials, officers, employees, servants, attorneys, designated volunteers, and agents serving as independent contractors in the role of City officials, harmless from any loss, claim or liability in any way related to a claim that City's use is violating federal, state or local laws, or any contractual provisions, relating to trade names, licenses, franchises, patents or other means of protecting intellectual property rights and/or interests in products or inventions. Contractor shall bear all costs arising from the use of patented, copyrighted, trade secret or trademarked documents, materials, software, equipment, devices or processes used or incorporated in the Services and materials produced under this Agreement. In the event City's use of any of the Work Product is held to constitute an infringement and any use thereof is enjoined, Contractor, at its expense, shall: (a) secure for City the right to continue using the Work Product by suspension of any injunction or by procuring a license or licenses for City; or (b) modify the Work Product so that it becomes non- infringing. This covenant shall survive the termination of this Agreement. 8. Status as Independent Contractor. Contractor is, and shall at all times remain as to City, a wholly independent contractor. Contractor shall have no power to incur any debt, obligation, or liability on behalf of City or otherwise act as an agent of City. Neither City nor any of its agents shall have control over the conduct of Contractor or any of Contractor's employees, Vendor Initials PSA without professional liability insurance (contractor) Page 5 Last Revised: 05/22/14 Page 94 except as set forth in this Agreement. Contractor shall not, at any time, or in any manner, represent that it or any of its officers, agents or employees are in any manner employees of City. Contractor shall pay all required taxes on amounts paid to Contractor under this Agreement, and to defend, 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. Contractor shall fully comply with the workers' compensation law regarding Contractor and Contractor's employees 9. Confidentiality. Contractor may have access to financial, accounting, statistical, and personnel data of individuals and City employees. Contractor covenants that all data, documents, discussion, or other information developed or received by Contractor or provided for performance of this Agreement are confidential and shall not be disclosed by Contractor without prior written authorization by City. City shall grant such authorization if applicable law requires disclosure. All City data shall be returned to City upon the termination of this Agreement. Contractor's covenant under this Section shall survive the termination of this Agreement. This provision shall not apply to information in whatever form that is in the public domain, nor shall it restrict the Contractor from giving notices required by law or complying with an order to provide information or data when such an order is issued by a court, administrative agency or other legitimate authority, or if disclosure is otherwise permitted by law and reasonably necessary for the Contractor to defend itself from any legal action or claim. 10. Conflict of Interest. 10.1 Contractor covenants that it presently has no interest and shall not acquire any interest, direct or indirect, which may be affected by the Services, or which would conflict in any manner with the performance of the Services. Contractor further covenants that, in performance of this Agreement, no person having any such interest shall be employed by it. Furthermore, Contractor shall avoid the appearance of having any interest, which would conflict in any manner with the performance of the Services. Contractor shall not accept any employment or representation during the term of this Agreement which is or may likely make Contractor "financially interested" (as provided in California Government Code §§1090 and 87 100) in any decision made by City on any matter in connection with which Contractor has been retained. 10.2 Contractor further represents that it has not employed or retained any person or entity, other than a bona fide employee working exclusively for Contractor, to solicit or obtain this Agreement. Contractor has not paid or agreed to pay any person or entity, other than a bona fide employee working exclusively for Contractor, any fee, commission, gift, percentage, or any other consideration contingent upon the execution of this Agreement. Upon any breach or violation of this warranty, City shall have the right, at its sole and absolute discretion, to terminate this Agreement without further liability, or to deduct from any sums payable to Contractor hereunder the full amount or value of any such fee, commission, percentage or gift. 10.3 Contractor has no knowledge that any officer or employee of City has any interest, whether contractual, noncontractual, financial, proprietary, or otherwise, in this Vendor Initials PSA without professional liability insurance (contractor) Page 6 Last Revised: 05/22/14 Page 95 transaction or in the business of Contractor, and that if any such interest comes to the knowledge of Contractor at any time during the term of this Agreement, Contractor shall immediately make a complete, written disclosure of such interest to City, even if such interest would not be deemed a prohibited "conflict of interest" under applicable laws as described in subsection 10.1. 11. Indemnification. 11.1 To the maximum extent permitted by law, the Contractor shall defend, indemnify and hold the City, and its elected officials, officers, employees, servants, volunteers, and agents serving as independent contractors in the role of City officials, (collectively, "Indemnitees"),free and harmless with respect to any and all damages, liabilities, losses, reasonable defense costs or expenses (collectively, "Claims"), including but not limited to Claims relating to death or injury to any person and injury to any property, which arise out of, pertain to, or relate to the acts, omissions, activities or operations of Contractor or any of its officers, employees, subcontractors, Contractors, or agents in the performance of this Agreement. Contractor shall defend Indemnitees in any action or actions filed in connection with any such Claims with counsel of City's choice, and shall pay all costs and expenses, including actual attorney's fees and experts' costs incurred in connection with such defense. The indemnification obligation herein shall not in any way be limited by the insurance obligations contained in this Agreement provided, however, that the Contractor shall have no obligation to indemnify for Claims arising out of the sole negligence or willful misconduct of any of the Indemnitees. 11.2 Nonwaiver of Rights. Indemnitees do not, and shall not, waive any rights that they may possess against Contractor because of the acceptance by City, or the deposit with City, of any insurance policy or certificate required pursuant to this Agreement. 11.3 Waiver of Right of Subrogation. Except as otherwise expressly provided in this Agreement, Contractor, on behalf of itself and all parties claiming under or through it, hereby waives all rights of subrogation against the Indemnitees, while acting within the scope of their duties, from all claims, losses and liabilities arising out of or incident to activities or operations performed by or on behalf of the Contractor. 11.4 Survival. The provisions of this Section 1 I shall survive the termination of the Agreement and are in addition to any other rights or remedies which Indemnitees may have under the law. Payment is not required as a condition precedent to an Indemnitee's right to recover under this indemnity provision, and an entry of judgment against Contractor shall be conclusive in favor of the Indemnitee's right to recover under this indemnity provision. 12. Insurance. 12.1 Liability Insurance. Contractor shall procure and maintain in full force and effect for the duration of this Agreement, insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the services Vendor Initials PSA without professional liability insurance (contractor) Page 7 Last Revised: 05/22/14 Page 96 hereunder by Contractor, and/or its agents, representatives, employees or subcontractors. 12.2 Minimum Scope of Insurance. Unless otherwise approved by City, coverage shall be at least as broad as: (1) Insurance Services Office Commercial General Liability coverage (occurrence form CG 0001). (2) Insurance Services Office form number CA 0001 (Ed. 1/87) covering Automobile Liability, code 1 (any auto). (3) Worker's Compensation insurance as required by the State of California, and Employer's Liability Insurance. 12.3 Minimum Limits of Insurance. Contractor shall maintain limits no less than: (1) Commercial General Liability: $2,000,000 per occurrence for bodily injury, personal injury and property damage. Commercial General Liability Insurance or other form with a general aggregate limit shall apply separately to this Agreement or the general limit shall be twice the required occurrence limit. (2) Automobile Liability: $2,000,000 per accident for bodily injury and property damage. (3) Employer's Liability: $1,000,000 per accident and in the aggregate for bodily injury or disease and Workers' Compensation Insurance in the amount required by law. (4) The Insurance obligations under this Agreement shall be the greater of (i) the Insurance coverages and limits carried by the Contractor; or (ii) the minimum Insurance coverages and limits shown in this Agreement. Any insurance proceeds in excess of the specified limits and coverage required which are applicable to a given loss, shall be available to the City. No representation is made that the minimum Insurance requirements of this Agreement are sufficient to cover the obligations of the Contractor under this agreement. 12.4 Deductibles and Self -Insured Retentions. Any deductibles or self- insured retentions must be declared to and approved by the City and shall not reduce the limits of coverage. City reserves the right to obtain a full certified copy of any required insurance policy and endorsements. PSA without professional liability insurance (contractor) Last Revised: 05/22/14 Vendor Initials Page 8 Page 97 12.5 Other Insurance Provisions. (1) The commercial general liability and automobile liability policies are to contain the following provisions on a separate additionally insured endorsement naming the City, its officers, officials, employees, designated volunteers and agents serving as independent contractors in the role of City officials, as additional insureds as respects: liability arising out of activities performed by or on behalf of Contractor; products and completed operations of Contractor; premises owned, occupied or used by Contractor; and/or automobiles owned, leased, hired or borrowed by Contractor. The coverage shall contain no limitations on the scope of protection afforded to City, its officers, officials, employees, designated volunteers or agents serving as independent contractors in the role of City officials which are not also limitations applicable to the named insured. (2) For any claims related to this Agreement, Contractor's insurance coverage shall be primary insurance as respects City, its officers, officials, employees, designated volunteers and agents serving as independent contractors in the role of City officials. Any insurance or self-insurance maintained by City, its officers, officials, employees, designated volunteers or agents serving as independent contractors in the role of City officials shall be in excess of Contractor's insurance and shall not contribute with it. (3) Contractor's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. (4) Contractor shall provide immediate written notice if (1) any of the required insurance policies is terminated; (2) the limits of any of the required polices are reduced; (3) or the deductible or self- insured retention is increased. In the event of any cancellation or reduction in coverage or limits of any insurance, Contractor shall forthwith obtain and submit proof of substitute insurance. Should Contractor fail to immediately procure other insurance, as specified, to substitute for any canceled policy, the City may procure such insurance at Contractor's sole cost and expense. (5) Each insurance policy required by this clause shall expressly waive the insurer's right of subrogation against City, its elected officials, officers, employees, servants, attorneys, designated volunteers, and agents serving as independent contractors in the role of City officials. PSA without professional liability insurance (contractor) Last Revised: 05/22/14 Vendor Initials Page 9 Page 98 (6) Each policy shall be issued by an insurance company approved in writing by City, which is admitted and licensed to do business in the State of California and which is rated ANII or better according to the most recent A.M. Best Co. Rating Guide. (7) Each policy shall specify that any failure to comply with reporting or other provisions of the required policy, including breaches of warranty, shall not affect the coverage required to be provided. (8) Each policy shall specify that any and all costs of adjusting and/or defending any claim against any insured, including court costs and attorneys' fees, shall be paid in addition to and shall not deplete any policy limits. (9) Contractor shall provide any and all other insurance, endorsements, or exclusions as required by the City in any request for proposals applicable to this Agreement. 12.6 Evidence of coverage. Prior to commencing performance under this Agreement, the Contractor shall furnish the City with certificates and original endorsements, or copies of each required policy, effecting and evidencing the insurance coverage required by this Agreement including (1) Additional Insured Endorsement(s), (2) Worker's Compensation waiver of subrogation endorsement, and (3) General liability declarations or endorsement page listing all policy endorsements. The endorsements shall be signed by a person authorized by the insurer(s) to bind coverage on its behalf. All endorsements or policies shall be received and approved by the City before Contractor commences performance. If performance of this Agreement shall extend beyond one year, Contractor shall provide City with the required policies or endorsements evidencing renewal of the required policies of insurance prior to the expiration of any required policies of insurance. 12.7 Contractor agrees to include in all contracts with all subcontractors performing work pursuant to this Agreement, the same requirements and provisions of this Agreement including the indemnity and insurance requirements to the extent they apply to the scope of any such subcontractor's work. Contractor shall require its subcontractors to be bound to Contractor and City in the same manner and to the same extent as Contractor is bound to City pursuant to this Agreement, and to require each of its subcontractors to include these same provisions in its contract with any sub -subcontractor. 13. Cooperation. In the event any claim or action is brought against City relating to Contractor's performance or services rendered under this Agreement, Contractor shall render any reasonable assistance and cooperation that City might require. City shall compensate Contractor for any litigation support services in an amount to be agreed upon by the parties. 14. Termination. City shall have the right to terminate this Agreement at any time for any or no reason on not less than ten (10) days prior written notice to Contractor. In the event City exercises its right to terminate this Agreement, City shall pay Contractor for any services Vendor Initials PSA without professional liability insurance (contractor) Page 10 Last Revised: 05/22/14 Page 99 satisfactorily rendered prior to the effective date of the termination, provided Contractor is not then in breach of this Agreement. Contractor shall have no other claim against City by reason of such termination, including any claim for compensation. City may terminate for cause following a default remaining uncured more than five (5) business days after service of a notice to cure on the breaching party. Contractor may terminate this Agreement for cause upon giving the City D ten (10) business days prior written notice for any of the following: (1) uncured breach by the City of any material term of this Agreement, including but not limited to Payment Terms; (2) material changes in the conditions under which this Agreement was entered into, coupled with the failure of the parties to reach accord on the fees and charges for any Additional Services required because of such changes. 15. Notices. Any notices, bills, invoices, or reports authorized or required by this Agreement shall be in writing and shall be deemed received on (a) the day of delivery if delivered by hand or overnight courier service during Contractor's and City's regular business hours; or (b) on the third business day following deposit in the United States mail, postage prepaid, to the addresses set forth in this Section, or to such other addresses as the parties may, from time to time, designate in writing pursuant to the provisions of this Section. All notices shall be addressed as follows: If to City: William Wittkopf City of Rancho Cucamonga Public Works Services Department 8794 Lion Street Rancho Cucamonga, CA 91730 If to Contractor: Michael Garibay, President Landscape West Management Services, Inc. 1234 North Blue Gum Street Anaheim, CA 92806 16. Non -Discrimination and Equal Employment Opportunity. In the performance of this Agreement, Contractor shall not discriminate against any employee, subcontractor, or applicant for employment because of race, color, creed, religion, sex, marital status, national origin, ancestry, age, physical or mental handicap, medical condition, or sexual orientation. Contractor will take affirmative action to ensure that subcontractors and applicants are employed, and that employees are treated during employment, without regard to their race, color, creed, religion, sex, marital status, national origin, ancestry, age, physical or mental handicap, medical condition, or sexual orientation. 17. Assignment and Subcontracting. Contractor shall not assign or transfer any interest in this Agreement or subcontract the performance of any of Contractor's obligations hereunder without City's prior written consent. Except as provided herein, any attempt by Vendor Initials PSA without professional liability insurance (contractor) Page 11 Last Revised: 05/22/14 Page 100 Contractor to so assign, transfer, or subcontract any rights, duties, or obligations arising hereunder shall be null, void and of no effect. 18. Compliance with Laws. Contractor shall comply with all applicable federal, state and local laws, ordinances, codes and regulations in force at the time Contractor performs the Services. Contractor is aware of the requirements of California Labor Code Section 1720, et seq., and 1770, et seq., as well as California Code of Regulations, Title 8, Section 16000, et seq., ("Prevailing Wage Laws"), which require the payment of prevailing wage rates and compliance with other requirements on "public works" and "maintenance" projects. If the Services are being performed as part of an applicable "public works" or "maintenance" project, as defined by the Prevailing Wage Laws, and if the total compensation is $1,000 or more, Contractor agrees to fully comply with such Prevailing Wage Laws. The applicable prevailing wage rate determinations can be found at http://www.dir.ca.gov/dlsr/DPreWageDetermination.htm Contractor shall make copies of the prevailing rates of per diem wages for each craft, classification or type of worker needed to execute the Services, available to interested parties upon request, and shall post copies at the Contractor's principal place of business and at the Project site. Contractor shall defend, indemnify and hold the City, its elected officials, officers, employees and agents free and harmless from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws. 19. Non -Waiver of Terms, Rights and Remedies. Waiver by either party of any one or more of the conditions of performance under this Agreement shall not be a waiver of any other condition of performance under this Agreement. In no event shall the making by City of any payment to Contractor constitute or be construed as a waiver by City of any breach of covenant, or any default which may then exist on the part of Contractor, and the making of any such payment by City shall in no way impair or prejudice any right or remedy available to City with regard to such breach or default. 20. Attorney's Fees. In the event that either party to this Agreement shall commence any legal 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 of experts. 21. Exhibits; Precedence. All documents referenced as exhibits in this Agreement are hereby incorporated in this Agreement. In the event of any material discrepancy between the express provisions of this Agreement and the provisions of any document incorporated herein by reference, the provisions of this Agreement shall prevail. 22. Applicable Law and Venue. The validity, interpretation, and performance of this Agreement shall be controlled by and construed under the laws of the State of California. Venue for any action relating to this Agreement shall be in the San Bernardino County Superior Court. 23. Construction. In the event of any asserted ambiguity in, or dispute regarding the interpretation of any matter herein, the interpretation of this Agreement shall not be resolved by any rules of interpretation providing for interpretation against the party who causes the Vendor Initials PSA without professional liability insurance (contractor) Page 12 Last Revised: 05/22/14 Page 101 uncertainty to exist or against the party who drafted the Agreement or who drafted that portion of the Agreement. 24. Entire Agreement. This Agreement consists of this document, and any other documents, attachments and/or exhibits referenced herein and attached hereto, each of which is incorporated herein by such reference, and the same represents the entire and integrated agreement between Contractor and City. This Agreement supersedes all prior oral or written negotiations, representations or agreements. This Agreement may not be amended, nor any provision or breach hereof waived, except in a writing signed by the parties which expressly refers to this Agreement. IN WITNESS WHEREOF, the parties, through their respective authorized representatives, have executed this Agreement as of the date first written above. Contractor Name: Landscape West Management Services, Inc. By: Name IN Title Name Date Date Title (two signatures required if corporation) PSA without professional liability insurance (contractor) Last Revised: 05/22/14 City of Rancho Cucamonga By: Name Title Date Vendor Initials Page 13 Page 102 ATTACHMENTS • Attachment A — Sample Additional Insured Endorsement, Ongoing Operations • Attachment B — Sample Additional Insured Endorsement, Completed Operations • Attachment C — Sample Waiver of Subrogation PSA without professional liability insurance (contractor) Last Revised: 05/22/14 Vendor Initials Page 14 Page 103 Attachment A — Sample Additional Insured Endorsement, Ongoing Operations POLICY NUMBER:— COMMERCIAL GENERAL LIABILITY CG 20 10 10 01 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - SCHEDULED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name of Person or Organization: The City of Rancho Cucamonga, It's Officers, Officials, Employees, designated Volunteers and agents serving as independent contractors in the role of City Officials. (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) A. Section II — Who Is An Insured is amended to (1) All work, including materials, parts or include as an insured the person or organization equipment furnished in connection with shown in the Schedule, but only with respect to such work, on the project (other than liability arising out of your ongoing operations per- service, maintenance or repairs) to be formed for that insured. performed by or on behalf of the addi- B. With respect to the insurance afforded to these tional insured(s) at the site of the cov- additional insureds, the following exclusion is ered operations has been completed, added: or 2. Exclusions This insurance does not apply to ''bodily in- jury" or "property damage'' occurring after: CG 20 10 10 01 PSA without professional liability insurance (contractor) Last Revised: 05/22/14 (2) That portion of ''your work'' out of which the injury or damage arises has been put to its intended use by any person or organization other than another con- tractor or subcontractor engaged in performing operations for a principal as a part of the same project. © ISO Properties, Inc., 2000 Page 1 of 1 ❑ Vendor Initials Page 15 Page 104 Attachment B — Sample Additional Insured Endorsement, Completed Operations POLICY NUMBER:— COMMERCIAL GENERAL LIABILITY CG 20 37 10 01 r1on, IPs=10PBID] :RI=IMIN 0119101onU10N *11No, I =I0614[WA»MT-1=IN=F_1oil r111100041114WIN ADDITIONAL INSURED — OWNERS, LESSEES OR CONTRACTORS — COMPLETED OPERATIONS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name of Person or Organization: The City of Rancho Cucamonga, It's Officers, Officials, Employees, designated Volunteers and agents serving as independent contractors in the role of City officials. Attn: Public Works 10500 Civic Center Dr. Rancho Cucamonga, CA 91730 Location And Description of Completed Operations: Additional Premium: Included (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) Section II — Who Is An Insured is amended to include as an insured the person or organization shown in the Schedule, but only with respect to liability arising out of "your work'' at the location designated and described in the schedule of this endorsement performed for that insured and included in the ''products -completed operations ha- zard''. CG 20 37 10 01 © ISO Properties, Inc., 2000 Page 1 of 1 PSA without professional liability insurance (contractor) Last Revised: 05/22/14 Vendor Initials Page 16 Page 105 Attachment C — Sample Waiver of Subrogation POLICY NUMBER. COMMERCIAL GENERAL LIABILITY CG 24 04 10 93 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name of Person or Organization: City of Rancho Cucamonga and its elected officials, officers, employees, servants, attorneys, designated volunteers, and agents serving as independent contractors in the role of City officials. (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) The TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US Condition (Section IV — COMMERCIAL GENERAL LIABILITY CONDITIONS) is amended by the addition of the following: We waive any right of recovery we may have against the person or organization shown in the Schedule above because of payments we make for injury or damage arising out of your ongoing operations or "your work'' done under a contract with that person or organization and included in the ''products -completed operations hazard". This waiver applies only to the person or organization shown in the Schedule above. CG 24 04 10 93 Copyright, Insurance Services Office, Inc., 1992 Page 1 of 1 ❑ PSA without professional liability insurance (contractor) Last Revised: 05/22/14 Vendor Initials Page 17 Page 106 SCOPE OF WORK Scope of Work Contents: • Exhibit A — RFP 19/20-012 • Exhibit B — Contractor's proposal, dated September 17, 2019 • Exhibit C — Unit Costs PSA without professional liability insurance (contractor) Last Revised: 05/22/14 Vendor Initials Page 18 Page 107 Exhibit B - RFP 19/20-012 RANCHO CUCAMONGA REQUEST FOR PROPOSAL ("RFP") #19/20-012 FOR LIVID 2 PARKWAY, PAESO & MEDIAN ISLAND LANDSCAPE & IRRIGATION MAINTENANCE City of Rancho Cucamonga Procurement Division 10500 Civic Center Drive Rancho Cucamonga, California 91730 Page 108 City of Rancho Cucamonga Request for Proposal ("RFP") #19/20-012 for LIVID 2 Parkway, Paseo & Median Island Landscape & Irrigation Maintenance Table of Contents 1. OVERVIEW............................................................................................................................................ 6 1.1. GENERAL BACKGROUND............................................................................................................................. 6 1.2. PROPOSAL DELIVERY AND SCHEDULE OF EVENTS............................................................................................. 6 1.3. DISCREPANCIES OR OMISSIONS.................................................................................................................... 7 1.4. CONTINGENCIES........................................................................................................................................ 7 1.5. QUESTIONS AND CLARIFICATIONS................................................................................................................. 7 1.6. DISPOSITION OF MATERIAL AND CONFIDENTIAL OR PROPRIETARY INFORMATION ................................................. 7 1.7. BRAND NAMES......................................................................................................................................... 8 1.8. KNOWLEDGE OF REQUIREMENTS.................................................................................................................. 8 1.9. RESERVATION OF RIGHTS............................................................................................................................ 8 1.10. CALIFORNIA'S PUBLIC RECORDS ACT............................................................................................................. 9 2. MINIMUM REQUIREMENTS............................................................................................................... 10 2.1. BUSINESS LICENSE.................................................................................................................................... 10 2.2. PREVAILING WAGES................................................................................................................................. 10 2.3. REPRESENTATIVES.................................................................................................................................... 10 2.4. EMPLOYEE CONDUCT................................................................................................................................ 11 3. RFP RESPONSE FORMAT AND SUBMISSION REQUIREMENTS........................................................... 12 3.1. COVER LETTER/ INTRODUCTION................................................................................................................ 12 3.2. TABLE OF CONTENTS................................................................................................................................ 12 3.3. EXECUTIVE SUMMARY.............................................................................................................................. 12 3.4. EXPERIENCE............................................................................................................................................ 12 3.5. THIRD-PARTY/SUBCONTRACTORS............................................................................................................. 13 3.6. STAFF BIOGRAPHIES................................................................................................................................. 13 3.7. PROPOSAL RESPONSE............................................................................................................................... 13 3.8. EXHIBITS A THROUGH H............................................................................................................................ 14 3.9. NON -DISCLOSURE CONFLICT OF INTEREST.................................................................................................... 14 3.10. PROFESSIONAL SERVICE AGREEMENT.......................................................................................................... 14 3.11. ACKNOWLEDGEMENT OF INSURANCE.......................................................................................................... 14 Page 2 of 54 Page 109 City of Rancho Cucamonga Request for Proposal ("RFP") #19/20-012 for LIVID 2 Parkway, Paseo & Median Island Landscape & Irrigation Maintenance 3.12. ADDENDUM ACKNOWLEDGEMENT.............................................................................................................. 14 3.13. DEBARMENT AND SUSPENSION.................................................................................................................. 15 3.14. PARTICIPATION CLAUSE............................................................................................................................ 15 3.15. SIGNATURE OF AUTHORITY........................................................................................................................ 15 3.16 COMPANY REFERENCES............................................................................................................................. 15 3.17 LINE ITEM PRICING................................................................................................................................... 15 4. SCOPE OF WORK................................................................................................................................. 16 4.1. GENERAL PROJECT DESCRIPTION................................................................................................................ 16 4.2. CONTRACTOR'S LICENSE............................................................................................................................ 16 4.3. COMPETENCY OF VENDOR......................................................................................................................... 17 4.4. CONTRACT TERM..................................................................................................................................... 17 4.5. BONDS................................................................................................................................................... 17 4.6. SUPERVISION AND STAFF........................................................................................................................... 17 4.7. PREVAILING WAGE.................................................................................................................................. 18 4.8. COMMUNICATIONS.................................................................................................................................. 18 4.9. NON -RESPONSIVENESS OF CONTRACTOR..................................................................................................... 18 4.10. SERVICE LEVELS....................................................................................................................................... 19 4.11. SCHEDULING OF WORK............................................................................................................................. 19 4.12. UNDERGROUND SERVICE ALERT................................................................................................................. 20 4.13. MEASUREMENT AND PAYMENT.................................................................................................................. 20 4.14. EXAMINATION OF PLANS, SPECIFICATION, AND SITE OF WORK........................................................................ 21 4.15. WORK SITES........................................................................................................................................... 21 4.16. ADDITIONS............................................................................................................................................. 21 4.17. DELETIONS............................................................................................................................................. 22 4.18. QUALITY OF WORK.................................................................................................................................. 22 4.19. INSPECTIONS........................................................................................................................................... 22 4.20. REPLACEMENT OF LANDSCAPE MATERIALS & CITY PROPERTY.......................................................................... 22 4.21. UTILITY BILLS.......................................................................................................................................... 22 4.22. CONFORMING TO STATE AND FEDERAL GUIDELINES FOR STORMWATER POLLUTION PREVENTION .......................... 23 Page 3 of 54 Page 110 City of Rancho Cucamonga Request for Proposal ("RFP") #19/20-012 for LIVID 2 Parkway, Paseo & Median Island Landscape & Irrigation Maintenance 4.23. PERMITS................................................................................................................................................ 23 4.24. WORK AREA TRAFFIC CONTROL................................................................................................................. 23 4.24.1. TRAFFIC CONTROL PERMIT.................................................................................................................... 23 4.24.2. SIGNS, BARRICADES, AND DELINEATORS.................................................................................................. 23 4.24.3. TRAINING........................................................................................................................................... 24 4.25. ROUTINE MAINTENANCE........................................................................................................................... 24 4.25.1. TURF MAINTENANCE............................................................................................................................ 24 4.25.2. SHURB, GROUNDCOVER, DECOMPOSED GRANITE DG) AND VINE MAINTENANCE ............................................ 27 4.25.2.1. SHRUB MAINTENANCE...................................................................................................................... 27 4.25.2.2. GROUND COVER MAINTENANCE......................................................................................................... 27 4.25.2.3. DECOMPOSED GRANITE (DG)............................................................................................................ 28 4.25.2.4. VINE MAINTENANCE......................................................................................................................... 29 4.25.2.5. TREE MAINTENANCE......................................................................................................................... 30 4.25.3. IRRIGATION MAINTENANCE................................................................................................................... 32 4.25.3.1. GENERAL........................................................................................................................................32 4.25.4. SHRUB BEDS & PLANTER AREAS............................................................................................................. 34 4.25.5. TURF AREAS....................................................................................................................................... 34 4.25.6. NEW PLANT MATERIALS....................................................................................................................... 34 4.25.7. REPAIRS AND REPLACEMENT.................................................................................................................. 35 4.25.8. LANDSCAPE WATER MANAGER/AUDITOR............................................................................................... 35 4.25.9. PEST CONTROL.................................................................................................................................... 36 4.25.10. DRAINS..............................................................................................................................................38 4.25.11. CLEAN-UP..........................................................................................................................................38 4.25.12. PLANTER WOOD CHIP MAINTENANCE..................................................................................................... 39 4.25.13. HARDSCAPE MAINTENANCE.................................................................................................................. 39 4.25.14. TRAIL MAINTENANCE........................................................................................................................... 40 4.25.15. MULCHSCAPE MAINTENANCE................................................................................................................ 40 4.25.16. TRASH RECEPTACLE MAINTENANCE........................................................................................................ 41 4.25.17. STROM DEBRIS CLEANUP...................................................................................................................... 41 Page 4 of 54 Page 111 City of Rancho Cucamonga Request for Proposal ("RFP") #19/20-012 for LIVID 2 Parkway, Paseo & Median Island Landscape & Irrigation Maintenance 4.26. EXTRA WORK.......................................................................................................................................... 42 S. EVALUATION AND VENDOR SELECTION PROCESS................................................................................ 43 5.1. INITIAL SCREENING................................................................................................................................... 43 5.2. EVALUATION ACTIVITIES........................................................................................................................... 43 5.3. COST EVALUATION................................................................................................................................... 43 5.4. REFERENCE CHECKS.................................................................................................................................. 44 S.S. DEMONSTRATIONS/ INTERVIEWS............................................................................................................... 44 5.6. FINANCIAL DOCUMENTATION.................................................................................................................... 44 5.7. BEST AND FINAL OFFER............................................................................................................................. 45 5.8. VENDOR SELECTION................................................................................................................................. 45 5.9. LETTER OF INTENT TO AWARD.................................................................................................................... 45 "EXHIBIT A" CITY OF RANCHO CUCAMONGA CONFLICT OF INTEREST/NON-DISCLOSURE STATEMENT ......... 46 "EXHIBIT B" PROFESSIONAL SERVICES AGREEMENT EXCEPTIONS SUMMARY .............................................. 47 "EXHIBIT C" ACKNOWLEDGMENT OF INSURANCE REQUIREMENTS AND CERTIFICATION OF ABILITY TO PROVIDE AND MAINTAIN COVERAGES SPECIFIED..................................................................................... 48 "EXHIBIT D" ADDENDUM ACKNOWLEDGEMENT........................................................................................ 49 "EXHIBIT E" DEBARMENT and SUSPENSION CERTIFICATION FORM............................................................. 50 "EXHIBIT F" PARTICIPATION CLAUSE.......................................................................................................... 51 "EXHIBIT G" SIGNATURE OF AUTHORITY.................................................................................................... 52 "EXHIBIT H" REFERENCES WORKSHEET...................................................................................................... 53 Page 5 of 54 Page 112 City of Rancho Cucamonga Request for Proposal ("RFP") #19/20-012 for LIVID 2 Parkway, Paseo & Median Island Landscape & Irrigation Maintenance 1. OVERVIEW 1.1. GENERAL BACKGROUND The City of Rancho Cucamonga (hereinafter "City") is inviting qualified Vendors to submit a proposal response for Request for Proposals "RFP" #19/20-012 for LIVID 2 Parkways, Paseo and Median Island Landscape and Irrigation Maintenance in accordance with the minimum Scope of Services and Appendices indicated herein. Vendors wishing to participate in the RFP solicitation must be registered as a Vendor on the City Vendor List. Vendors wishing to participate in the RFP solicitation must be registered as a Vendor on the City Vendor List. Vendor registration can be accomplished by visiting the City website at https://www.citvofrc.us/citvhall/admin/purchasing division/Vendors.asp. Only those responses received from registered Vendors will be accepted. Responses must be submitted by the named Vendor that has downloaded the RFP; this information is indicated in the bid system and provides the ability to tabulate the responses in accordance to the named Vendors. Submitting a response under a Vendor name that does not appear to be on the Prospective Bidders list will be deemed as non-responsive and disqualify said response from further consideration. 1.2. PROPOSAL DELIVERY AND SCHEDULE OF EVENTS Complete RFP responses must be received electronically via Planet Bids prior to the due date and time specified in the below Schedule of Events. Please note, there will be no paper responses accepted. The City shall not be responsible for any delays by transmission errors. Schedule of Events Event Description Date & Time Post RFP August 19, 2019 Questions Due September 3, 2019, by 9:00 am Addendum Issued September 5, 2019 RFP Response Due Date September 19, 2019, by 9:00 am (The City reserves the right to change schedule of events without prior notice or responsibility to Vendor.) Page 6 of 54 Page 113 City of Rancho Cucamonga Request for Proposal ("RFP") #19/20-012 for LIVID 2 Parkway, Paseo & Median Island Landscape & Irrigation Maintenance 1.3. DISCREPANCIES OR OMISSIONS Vendors finding discrepancies or omissions in the RFP or having any doubts as to the meaning or intent of any part thereof shall submit such questions or concerns in writing electronically via Planet Bids. No responsibility will be accepted for oral instructions. Addenda issued in correspondence to this RFP shall be considered a part of this RFP and shall become part of any final Contract that may be derived from this RFP. 1.4. CONTINGENCIES This RFP should not be considered as a Contract to purchase goods or services but is a Request for Proposal in accordance with the Terms and Conditions herein and will not necessarily give rise to a Contract. Completion of this RFP form and its associated appendices are a requirement. Failure to do so may disqualify your RFP response submittal. Vendors must submit signed RFP responses by the due date and time as specified herein. Vendors will be considered non-responsive if the above requirements are not submitted as requested. If only one RFP response is received, the City reserves the right to reject the response and re -bid the RFP. Any Scope of Services, Contingencies, Special Instruction and/or Terms and Conditions applicable to this RFP and any Purchase Order derived thereafter shall be effective as of the issue date of Purchase Order (the "Effective Date"), and shall remain in full force and effect until sixty (60) days after the City has accepted the work in writing and has made final payment, unless sooner terminated by written agreement signed by both parties. 1.5. QUESTIONS AND CLARIFICATIONS All questions or clarification requests must be submitted directly through the City's bid system no later than the due date and time indicated in the above Schedule of Events. Answers and/or clarifications will be provided in the form of an Addendum and will be posted for download from the City's bid system in accordance with the above "Schedule of Events". From the issuance date of this RFP until a Vendor is awarded, Vendors are not permitted to communicate with any City staff or officials regarding this procurement, other than during interviews, demonstrations, and/or site visits, except at the direction of Ruth Cain, CPPB, Procurement Manager, the designated representative of the City of Rancho Cucamonga. 1.6. DISPOSITION OF MATERIAL AND CONFIDENTIAL OR PROPRIETARY INFORMATION All materials submitted in response to the RFP solicitation will become the property of the City and will be returned only at the City's option and at the expense of the Vendor submitting the RFP response. A copy of the RFP response will be retained for official files and become a public record. Any material that a Vendor considers Page 7 of 54 Page 114 City of Rancho Cucamonga Request for Proposal ("RFP") #19/20-012 for LMD 2 Parkway, Paseo & Median Island Landscape & Irrigation Maintenance as confidential but does not meet the disclosure exemption requirements of the California Public Records Act should not be included in the Vendor's RFP response as it may be made available to the public. If a Vendor's RFP response contains material noted or marked as confidential and/or proprietary that, in the City's sole opinion, meets the disclosure exemption requirements, then that information will not be disclosed pursuant to a written request for public documents. If the City does not consider such material to be exempt from disclosure, the material may be made available to the public, regardless of the notation or markings. If a Vendor is unsure if its confidential and/or proprietary material meets disclosure exemption requirements, then it should not include such information in its RFP response because such information may be disclosed to the public. 1.7. BRAND NAMES Any reference to brand names and/or numbers in the solicitation is intended to be descriptive, but not restrictive, unless otherwise specified. RFB responses offering equivalent items meeting the standards of quality specified may be considered, unless other specified, providing the RFB response clearly describes the article offered and how it differs from the referenced brand. Unless a Vendor specifies otherwise, it is understood that the Vendor is offering a referenced brand item as specified in the solicitation. The City/RCFPD reserves the right to determine whether a substitute offer is equivalent to and meets the standards of quality indicated by the brand name references, and the City/RCFPD may require the supply of additional descriptive material and a sample. 1.8. KNOWLEDGE OF REQUIREMENTS The Vendor shall carefully review all documents referenced and made a part of the solicitation document to ensure that all information required to properly respond has been submitted or made available and all requirements are priced in the RFP response. Failure to examine any documents, drawings, specifications, or instructions will be at the Vendor's sole risk. Vendors shall be responsible for knowledge of all items and conditions contained in their RFP responses and in this RFP, including any City issued clarifications, modifications, amendments, or addenda. The City will provide notice of any changes and clarifications to perspective Vendors by way of addenda to the City's website; however, it is the Vendor's responsibility to ascertain that the RFP response includes all addenda issued prior to the RFP due date. 1.9. RESERVATION OF RIGHTS The issuance of this RFP does not constitute an agreement by the City that any contract will be entered by the City. The City expressly reserves the right at any time to: Page 8 of 54 Page 115 City of Rancho Cucamonga Request for Proposal ("RFP") #19/20-012 for LMD 2 Parkway, Paseo & Median Island Landscape & Irrigation Maintenance • Waive or correct any defect or informality in any response, RFP, or RFP procedure. • Reject any or all RFPs. • Reissue a Request for RFPs. • Priorto submission deadline for RFPs, modify all or any portion of the selection procedures, including deadlines for accepting responses, the specifications or requirements for any materials, equipment or services to be provided under this RFP, or the requirements for contents or format of the RFPs. • The City recognizes that price is only one of several criteria to be used in judging a product or service, and the City is not legally bound to accept the lowest RFP response. • The City reserves the right to conduct pre -award discussions and/or pre -Contract negotiations with any or all responsive and responsible Vendors who submit RFP responses. • Procure any materials, equipment or services specified in this RFP by any other means. • Determine that no project will be pursued. • The City reserves the right to inspect the Vendor's place of business prior to award or at any time during the contract term or any extension thereof, to determine the Vendor's capabilities and qualifications. 1.10. CALIFORNIA'S PUBLIC RECORDS ACT The City of Rancho Cucamonga complies with the California Public Records Act, Government Code Section 6253. (a) Public records are open to inspection always during the office hours of the state or local agency and every person has a right to inspect any public record, except as hereafter provided. Any reasonably segregable portion of a record shall be available for inspection by any person requesting the record after deletion of the portions that are exempted by law. Neither an RFP in its entirety, nor proposed prices shall be considered confidential and proprietary. Notwithstanding the foregoing, companies are hereby notified that all materials submitted in response to this RFP are subject to California's Public Records Act. The City's receipt, review, evaluation or any other act or omission concerning any such information shall not create an acceptance by the City or any obligation or duty to prevent the disclosure of any such information except as required by Government Code Section 6253. Companies who submit information they believe should be exempt from disclosure under the Public Records Act shall clearly mark each document as confidential, proprietary or exempt, and state the legal basis for the exemption with supporting citations to the California Code. Pursuant to California Law, if the information is requested under the Public Records Act, the City shall make a final determination if any exemption exists for the City to deny the request and prevent disclosure. The City will withhold such information from public Page 9 of 54 Page 116 City of Rancho Cucamonga Request for Proposal ("RFP") #19/20-012 for LMD 2 Parkway, Paseo & Median Island Landscape & Irrigation Maintenance disclosure under the Public Records Act only if the City determines, in its sole discretion, that there is a legal basis to do so. 2. MINIMUM REQUIREMENTS 2.1. BUSINESS LICENSE The selected Vendor awarded a Contract shall be required to obtain a Rancho Cucamonga Business License no later than five (5) business days from notification of award prior to being issued a Purchase Order. Awarded Vendor must possess and maintain all appropriate licenses/certifications necessary in the performance of duties required under this RFP and will provide copies of licenses/certifications immediately upon request throughout the term of the Contract. 2.2. PREVAILING WAGES Where labor is required for public work as a part of any requirement covered by this RFP, pursuant to the provisions of the Labor Code of the State of California, Vendor(s) shall pay no less than those minimum wages. 2.3. REPRESENTATIVES Should the awarded Vendor require the services of a third -party to complete the Scope of Services indicated in this RFP, the awarded Vendor will not assign, transfer, convey or otherwise dispose of the contract or its right, title or interest in or to the same, or any part thereof. Any attempt by the awarded Vendor to so assign, transfer, or subcontract any rights, duties, or obligations arising hereunder shall be null, void and of no effect. The awarded Vendor shall be solely responsible for the satisfactory work performance of all personnel engaged in performing the Services including Vendors subcontractor. All Services shall be performed by the awarded Vendor or under the awarded Vendor's direct supervision, and all personnel shall possess the qualifications, permits, and licenses required by state and local law to perform such services. The awarded Vendor shall be responsible for payment of all employees' and subcontractors' wages and benefits and shall comply with all requirements pertaining to employer's liability, workers' compensation, unemployment insurance, and Social Security. By its execution of this Agreement, Vendor certifies that it is aware of the provisions of Section 3700 of the California Labor Code that require every employer to be insured against liability for Worker's Compensation or to undertake self-insurance in accordance with the provisions of that Code and agrees to comply with such provisions before commencing the performance of the services. In case of default by the Vendor, the City may take the following actions which shall include but not be limited to; cancellation of any purchase order, procurement of the articles or service from other sources and may deduct from unpaid balance due to the Vendor, or may bill for excess costs so paid, and the prices paid by the Page 10 of 54 Page 117 City of Rancho Cucamonga Request for Proposal ("RFP") #19/20-012 for LIVID 2 Parkway, Paseo & Median Island Landscape & Irrigation Maintenance City shall be considered the prevailing market prices paid at the time such purchase is made, withholding of payment until final resolution. Cost of transportation, handling, and/or inspection on deliveries, or Vendors for delivery, which do not meet specifications, will be for the account of the Vendor. City Representative: For the purposes of this Agreement, the contract administrator and City's representative shall be , or such other person as designated in writing by City ("City's Representative"). It shall be the Vendor's responsibility to assure that City's Representative is kept informed of the progress of the performance of the services, and the Vendor shall refer any decisions that must be made by City to City Representative. Unless otherwise specified herein, any approval of City required hereunder shall mean the approval of the City Representative. Vendor Representative: For the purposes of this Agreement, is hereby designated as the representative of the successful Vendor authorized to act in its behalf with respect to the services specified herein and make all decisions in connection therewith ("Vendor's Representative"). It is expressly understood that the experience, knowledge, capability and reputation of the Vendor's Representative were a substantial inducement for City to enter into this Agreement. Therefore, the Vendor's Representative shall be responsible during the term of this Agreement for directing all activities of Vendor and devoting enough time to personally supervise the services hereunder. The successful Vendor may not change the Vendor's Representative without the prior written approval of City's Representative. 2.4. EMPLOYEE CONDUCT All Vendor personnel must observe all City regulations in effect at the location where the Services are being conducted. While on City property, the Vendor's personnel shall be subject to oversight by City staff. Under no circumstances shall the Vendor's or Vendor's sub -contractor personnel be deemed as employees of the City. Vendor or Vendor's subcontractor personnel shall not represent themselves to be employees of the City. Vendor's personnel will always make their best efforts to be responsive, polite, and cooperative when interacting with representatives of the City, or any other City employees. The Vendor's personnel shall be required to work in a pleasant and professional manner with City employees, outside Vendors and the public. Nothing contained in this RFP shall be construed as granting the Vendor the sole right to supply personal or contractual services required by the City or without the proper City approval and the issuance of a Purchase Order. Page 11 of 54 Page 118 City of Rancho Cucamonga Request for Proposal ("RFP") #19/20-012 for LIVID 2 Parkway, Paseo & Median Island Landscape & Irrigation Maintenance 3. RFP RESPONSE FORMAT AND SUBMISSION REQUIREMENTS Completion of this RFP form and its associated Exhibits are a requirement. To be considered responsive and evaluate RFP responses fairly and completely Vendors must comply with the format and submission requirements set out in this RFP, and provide all information requested. Failure to comply with this instruction will deem said RFP response as non-responsive and will not receive further consideration in the evaluation process. If only one RFP response is received, the City reserves the right to discard the response, re -bid or proceed with an RFP review and negotiations. RFP responses are due on the date and time indicated in the above schedule of events. Submittals shall be submitted electronically via Planet Bids; no paper RFP responses will be accepted. RFP responses must include the following information and in the exact order and format as shown. 3.1. COVER LETTER/ INTRODUCTION RFP responses must include the complete name and address of Vendor and the name, mailing address, and telephone number of the contact person regarding the RFP response. A signature by an authorized representative must be included on each RFP response. Said signature will be considered confirmation of the Vendors ability and willingness to comply with all provisions stated herein. 3.2. TABLE OF CONTENTS The Table of Contents must be a comprehensive listing of the contents included in your RFP response. This section must include a clear definition of the material, exhibits and supplemental information identified by sequential page numbers and by section reference numbers. Each section of the RFP response will be separated by a title page at the beginning of each section. 3.3. EXECUTIVE SUMMARY The Executive Summary shall condense and highlight the contents of the Vendor's RFP response to provide the Evaluation Committee with a broad understanding of the Vendor's approach, proposal, experience and staffing. 3.4. EXPERIENCE The Vendor shall provide a concise statement demonstrating the Vendor's qualifications, experience, expertise and capability to perform the requirements of this RFP. Provide a brief history of your company, including; • The number of years in business, • The firm's service commitment to customers, Page 12 of 54 Page 119 City of Rancho Cucamonga Request for Proposal ("RFP") #19/20-012 for LMD 2 Parkway, Paseo & Median Island Landscape & Irrigation Maintenance • If the firm is involved in any pending litigation that may affect its ability to provide its proposed solution or ongoing maintenance or support of its products and services. • A statement as to whether your firm is an individual proprietorship, partnership, corporation, or private nonprofit firm, and the date your company was formed or incorporated. 3.5. THIRD -PARTY / SUBCONTRACTORS If the Vendor intends to subcontract, a detailed list of any sub -contractors, partners, or third -party Vendors who will be involved in the implementation of the proposed services including but not limited to: • Description of the Vendor's experience with each of the proposed subcontractors, • Three (3) customer references for each subcontractor to include references names, addresses, and telephone numbers, for products and services like those described in this RFP, • Describe the specific role of each. 3.6. STAFF BIOGRAPHIES Submit the resumes of the individuals who will be performing the services for the City. Resumes shall be formatted in the following order: • Position with the Company, • Length of time with the Company, • Licenses, registrations and certifications as required by law to perform the Scope of Work described herein, • Educational background, • Role in the Project, • Experience with the minimum requirements stated herein, • Work history on similar or like projects with the other municipalities. 3.7. PROPOSAL RESPONSE Under this section Vendors shall provide a full, detailed response to the City's Scope of Services listed herein. Vendors should be as thorough as possible in their response as it may be the only opportunity to convey information regarding your business, ability and qualifications to complete the services needed. Page 13 of 54 Page 120 City of Rancho Cucamonga Request for Proposal ("RFP") #19/20-012 for LIVID 2 Parkway, Paseo & Median Island Landscape & Irrigation Maintenance 3.8. EXHIBITS A THROUGH H The following named Exhibits Athrough H are a requirement. All required exhibits must be complete and signed where required and submitted in the bid system under the Response Types, Exhibits A — H. 3.9. NON -DISCLOSURE CONFLICT OF INTEREST Specify any possible conflicts of interest with your current clients or staff members and the City. A signed "Exhibit A, Conflict of Interest and Non -Disclosure Agreement" included herein must be submitted under this section. 3.10. PROFESSIONAL SERVICE AGREEMENT In addition to the acceptance of the City's Terms and Conditions, the successful Vendor will be required to enter into a Professional Services Agreement ("PSA") with the City of Rancho Cucamonga, a "Sample" of which is attached in the City's bid system for review. All requirements of said PSA must be completed by the successful Vendor and signed by both applicable parties prior to any services being rendered. This RFP sets forth some of the general provisions which may be included in the final PSA. In submitting a response to this RFP, Vendor will be deemed to have agreed to each clause unless otherwise indicated in "Exhibit B, Professional Services Agreement Exceptions Summary" and the City agrees to either accept the objection or deviation or change the PSA language in writing. Failure to raise any objections at the time of this RFP response submittal will result in a waiver of objection to any of the contractual language in the PSA at any other time. The signed Exception Summary shall be included under this section of the RFP response. 3.11. ACKNOWLEDGEMENT OF INSURANCE Vendors must meet all insurance requirements as outlined in the Professional Services Agreement. Ability to comply with said requirements must be indicated with signature of "Exhibit C. Acknowledgement of Insurance Requirements and Certification of Ability to Provide and Maintain Coverages Specified", which must be submitted with the Bid under the Insurance tab. The awarded Vendor will be responsible for providing the required Certificates of Insurance and must be the Named Insured on the Certificates. Certificates of Insurance from any other entity other than the awarded Vendor, will not be accepted. 3.12. ADDENDUM ACKNOWLEDGEMENT The Vendor shall hereby acknowledge they have received all posted Addendums, if any. It is the Vendor's responsibility to log into the Bid System to identify and download the number of addenda that have been posted. Addenda issued in correspondence to this RFP shall be considered a part of this RFP and shall become part of any final Contract that may be derived from this RFP. Vendors must indicate their acknowledgement of any Addendums by way of signature on "Exhibit D, Addendum Acknowledgement" and must be included under this section of the RFP response. Page 14 of 54 Page 121 City of Rancho Cucamonga Request for Proposal ("RFP") #19/20-012 for LIVID 2 Parkway, Paseo & Median Island Landscape & Irrigation Maintenance 3.13. DEBARMENT AND SUSPENSION Bidding Vendors must verify by way of signature to "Exhibit E, Vendor Certification Form" that they are not listed on the governmentwide exclusions in the System for Award Management (SAM), in accordance with the guidelines under 2 CFR 200 that implement Executive Orders 12549 (3 CFR part 1986 Comp., p. 189) and 12689 (3 CFR part 1989 Comp., p. 235), and that neither Vendor nor any of its proposed subcontractors are tax delinquent with the State of California. The signed exhibit must be included under this section of the RFP response. 3.14. PARTICIPATION CLAUSE Vendors shall provide a completed "Exhibit F, Participation Clause", must be included with the Vendors RFP response. This will indicate a Vendors agreement to or not to allow other entities to utilize the RFP response and awarded contract as a piggyback option. 3.15. SIGNATURE OF AUTHORITY "Exhibit G", Signature of Authority must be included with the Vendor RFP response. Unsigned RFP responses will not be accepted. The Signature of Authority declares that the Vendor has carefully examined the instruction indicated herein including all terms and condition and specifications, and hereby proposes and agrees, if the Vendors RFP response is accepted, Vendor agrees to furnish all material in accordance with the instruction and specifications in the time and manner prescribed for the unit cost amounts set forth in the Vendors RFP response. 3.16. COMPANY REFERENCES Provide a minimum of four (4) references, preferably with other municipalities in which similar services are being performed. References must be for work performed or completed within the past three (3) years. "Exhibit H, Reference Worksheet", must be complete and uploaded into the Planet Bid system under the "Response Type" section identified as "Exhibit H". While the Reference Worksheet accompanies your RFP response it is not to be discussed in any other area of the RFP response other than the "Response Type" section in Planet Bids. 3.17. LINE ITEM PRICING Line item pricing for this RFP must be provided directly in the Planet Bids system under the "Line Items" tab. This pricing is not an estimate and is firm fixed price for each item listed. Vendors pricing quotes outside of the pricing listed in Planet Bids under the "Line Items" tab will not be accepted or considered for award. Any additional cost required should be noted in the additional cost line item and a summary of the cost provided in the notes section of the line item. While Line item pricing accompanies your RFP response it is not to be discussed in any other area of the RFP response other than the "Line Item" tab in Planet Bids. The City will not Page 15 of 54 Page 122 City of Rancho Cucamonga Request for Proposal ("RFP") #19/20-012 for LIVID 2 Parkway, Paseo & Median Island Landscape & Irrigation Maintenance be obligated to any estimated pricing or pricing not identified in the "Line Item" tab in Planet Bids. Failure to provide the required Line Item pricing in the required format will cause Vendors RFP response to be considered as non-responsive and be eliminated from proceeding any further in the process. Any questions or clarifications regarding how to correctly submit Line Item pricing should be submitted by the "Questions Due" date and time indicated in the schedule of events. 4. SCOPE OF WORK 4.1. GENERAL PROJECT DESCRIPTION The scope of work is complete, continuous, consistent and safe landscape and irrigation maintenance of the designated areas that are specified herein. During, and at the end of the contract period, all plant material shall be in a healthy, growing condition and all irrigation systems will be in the proper state of repair and adjustment. The contractor shall provide all equipment, labor and materials necessary for performing landscape and irrigation maintenance according to the specifications herein. The intent and purpose of this agreement is to provide a level of maintenance to the areas such that each will present a safe, pleasing, and desirable appearance within the limitations of the contracted service levels. The contractor agrees to maintain all the designated areas covered by this Agreement at such levels. The Public Works Services Director, or his designated representative, shall be the sole judge as to the adequacy and quality of maintenance. The work shall be done in accordance with "The 'Green Book' Standard Specifications for Public Works Construction" 2018 edition including subsequent amendments, supplements and/or additions. Copies are available from the publisher, Building News, Incorporated, 1612 So. Clementine Street, Anaheim, California, 92802, telephone (714) 517-0970. Where the Public Works Services Director is mentioned in these Special Provisions, it shall be noted that his designated representative may act in his behalf regarding administration of this agreement. 4.2. CONTRACTOR'S LICENSE Contractor shall possess any and all contractor's licenses, in form and class as required by any and all applicable laws with respect to any and all of the work to be performed under this contract; including, but not limited to, a Class A (General Engineering Contractor); or a Class C-27 (Landscape Contractor), C -61/D-49 (Tree Service Contractor) and Class C-31 (Construction Zone Traffic Control Contractor); in accordance with the provisions of Page 16 of 54 Page 123 City of Rancho Cucamonga Request for Proposal ("RFP") #19/20-012 for LMD 2 Parkway, Paseo & Median Island Landscape & Irrigation Maintenance the Contractor's License Law (California Business and Professions Code, Section 7000, et. seq.) and rules and regulations adopted pursuant thereto at the time this contract is awarded. 4.3. COMPETENCY OF VENDOR The bidder shall be licensed under the provisions of Chapter 9, Division 3, of the Business and Professions Code of the State of California to do the type of work contemplated in the contract and shall be skilled and regularly engaged in the general class or type of work called for under this contract. 4.4. CONTRACT TERM The Contract Term shall be from the date of mutual execution and shall remain in full force through June 30, 2021. Parties to any contract resulting from this RFP shall have the option to renew the Contract Term in one (1) year increments up to a total of five (5) additional years. 4.5. BONDS If a contract is awarded, the Contractor shall furnish a good and sufficient surety bond issued by a surety company authorized to do business in the State of California in the sum equal to 100% of the total award, conditioned for the Faithful Performance by the Contractor of all covenants, stipulations any agreements contained in said contract; in addition, the Contractor shall furnish a Labor and Materials Bond in a sum equal to 100% of the contract price, as required by the provisions of Section 9554 of the California Civil Code. 4.6. SUPERVISION AND STAFF The contractor shall assign a supervisor to be on site each working day, working regular working hours, for the duration of this contract. The contractor and his staff shall have skills, expertise, and experience in arboriculture, turf management, pest control, soils, fertilizers, plant identification and irrigation systems maintenance. The supervisor must be fluent in the English language. The supervisor shall be thoroughly knowledgeable of the General and Special Provisions of this contract. The contractor shall have on staff a full-time Water Auditor/Manager certified by the Irrigation Association (I.A.) or California Landscape Contractors Association (C.L.C.A.) as a Landscape Irrigation Auditor available to perform water audits, system checks, and irrigation scheduling as directed by the Public Works Services Director. (See 4.25.8 for an expanded description of responsibilities.) Page 17 of 54 Page 124 City of Rancho Cucamonga Request for Proposal ("RFP") #19/20-012 for LMD 2 Parkway, Paseo & Median Island Landscape & Irrigation Maintenance 4.7. PREVAILING WAGE Notice is hereby given that in accordance with the provisions of California Labor Code, Division 2, Part 7, Chapter 1, Articles 1 and 2, the Contractor is required to pay not less than the general prevailing rate of per diem wages for work of a similar character in the locality in which the public work is performed, and not less than the general prevailing rate of per diem wages for holiday and overtime work. In that regard, the Director of the Department of Industrial Relations of the State of California is required to and has determined such general prevailing rates of per diem wages. This contract is subject to compliance monitoring and enforcement by the Department of Industrial Relations. For all new contracts awarded on or after April 1, 2015, the contractors and subcontractors shall furnish electronic certified payroll records to the Labor Commissioner. Each Contractor or Subcontractor shall preserve his weekly payroll records for a period of three (3) years. The payroll records shall set out accurately and completely the name, address, social security number, occupational classification, and hourly wage rate of each employee, hours worked by him during the payroll period, and full weekly wages earned by him, any deductions made from such weekly wages, and the actual weekly wages paid to him. Such payroll records shall always be made available for inspection by the City or its authorized representatives. In addition to the foregoing payroll reporting and retention requirements, the Contractor and each of his subcontractors shall prepare payrolls on forms prescribed and in accordance with instructions furnished by the City. The Contractor shall deliver to the City a certified and legible copy of each payroll with the routine monthly invoices. 4.8. COMMUNICATIONS The Contractor shall provide a cellular telephone to each supervisor and water manager. Each supervisor and water manager shall always carry the telephone on his/her person during the workday for communication with the City representative. Each supervisor shall be on call 24 hours per day, seven days per week, for emergencies within the contract areas. 4.9. NON -RESPONSIVENESS OF CONTRACTOR Failure of the Contractor or the supervisors to respond immediately (within 1 hour) to the telephone notification by the Public Works Services Director of an emergency condition, or failure of the Contractor to respond within Page 18 of 54 Page 125 City of Rancho Cucamonga Request for Proposal ("RFP") #19/20-012 for LMD 2 Parkway, Paseo & Median Island Landscape & Irrigation Maintenance two days of written notification by the Public Works Services Director or his representative, shall give the Public Works Services Director the right to cause necessary work to be performed by City crews, or other contractors and any costs incurred in so doing shall be deducted from the payment for the month in which the work was performed. 4.10. SERVICE LEVELS Now, or in the future, the City may have severe budget constraints within one or more of the landscape maintenance districts (LMDs) to which this Contract applies. As a result, and at any time, the City may choose to contract for maintenance of the affected LMDs at less than the "A" service level for any, or all landscape services as described in Schedule III, Service Level Descriptions. In all cases, the Scope of Work described herein, Section 4, is considered the "A" service level, the highest level of quality. Schedule III modifies certain items, and only those certain items listed in Schedule III, to lower the cost of maintenance to meet the budget constraints. Service level "A" is included in Schedule III to enable the bidder to easily compare those items that are lessened from the "A" level, to service levels "B" or "C". 4.11. SCHEDULING OF WORK The Contractor shall accomplish all normal landscape maintenance required under this contract between the hours of 7:00 a.m. and 4:30 p.m., Monday through Friday. Exceptions may be made to normal working hours, where incidence of use may be too great during the hours specified to allow for proper maintenance. The Public Works Services Director or his representative may grant, on an individual basis, permission to perform contract maintenance at other hours including weekends. No maintenance functions that generate excess noise that would cause annoyance to residents of the area shall commence before 8:00 a.m. Monday through Saturday and 9:00 am on Sundays. Unless otherwise specified by the Public Works Services Director, the Contractor shall provide no less than weekly scheduled maintenance to each site and supply the City with a schedule of routine work (the Maintenance Schedule Chart) to be followed in the performance of any work required by these specifications. Any changes in scheduling shall be immediately reported, in writing, to the Public Works Services Director. The Public Works Services Director will be notified in writing at least 24 hours in advance of each start date of non -routine maintenance operations including, but not limited to, fertilization, chemical application and tree pruning. Page 19 of 54 Page 126 City of Rancho Cucamonga Request for Proposal ("RFP") #19/20-012 for LIVID 2 Parkway, Paseo & Median Island Landscape & Irrigation Maintenance 4.12. UNDERGROUND SERVICE ALERT The Contractor shall comply with the requirements of Assembly Bill 73. The law states that, "every person planning to conduct any excavation is required to contract a regional notification center at least 2 working days prior to excavation." Assembly Bill 73 defines excavation as, "any operation in which earth, rock, or other material in the ground is moved, removed, or otherwise displaced by means of tools, equipment, or explosives in any of the following ways: grading, trenching, digging, ditching, drilling, auguring, tunneling, scraping, cable or pipe lowing and driving, or any other way." The Contractor shall assume all liability incurred from any type of excavation performed at the worksite. 4.13. MEASUREMENT AND PAYMENT a) The Contractor will be paid monthly based upon the Schedule of Unit Cost and Lump Sum Amounts. b) The Estimated Annual Quantity given in the proposal is approximate, being given as a basis for the comparison of bids only, and the City does not, expressly or by implication, agree that the actual amount of work will correspond therewith, but reserves the right to increase or decrease the amount of any class or portion of the work, or to omit any portion of the work, as may be deemed advisable or necessary by the Public Works Services Director. c) Whenever the Contractor is required to perform work or furnish equipment, labor, tools and materials of any class for which no price is fixed in the Proposal, it shall be understood that such work, equipment, labor, tools and material shall be provided without extra charge, allowance, or direct payment of any kind. The cost of performing such work or furnishing such equipment, labor, tools and materials shall be included in the unit bid prices in the proposal and no additional compensation will be made therefore. d) On or about the first day of each month, the Contractor shall present an invoice for the previous month for the contracted monthly amount. The invoice shall include the account number for each LIVID and the purchase order number for this contract. e) Included with the monthly and/or material invoices will be notations of the work functions accomplished during that period that are other than routine operations such as fertilization in accordance with Schedule I, chemical application and tree clearance. The quantity invoiced and paid shall be the total square feet shown in the Bid except that the Public Works Services Director shall have the right to increase or decrease the total quantity based upon documented field measurements. f) The Public Works Services Director will make payment monthly after verification of completion. Sites which, in the opinion of the Public Works Services Director, have not been maintained in accordance with the Contract Special Provisions will be deducted from the monthly payment on a square foot basis Page 20 of 54 Page 127 City of Rancho Cucamonga Request for Proposal ("RFP") #19/20-012 for LIVID 2 Parkway, Paseo & Median Island Landscape & Irrigation Maintenance for the month. The amount deducted shall be the amount paid per month for the entire site. g) Extra work shall be separately invoiced in accordance with the hourly rates and unit prices provided in the supplementary "Extra Work Schedule" of the contract bid. h) Draft extra work reports per LIVID should be delivered to the Public Works Services Director prior to invoice preparation. The purpose of which is to expedite the invoicing and payment process, and to approve the work for completion and payment. 4.14. EXAMINATION OF PLANS, SPECIFICATION, AND SITE OF WORK Bidders must satisfy themselves by personal examination of the work site, plans, specifications, and other contract documents, and by any other means as they may believe necessary, as to the actual physical conditions, requirements and difficulties under which the work must be performed. No bidder shall at any time after submission of a proposal make any claim or assertion that there was any misunderstanding or lack of information regarding the nature or amount of work necessary for the satisfactory completion of the job. Any errors, omissions, or discrepancies found in the specifications, or other contract documents shall be called to the attention of the City and clarified prior to the submission of proposals. 4.15. WORK SITES MID 2: The boundaries of the District are generally described as that area of the City known as the Victoria Planned Community, which is generally bounded by the 210 Freeway on the north, Etiwanda Avenue on the east, Base Line Road on the south and Deer Creek Channel on the west. Additional sites are located in the area bounded by Base Line Road on the north, Day Creek channel on the west, Foothill Blvd. on the south and Etiwanda Ave. on the east, excluding the Victoria Gardens area. The site descriptions for LIVID 2 are in Schedule IV. Reference is also made to the Assessment Diagram included in these specifications. 4.16. ADDITIONS During the contract new parkways, paseos, and medians will be developed and may be added to this contract. The Contractor will be given no less than fifteen (15) calendar days' notice prior to any additions. Further, the Contractor may have the option of accompanying the City inspector on final inspection, prior to acceptance of the site, to comment about the condition of the site. Payment for maintenance of additional sites shall be based upon the Schedule of Unit Cost and Lump Sum Amounts and its supplement "Extra Work Schedule" of this Bid. Page 21 of 54 Page 128 City of Rancho Cucamonga Request for Proposal ("RFP") #19/20-012 for LIVID 2 Parkway, Paseo & Median Island Landscape & Irrigation Maintenance 4.17. DELETIONS At the Public Works Services Director's option, any contract areas may be deleted from the contract by notifying the Contractor in writing fifteen (15) calendar days prior to deletions from the Contract. 4.18. QUALITY OF WORK All work shall be performed in accordance with the service level for which the work is contracted and the best irrigation and landscape maintenance practices shall be implemented to provide aesthetically pleasing, healthy and safe parkways, paseos and medians. The Public Works Services Director or his representative shall be the sole judge as to the adequacy and quality of maintenance. All materials, equipment and supplies used to repair and maintain devises and materials pursuant to the specifications for LANDSCAPE AND IRRIGATION MAINTENANCE FOR LIVID 2 PARKWAYS, PASEOS AND MEDIANS shall meet current City standards for the individual landscape sites. 4.19. INSPECTIONS Scheduled on a specific day of the week and on a bi weekly basis, the Contractor or his representative will walk and/or drive the project with the Public Works Services Director or his representative for the purpose of determining compliance with the specifications or to discuss required work. Any specific problem area which does not meet the conditions of the specifications set forth herein shall be called to the attention of the Contractor and, if not corrected within a reasonable amount of time, shall be deducted in accordance with Section 4-13(f). 4.20. REPLACEMENT OF LANDSCAPE MATERIALS & CITY PROPERTY The Contractor shall be responsible for replacement of City property and any other items deemed necessary due to contractor negligence. This includes (but is not limited to) trees damaged by untrained and negligent equipment operators, fencing damaged by mower operator negligence, the failure of the contractor to provide water to a site where the irrigation cannot be repaired in a reasonable amount of time due to circumstances beyond their control. 4.21. UTILITY BILLS The City shall bear all the costs for water and electricity used on the sites covered by this contract as billed on the regular monthly invoices received by the City from the utility agencies. Page 22 of 54 Page 129 City of Rancho Cucamonga Request for Proposal ("RFP") #19/20-012 for LMD 2 Parkway, Paseo & Median Island Landscape & Irrigation Maintenance 4.22. CONFORMING TO STATE AND FEDERAL GUIDELINES FOR STORMWATER POLLUTION PREVENTION State and Federal guidelines for storm water pollution prevention are known as Best Management Practices (BMP's). These practices will help reduce groundwater contamination and pollution to our wetlands, beaches, and coastlines. Since Landscaping can and does contribute to storm water pollution, BMP guidelines taken from the California Storm Water Quality Association's Handbook are provided for the Contractor's reference. In addition, these BMP's shall be reviewed with any new employee before he begins work in the field, and with all crews on at least an annual basis. (See Appendix C) 4.23. PERMITS Prior to the start of any work, the Contractor shall obtain the applicable City permits and plan for City inspections. The City will issue the permits at no charge to the Contractor. The Contractor and all subcontractors shall each obtain a City business license and shall be licensed in accordance with State Business and Professions Code. The Contractor shall also obtain any and all other permits, licenses, inspections, certificates, or authorizations required by any governing body or entity. 4.24. WORK AREA TRAFFIC CONTROL 4.24.1. TRAFFIC CONTROL PERMIT The Contractor shall prepare a permit application for street CLOSURE AND SHALL ATTACH TWO COPIES OF THE PROPOSED TRAFFIC CONTROL signing, barricading and/or detour routing. The permit application and accompanying attachments shall be reviewed by the City Traffic Engineer. Upon the Traffic Engineer's approval, a no -fee Street Closure Permit shall be issued. No Street Closure, Lane Closure, Detour or other work requiring traffic control shall commence prior to issuance of said permit. 4.24.2. SIGNS, BARRICADES, AND DELINEATORS The Contractor shall provide and install barricades, delineators, warning devices and construction signs in accordance with the current California Joint Utility Traffic Control Manual (CJUTCM) published by the California Inter- Utility Coordinating Committee, the Work Area Traffic Control Handbook (WATCH) and the current Caltrans Manual of Traffic Controls for Construction and Maintenance Work Zones unless otherwise approved by the Engineer. During adverse weather or unusual traffic or working conditions additional traffic devices shall be placed as directed by the Engineer. Page 23 of 54 Page 130 City of Rancho Cucamonga Request for Proposal ("RFP") #19/20-012 for LIVID 2 Parkway, Paseo & Median Island Landscape & Irrigation Maintenance 4.24.3. TRAINING Upon award of the contract and before work can begin within the public right-of-way, the contractor shall provide written proof of work zone safety training of all supervisory staff. The contractor will be responsible for all work zone safety inspections and regular training of all staff setting up any traffic control. 4.25. ROUTINE MAINTENANCE See section 4-13(b) for information on payment for routine maintenance tasks not listed on the cost proposal sheet. 4.25.1. TURF MAINTENANCE a) Mowing All turf and adjacent hardscape areas are required to present a neat, clean, and relatively debris free appearance upon the completion of the mowing project for the day. Since this contract requires the use of mulching type mowers, this may require that accumulated debris including leaves, trash, tree bark, branches, twigs, etc. be removed from the turf and surrounding hardscape areas prior to mowing. All turf areas shall be mowed once per week during the period of March 1st to November 1st and at least once every other week, or as needed, during the period of November 1st to March 1st. Exact dates shall be set on the Maintenance Schedule Chart to provide 45 mowing's per year. Work shall be performed on the same day each week. Mowing days will be coordinated with the City so that, if possible, mowing occurs 1 day prior to street sweeping. Street sweeper schedules will be provided to the contractor by the City Representative. All mowing missed due to inclement weather shall be rescheduled within 3 working days on the weekly schedule and within 7 days on the biweekly schedule. If weather or ground conditions persist, the Public Works Services Director may change the annual schedule to allow fewer than 45 mowing per year. The Contractor shall use mulching -type mowers that are approved prior to use by the Public Works Services Director. An example of the completed work done by each mulching mower must be presented for approval to the Public Works Services Director. Regardless of the season, the mowing height of tall fescue shall be 2 to 3" unless directed otherwise by the Public Works Services Director. All equipment shall be well maintained, adjusted properly, and blades shall always be kept sharp . Page 24 of 54 Page 131 City of Rancho Cucamonga Request for Proposal ("RFP") #19/20-012 for LIVID 2 Parkway, Paseo & Median Island Landscape & Irrigation Maintenance b) Edging All turf grass borders shall be neatly and uniformly edged concurrently with every mowing. In addition to the required concurrent edging, an edger with a metal blade will be required for use on all turf grass borders at least once per month during the period of March 1 to November 1. Mechanical methods shall be used except where physically not possible or practical. Tree wells and valve boxes in turf areas shall be trimmed concurrently with each mowing. Trimming shall be done in a manner to prevent any damage to the tree trunk. "Arbor -Guards" or approved equal will in place at all times on all tree trunks 4" in diameter or less within turf areas. Bare -soil tree wells are required in all turf areas and shall be maintained by chemical, not mechanical means. c) Fertilization All turf areas shall be fertilized in accordance with Schedule I. All proposed changes in formulation shall be submitted to the Public Works Services Director for approval prior to use. Fertilizer shall be applied in such a manner as to insure uniform coverage with minimum overlap. Turf shall be free of moisture at the time of application. Application of the fertilizer shall be done in sections coinciding with the areas covered by the timing stations on the automatic controllers in order that the soil may be thoroughly moistened immediately after the broadcast of fertilizer. All damages resulting from the use of unauthorized fertilizers or improper watering after fertilization shall be repaired or replaced at the expense of the Contractor. d) Aeration Mechanically aerate all turf areas spring and fall or more often as needed to reduce compaction and stress. In areas where soil conditions are poor, top dressing may be required and would be considered an extra. Use a core type aerator with % inch tines or approved equal. The aeration period will be recorded on the Maintenance Schedule Chart and should be performed prior to scheduled fertilizing, dethatching, overseeding, or pre -emergent applications. Do not aerate for at least 3 months following turf pre -emergent applications or as directed on the pesticide label. Page 25 of 54 Page 132 City of Rancho Cucamonga Request for Proposal ("RFP") #19/20-012 for LIVID 2 Parkway, Paseo & Median Island Landscape & Irrigation Maintenance e) Dethatching Any turf areas in this contract may be required to be dethatched once per year during the fall prior to overseeding. Dethatching shall be accomplished by use of a "vertical cut type" dethatching machine. The degree of thatch removal will be determined by the Public Works Services Director or his representative prior to commencement of work. Dethatching will be recorded on the Maintenance Schedule Chart. Do not dethatch turf areas for at least 3 months following turf pre -emergent applications, or as directed on the pesticide label. Any areas requiring de -thatching shall NOT be billed as an extra. f) Overseeding All overseeding shall be done with a seed type or blend approved by the Public Works Services Director. The Contractor shall over seed where needed in such a manner as to insure uniform growth with minimum bare areas. One month prior to overseeding, the Contractor shall notify the Public Works Services Director for approval of scope of work. All overseeding operations shall be billed once completed as extra work. Overseeding will be scheduled either in early fall or early spring. Fertilization and overseeding will be concurrently applied. Grass seed shall be applied at the rate specified on the label for the type of seed being used. Seed quality shall meet the following criteria: Minimum purity shall be 98% weed free for all grasses; minimum germination rate shall be 85% for all grasses; no seed shall be applied without prior verification of seed mix and quality by the Public Works Services Director. Once seed has been applied, the contractor shall firm the soil and cover the seed with top dressing to prevent erosion and reduce evaporation of soil moisture. Pre -emergent herbicide applications shall be applied no sooner than three (3) mowings following seed germination. Overseeding shall not be done within at least four months of any pre -emergent herbicide application or as directed on the pesticide label — whichever length of time is greater. g) Weed Control A regular program of chemical application shall be used to control weed growth, supplemented by hand removal of noxious weeds in the turf as necessary. Page 26 of 54 Page 133 City of Rancho Cucamonga Request for Proposal ("RFP") #19/20-012 for LIVID 2 Parkway, Paseo & Median Island Landscape & Irrigation Maintenance Chemical control of broadleaf weeds shall be employed as often as necessary to maintain turf areas in a "Weed Free" condition. In addition, turf grass will be treated as follows: In both late February and in late May, a complete fertilizer plus Dimension (or Public Works Services Director approved equivalent pre - emergent crabgrass control herbicide) shall be applied to all turf areas. See Schedule I for complete details. Spray pattern indicators or dye markers shall not be used anywhere within this contract without the expressed written consent of the Public Works Services Director. 4.25.2. SHRUB, GROUNDCOVER, DECOMPOSED GRANITE DG) AND VINE MAINTENANCE 4.25.2.1. SHRUB MAINTENANCE a) All shrubs growing in the work areas shall be pruned, as required, to consistently maintain plants in a healthy, growing condition, and to maintain plant growth within reasonable bounds to prevent encroachment of passage ways, walks, adjacent properties, streets, view of signs, traffic or in any manner deemed objectionable by the Public Works Services Director. Dead or damaged limbs or branches shall be removed immediately, and all pruning cuts shall be made cleanly with sharp pruning tools, with no projections or stubs remaining. b) Pruning shall be done in a manner to permit plants to grow naturally in accordance with their normal growth characteristics. Shearing, hedging or severe pruning of plants, unless authorized by the Public Works Services Director or his representative, shall not be permitted. c) Shrubs shall be fertilized in Spring and Fall using triple fifteen with trace elements or approved equal. All other applications that may be requested by the Public Works Director shall be extra work. Fertilization periods shall be recorded on the Maintenance Schedule Chart. 4.25.2.2. GROUND COVER MAINTENANCE a) Trim ground cover adjacent to walks, walls, curbs, mow curbs and fences as required for general containment to consistently present a neat, clean appearance of the planter and surrounding hardscapes within the landscape site. b) All Sidewalks, mow curbs, boxes, etc. shall be edged completely with all remaining soil, groundcover and other debris removed completely off these surfaces. A flat shovel will often be required to conform with this specification. Page 27 of 54 Page 134 City of Rancho Cucamonga Request for Proposal ("RFP") #19/20-012 for LIVID 2 Parkway, Paseo & Median Island Landscape & Irrigation Maintenance c) Any paper, litter, or other debris including excessive pine needles or leaf litter that accumulates in ground cover areas shall be picked up on at least a weekly basis. d) Keep ground cover trimmed back from all controller units, valve boxes, quick couplers, or other appurtenances or fixtures. Do not allow ground covers to grow up trees, into shrubs, or on structures or walls. Keep it trimmed back approximately 4 inches from structures or walls. Coordinate trimming around base of shrubs/trees with the City Representative. e) Bare soil areas shall be replanted, mulched, or wood chipped as directed. Coordinate replanting/chipping with the City Representative. The contractor shall pay the costs to replant/mulch bare soil areas caused by contractor negligence. Negligence includes (but is not limited to) the failure to provide water to sites that cannot be repaired in a reasonable amount of time due to circumstances beyond the control of the contractor. f) Fertilize in accordance with the specifications for shrub maintenance in Section 4.25.2.1(c) g) Annually, at the direction of the City Representative, mow overgrown ground cover to a height of three (3) inches. h) The Contractor shall mechanically "bowl", as often as is required, around all irrigation heads that are blocked by ground cover. 4.25.2.3. DECOMPOSED GRANITE (DG) To reduce water use, maintenance and run-off some areas within this contract may currently (or in the future) contain relatively small areas of DG as a landscape element. These relatively low maintenance areas are contained within the landscape and do not include equestrian and walking trails. DG areas shall be inventoried and paid at the same monthly unit cost as groundcover. a) Any paper, litter, rocks, trash, or other debris that accumulates in these DG areas shall be picked up on at least a weekly basis. b) The Contractor shall provide complete and continuous control and/or eradication of all weeds, roots, suckers, and pests. Pests include, but are not limited to insects, other invertebrates, and rodents. Pests may be controlled by mechanical means as well as with chemicals. C) The contractor shall provide complete and continuous maintenance of all non -trail DG surfaces within Page 28 of 54 Page 135 City of Rancho Cucamonga Request for Proposal ("RFP") #19/20-012 for LMD 2 Parkway, Paseo & Median Island Landscape & Irrigation Maintenance the landscape at no additional cost to the City. Maintenance shall include but will not be limited to filling and compacting low areas, ruts, washed-out areas, vandalized areas, and any other area deemed hazardous. d) Maintenance shall include not only the repairs but shall also include the removal of eroded or contaminated DG materials from sidewalks, drains, curbs, gutters, cobble, turf areas, planters, and any other areas where the DG does not belong. Eroded DG materials shall not be re -used in the trails or landscape and these materials shall be disposed of off-site at no cost to the City. e) Surface repair materials shall be clean and uncontaminated stabilized California Gold DG maintained at a minimum depth of 4". DG is available from Gail Materials in Corona, CA Phone no. (951) 667-6106. Submittal of all DG materials to the Public Works Services Director (or his agent) is required prior to any and all surface repairs. Materials placed without prior approval that do not meet City specifications will be removed and replaced at the expense of the contractor. f) Proper placement will require good preparation, wetting and compaction. DG shall be placed, wetted, and compacted at no more than 2" of lift at a time. In some cases, an additional lift may be required for the repair. Remove rocks, debris and loose materials and grade smooth. For each 2" of lift, spread the material over the area and grade level and smooth. Take the time necessary to thoroughly water the entire area to ensure the entire depth and profile is moist. Use a shovel to confirm moisture depth. Once properly wetted, roll, vibra-plate, or tamp the surface and allow enough time to dry. The surface shall be flush with all curbs, walks, headers and drains. In some instances, it may be necessary to build the material %" higher than the hardscapes to promote proper drainage. 4.25.2.4. VINE MAINTENANCE a) Vines are to be maintained such that they always present a neat appearance and are not a public hazard. b) To help prevent vines from falling off the wall, vines are to be trimmed and maintained closely to the wall to which they are attached. C) Vines that are not growing over the top of a wall will not be allowed to grow over the top. d) Vines that are growing over the top of a wall will be neatly trimmed on the City side and along the top without allowing clippings to fall onto the homeowner's side. Page 29 of 54 Page 136 City of Rancho Cucamonga Request for Proposal ("RFP") #19/20-012 for LIVID 2 Parkway, Paseo & Median Island Landscape & Irrigation Maintenance e) Cut as few vines growing over to the homeowner's side as is necessary to achieve a neat appearance on the top of the wall but attempting not to kill the vines on the homeowner's side. If a homeowner requests that the City's vines be removed from the homeowner's side, remove them by pulling the vines from the homeowner's side to the City side and trimming off the excess. f) In addition to trimming vines at the top of the wall, vines shall also be trimmed along the bottom of the wall as often as is required to prevent them from encroaching into and damaging irrigation, groundcover, hardscapes, trees, shrubs, trails, and sidewalks. g) The Contractor will not remove any vines from the homeowner's side without the homeowner's permission. h) The Contractor will reattach to a wall any vines that fall off a wall by using the attachments detailed on the construction plans for the site. 4.25.2.5. TREE MAINTENANCE a) All trees in the work site shall be maintained in their natural shapes. Work shall be accomplished in a manner which will ensure that each individual tree is carefully pruned as described in Appendix A, Pruning Standards, to promote the health and appearance of the tree. All work shall be of the highest quality, performed in accordance with the International Society of Arboriculture's (ISA) tree pruning standards. The Contractor shall be responsible for all tree pruning on each of the sites. Tree pruning includes (but is not limited to) dead, diseased, dying, damaged, and deformed limbs and branches. All major pruning operations shall not begin until reviewed with the Public Works Services Director or his representative. b) Low branches overhanging park and paseo maintenance driveways and all streets shall be raised to a height of thirteen (13) feet above street grade. Low branches overhanging sidewalks and parkways shall be raised to a height of nine (9) feet above grade. Tree branches overhanging equestrian trails shall be raised to a height of ten (10) feet. C) Young trees that need training shall be pruned on a continuing basis as needed. Under no circumstances will stripping of lower branches (raising up) of young trees be permitted. Lower branches shall be retained in a "tipped back" or pinched condition with as much foliage as possible to promote establishment, increased caliper, and a strong tapered trunk. If there are any doubts or questions, contract the Public Works Services Director or his representative. Page 30 of 54 Page 137 City of Rancho Cucamonga Request for Proposal ("RFP") #19/20-012 for LIVID 2 Parkway, Paseo & Median Island Landscape & Irrigation Maintenance d) Annual fertilization shall be applied in the fall to those trees requiring supplemental nutrients as determined by the City Representative. On all newly planted and unestablished trees (except for palms) Agriform 20-10-5 Plant Tablets (or approved equal) shall be applied as per the manufacturer's directions. Fertilization may require deep root fertilization or foliar applications to correct nutrient deficiencies. All Palms shall be fertilized in spring and fall with an approved Palm specific fertilizer. e) The Contractor shall bring to the attention of the Public Works Services Director within twenty-four (24) hours any tree that shows signs of root heaving, leaning, having hanger limbs, or for any reason is a safety hazard. f) The City shall bear all costs for the removal and replacement of dead or dying trees unless the need for removal was due to faulty maintenance or negligence. Faulty maintenance or negligence includes (but is not limited to) mower and string -trimmer damage. The Contractor, as determined by The Public Works Services Director, shall replace trees requiring replacement due to faulty maintenance or negligence. Replacement shall be made by the Contractor in the kind and size of trees as determined by the Public Works Services Director. Where there is a difference in value between the trees lost and the replacement of trees, this difference will be deducted from the contract payment. In all cases, the value of the trees lost will be determined by the Public Works Services Director using the latest edition of ISA's "Guide for Plant Appraisal" written by the Council of Tree and Landscape Appraisers. g) All trees requiring staking shall always be securely staked with two approved stakes set perpendicular to prevailing NE winds and secured to the stakes with at least two flexible ties and approved by the Public Works Services Director. The ties and stakes shall be inspected regularly to ensure against girdling and abrasion. Stakes shall not be allowed to touch the trunk or any major lateral branches. Therefore, reducing the height of the stakes may be required to prevent damage. Stakes shall be removed as soon as it is determined that a tree can stand on its own without support. Should 36 -inch box or larger sized trees need guying, the cost shall be paid by the City. h) Except for irrigation, debris removal, and fall and spring fertilization, the City shall perform all maintenance on palm trees within the worksite. i) Any major tree pruning operations performed by the contractor shall be recorded on a written report and submitted with the routine monthly billing. The report shall include tree species, DBH, location, year & date, and type of work performed. The report shall be written and submitted in an Excel spreadsheet format. Page 31 of 54 Page 138 City of Rancho Cucamonga Request for Proposal ("RFP") #19/20-012 for LIVID 2 Parkway, Paseo & Median Island Landscape & Irrigation Maintenance 4.25.3. IRRIGATION MAINTENANCE 4.25.3.1. GENERAL a) Irrigation shall be done using automatic sprinkler systems where available and operable. However, failure of an existing irrigation system to provide full and proper coverage shall not relieve the Contractor of the responsibility to provide adequate irrigation with full and proper coverage to all areas within the work site. Providing full and adequate coverage may require hand watering, a station master, a battery backup, or a water tender. This type of watering may be billed as an extra on a case by case basis depending upon the circumstances. Failure to comply with this specification resulting in loss of plant material will be subject to section 4.20 of this contract. Calsense field controllers are installed for scheduling. The Calsense field controllers communicate with a Calsense Central computer to receive daily evapotranspiration data from the Central. b) The irrigation schedule for each controller will be set by the City's Water Management Team along with regular input from the contractor's landscape water manager. The elements of the schedule to be set by City Staff are: days of the week to irrigate, start times, finish times, minutes per cycle, soak in times, percentage of daily evapo-transpiration per station and assignment of stations to programs. These settings will be done within the guidelines established by the City. C) The Contractor shall turn off all controllers, except those that communicate with the Calsense Central, when it is unnecessary to irrigate due to adequate rainfall. "Turning off' includes removing any manual programs that are scheduled. d) The Contractor will be expected to use the absolute minimum amounts of water in all areas required to maintain healthy plant growth. With regular required daily contractor input, the Water Management Team will adjust the percentages of evapo-transpiration for each station on the field Calsense controller to ensure that the zone covered by each station is not too dry or too wet. e) The Contractor shall periodically inspect the operation of the systems for any malfunction. The Contractor shall maintain all sprinkler systems, at no cost to the City, in such a way as to: guarantee proper coverage and full working capability; and make whatever adjustments may be necessary (including raising the sprinkler heads to the proper height) in order to provide proper irrigation to plants and to prevent excessive runoff into street right-of-ways or other areas not meant to be irrigated. f) The periodic inspections may occur more often, but not less frequently than one inspection each week. No watering shall be done during the day unless approved by the Public Works Services Director. The Page 32 of 54 Page 139 City of Rancho Cucamonga Request for Proposal ("RFP") #19/20-012 for LIVID 2 Parkway, Paseo & Median Island Landscape & Irrigation Maintenance Contractor must provide adequate personnel to observe any irrigation system operations during the day. g) In addition to the weekly inspections, written bi-weekly irrigation system reports will also be required for each landscape site in the contract. Reports shall include but are not limited to the following information: name of inspector, site number, date, recommended schedule changes, recommended upgrades, soil moisture and depth, repairs made, repairs needed, overall coverage and distribution, and overall condition of the turf, planters, and trees. Reports shall be attached to the monthly routine billing and will be required for monthly payment. h) Sprinkler heads will be kept clear of overgrowth that may obstruct operation. Chemical edging with herbicides around turf heads will not be permitted. However, an approved plant growth regulator may be used. i) Any damages to public or private property resulting from excessive irrigation water or irrigation water runoff shall be charged against the contract payment unless immediate repairs are made by the Contractor to the satisfaction of the Public Works Services Director. j) The Calsense Central computer will be operated by City employees. The Calsense field controllers communicate alerts to the Calsense Central. Once the web -based Calsense "Command Center On -Line" is up and running, the contractor will be expected to retrieve their own alerts five days per week, and all irrigators will be required to have hand-held devices that can communicate with these controllers to bring up alert data and operate stations remotely. Until the transition to web -based controllers is complete, the contractor will need to visit the Yard Monday through Thursday. On those days the contractor will be given daily alert reports generated by the Central. The alerts in many cases will be needed repairs or adjustments to systems in the field. Each day that City offices are open, the contractor shall send a representative to the City Corporate Yard to receive these reports. These reports are valuable for locating and identifying many irrigation issues but normally list only a small portion of the irrigation issues that are in the field. Responding to an alert is not a substitute for required weekly routine irrigation inspections and repairs. Any irrigation repairs requested by the Public Works Services Director (including but not limited to alerts) are required to be expeditiously corrected within a reasonable amount of time. The Public Works Services Director will determine the reasonable amount of time, in which the contractor must adhere. The contractor is also required to train the irrigation technicians to a competent level in the use of the Calsense system. The Public Works Services Director will evaluate the competence of the technicians. Upon request of the contractor, the City may provide training concerning the Calsense system. k) As needed or at least annually, all drip irrigation systems will be flushed out and filter screens cleaned Page 33 of 54 Page 140 City of Rancho Cucamonga Request for Proposal ("RFP") #19/20-012 for LIVID 2 Parkway, Paseo & Median Island Landscape & Irrigation Maintenance or replaced. 1) As needed and at least annually for each point of connection incorporating a filter, the contractor will inspect, clean, and replace as required. m) As needed and at least annually the contractor will also inspect the point of connection for correct operating pressure. If operating pressure is above or below specifications, the condition shall be reported immediately to the Public Works Services Director. The Public Works Services Director or his agent will determine course of action. n) All irrigation heads that are not watering plant material shall immediately be reported to the Public Works Services director for corrective action. In most cases, these heads will be capped, or nozzle radii will be reduced in the interest of water savings. Capping of heads and nozzle changes on bare areas may be billed as an extra. 4.25.4. SHRUB BEDS & PLANTER AREAS Shrub beds and planter areas shall be irrigated as required, to maintain horticulturally acceptable growth and color, and to promote deep rooting. Irrigation rates for shrub and planter areas shall be applied in such a manner as to keep surface runoff at a minimum. The irrigation rates shall be adjusted to the needs of shrub types, seasons, weather conditions, and water budget. 4.25.5. TURF AREAS Turf areas shall be irrigated as required in order to maintain acceptable growth and color. Turf areas shall be maintained using the least amount of water possible. These low water use specifications will cause some slight stress. However, if horticultural programs such as regular aerification, correct mower heights, proper fertility, weed control, and required system maintenance/programming is implemented, the stress should be mild enough for the turf plants to recover quickly when irrigated. Irrigation shall be applied in such a manner as to reduce runoff yet provide deep watering in order to promote deep rooting and improved drought resistance. Failure of the contractor to address severe and on-going over -watering issues and system maintenance will be subject to a site deduction for the month. 4.25.6. NEW PLANT MATERIALS Newly planted trees, shrubs, ground cover and turf shall receive adequate and regular attention until these plants are established. Adequate water shall be applied to promote normal, healthy growth. Proper berms or basins shall be maintained during the establishment period. Routine supplemental deep watering either by Page 34 of 54 Page 141 City of Rancho Cucamonga Request for Proposal ("RFP") #19/20-012 for LIVID 2 Parkway, Paseo & Median Island Landscape & Irrigation Maintenance quick coupler, water tender, or by the installation of a supplemental irrigation system will be required to avoid dead plant material as well as the prevention of overwatering established plants located on the same hydro - zone. 4.25.7. REPAIRS AND REPLACEMENT Routine repairs to irrigation systems such as replacement of wiper seals, worn or broken nozzles, heads and risers and other routine maintenance shall be borne by the Contractor. Replaced or newly installed irrigation heads shall be identical to the heads specified in the approved City Standard Plans unless otherwise specified by the Public Works Services Director or his representative. Further, any other irrigation work shall also conform to the current approved City Standard Plans. Any deviation from these plans is considered a variance and all variances shall be approved in writing by the Public Works Services Director or his representative prior to the commencement of any work. Costs of repairs to backflow preventers, pressure lines, valves, irrigation pumps and controllers shall be borne by the City and paid as extra work. Additionally, costs of repairs beyond the control of the Contractor such as vandalism, vehicular accidents, acts of nature, or other events not deemed contractor negligence shall also be paid by the City. Any irrigation repairs requested bythe Public Works Services Director (including but not limited to alerts) are required to be expeditiously corrected within a reasonable amount of time. Irrigation work not completed in a reasonable amount of time could be considered non- responsive and may result in a deduction of the entire site for the month. The Public Works Services Director will determine the reasonable amount of time, in which the contractor must adhere. The City reserves the right to use other contractors or City staff to complete any work not performed by the contractor. Per section 4.13(f) of the special provisions in this contract, the City also reserves the right to deduct those costs from the routine billing for the month if the contractor is non-responsive to any emergency. 4.25.8. LANDSCAPE WATER MANAGER/AUDITOR The Contractor is required to have a full-time employee on staff whose sole function for this contract will be Water Manager/Auditor. This person must be fluent in both English and Spanish, proficient in the use of the Calsense irrigation system, and possess or can acquire an I.A. or C.L.C.A. water auditor's certificate within one year after the award of this contract. The Water Manager/Auditor will NOT perform repairs. Instead, he or she will report daily to the City's Water Management Section in a combined effort to manage water use. Primary Responsibilities of the Contract Water Manager/Auditor INCLUDE: • Providing regular daily input to the City's Water Management Team regarding programming and adjustment of field controllers for maximum water savings. This includes input regarding schedules; cycle and soak times; run times; number of water days; setting up and managing special programs; managing hold -over times; and correcting precipitation rate data on each station. Page 35 of 54 Page 142 City of Rancho Cucamonga Request for Proposal ("RFP") #19/20-012 for LIVID 2 Parkway, Paseo & Median Island Landscape & Irrigation Maintenance • Regular probing of the soil to determine moisture requirements and adjusting the Calsense controller accordingly. • Weekly monitoring of all landscape sites within the contract to locate overwatered areas and areas where water can be reduced, declining areas, and areas in need of repairs. This weekly information will be used to inform the Public Works Services Director, establish priorities, save water, and to quickly address stressed and dying plant materials in the landscape. • Providing water audit reports when requested. • Assisting field crews by performing supplemental irrigation checks and issuing work orders as needed. • Providing recommendations to the PWSD for irrigation design upgrades. • Training contract field crews in English and/or Spanish in basic water management and providing effective communication between these crews and the City. Immediately after the Award of Contract, the Contractor shall provide the Water Manager/Auditor with one each Calsense Model RRe-TRAN and RR-TRAN Radio Remote Controls, and a lap- top or I -pad with a data plan to successfully communicate with the Calsense Command Center On -Line web -based program. 4.25.9. PEST CONTROL (a) The Contractor shall provide complete and continuous control and/or eradication of all plant pests and weeds. Pests include, but are not limited to, insects, mites, other invertebrates, pathogens, nematodes, and vertebrates. Pests may be controlled by mechanical means as well as with chemicals. Chemical controls may include plant growth regulators. (b) Annually at the time of contract renewal, the Contractor shall submit a list for approval by the Public Works Services Director of all chemical pesticides proposed for use under this contract. Attached to the list will be the current label and safety data sheet (SDS), for each chemical on the list. Additionally, any changes or updates made to this list shall be supplied to the Public Works Services Director as they are made. Materials included on this list shall be limited to chemicals approved for use by the State of California Department of Food and Agriculture. No chemical pesticide shall be applied until its use is approved in writing by the Public Works Services Director. The application of chemicals shall conform to the current California Department of Food and Agriculture regulations. (c) Use of all E.P.A. registered pesticides must be preceded by notification to the Public Works Services Director a minimum of one week prior to the planned application date. The notification must be in writing and shall include the pest control advisor's written recommendation and State of California Agriculture Pest Control Advisor License number. A permit from the County Agricultural Commissioner's office to apply any restricted use pesticide must be obtained, and a notice of intent shall be filed at least Page 36 of 54 Page 143 City of Rancho Cucamonga Request for Proposal ("RFP") #19/20-012 for LIVID 2 Parkway, Paseo & Median Island Landscape & Irrigation Maintenance forty-eight (48) hours before applications with the San Bernardino County Agricultural Commissioner's office as per State and County guidelines. (d) Only the safest, lowest odor and most environmentally friendly pesticides shall be used whenever possible. In addition, integrated pest management techniques shall also be used whenever possible; e.g., use of approved biological, mechanical, or exclusionary control methods. (e) The Contractor shall select and supply proper materials and licensed personnel and obtain any necessary permits, licenses, registrations, and pest control advisor recommendations, to comply with City, County, State or Federal regulations and laws. Copies of all County and State licenses, registrations, and permits required shall be supplied to the Public Works Services Director on an annual basis. The contractor will assume responsibility and liability for the use of all chemicals and their applications. (f) Spray pattern indicators or dye markers shall not be used anywhere within this contract without the expressed written consent of the Public Works Services Director. (g) The Contractor's applicator shall hold a valid Qualified Applicator License or a Certified Commercial Applicator Certificate, issued by the State of California Department of Food and Agriculture, and be certified, or licensed, in at least Categories B and C. The Contractor must supply the City with a photocopy of the License or Certificate. If subcontractors are used for any pesticide applications, photocopies of their License or Certificate, County Registration and City Business License must be provided. (h) Pest control advisor recommendations shall be written for all types of chemical applications made in City parks or rights-of-way. Recommendations shall be written on forms approved by the San Bernardino County Agricultural Commissioner and a copy shall be provided to the Public Works Services Director prior to the application for his approval. All recommendations shall follow the guidelines set forth by the State and County Departments of Food and Agriculture, regarding pest control advisor recommendations. Pest control recommendations are registered by the County for one calendar year in January. Therefore, updated recommendations shall be submitted every January. (i) Pesticide application records shall be kept on forms identical to the format provided in Schedule II. A copy of each application form shall be provided to the City at the time of monthly invoicing. (j) Additionally, and prior to bid acceptance or contract renewal, the contractor shall provide to the Public Works Services Director a schedule outlining a written annual integrated pest management plan describing what products and/or alternative methods of pest control that will be scheduled each month. Page 37 of 54 Page 144 City of Rancho Cucamonga Request for Proposal ("RFP") #19/20-012 for LIVID 2 Parkway, Paseo & Median Island Landscape & Irrigation Maintenance This monthly information shall include: • The target pest (gophers, grassy weeds, broadleaf weeds, shrub growth, insects, etc.) • The type of control method to be used (mechanical, chemical, cultural) • Where the method of control will be used (turf, hardscape, groundcover, mulchscape) • The name of the product to be used (Roundup Pro, Dimension, Ronstar, etc.) • The type of product to be used (Pre -emergent, PGR, insecticide, rodenticide, etc.) • The application rate to be used (lbs. or ozs. per acre or per 1000 sq. ft.) 4.25.10. DRAINS The Contractor shall be responsible for periodic inspections of surface flowlines, intake grates, and under sidewalk drains located within the landscaped areas. These drains shall be inspected during, prior to, and following any rain event. Any debris or vegetation that could block the flow of water will require prompt removal. 4.25.11. CLEAN-UP a) At no time will the Contractor blow grass cuttings and/or debris into public streets, trails, or gutters without promptly removing the cuttings and/or debris and disposing of it legally, off site. b) Unless a chipper is used as described below in section 4.25.11(d), the Contractor shall remove all debris resulting from the maintenance operations and legally dispose of it off-site. All grass or other clippings shall be picked up after each mowing or trimming operation. c) All debris resulting from any of the Contractor's operations shall be removed and disposed of legally at the Contractor's expense. No debris will be allowed to remain at the end of the work day. d) To improve the fertility of planter beds, save water, reduce weeds, reduce the amount of green waste in the landfill, lower soil pH, and improve efficiency, the contractor may be required in many instances to utilize a chipper to mulch brush clippings back into the landscape planter from where the clippings had originated. The contractor will always be required to have a trained chipper operator on staff to accommodate this request at no additional cost to the City. This chipper program will be used wherever and whenever it is practical and will be utilized primarily wherever there are larger planter beds that are not wood -chipped. Only clippings from shrubs and trees will be allowed. Grass clippings, leaves, palm fronds, trash and weeds shall not be included in this program. The contractor shall always have a commercial brush chipper available at no additional cost to the City. Page 38 of 54 Page 145 City of Rancho Cucamonga Request for Proposal ("RFP") #19/20-012 for LIVID 2 Parkway, Paseo & Median Island Landscape & Irrigation Maintenance e) All walkways will be kept clean/clear of debris and weed growth. Care shall be taken not to create unnecessary hazards to the public. f) Any paper, plastic, metal, leaves, pine needles, branches, rocks, DG, sand, soil, dead plant materials, litter or any other debris determined objectionable by the Public Works Services Director that accumulates within the work site shall be picked up weekly (or whenever the debris presents a hazard) and legally disposed of offsite. Any and all illegal dumping, including but not limited to hazardous waste, within the work site shall be reported immediately to the Public Works Services Director or his representative. 4.25.12. PLANTER WOOD CHIP MAINTENANCE a) The Contractor shall be responsible for maintaining a wood chip depth of no less than three (3) inches in any area that is currently wood chipped. Areas currently wood chipped shall be determined by the existence of wood chips from 4" in depth to only a few remaining particles due to decomposition and/or removal of the original material by maintenance personal. Areas where no visible wood chips exist are not required to be wood chipped. To maintain the three inches of wood chips, the Contractor must replace the material each year. May is the optimum time to add this material however, this project can be performed at any time of the year. b) The approved material shall be wood chips, weed free, with no excessive visible amounts of other materials. The City utilizes a recycling program for wood chips. These approved recycled chips must be ordered from the Public Works Director or his agent. 4.25.13. HARDSCAPE MAINTENANCE Hardscape is all masonry or rock materials on a site from the edge of the asphalt/curb and gutter to the tract wall — the edge of the asphalt/curb and gutter shall include the crack or void between the asphalt and the concrete. Hardscape includes features within the landscape such as curbs; mow curbs, cobblestones, concrete pavers and concrete flowlines and sidewalks. All hardscape is to be maintained within the landscape site (including sidewalks) on a weekly basis. Weekly maintenance shall include keeping the hardscape clean, debris - and weed free by using whatever approved methods are necessary. Graffiti removal is not required but known instances of graffiti shall be reported immediately to the City Graffiti Hotline at 909-481-7999. Also, any spills, stains or damage on the hardscape shall be reported to the Public Works Services Director or his representative. This contract may or may not have hardscapes listed separately on a site inventory or paid separately from the turf and groundcover areas. In either case, all hardscapes shall be maintained to specification as part of the landscape maintenance contract. Page 39 of 54 Page 146 City of Rancho Cucamonga Request for Proposal ("RFP") #19/20-012 for LMD 2 Parkway, Paseo & Median Island Landscape & Irrigation Maintenance 4.25.14. TRAIL MAINTENANCE Many sites within the LMD's will have trails. Trails are defined as any PVC fencing and/or headers delineating one or both sides of a decomposed granite (DG) surface and the decomposed granite itself. The City will be responsible for all trail maintenance within the sites except for: excessive irrigation runoff and encroaching plant material from contractor -maintained landscapes; debris caused by landscape maintenance; eroded mulch and soil from contractor -maintained sites, broken PVC fencing caused by Contractor negligence; and, any other trail maintenance problem caused by Contractor negligence. 4.25.15. MULCHSCAPE MAINTENANCE "Mulchscape" refers to formerly landscaped areas that have been renovated and removed from regular contract maintenance. These areas will be covered with a layer of composted mulch and/or wood chips and use little or no water. Any trees growing within the mulchscaped sites will remain after conversion. Additionally, some low - maintenance shrubs and groundcover may remain whenever practical. Any maintenance on remaining groundcover or shrubs within the mulchscaped areas will may be billed as extra work. Conversion of existing sites from landscape to mulchscape may be performed by either in-house City crews or by the maintenance contractor as extra work. Maintenance of these areas will include the following: (a) Tree Maintenance within Mulchscaped Sites Tree maintenance specifications are the same for all turf, groundcover and mulchscaped sites. Specifications are in Appendix "A" and Schedule III of this contract. (b) Vertebrate Pest & Weed Control within Mulchscaped Sites Vertebrate pests are to be reported to the Public Works Services Director or his representative. Weed control shall be complete and continuous utilizing both mechanical and chemical means as required. (c) Irrigation Maintenance within Mulchscaped Sites Since irrigation may either be capped or completely shut-off in mulchscaped areas, any irrigation maintenance required will be billed as extra work. All irrigation extra work in these areas must be pre -approved by the Public Works Services Director or his representative. Page 40 of 54 Page 147 City of Rancho Cucamonga Request for Proposal ("RFP") #19/20-012 for LIVID 2 Parkway, Paseo & Median Island Landscape & Irrigation Maintenance (d) Trash and Litter within Mulchscaped Sites All mulchscaped areas are to be maintained for trash and excessive accumulated debris, including but not limited to, leaves, twigs, pine needles, branches and other landscape debris every other week or as required, but no less than every other week, using whatever means necessary. (e) Composted Mulch or Wood Chip Replacement within Mulchscaped Sites Mulchscaped areas will be consistently maintained to present a neat and clean appearance. Annually, and preferably in May of each year, composted mulch and/or wood chips will be added to all mulchscaped areas as required to restore the depth of the material to three inches throughout each designated mulchscape site. Submittals are required for approval by the Public Works Services Director or his representative on all materials prior to installation. (f) Hardscape within Mulchscaped Sites All hardscape within mulchscaped areas shall be maintained in compliance with Section 4.25.13 — Hardscape Maintenance. In addition, any utility box or irrigation boxes shall be kept free of any mulch or soil erosion. (g) Trails within Mulchscaped Sites Any erosion of mulch onto a trail shall be removed on a bi-weekly basis. 4.25.16. TRASH RECEPTACLE MAINTENANCE There are an unspecified number of trashcans within this contract and additional trash cans may be added as required. bags will be collected once per week and replaced with new bags. These bags shall be provided by the contractor. Any trash can with damage, missing lids, graffiti or vandalism shall be reported to the Public Works Services Director immediately. In addition, pest control including (but not limited to) ant control will be required whenever necessary. The trash cans along the Pacific Electric Trail and at bus stops are maintained under a separate contract or by another agency and will not be included herein. 4.25.17. STROM DEBRIS CLEANUP a) The City of Rancho Cucamonga is subject to frequent wind, rain and other types of storms. The storms cause an accumulation of debris on the contracted sites. The debris includes such items as downed trees, limbs, leaves, tumbleweeds, trash and soil deposits. Because it is impractical to perform routine maintenance Page 41 of 54 Page 148 City of Rancho Cucamonga Request for Proposal ("RFP") #19/20-012 for LIVID 2 Parkway, Paseo & Median Island Landscape & Irrigation Maintenance operations during and immediately following these storms, the Contractor shall promptly remove the debris such that routine maintenance operations are practical. Because the Contractor is removing debris in lieu of routine maintenance, the removal is at no extra charge to the City. In the case of an excessive accumulation of debris that is attributable to another agency, such as blown sand from a recently graded site, the City will act to have the responsible agency remove the debris. The cost for replanting new plant material to replace storm damaged plant material that cannot be repaired will be an extra. b) Emergency Storm Work Documentation and Tracking: All costs borne by the City for emergency storm clean-up work may be subject to re -imbursement through government disaster funds. In the event of an emergency, the City could easily be eligible for Federal, State, or local funds and therefore all costs that are storm related including labor, rentals and materials that are charged to the City shall be recorded and billed separately and labeled/dated as emergency related. In addition, since labor will be shifted away from routine work, all the shifted routine labor shall be tracked and recorded as emergency related since emergency labor may also be reimbursable. Once the contractor returns to normal operations, the contractor will be required to send a report outlining the shifted routine labor used during the emergency. 4.26. EXTRA WORK a) Extra work may be required as a result of vandalism, accidents, or acts of nature. Further, work may be required in order to add new landscaping, or to delete or modify existing landscape. b) Extra work will not be performed without prior approval by the Public Works Services Director unless a condition exists wherein it appears there is a danger of injury to persons or property. c) Payment for extra work shall be in accordance with the hourly rates and unit prices in the Extra Work Schedule. The invoiced amount for material not listed in the schedule will be at the Contractor's cost including sales tax plus 15%; the 15% being for the Contractor's costs of overhead. d) Except for routinely billed and ordinary irrigation repairs, extra work shall not commence without a written and approved proposal. Further, the extra work shall not be invoiced and billed until the work has been inspected and approved for completeness by the Public Works Services Director. e) The City reserves the right to cause any extra work deemed necessary by the Public Works Services Director to be performed by City crews or other contractors, at no cost to the Contractor. Page 42 of 54 Page 149 City of Rancho Cucamonga Request for Proposal ("RFP") #19/20-012 for LIVID 2 Parkway, Paseo & Median Island Landscape & Irrigation Maintenance 5. EVALUATION AND VENDOR SELECTION PROCESS 5.1. INITIAL SCREENING All RFP responses will undergo an initial review to determine responsiveness to the instructions herein. Those RFP responses initially determined to be responsive by meeting the RFP requirement as indicated herein will proceed to the next phase of the evaluation process. 5.2. EVALUATION ACTIVITIES RFP responses deemed as having met the standard RFP requirements as indicated herein are then evaluated by an Evaluation Committee. The RFP submittals are scored and assigned a ranking of one (1) through ten (10), ten being the highest possible score. The following criteria have been assigned percentages that the criteria will be scored against, based upon but not limited to the following evaluation criteria factors: rritarin Criteria Description Assigned Percentage Vendor Expertise 10 Quality of proposed services or goods 15 Extent to which the Vendors services or goods meet the City's needs 15 Vendor's history and resources available to provide the required services. 15 Experience and professional qualifications of staff 15 Understanding of the Scope of Work 20 Cost 10 5.3. COST EVALUATION Cost Proposals are evaluated and scored based on the following calculations; Score = Lowest Proposal Cost / Cost of Proposal being scored X Maximum Points Available (10) The score is then added to the spreadsheet criteria scores. Page 43 of 54 Page 150 City of Rancho Cucamonga Request for Proposal ("RFP") #19/20-012 for LIVID 2 Parkway, Paseo & Median Island Landscape & Irrigation Maintenance 5.4. REFERENCE CHECKS If determined to be required reference checks are conducted by the Procurement Division and the requesting department may or may not be present during the process. The reference checks may be conducted by phone with the information being scribed or conducted by a written form, submitted to the Vendor's reference contact. Reference contacts will be asked several predetermined questions for response and to provide a score from one (1) to ten (10), ten being the highest. Scores are then tabulated and added to the spreadsheet with the criteria scores. It is imperative that Vendors provide up to date and accurate information regarding contact information for reference checks. All scores are then tabulated into the final Vendor ranking. Evaluators do not see the Vendor References or pricing line items. The proposed pricing is evaluated by the Procurement Division during the initial review of the RFP response, only to ensure that the proposed cost is not over the City's budgeted amount or Not -to -Exceed amount for the project. 5.5. DEMONSTRATIONS/ INTERVIEWS Upon completion of the RFP evaluations and data analysis, and only if necessary, selected top ranked Vendors will be provided an opportunity to interview and conduct a demonstration or presentation to further expand on their RFP response. Vendor interviews/demonstrations are scored and assigned a ranking of one (1) through ten (10), ten being the highest possible score, based upon but not limited to the evaluation criteria factors as stated within the RFP. 5.6. FINANCIAL DOCUMENTATION Vendors that proceed to the short-list may be required to submit financial documentation as proof of its firm's financial stability and strength. A financial review will be conducted by the City Finance Department. Should a Vendor wish for its financial documentation to be treated as proprietary or be returned upon completion of the review, the documentation must clearly be marked as such. The following documentation will be required of each Vendor on the short-list: • A copy of the Vendor's most recent annual report. • Audited (by a third party), balance sheets and income statements for the past three (3) years. • If audited data is not available, Vendor shall submit copies of complete tax returns for the past three (3) years. • Describe any regulatory censure and past or pending litigation related to services provided by the Vendor. • Indicate all applicable information regarding Vendor ownership changes in the last three (3) years. Page 44 of 54 Page 151 City of Rancho Cucamonga Request for Proposal ("RFP") #19/20-012 for LIVID 2 Parkway, Paseo & Median Island Landscape & Irrigation Maintenance 5.7. BEST AND FINAL OFFER Upon completion of Vendor presentations, the City reserves the right to conduct pre -award discussions and/or pre -contract negotiations with all or only top ranked Vendors. At which time the City may request a Best and Final Offer to be submitted from one or all finalists. 5.H. VENDOR SELECTION The final Vendor selection is based on which Vendor is the most responsive, meeting the City's requirements, offering the best value at the most competitive price. The City is not obligated to award to the lowest price proposal. The City may conduct negotiations with several Vendors simultaneously. The City may also negotiate contract terms with the selected Vendors prior to award. The City, at its sole discretion, reserves the right, unless otherwise stated, to accept or reject all or any RFP responses, or any part thereof, either separately or to waive any informality and to split or make the award in any manner determined to be in the best interest of the City. 5.9. LETTER OF INTENT TO AWARD After a final Vendor selection is determined, a Letter of Intent to Award (LOI) will be posted for review by all participating, responsive Vendors. Negotiations shall be confidential and not subject to disclosure to competing Vendors unless an agreement is reached. If contract negotiations cannot be concluded successfully, City may negotiate a contract with the next highest scoring Vendor or withdraw the RFP entirely. Page 45 of 54 Page 152 City of Rancho Cucamonga Request for Proposal ("RFP") #19/20-012 for LMD 2 Parkway, Paseo & Median Island Landscape & Irrigation Maintenance "EXHIBIT A" CITY OF RANCHO CUCAMONGA CONFLICT OF INTEREST/NON-DISCLOSURE STATEMENT It is the policy of the City of Rancho Cucamonga to prevent personal or organizational conflict of interest, or the appearance of such conflict of interest, in the award and administration of City Contracts, including, but not limited to Contracts for Professional Services Agreements ("PSA") with potential Vendors. I do not have specific knowledge of confidential information regarding RFP responses received in response to the Request for Proposal ("RFP") #19/20-012 for LMD 2 Parkway, Paseo & Median Island Landscape & Irrigation Maintenance. I agree not to disclose or otherwise divulge any information pertaining to the contents, status, or ranking of any RFP response to anyone. I understand the terms and "disclose or otherwise divulge" to include, but are not limited to, verbal conversations, written correspondence, reproduction of any part or any portion of any RFP response, or removal of same from designated areas. I, the undersigned, hereby certify that the following statements are true and correct and that I understand and agree to be bound by commitments contained herein. (Print Name) (Relationship to the City) (Relationship to the Vendors) (Signature) (Date) Must be included in final RFP submittal. Page 46 of 54 Page 153 City of Rancho Cucamonga Request for Proposal ("RFP") #19/20-012 for LMD 2 Parkway, Paseo & Median Island Landscape & Irrigation Maintenance "EXHIBIT B" PROFESSIONAL SERVICES AGREEMENT EXCEPTIONS SUMMARY Mark the appropriate choice, below: •o Vendors accepts the PSA without exception. Vendors proposes exceptions to the PSA. Summarize all exceptions on a separate document. Enclose a written summary of each change and title as "Exception Summary", which shall include the Vendors' rationale for proposing each such exception. Each exception must be labeled with the Section number in the PSA. Failure to properly reference exceptions in the submitted summary may deem the response as non-responsive. Signature Printed Name Title Date Must be included in final RFP submittal. Page 47 of 54 Page 154 I City of Rancho Cucamonga Request for Proposal ("RFP") #19/20-012 for LIVID 2 Parkway, Paseo & Median Island Landscape & Irrigation Maintenance "EXHIBIT C" ACKNOWLEDGMENT OF INSURANCE REQUIREMENTS AND CERTIFICATION OF ABILITY TO PROVIDE AND MAINTAIN COVERAGES SPECIFIED the (President, Secretary, Manager, Owner or Representative) of , certify that the (Name of Company, Corporation or Owner) Specifications and General Provisions regarding insurance requirements as stated within the Professional Services Agreement (PSA), for the Purchase Contract designated Request for Proposal ("RFP") for #19/20-012 for LIVID 2 Parkway, Paseo & Median Island Landscape & Irrigation Maintenance have been read and understood and that our Vendors is able to provide and maintain the coverage as specified in the PSA. Failure to provide said coverage, upon reauest to finalize the PSA prior to award shall be enough cause for immediate disqualification of award. Failure to maintain said coverage shall result in termination of the contract. Signature Printed Name Title Date Must be included in final RFP submittal. Page 48 of 54 Page 155 City of Rancho Cucamonga Request for Proposal ("RFP") #19/20-012 for LMD 2 Parkway, Paseo & Median Island Landscape & Irrigation Maintenance "EXHIBIT D" ADDENDUM ACKNOWLEDGEMENT The Vendors hereby acknowledges the following Addenda Number(s) to this RFP have been received, if any. Vendors understands failure to acknowledge any addenda issued may cause the RFP response to be considered non-responsive. It is the Vendors' responsibility to log into the Bid System to identify and download the number of addenda that have been posted. Signature Printed Name Title Date Must be included in final RFP submittal. Page 49 of 54 Page 156 City of Rancho Cucamonga Request for Proposal ("RFP") #19/20-012 for LMD 2 Parkway, Paseo & Median Island Landscape & Irrigation Maintenance "EXHIBIT E" DEBARMENT and SUSPENSION CERTIFICATION FORM I certify that neither (Vendor) nor any of its proposed subcontractors are not currently listed on the governmentwide exclusions in the System for Award Management (SAM), in accordance with the guidelines under 2 CFR 200 that implement Executive Orders 12549 (3 CFR part 1986 Comp., p. 189) and 12689 (3 CFR part 1989 Comp., p. 235), and that neither Vendor nor any of its proposed subcontractors are tax delinquent with the State of California. I acknowledge that if Vendors or any of its subcontractors subsequently are placed under suspension or debarment by a local, state or federal government entity, or if Vendors or any of its subcontractors subsequently become delinquent in California taxes, our Proposal will be disqualified. Signature Printed Name Title Date Must be included in final RFP submittal. Page 50 of 54 Page 157 City of Rancho Cucamonga Request for Proposal ("RFP") #19/20-012 for LMD 2 Parkway, Paseo & Median Island Landscape & Irrigation Maintenance "EXHIBIT F" PARTICIPATION CLAUSE It is hereby understood that other government entities, such as cities, counties, and special/school districts may utilize this RFP response at their option for equipment or services at the RFP response price for a period of days. Said entities shall have the option to participate in any award made because of this solicitation. Any such piggy -back awards will be made independently by each agency, and the City of Rancho Cucamonga is not an agent, partner or representative of these agencies and is not obligated or liable for any action of debts that may arise out of such independently negotiated piggy -back procurement. Each public agency shall accept sole responsibility of its own order placement and payments of the Vendors. Successful Vendors will extend prices as proposed herein to other governmental agencies, please specify. YES NO Must be included in final RFP submittal. Page 51 of 54 Page 158 City of Rancho Cucamonga Request for Proposal ("RFP") #19/20-012 for LMD 2 Parkway, Paseo & Median Island Landscape & Irrigation Maintenance "EXHIBIT G" SIGNATURE OF AUTHORITY The undersigned firm declares that he has carefully examined the specifications and read the above terms and conditions, and hereby proposes and agrees, if this RFP response is accepted, to furnish all material in accordance with the specifications and instructions, in the time and manner therein prescribed for the unit cost amounts set forth in the following RFP response. THE VENDOR IN SUBMITTING THIS RFP RESPONSE MUST FILL IN THE FOLLOWING INFORMATION. FAILURE TO DO SO MAY DEEM YOUR RFP RESPONSE AS NON-RESPONSIVE. Company Name: Address: (Street, Su. # City, State, Zip) Telephone #: Fax #: E-mail address: Web Address: Authorized Representative: (print) Title: Signature: Date: Must be included in final RFP submittal. Page 52 of 54 Page 159 City of Rancho Cucamonga Request for Proposal ("RFP") #19/20-012 for LIVID 2 Parkway, Paseo & Median Island Landscape & Irrigation Maintenance "EXHIBIT H" REFERENCES WORKSHEET The following References Worksheet must be complete, please do not mark "See Attached". Provide a minimum of four (4) clients that are similar in size to the City of Rancho Cucamonga that your company has conducted comparable or like services. Preferred references should be government agencies and be a current customer within the past three (3) years. Please verify accuracy of contact information. Reference 1 Company Name Contact Name and Title Company Address Contact Telephone Number Contact Email Description of Comparative Services and Project Cost (please be specific) Reference 2 Company Name Contact Name and Title Company Address Contact Telephone Number Contact Email Description of Comparative Services and Project Cost (please be specific) Page 53 of 54 Page 160 City of Rancho Cucamonga Request for Proposal ("RFP") #19/20-012 for LIVID 2 Parkway, Paseo & Median Island Landscape & Irrigation Maintenance —Iqw — Reference 3 Company Name Contact Name and Title Company Address Contact Telephone Number Contact Email Description of Comparative Services and Project Cost (please be specific) Company Name Contact Name and Title Company Address Contact Telephone Number Contact Email Description of Comparative Services and Project Cost (please be specific) Reference 4 Page 54 of 54 Page 161 APPENDIX A PRUNING STANDARDS PURPOSE: Trees and other woody plants respond in specific and predictable ways to pruning and other maintenance practices. Careful study of these responses has led to pruning practices which best preserve and enhance the beauty, structural integrity, and functional value of trees. To promote practices that encourage the preservation of tree structure and health, the Western Chapter, International Society of Arborists, Certification Committee has established the following Standards of Pruning for Certified Arborists. The Standards are presented as working guidelines, recognizing that trees are individually unique in form and structure, and that their pruning needs may not always fit strict rules. The Certified Arborist must take responsibility for special pruning practices that vary greatly from these Standards: I. PRUNING TECHNIQUES A. A thinning cut removes a branch at its point of attachment or shortens it to a lateral large enough to assume the terminal role. Thinning opens up a tree, reduces weight on heavy limbs, can reduce a tree's height, distributes ensuing invigoration throughout a tree and helps retain the natural shape of the tree. Thinning cuts are preferred in tree pruning. B. A heading cut removes a branch to a stub, a bud or a lateral branch not large enough to assume the terminal role. Heading cuts should seldom be used because vigorous, weakly attached upright sprouts are forced just below such cuts, and the tree's natural form is altered. In some situations, branch stubs die or produce only weak sprouts. C. When removing a live branch, pruning cuts should be made in branch tissue just outside the branch bark ridge and collar, which are trunk tissue. If no collar is visible, the angle of the cut should approximate the angle formed by the branch bark ridge and the trunk. Appendix A, Page 1 Page 162 D. When removing a dead branch, the final cut should be made outside the collar of live callus tissue. If the collar has grown out along the branch stub, only the dead stub should be removed, the live collar should remain intact and uninjured. E. When reducing the length of a branch or the height of a leader, the final cut should be made just beyond (without violating) the branch bark ridge of the branch being cut to. The cut should approximately bisect the angle formed by the branch bark ridge and an imaginary line perpendicular to the trunk or branch cut. F. A goal of structural pruning is to maintain the size of lateral branches to less than three-fourths the diameter of the parent branch or trunk. If the branch is co- dominant or close to the size of the parent branch, thin the branch's foliage by 15% to 250, particularly near the terminal. Thin the parent branch less, if at all. This will allow the parent branch to grow at a faster rate, will reduce the weight of the lateral branch, slow its total growth, and develop a stronger branch attachment. If this does not appear appropriate, the branch may need to be shortened to a large lateral or be completely removed. G. On large -growing trees, except whorl -branching conifers, branches that are more than one-third the diameter of the trunk should be spaced along the trunk at least 18 inches apart, on center. If this is not possible because of the present size of the tree, such branches should have their foliage thinned 15% to 250, particularly near their terminals and/or be shortened. H. Pruning cuts should be clean and smooth with the bark at the edge of the cut firmly attached to the wood. I. Large or heavy cut branches should be lowered on ropes or thrown clear to prevent injury to personnel, the tree, or other property. J. Wound dressings and tree paints have not been shown to be effective in preventing or reducing decay. They are therefore not recommended for routine use when pruning. II. TYPES OF PRUNING - MATURE TREES Appendix A, Page 2 Page 163 A. Crown Cleanin Crown cleaning or cleaning out is the removal of dead, dying, diseased, crowded, weakly attached and low -vigor branches and water sprouts from a tree crown. B. Crown thinning includes crown cleaning and the selective removal of branches to increase light penetration and air movement into the crown. Increased light and air stimulates and maintains interior foliage, which in turn improves branch taper and strength. Thinning reduces the wind -sail effect of the crown and the weight of heavy limbs. Thinning the crown can emphasize the structural beauty of trunk and branches as well as improve the growth of plants beneath the tree by increasing light penetration. When thinning the crown of mature trees, no more than 250 of the live foliage shall be removed. At least one-half of the foliage should be on branches that arise in the lower two-thirds of the trees to avoid excessive raising of the trees. When thinning laterals from a limb, an effort should be made to retain inner lateral branches in order to leave a balanced distribution of foliage along each lateral. Trees and branches so pruned will have stress more evenly distributed throughout the tree or along a branch. An effect known as "lion's -tailing" results from pruning out the inside lateral branches. Lion's -tailing, by removing all the inner foliage, displaces the weight to the ends of the branches and may result in sunburned branches, water sprouts, weakened branch structure and limb breakage. C. Crown Reduction Crown reduction is used to reduce the height and/or spread of a tree. Thinning cuts are most effective in maintaining the structural integrity and natural form of a tree and in delaying the time when it will need to be pruned again. The lateral to which a branch or trunk is cut should be at least one-half the diameter of the cut to be made. D. Clearance Prunin Clearance pruning removes the lower branches of a tree Appendix A, Page 3 Page 164 in order to provide clearance for buildings, vehicles, pedestrians, and vistas. It is important that a tree have at least one-half of its foliage on branches that originate in the lower two-thirds of its height to ensure a well -formed, tapered structure and to uniformly distribute stress within the tree. When pruning for view, it is preferable to develop "windows" through the foliage of the tree, rather than to severely raise or reduce the crown. III. SIZE OF PRUNING CUTS Each of the Pruning Techniques (Section I) and types of Pruning (Section II) can be done to different levels of detail or refinement. The removal of many small branches rather than a few large branches will require more time, but will produce a less pruned appearance, will force fewer water sprouts and will help to maintain the vitality and structure of the tree. Designating the maximum size (base diameter) that any occasional undesirable branch may be left within the tree crown, such as 1,�", 1" or 2" branch diameter, will establish the degree of pruning desired. Appendix A, Page 4 Page 165 APPENDIX B Map of Landscape Maintenance Districts Boundaries and Site Locations It is the Bidders responsibility to visit all specified works sites on their own time. There will not be a scheduled job walk. Bidders must satisfy themselves by personal examination of the work site, plans, specifications, and other contract documents and by any other means as they may believe necessary, as to the actual physical conditions, requirements and difficulties under which the work must be performed. No bidder shall at any time after submission of a Bid make any claim or assertion that there was any misunderstanding or lack of information regarding the nature of or amount of work necessary for the satisfactory completion of the job. Any errors, omissions, or discrepancies found in the plans, specifications, or other contract documents shall be submitted to the attention the Procurement Manager in order to be addressed in an addendum prior to the submission of Bids. Appendix B, Page 1 Page 166 Hillside Rd Banyan S Ba: Foc Ar The psof Ranchoata,, dand gang—Neinannagon C'Informabon') avatlable by and inrougn CAT the Cummorga are Ra.,ned as a pudk; resource of general inforrretion. The City of Rancho Cucamonga makes nor implies . —,.M,representation or guarantee as to the mntent. sequence, a¢umcy,—pleteness or timeliness of any Informaton provided to you herein. The sl,wW not rely upon Una Int—tion for any reason and a directed to irdepenaerely nfy am and an Information presented hereh. The City of Ranch C.,%morga expli y and mmout Ilmitatdn disda�ms am and all representations and warrantees, inducting, but mt Imitad to, tine inpied warranties of me rcnaniGley and fitness srr a on,ular pxposa. TIa City of Rancho Cucamonga shall neither accept w arty lability, ra,,Ness of the wueation for n) any a- inlort -n Rovided and/or Qi) any action o -ion omcc ming eue m a�rpe.,a relanoe upon the available available ne— Q Q Q -_ Q Q Q Landscape Maintenance District 2 4_ RS C N N Cu> to O Q C E !E E C N N Y RANCHO— CUCAMONGA Q = _ Hillside Rd Banyan S Ba: Foc Ar The psof Ranchoata,, dand gang—Neinannagon C'Informabon') avatlable by and inrougn CAT the Cummorga are Ra.,ned as a pudk; resource of general inforrretion. The City of Rancho Cucamonga makes nor implies . —,.M,representation or guarantee as to the mntent. sequence, a¢umcy,—pleteness or timeliness of any Informaton provided to you herein. The sl,wW not rely upon Una Int—tion for any reason and a directed to irdepenaerely nfy am and an Information presented hereh. The City of Ranch C.,%morga expli y and mmout Ilmitatdn disda�ms am and all representations and warrantees, inducting, but mt Imitad to, tine inpied warranties of me rcnaniGley and fitness srr a on,ular pxposa. TIa City of Rancho Cucamonga shall neither accept w arty lability, ra,,Ness of the wueation for n) any a- inlort -n Rovided and/or Qi) any action o -ion omcc ming eue m a�rpe.,a relanoe upon the available available ne— Q Q Q Q Q Q Q C -a E .c = i Q (6 O N = C > cu= C Y ^i' W V) U 0 M 3 Y w Page 167 Limits )2 0 Miles 0.50.25 0 0.5 1 1.5 Page 168 APPENDIX C — STORM WATER QUALITY BEST MANAGEMENT PRACTICES 5C-73 Landscape Maintenance ■ Consider grass cycling (grass cycling is the natural recycling of grass by leaving the clippings on the lawn when mowing. Grass clippings decompose quickly and release valuable nutrients back into the lawn). Suggested Protoeois Mowing, Trimming, and Weeding ■ Whenever possible use mechanical methods of vegetation removal (e..g mowing with tractor - type or push mowers, hand cutting with.gas o;r,electric power0d weed trimmers) rather than applying herbicides. Use hand weeding where practical. i Avoid loosening the soil when conducting mechanical or manual -Weed control, this could lead to erosion. Use mulch or other erosion control measures.whei soils.are exposed. ■ Performing mowing at optimal times: Mowing -should not be performed if significant rain . events are predicted. ■ Mulching mowers may he recom- mended for certain flat areas. 0tber techniques may be. - employed to minimize mowing such as selective vegetative planting using low maintenance grasses and shrubs. ■ Collect lawn and garden clippings, pruning waste, tree trimmings, and weeds. Chip if necessary, and compost or dispose of at a landfill (see waste management section of this fact sheet). ■ Place temporarily stockpiled material away from watercourses, and berm or cover stockpiles to prevent material releases to storm drains. Planting ■ Determine existing native vegetation features (location, species, size, function, importance) and consider the feasibility of protecting them. Consider elements such as their effect on drainage and erosion, hardiness, maintenance requirements, and possible confli M. between preserving vegetation and the resulting maintenance needs. ■ Retain and/or plant selected native vegetation whose features are determined to be beneficial, where feasible. Native vegetation usually requires less maintenance (e.g., irrigation, fertilizer) than planting new vegetation. ■ Consider using low water use groundcovers when planting or replanting. Waste Management • Compost leaves, sticks, or other collected vegetation or dispose of at a permitted landfill. Do not dispose of collected vegetation into waterways or storm drainage systems. ■ Place temporarily stockpiled material away from watercourses and storm drain inlets, and berm or cover stockpiles to prevent material releases to the storm drain system. ■ Reduce the use of high nitrogen fertilizers that produce excess growth requiring more frequent mowing or trimming. 2 of 5 California Stormwater BMP Handbook January 2003 Municipal www. ca b m p l'a nd books. corn Appendix C, Page 1 Page 169 Landscape Maintenance SC -73 ■ Avoid landscape wastes in and around storm drain inlets by either using bagging equipment or by manually picking up the material. Irrigation ■ Where practical, use automatic timers to minimize runoff. ■ Use popup sprinkler heads in areas with a lot of activity or where there is a chance the pipes may be broken. Consider the use of mechanisms that reduce water flow to sprinkler heads if broken. ■ Ensure that there is no runoff from the landscaped area(s) if re-claimed water is used for irrigation. ■ If bailing of muddy water is required (e.g. when repairing a water line leak), do not put it in the storm drain; pour over landscaped areas. w Irrigate slowly or pulse irrigate to prevent runoff and then only irrigate as much as is needed. w Apply water at rates that do not exceed the infiltration rate of the soil. Fertilizer and Pesticide Management ■ Utilize a comprehensive management system that incorporates integrated pest management (IPM) techniques. There are many methods and types of IPM, including the following: Mulching can be used to prevent weeds where turf is absent, fencing installed to keep rodents out, and netting used to keep birds and insects away from leaves and fruit. - Visible insects can be removed by hand (with gloves or tweezers) and placed in soapy water or vegetable oil. Alternatively, insects can be sprayed off the plant with water or in some cases vacuumed off of larger plants. - Store-bought traps, such as species-specific, pheromone -based traps or colored sticky cards, can be used. - Slugs can be trapped in small cups filled with beer that are set in the ground so the slugs can get in easily. In cases where microscopic parasites, such as bacteria and fungi, are causing damage to plants, the affected plant material can be removed and disposed of (pruning equipment should be disinfected with bleach to prevent spreading the disease organism). Small mammals and birds can be excluded using fences, netting, tree trunk guards. - Beneficial organisms, such as bats, birds, green lacewings, ladybugs, praying mantis, ground beetles, parasitic nematodes, trichogramma wasps, seed head weevils, and spiders that prey on detrimental pest species can be promoted. ■ Follow all federal, state, and local laws and regulations governing the use, storage, and disposal of fertilizers and pesticides and training of applicators and pest control advisors. January 2UO3 California Stormwater BMP Handbook 3 of 6 Municipal w ww. ea 6 m pha nd boa ks. nom Appendix C, Page 2 Page 170 SC -73 Landscape Maintenance ■ Use pesticides only if there is an actual pest problem (not on a regular preventative schedule). ■ Do not use pesticides if rain is expected. Apply pesticides only when wind speeds are low (less than 5 mph). ■ Do not mix or prepare pesticides for application near storm drains. ■ Prepare the minimum amount of pesticide needed for the job and use the lowest rate that will effectively control the pest. ■ Employ techniques to minimize off -target application (e.g. spray drift) of pesticides, including consideration of alternative application techniques. ■ Fertilizers should be worked into the soil rather than dumped or broadcast onto the surface. ■ Calibrate fertilizer and pesticide application equipment to avoid excessive application. ■ Periodically test soils for determining proper fertilizer use. ■ Sweep pavement and sidewalk if fertilizer is spilled on these surfaces before applying irrigation water. ■ Purchase only the amount of pesticide that you can reasonably use in a given time period (month or year depending on the product). ■ Triple rinse containers, and use rinse water as product. Dispose of unused pesticide as hazardous waste. ■ Dispose of empty pesticide containers according to the instructions on the container Iabel. Inspection ■ Inspect irrigation system periodically to ensure that the right amount of water is being applied and that excessive runoff is not occurring. Minimize excess watering, and repair leaks in the irrigation system as soon as they are observed. ■ Inspect pesticide fertilizer equipment and transportation vehicles daily. Training ■ Educate and train employees on use of pesticides and in pesticide application techniques to prevent pollution. Pesticide application must be under the supervision of a California qualified pesticide applicator. ■ Train/encourage municipal maintenance crews to use IPM techniques for managing public green areas. ■ Annually train employees within departments responsible for pesticide application on the appropriate portions of the agency's IPM Policy, SOPS, and BMPs, and the latest IPM techniques, d orb California Stormwater BMP Handbook January Z003 Munlcfpal www. Ca hm ph a nd books. cam Appendix C, Page 3 Page 171 Landscape Maintenance SC -73 ■ Employees who are not authorized and trained to apply pesticides should he. periodically (at least annually) informed that they cannot use over-the-counter pesticides in or around the workplace. ■ Use a training log or similar method to document training. Spill Response and Prevention ■ Refer to SC -11, Spill Prevention, Control & Cleanup ■ Have spill cleanup materials readily available and in a know in location ■ Cleanup spills immediately and use dry methods if possible. ■ Properly dispose of spill cleanup material. Other Considerations ■ The Federal Pesticide, Fungicide, and Rodenticide Act and California Title 3, Division 6, Pesticides and Pest Control Operations place strict controls over pesticide application and handling and specify training, annual refresher, and testing requirements. The regulations generally cover: a list of approved pesticides and selected uses, updated.regulariy, general _ application information; equipment use and maintenance procedures; and record keeping. The California Department of Pesticide Regulations and the County Agricultural Commission coordinate and maintain the licensing and certification programs. All public agency employees who apply pesticides and herbicides in "agricultural use" areas such as parks, golf courses, rights-of-way and recreation areas should be properly certified in accordance with state regulations. Contracts for landscape maintenance should include similar requirements. ■ All employees who handle pesticides should be familiar with the most recent material safety data sheet (MSDS) files. ■ Municipalities do not have the authority to regulate the use of pesticides by school districts, however the California Healthy Schools Act of 2000 (AB 2260) has imposed requirements on California school districts regarding pesticide use in schools. Posting of notification prior to the application of pesticides is now required, and IPM is stated as the preferred approach to pest management in schools. Requirements Costs Additional training of municipal employees will be required to address IPM techniques and BMPs. IPM methods will likely increase labor cost for pest control which may be offset by lower Chemical costs. Maintenance Not applicable January 2003 cali€omla Stormwater BMP Handbook 5 Qf 6 Municipal www. cabmpha n dbooks. oom Appendix C, Page 4 Page 172 SC -73 Landscape Maintenance Supplemental Infermation Further Detail of the BMF Waste Management Composting is one of the better disposal alternatives if locally available. Most municipalities either have or are planning yard waste composting facilities as a means of reducing the amount of waste going to the landfill. Lawn clippings from municipal maintenance programs as well as private sources would probably be compatible with most composting facilities Contractors and Other Pesticide Users Municipal agencies should develop and implement a process to ensure that any contractor employed to conduct pest control and pesticide application on municipal property engages in pest control methods consistent with the IPM Policy adopted by the agency. Specifically, municipalities should require contractors to follow the agency s IPM policy, S..OPs, and BMPs; provide evidence to the agency of having received training on current IPM techniques when feasible; provide documentation of pesticide use on agency property to the agency in a timely manner. Refdrenees and Resources King County Stormwater Pollution Control Manual. Best Management Practices for Businesses. 1995• King County Surface Water Management. July. On-line: h dnr. kc. v' wlr ss s .htm Los Angeles County Stormwater Quality Model Programs. Public Agency Activities h ad w.or wm d mod 1 lin fm Model Urban Runoff Program: A How -To Guide for Developing Urban Runoff Programs for Small Municipalities. Prepared by City of Monterey, City of Santa Cruz, California Coastal Commission, Monterey Bay National Marine Sanctuary, Association of Monterey Bay Area Governments, Woodward -Clyde, Central Coast regional Water Quality Control Board. July. 1998. Orange County Stormwater Program http://www.otersheds.wm/StormWater/smT introdugtionjAsp Santa Clara Valley Urban Runoff Pollution Prevention Program. 1997 Urban Runoff Management Plan. September 1997, updated October 2000. United States Environmental Protection Agency (USEPA). 2002. Pollution Prevention/Good Housekeeping for Municipal Operations Landscaping and Lawn Care. Office of Water. Office of Wastewater Management. On-line: htW://www.epa.Z. Qv n pdes/menuofbmpsll)ou S htm 6 of 6 California Stounwater BMP Handbook January 2003 Municipal www. ra brnpha n dboo ks. w m Appendix C, Page 5 Page 173 Page 174 SCHEDULEI ANNUAL FERTILIZER SCHEDULE FOR TALL FESCUE TURF Service JAN FEB MAR APR MAY JUNE JULY AUG SEP OCT NOV DEC Level A & B DIM DIM WIN CAL C DIM WIN Symbol Type of Fertilizer 24-3-8 with 0.22% DIM Dimension WIN 12-8-16 Winterizer CAL Calcium Nitrate FERTILIZER PROGRAM NOTES & ADDITIONAL GUIDELINES • 24-3-8 Fertilizer with 0.22% Dimension - Applications will be split between February and May. To achieve maximum weed control and conform with EPA guidelines, apply 114 lbs. of fertilizer per acre in Feb, and then again in May at "A" and "B" levels. At "C" level apply full rate once in March. • 12-8-16 & Calcium Nitrate - Apply at 1 lb. of actual N per 1000 square feet. • If turf areas require over -seeding, a pre -plant fertilizer such as Simplot's 6-20-20 (or approved equal) shall be used at the rate of 16 lbs. per one thousand square feet. The Fertilizer material specifications above are only a guideline and it is understood that fertilizers with these exact specifications may not be available for purchase. In that event, an approved submittal of the alternate fertilizer must be provided and approved by the Public Works Services Director prior to application. Schedule II, Page 1 Page 175 Applicator (Print Name) Name or Address of Treatment Site Trade Name SCHEDULE II PESTICIDE APPLICATION RECORD Date CHEMICAL INFORMATION Manufacturer Compound Class: ❑ Fungicide ❑ Insecticide ❑ Herbicide ❑ Rodenticide ❑ Growth Regulator Formulation ❑ E.C. E.P.A. Registration Number Toxicity Rating (Signal Word) ❑ Flowable ❑ Wettable Powder ❑ Granular APPLICATION INFORMATION Type of Area Treated (Turf, Trees, Soil, etc.) Plant Species Target Pest Square Footage or Number of Plants Treated Application Method Check Safety Equipment Used ❑ Goggles ❑ Hat w/face shield Machine Speed Used mph rpm ❑ Rubber boots ❑ Rubber gloves ❑ Respirator ❑ Coveralls Nozzle Size or Spreader Setting Pressure Maintained Pump Boom Service Container Labeled ❑ Yes ❑ No Sample Label in possession ❑ Yes ❑ No Pesticide Rate (oz/lbs) per acre (oz/lbs) per 1,000 sq. ft. Pesticide to Water Ratio oz/lbs. per gallons of water Application Rate gallons per acre gallons per 1,000 sq. ft. Spray to Wet ❑ Total Amount of Final Mixture gallons water oz/lbs. pesticide Total Amount of Mixture Applied gallons Time of Day: start finish Clear Water Cycled Through Tank After Application or Applied to Target ❑ Yes ❑ No (Do not dump rinse water) Weather Conditions Temperature Wind (speed and direction) Public Safety Controls Other Comments As the applicator of the above-mentioned pesticide, I hereby certify that the information above is correct to the best of my knowledge. Signature date Schedule II, Page 2 Page 176 SCHEDULE III SERVICE LEVEL DESCRIPTIONS TURF MAINTENANCE A T,F:VF:T, 1. The Contractor shall mow all turf areas once per week during the period of March 1 to November 1; and not less than biweekly during the period of November 2 to February 28. 2. The Contractor shall edge ALL turf grass borders including (but not limited to) valve boxes, curbs, mow curbs, pads, headers, turf and planter interfaces without headers, sidewalks and tree wells concurrently with each mowing. In addition, an edger with a metal blade will be required for use on all turf grass borders at least once per month during the period of March 1 to November 1. 3. The Contractor shall fertilize all turf areas in accordance with Schedule I. 4. The Contractor shall mechanically aerate all turf areas both in the spring and the fall of each year and more often as required to reduce compaction and stress. 5. Annually, and at no additional cost to the City, the Contractor shall mechanically dethatch all turf areas identified by the Public Works Services Director or his representative as requiring de - thatching. This operation should be scheduled immediately prior to overseeding for those areas that are to be overseeded. 6. The Contractor shall on a weekly basis remove any trash and debris that accumulates on the turf. R T.F.VF.T. 1. The Contractor shall mow all turf areas once per week during the period of March 1 to November 1; and as required during the period November 2 to February 28. 2. The Contractor shall edge all turf grass borders including (but not limited to) valve boxes, curbs, mow curbs, pads, headers, turf and planter interfaces without headers, sidewalks and tree wells concurrently with each mowing. In addition, an edger with a metal blade will be required for use on all turf grass borders at least bi-monthly during the period of March 1 to November 1. Schedule III, Page 1 Page 177 SCHEDULE III SERVICE LEVEL DESCRIPTIONS TURF MAINTENANCE 3. The Contractor shall fertilize all turf areas in accordance with Schedule I. 4. The Contractor shall not be required to aerate or dethatch turf areas. 5. The Contractor shall on a weekly basis remove any trash and debris that accumulates on the turf. C LEVEL 1. The Contractor shall mow all turf areas every other week throughout the year. An edger with a metal blade will not be required as part of the turf maintenance program at "C" level. 2. The Contractor shall edge all turf grass borders including (but not limited to) valve boxes, curbs, mow curbs, pads, headers, turf and planter interfaces without headers, sidewalks and tree wells concurrently with each mowing 3. The Contractor shall fertilize all turf in accordance with C -Level on Schedule I. 4. The Contractor shall not be required to aerate or dethatch turf areas. 5. The Contractor shall on a bi-weekly basis remove any trash and debris that accumulates on the turf. Schedule III, Page 2 Page 178 SCHEDULE III SERVICE LEVEL DESCRIPTIONS MULCHSCAPE MAINTENANCE A LEVEL 1. Mulchscaped areas will be consistently maintained on a weekly basis to present a neat and clean appearance free of trash and accumulated debris. 2. In May of each year, mulch will be added to all mulchscaped areas as required to restore the depth of mulch to three inches throughout each mulchscaped site. R T.F.VF.T. 1. Mulchscaped areas will be consistently maintained on a weekly basis to present a neat and clean appearance free of trash and accumulated debris. 2. In May of each year, mulch will be added to all mulchscaped areas as required to restore the depth of mulch to three inches throughout each mulchscaped site. C LEVEL 1. On a bi-weekly basis, mulchscaped areas will be maintained to present a neat and clean appearance free of trash and accumulated debris. 2. When specified by the Public Works Services Director, mulch shall be applied by the contractor to a depth of no less than three inches and billed as extra work. Schedule III, Page 3 Page 179 SCHEDULE III SERVICE LEVEL DESCRIPTIONS HARDSCAPE MAINTENANCE A LEVEL 1. The Contractor shall, on a weekly basis remove any weeds, trash and debris that accumulates on the hardscape. R T,F:VF:T, 1. The Contractor, shall on a bi- weekly basis, remove any weeds, trash and debris that accumulates on the hardscape. C LEVEL 1. The Contractor shall, on a bi-weekly basis, remove any weeds, trash and or debris that accumulates on the hardscape. Schedule III, Page 4 Page 180 SCHEDULE III SERVICE LEVEL DESCRIPTIONS PEST CONTROL Note: All pest control, including that for areas inventoried as turf, groundcover, hardscape, vines and shrubs shall be at the level for which turf is contracted. A T.F.V17T. 1. Complete and continuous control and/or eradication of all Landscape pests and weeds. B LEVEL 1. Complete and continuous control and/or eradication of all Landscape pests and weeds. C LEVEL 1. Complete, thorough, and consistent control and eradication of all Landscape pests and weeds within the landscape every 90 days or whenever the Public Works Services Director determines that a pest or weed problem has become a public health or safety hazard. Complete, thorough, and consistent control of weeds shall include the use of pre -emergent herbicides broadcast over the entire planter area, as well as post emergent herbicides spot -sprayed as required to achieve complete weed control. Complete, thorough, and consistent weed control utilizing the proper selection and application of herbicides on schedule, will result in a relatively acceptable level of control for this reduced service level lasting the entire length of the 90 -day period. Schedule III, Page 5 Page 181 SCHEDULE III SERVICE LEVEL DESCRIPTIONS GROUND COVER MAINTENANCE A LEVEL 1. The Contractor shall trim ground cover adjacent to any hardscape, structure, fixture, plant, or other area into which it should not encroach such that a neatly trimmed appearance and hazard free condition is consistently maintained. 2. The Contractor shall on a weekly basis clean any accumulated debris and trash from all ground cover areas. 3. The Contractor shall fertilize 1000 of all ground cover areas two times per year in the spring and fall with 15-15-15 or approved equal. 4. The Contractor shall annually, at the direction of the Public Works Services Director, mow, or otherwise lower, all ground cover to a height of three inches. 5. The Contractor shall mechanically "bowl" around all irrigation heads that are blocked by ground cover. MMOLVABON 1. The Contractor shall on a monthly basis trim ground cover adjacent to any hardscape, structure, fixture, plant or other area into which it should not encroach. 2. The Contractor shall on a bi-weekly basis clean any accumulated debris and trash from all ground cover areas. 3. The Contractor shall fertilize 1000 of all ground cover areas once per year in the spring with 15-15-15 or approved equal. 4. The Contractor shall at the direction of the Public Works Services Director, mow, or otherwise lower, all ground cover to a height of three inches. 5. The Contractor shall at the direction of the Public Works Services Director, edge any groundcover deemed a public safety hazard. 6. The Contractor shall mechanically "bowl", as often as is required, around all irrigation heads that are blocked by ground cover. Schedule III, Page 6 Page 182 SCHEDULE III SERVICE LEVEL DESCRIPTIONS GROUND COVER MAINTENANCE C LEVEL 1. The Contractor shall on a bi-monthly basis trim all ground cover adjacent to any hardscape, structure, fixture, plant or other area into which it should not encroach. 2. The Contractor shall on a bi-weekly schedule clean any accumulated debris and trash from all ground cover areas. 3. The Contractor shall not be required to fertilize ground cover. 4. The Contractor shall at the direction of the Public Works Services Director, mow, or otherwise lower, to a height of three inches all ground cover that is a fire hazard. 5. The Contractor shall at the direction of the Public Works Services Director, edge any groundcover deemed a public safety hazard. 6. The Contractor shall mechanically or chemically "bowl" as often as is required around each irrigation head that is blocked by ground cover. Schedule III, Page 7 Page 183 SCHEDULE III SERVICE LEVEL DESCRIPTIONS SHRUB MAINTENANCE Note: Shrub maintenance will be at the service level for which ground cover maintenance is contracted. A T,F:VF:T, 1. The Contractor shall selectively prune all shrubs whenever required such that each shrub grows vigorously and healthily in its natural form without encroaching upon any adjacent area, improved street or sidewalk, or otherwise becomes a public hazard. Shearing on any "A" level plant material shall not be permitted without authorization from the PWSD director. 2. The Contractor shall fertilize the entire shrub planter twice per year in the spring and fall using 15-15-15 with trace elements or approved equal. R T.7W7T, 1. The Contractor shall shear all shrubs as often as required such that each shrub is attractive and neat without encroaching upon any adjacent improved area, street or sidewalk, or otherwise becoming a public hazard. Shearing shall be done in a manner to permit plants to grow in accordance with their natural growth characteristics. Shrubs shall not be individualized and/or sheared into "boxed," "balled" or any other unnatural shapes. 2. The Contractor shall fertilize the entire shrub planter once per year using 15-15-15 with trace elements or approved equal. r T.F.VF.T. 1. The Contractor shall shear all shrubs two times per year in the spring and fall such that each shrub is attractive and neat without encroaching upon any adjacent improved area, street or sidewalk, or otherwise becoming a public hazard. Shearing shall be done in a manner to permit plants to grow in accordance with their natural growth characteristics. Shrubs shall not be individualized and/or sheared into "boxed," "balled" or any other unnatural shapes. 2. The Contractor shall not be required to fertilize shrubs at "C" level. Schedule III, Page 8 Page 184 SCHEDULE III SERVICE LEVEL DESCRIPTIONS VINE MAINTENANCE Note: Vine maintenance will be at the service level for which ground cover is contracted. T T UN TL' T 1. The Contractor shall trim vines as often as required such that they consistently present a neat appearance. 2. The Contractor shall immediately re -attach to a wall any vines that fall off a wall or fence by using the attachments required on the construction plans for the site. 3. The Contractor shall ensure that no vines grow into undesirable places such as groundcover, hardscapes, trees or shrubs. D T LIN TUT 1. The Contractor shall trim vines twice per year in March and September. 2. The Contractor shall immediately re -attach to a wall or fence any vines that fall off a wall by using the attachments required on the construction plans for the site. 3. Concurrent with March and September vine trimming, the Contractor shall twice per year remove vines that grow into undesirable places such as groundcover, hardscapes, trees or shrubs. (" T L' K T' T 1. The Contractor shall trim vines once per year in Fall. 2. The Contractor shall re -attach to a wall or fence once per year in Fall vines that fall off the wall by using the attachments required on the construction plans for the site. 3. The Contractor shall annually, in Fall, remove all vines that grow into undesirable places such as groundcover, hardscapes, trees or shrubs. Schedule III, Page 9 Page 185 SCHEDULE III SERVICE LEVEL DESCRIPTIONS TREE MAINTENANCE Note: Although trees are planted in both turf and ground cover areas within the City, trees will be maintained at the service level for which ground cover maintenance is contracted. A T,FATF.T, 1. The Contractor shall maintain all trees on the work sites in their natural shapes; healthy, disease and pest free; vigorously growing; and safe including vehicle, pedestrian and equestrian clearance; and free of dead, diseased or dying wood and "hangers" or any other public hazard - including wind hazards. 2. Low branches overhanging park and paseo maintenance driveways and all streets shall be raised to a height of thirteen (13) feet above street grade. Low branches overhanging sidewalks and parkways shall be raised to a height of nine (9) feet above grade. Tree branches overhanging equestrian trails shall be raised to a height of ten (10) feet. 3. Low hanging tree branches shall be trimmed as required as to not encroach onto shrubs and surrounding plant materials as well as provide an aesthetically pleasing appearance. 4. The Contractor shall maintain young trees in a "tipped -back", not stripped, condition. 5. The Contractor shall maintain the staking for each tree requiring staking in accordance with the current City tree planting standard. R T,F:VF:T, 1. Low branches overhanging park and paseo maintenance driveways and all streets shall be raised to a height of thirteen (13) feet above street grade. Low branches overhanging sidewalks and parkways shall be raised to a height of nine (9) feet above grade. Tree branches overhanging equestrian trails shall be raised to a height of ten (10) feet. 2. Low hanging tree branches shall be trimmed as required as to not encroach onto shrubs and surrounding plant materials as well as provide an aesthetically pleasing appearance. Schedule III, Page 10 Page 186 SCHEDULE III SERVICE LEVEL DESCRIPTIONS TREE MAINTENANCE 3. The Contractor shall maintain young trees in a "tipped -back", not stripped, condition. 4. The Contractor shall maintain the staking for each tree requiring staking in accordance with the current City tree planting standard. 5. All tree hazards that are beyond the scope of the specifications of this contract shall be immediately reported to the Public Works Service Director or his representative. (' T,F VF:T, 1 A often as required for safety purposes, low branches overhanging park and paseo maintenance driveways and all streets shall be raised to a height of thirteen (13) feet above street grade. Low branches overhanging sidewalks and parkways shall be raised to a height of nine (9) feet above grade. Tree branches overhanging equestrian trails shall be raised to a height of ten (10) feet. 2. Low hanging tree branches shall be trimmed in Fall as to not encroach onto shrubs and surrounding plant materials as well as provide an aesthetically pleasing appearance. 3. All tree hazards that are beyond the scope of the specifications of this contract shall be immediately reported to the Public Works Service Director or his representative. 4.Young trees requiring staking or training shall be reported to the Public Works Services Director. Schedule III, Page I I Page 187 SCHEDULE III SERVICE LEVEL DESCRIPTIONS DECOMPOSED GRANITE (DG) MAINTENANCE A LEVEL 1. The Contractor shall on a weekly basis remove any accumulated debris and trash from all non -trail DG areas. 2. Surface repairs including the off-site removal and disposal of eroded and/or contaminated DG materials shall be complete and continuous as required. MMOVADIN 1. The Contractor shall on a bi-weekly basis clean any accumulated debris and trash from all non -trail DG areas. 2. Surface repairs shall be performed in May when the rainy season has ended, or when it has been determined by the Public Works Services Director (or his agent) that there is an immediate safety hazard. The off-site removal and disposal of eroded DG materials shall be complete and continuous as required. C LEVEL 1. The Contractor shall on a bi-weekly basis clean any accumulated debris and trash from all non -trail DG areas. 2. Except for the removal of eroded materials, surface repairs will be completed by City crews. The off-site removal and disposal of eroded DG materials shall be performed by the contractor completely and continuously as required. Schedule III, Page 12 Page 188 SCHEDULE IV SITE DESCRIPTIONS LMD 2 PARKWAYS, PASEOS AND MEDIANS Site # Descriptive Locations 2-1 The west side of Arbor Lane from the traffic circle to Church. The Arbor Lane median from Church to the traffic circle. The east side of Arbor Lane from Long Meadow to Church. The paseo from the west side of Arbor Lane to Day Creek Blvd. The paseo from the west side of Arbor Lane to Saintsbury. The north side of Winery Drive from Arbor Lane to 214 feet west of Arbor Lane. The south side of Long Meadow Drive from Freestone Court to Duck Creek Place. Ground cover area: 93,639 square feet Hardscape: 59,041 square feet 2-2 The northwest corner of Day Creek Blvd. and Church. The north side of Church from Day Creek Blvd. to 1,152 feet west of Hess. The paseo from the north side of Church to Dry Creek Drive. The paseo from the north side of Church to Pine Ridge Pl. The west side of Hess Place from the north side of Church to Dry Creek Drive. The south side of Church from 145 feet east of Hyssop to 896 feet east of Hyssop. Ground cover area: 24,018 square feet Hardscape: 26,617 square feet 2-3 The west side of Day Creek from 250 feet north of Appellation to Church. The east side of Day Creek from Church to Madrigal. The Day Creek median from Church to Baseline. The south side of Madrigal from Day Creek to Roundhill. Ground cover area: 35,420 square feet Hardscape: 42,671 square feet 2-4 Victoria Park Lane from Baseline to the east entrance of Arbor Park. The southwest corner of Victoria Park Lane and Baseline. The southeast corner of Victoria Park Lane to 445 feet east of Victoria Park Lane. Ground cover area: 36,482 square feet Turf area: 3,874 square feet Hardscape: 32,927 square feet 2-5 The east and west side of Victoria Park Lane and the medians from Mosaic Dr. to Church. Ground cover area: 56,358 square feet Hardscape: 20,390 square feet Schedule IV, Page 13 Page 189 SCHEDULE IV SITE DESCRIPTIONS LMD 2 PARKWAYS, PASEOS AND MEDIANS Site # Descriptive Locations 2-6 The north side of Church from Arbor Lane to Day Creek. The northwest corner of Church and Arbor Lane. The paseo from the north side of Church to Wilson Creek Dr. Ground cover area: 21,616 square feet Hardscape: 15,159 square feet 2-7 The north side of Church from Victoria Park Lane to Arbor Lane. The northwest corner of Victoria Park Lane and Church. The paseo from the north side of Church to Elk Cove Court. The paseo from the north side of Church to Freestone Court. The northeast corner of Arbor Lane and Church. Ground cover area: 16,609 square feet Hardscape: 13,730 square feet 2-8 The paseo from the west side of Etiwanda to Silver Rose Court. The north side of Church from Etiwanda to Victoria Park Lane. The east side of Iron Horse Pl. from Church to Wild Horse Way. The paseo from the north side of Church to Cloudy Bay Ct. The medians from Iron Horse Pl. to Etiwanda. Ground cover area: 35,122 square feet Hardscape: 28,473 square feet 2-9 The landscaped slope behind existing landscape of site 2-5 on the west side of Victoria Park Lane from 475 feet north of Long Meadow Drive to Long Meadow Drive. The landscape slope and curb adjacent parkway from Victoria Park Lane to 685 feet west of Victoria Park Lane. Ground cover area: 26,213 square feet Hardscape: 5,617 square feet VW -1 Base Line median from Victoria Park Lane to 830 feet west of Victoria Park Lane. Ground cover area: 4,514 square feet Hardscape: 3,474 square feet Schedule IV, Page 14 Page 190 SCHEDULE IV SITE DESCRIPTIONS LMD 2 PARKWAYS, PASEOS AND MEDIANS Site # Descriptive Locations VW -2 The north side of Baseline 300 feet east and 200 feet west of Swanson. The east and west sides of Swanson from Baseline to Province. The paseo from the intersection of Swanson and Province to Atwood with outlet to Dunmore. The paseo from Atwood to the Pacific Electric Trail. The north side of Saratoga from Powell to Dunmore. The paseo from Saratoga to Etiwanda. The south side of Atwood from Victoria Park Lane to Travis. The north side of Atwood from Walcott to Victoria Park Lane. Ground cover area: 18,753 square feet Turf area: 73,931 square feet Hardscape: 22,615 square feet VW -3 The Victoria Park Lane median and the west and east side parkways from Baseline to the entrance to Victoria Village. Ground cover area: 27,090 square feet Turf area: 0 square feet Hardscape: 3,214 square feet VW -4 The Victoria Park Lane median and the west and east side parkways from Victoria Village entrance to Atwood. Ground cover area: 40,937 square feet Turf area: 0 square feet Hardscape: 6,428 square feet VW -5 The Victoria Park Lane median and the west side and east side parkways from Atwood to the Pacific Electric Trail. Ground cover area: 49,513 square feet Hardscape: 5,467 square feet VW -6 The paseo running north from 12732 Farrington to the Pacific Electric Trail. Ground cover area: 285 square feet Hardscape: 679 square feet Schedule IV, Page 15 Page 191 SCHEDULE IV SITE DESCRIPTIONS LMD 2 PARKWAYS, PASEOS AND MEDIANS Site # Descriptive Locations VW -7 The paseo running north from 12840 Farrington to the Pacific Electric Trail. Ground cover area: 266 square feet Hardscape: 552 square feet VW -8 The Victoria Park Lane median and the west side parkway from the Pacific Electric Trail to South Victoria Windrows Loop. The Victoria Park Lane east side parkway from the Pacific Electric Trail to Zinnia Ct. Ground cover area: 40,548 square feet Hardscape: 6,150 square feet VW -9 The Victoria Park Lane east side parkway from Barberry to North Victoria Windrows Loop at Windrows Park. Ground cover area: 40,004 square feet Turf area: 11,779 square feet Hardscape: 3,720 square feet VW -10 The west side of Victoria Park Lane from South Victoria Windrows Loop to Dahlia Ct. The Victoria Park Lane median from Zinnia Ct. to Dahlia Ct. The east side of Victoria Park Lane from North Victoria Windrows Loop at Windrows Park to Dahlia Ct. Ground cover area: 50,620 square feet Turf area: 11,878 square feet Hardscape: 11,400 square feet VW -11 The east side parkway on South Victoria Windrows Loop from Silktassel to Victoria Park Lane. The parkway on the south side of Victoria Park Lane from the intersection of South Victoria Windrows Loop and North Victoria Windrows Loop to Dahlia Ct. The Victoria Park Lane median from the intersection of North and South Victoria Windrows Loop to Dahlia Ct. The parkway on the north side of Victoria Windrows Loop from the intersection of North and South Victoria Windrows Loop to Dahlia Ct. Ground cover area: 27,053 square feet Turf area: 20,216 square feet Hardscape: 6,988 square feet Schedule IV, Page 16 Page 192 SCHEDULE IV SITE DESCRIPTIONS LMD 2 PARKWAYS, PASEOS AND MEDIANS Site # Descriptive Locations VW -12 The Victoria Park Lane median from the intersection of North and South Victoria Windrows Loop to 390 feet east of Day Creek. The parkway on the north side of Victoria Park Lane from the intersection of North and South Victoria Windrows Loop to 390 feet east of Day Creek. The parkway on the west side of north Victoria Windrows Loop from Silverberry to Victoria Park Lane. The parkway on the south side of Silverberry from 390 feet east of Day Creek to North Victoria Windrows Loop. Ground cover area: 166,249 square feet Turf area: 21,603 square feet Hardscape: 12,868 square feet VW -13 The parkway on the south side of Victoria Park Lane from 390 feet east of Day Creek to South Victoria Windrows Loop. The west side of South Victoria Windrows Loop from Victoria Park Lane to Snapdragon. Ground cover area: 20,068 square feet Turf area: 16,476 square feet Hardscape: 7,200 square feet VW -14 The parkways and planters on the west side of South Victoria Windrows Loop from Snapdragon to Victoria Park Lane. The parkway on the north and south side of Sugargum from South Victoria Windrows Loop to 390 feet east of Day Creek. The parkways on the east and west sides of Basswood from Sugargum to Blazing Star. The parkway on the north side of South Victoria Windrows Loop from Victoria Park Lane to Silktassel. Ground cover area: 21,466 square feet Turf area: 10,335 square feet Hardscape: 27,560 square feet Schedule IV, Page 17 Page 193 SCHEDULE IV SITE DESCRIPTIONS LMD 2 PARKWAYS, PASEOS AND MEDIANS Site # Descriptive Locations VW -15 The parkway on the north side of Bougainvillea Way from Peach to North Victoria Windrows Loop. The parkway on the east side of North Victoria Windrows Loop from Bougainvillea Way to Citrus. The parkway on the north side of North Victoria Windrows Loop from Locust and following that curb line to Silverberry. The parkway on the north side of Silverberry from North Victoria Windrows Loop 390 feet east of Day Creek. The paseo from North Victoria Windrows Loop at Silverberry to Nasturtium. The paseo from North Victoria Windrows Loop at Locust to Pistachio and continuing to Bougainvillea. Ground cover area: 45,929 square feet Turf area: 12,207 square feet Hardscape: 23,630 square feet VW -16 The south side of Highland from 455 feet east of Day Creek to 534 feet east of Locust. The east and west side of Locust from Highland to North Victoria Windrows Loop. The parkway on the south side of North Victoria Windrows Loop from Citrus east to Bougainvillea Ct. The parkway on the north side of North Victoria Windrows Loop from Twinspur to Locust. Ground cover area: Turf area: Hardscape 26,577 square feet 23,922 square feet 19,203 square feet VW -18 The south side of Highland from 12583 Highland to Rockrose. Ground cover area: Turf area: Hardscape: 2,800 square feet 8,515 square feet 3,325 square feet VW -19 The north side of North Victoria Windrows Loop from Rosemary to Rockrose. The east side of Rockrose from North Victoria Windrows Loop to Highland. The south side of Highland from Rockrose to Etiwanda. The horse trail from Highland and Etiwanda to the Fire Station. Ground cover area: 21,027 square feet Turf area: 32,266 square feet Hardscape: 11,298 square feet Schedule IV, Page 18 Page 194 SCHEDULE IV SITE DESCRIPTIONS LMD 2 PARKWAYS, PASEOS AND MEDIANS Site # Descriptive Locations VW -20 The parkway on the south side of North Victoria Windrows Loop from Victoria Park Lane to Plum. The parkway on the west side of North Victoria Windrows Loop from Plum Way to Rosemary Ct. The paseo from Tipu Pl. east to the open field. Ground cover area: Turf area: Hardscape 2,110 square feet 16,411 square feet 9,132 square feet VW -21 The east side of North Victoria Windrows Loop from Rosemary Ct. to the trail south of Kalmia St. The trail and paseo from North Victoria Windrows Loop south of Kalmia St. to Etiwanda Ave. and north to the Fire Station. The south side of Basil St. from North Victoria Windrows Loop to Santolina Pl. Ground cover area: 49,187 square feet Turf area: 36,461 square feet Hardscape: 19,600 square feet Mulchscape: 21,071 square feet VW -22 The paseo from North Victoria Windrows Loop at Rockrose to the northeast corner of Windrows Park and from that corner to Plum. Ground cover area: Turf area: Hardscape 13,689 square feet 19,953 square feet 9,489 square feet VW -23 The west side of Rockrose from Highland to North Victoria Windrows Loop. The parkway on the north side of North Victoria Windrows Loop from Rockrose to Twinspur. The parkway on the south side of North Victoria Windrows Loop from Bougainvillea Ct. to Rosemary. Ground cover area: 18,299 square feet Turf area: 3,425 square feet Hardscape: 10,352 square feet Schedule IV, Page 19 Page 195 SCHEDULE IV SITE DESCRIPTIONS LMD 2 PARKWAYS, PASEOS AND MEDIANS Site # Descriptive Locations VW -24 The M.W.D. easement from Jasmine and Ironbark to Sweet Gum Dr. Ground cover area: Turf area: 475 square feet 4,730 square feet VW -25 The north side of Baseline from 384 feet west of Wanona Pl. to Etiwanda. The west side of Etiwanda from Baseline to Craig. The Baseline median from Swanson Pl. to Etiwanda. Ground cover area: 20,934 square feet Turf area: 3,079 square feet Hardscape: 12,799 square feet VW -26 The paseo from Grape to 630 feet west of Grape. Ground cover area Hardscape: 7,021 square feet 8,548 square feet VW -27 The south side of Baseline from 251 feet west of Swanson to Etiwanda. The Baseline median from Victoria Park Lane to Swanson Place. Ground cover area Hardscape 18,816 square feet 17,233 square feet VG -1 The turf and ground cover on the south side of Highland from the Deer Creek Channel to Fairmont. The turf and ground cover from Highland on the west side of Fairmont to Victoria Park Lane. The ground cover on the north side of Victoria Park Lane south of the horse trail from 475 feet east of Milliken to Fairmont. The turf on the north side of Victoria Park Lane from 275 feet east of Milliken to Fairmont. The turf in the parkway on the east side of Fairmont from Victoria Park Lane to Highland. Ground cover area: 21,573 square feet Turf area: 47,604 square feet Hardscape: 17,300 square feet Schedule IV, Page 20 Page 196 SCHEDULE IV SITE DESCRIPTIONS LMD 2 PARKWAYS, PASEOS AND MEDIANS Site # Descriptive Locations VG -2 The turf on the east side of York from Delaware to Fairmont. The ground cover on the south side of Fairmont from York Place and continuing on that curb line to Victoria Park Lane. The turf and ground cover on the south side of Victoria Park Lane west of Milliken from Fairmont to Milliken. The parkway on the west side of Milliken from Victoria Park Lane to Fairmont. The Milliken median from Fairmont to Victoria Park Lane. The turf on the north side of Victoria Park Lane from 273 feet west of Milliken to Milliken. The ground cover on the north side of Victoria Park Lane south of the horse trail from 468 feet west of Milliken to Milliken. Ground cover area: 53,416 square feet Turf area: 49,587 square feet Hardscape: 20,173 square feet VG -3 The turf and ground cover north of the sidewalk on the north side of Fairmont from Nova Ct. continuing on that curb line to York Pl. and the turf south of the sidewalk on the north side of Fairmont from Armstrong Pl. continuing on that curb line to York P1.The ground cover on the west side of York Pl. from Fairmont to Delaware and the ground cover on the east side of York P1.The turf and ground cover on the west side of Fairmont from Emerson continuing along that curb line to Armstrong Pl. The turf and ground cover on the east and west sides of Biola Pl. Ground cover area: 57,189 square feet Turf area: 38,343 square feet Hardscape: 26,848 square feet VG -4 The turf and ground cover on the south side of Fairmont from Armstrong to Milliken. The turf and ground cover on the west side of Milliken from Fairmont to the Pacific Electric Trail. The Milliken median from Fairmont to the Pacific Electric Trail. The ground cover on the north side of the Pacific Electric Trailfrom Deer Creek Channel to Rochester including the paseo to Baylor. The ground cover on the north side of Fairmont from Milliken to Nova Ct. The turf on the north side of Fairmont from Milliken to Armstrong. Ground cover area: 202,163 square feet Turf area: 19,751 square feet Hardscape: 12,278 square feet Schedule IV, Page 21 Page 197 Site # VG -5 VG -6 SCHEDULE IV SITE DESCRIPTIONS LMD 2 PARKWAYS, PASEOS AND MEDIANS Descriptive Locations The paseo from Biola at Amarillo to Delaware at York. Ground cover area: Turf area: Hardscape: 12,448 square feet 44,896 square feet 7,992 square feet The paseo beginning at the northeast corner of Victoria Groves Park and Fairmont and extending to the Deer Creek Channel. Ground cover area: Turf area: Hardscape: 73,442 square feet 74,778 square feet 16,629 square feet VG -7 The paseo that begins on the south side of Donnelly at Fairmont and continues to the Deer Creek Channel including the southward extension on the west side of Albright from Donnelly to Pacific and the paseo from Pacific to Charleston. Ground cover area: 43,427 square feet Turf area: 51,765 square feet Hardscape: 15,806 square feet VG -8 The ground cover on the west side of Milliken from 566 feet north of Victoria Park Lane to Victoria Park Lane. The ground cover and turf north of the horse trail on Victoria Park Lane from Milliken to Fairmont. The ground cover on the east side of Fairmont from Victoria Park Lane to 156 feet north of Victoria Park Lane. Ground cover area: 21,614 square feet Turf area: 8,614 square feet Hardscape: 8,281 square feet Schedule IV, Page 22 Page 198 SCHEDULE IV SITE DESCRIPTIONS LMD 2 PARKWAYS, PASEOS AND MEDIANS Site # Descriptive Locations VG -9 The ground cover on the east side of Fairmont from 156 feet north of Victoria Park Lane to Kenyon Way. The ground cover on the south side of Kenyon from Fairmont to 197 feet east of Fairmont. The turf on the south side of Kenyon from Fairmont to 316 feet east of Fairmont. The turf and ground cover on the south side of Baltimore Dr. from Fairmont to Baltimore Ct. The turf and ground cover on the north side of Baltimore Dr. from Fairmont to Vanderbilt. The turf and ground cover on the east side of Vanderbilt from Baltimore to Brown. The paseo from Vanderbilt and Brown to Kenyon. Ground cover area: 48,481 square feet Turf area: 11,357 square feet Hardscape: 13,542 square feet VG -10 The ground cover on the south side of Kenyon from 197 feet east of Fairmont to Milliken. The turf on the south side of Kenyon from 316 feet east of Fairmont to Milliken. The ground cover on the west side of Milliken from Kenyon to 566 feet north of Victoria Park Lane. The turf and ground cover on the west side of Capitol from Brown to Bethany. The paseo from Capitol and Brown to Kenyon. Ground cover area: 34,241 square feet Turf area: 11,031 square feet Hardscape: 5,320 square feet VG -11 The east and west side parkways and median of Milliken from Baseline to the Pacific Electric Trail. The north side of Baseline from 542 feet east of Milliken to Milliken. Ground cover area: 31,367 square feet Turf area: 17,264 square feet Hardscape: 25,524 square feet Schedule IV, Page 23 Page 199 SCHEDULE IV SITE DESCRIPTIONS LMD 2 PARKWAYS, PASEOS AND MEDIANS Site # Descriptive Locations VG -12 The turf and ground cover on the south side of Fairmont from the southeast corner of Milliken and Fairmont along the curb line to Victoria Park Lane. The turf and ground cover on the west side of Fairmont from the southwest corner of Victoria Park Lane and Fairmont (located east of Milliken) and continuing along the curb line to Milliken. The turf on the east side of Milliken from the Pacific Electric Trail to 730 feet south of Victoria Park Lane. The ground cover on the east side of Milliken from the Pacific Electric Trail to 766 feet south of Victoria Park Lane. Ground cover area: 53,068 square feet Turf area: 36,431 square feet Hardscape: 27,004 square feet VG -13 The paseos from Victoria Park Lane to Verona, Verona to Napoli, and Genova to Tivoli. Ground cover area: Turf area: Hardscape: 17,993 square feet 16,344 square feet 8,376 square feet VG -14 The Baseline median from Milliken to Ellena East. The turf and ground cover on the north side of Baseline from Ellena East to Ellena West. The turf and ground cover on the east side of Ellena West from Baseline and following the curb line to Kenyon. The north side of Ellena West from Kenyon to Casoli. The turf and ground cover on both sides of Casoli from Ellena West to Candela. The turf and ground cover on both sides of Crema Place from Ellena west to Candela. Ground cover area: 89,456 square feet Turf area: 62,999 square feet Hardscape: 44,826 square feet VG -15 The turf and ground cover on the west side of Rochester from the Pacific Electric Trail to Baseline. The north and south side of the paseo south of the Pacific Electric Trail from Rochester to Trivento Pl. The turf and ground cover on the north side of Baseline from Rochester to Ellena East. The Baseline Median from Rochester to Ellena East. The turf and ground cover on the east side of Ellena east from Baseline and continuing along that curb line to 275 feet north of Berra Road. The turf and ground cover on both sides of Berra from Ellena East to Comiso. The west side of Kenyon from Ellena East to the Pacific Electric Trail. Ground cover area: 58,588 square feet Turf area: 57,306 square feet Hardscape: 36,014 square feet Schedule IV, Page 24 Page 200 SCHEDULE IV SITE DESCRIPTIONS LMD 2 PARKWAYS, PASEOS AND MEDIANS Site # Descriptive Locations VG -16 The paseo from Baseline to Ellena West with entrances to Amelia and Pavola. Ground cover area: 9,661 square feet Turf area: 11,529 square feet Hardscape: 5,804 square feet VG -17 The paseo from Fairmont to the Pacific Electric Trail. The paseo from Fabriano to Martano. Ground cover area: Turf area: Hardscape: 35,351 square feet 40,291 square feet 16,394 square feet VG -18 The paseo from Rapallo to Gandino and south to the Pacific Electric Trail. Ground cover area: 4,281 square feet Hardscape: 1,308 square feet VG -19 The paseo from Tolentino to Pizolli and to Tolentino. Ground cover area: 12,555 square feet Turf area: 17,856 square feet Hardscape: 7,380 square feet VG -20 The turf on the east side of Milliken from 730 feet south of Victoria Park Lane to Victoria Park Lane. The ground cover on the east side of Milliken from 766 feet south of Victoria Park Lane to Victoria Park Lane. The turf and ground cover on the south side of Victoria Park Lane from the southeast corner at Milliken heading east to Fairmont. The turf and ground cover on the north side of Victoria Park Lane from Parma to the northeast corner of Milliken and Victoria Park Lane. The ground cover on the west side of Parma from Victoria Park Lane to Lomello. The Victoria Park Lane median from Milliken to Pandino Ct. The Milliken median from Victoria Park Lane to 440 feet south of Kenyon. The parkway on the west side of Milliken from 420 feet south of Kenyon to Victoria Park Lane. Ground cover area: 96,750 square feet Turf area: 77,461 square feet Hardscape: 22,177 square feet Schedule IV, Page 25 Page 201 SCHEDULE IV SITE DESCRIPTIONS LMD 2 PARKWAYS, PASEOS AND MEDIANS Site # Descriptive Locations VG -21 The ground cover on the east side of Parma from Victoria Park Lane to Lomello. The ground cover on the north side of Victoria Park Lane from Parma to 653 feet east of Kenyon. The turf on the north side of Victoria Park Lane from Parma to 547 feet east of Kenyon. The turf and ground cover on the south side of Victoria Park Lane from Fairmont to 422 feet east of Kenyon. The turf and ground cover on the east and west sides of Kenyon from Victoria Park Lane to the Pacific Electric Trail. The paseo from Kenyon to Rapallo. The paseo from Kenyon to Bari. The Victoria Park Lane median from Pandino Ct. to Portofino Ct. Ground cover area: 85,865 square feet Turf area: 41,994 square feet Hardscape: 34,478 square feet VG -22 The ground cover on the north side of Victoria Park Lane from 653 feet east of Kenyon to Rochester. The turf on the north side of Victoria Park Lane from 547 feet east of Kenyon to Rochester. The Victoria Park Lane median from Portofino Ct. to Rochester Ave. The turf and ground cover on the south side of Victoria Park Lane north of the sidewalk from Kenyon to the east side of Vintage Park. The turf and ground cover on the south side of Victoria Park Lane from the east side of Vintage Park to Rochester. The turf and ground cover on the west side of Rochester from Victoria Park Lane to the Pacific Electric Trail. Ground cover area: 115,144 square feet Turf area: 57,927 square feet Hardscape: 20,863 square feet VG -23 The turf and ground cover on the east side of Kenyon from Victoria Park Lane to 409 feet west of Grimaldi. The ground cover on the south side of Portofino from Kenyon to Bergano. The turf and ground cover on the north and south side of Lark from Kenyon to the west property line of Rancho Cucamonga High School. The ground cover on the east and west side of Matera from Lark to Pescara. The ground cover on the north and south side of Grimaldi from Kenyon to Brindisi. The turf and ground cover on the west side of Kenyon from Lark to Victoria Park Lane. The ground cover on the north and south side of Marcello from Kenyon to Landriano. The paseo from southwest corner of Kenyon Park to Kenyon. Ground cover area: 63,733 square feet Turf area: 82,565 square feet Hardscape: 39,297 square feet Schedule IV, Page 26 Page 202 SCHEDULE IV SITE DESCRIPTIONS LMD 2 PARKWAYS, PASEOS AND MEDIANS Site # Descriptive Locations VG -24 The north side of Kenyon from Autumn Glen court to Woodruff. The east side of Woodruff from Kenyon to 403 feet north of Kenyon. Ground cover area: 8,447 square feet Turf area: 5,320 square feet Hardscape: 5,622 square feet VG -25 The paseo west of Torino from Kenyon to Highland. The turf and ground cover on the south side of Highland from the northwest corner of Tract 13440 to the east end of Tract 13440. Ground cover area: 40,800 square feet Turf area: 24,134 square feet Hardscape: 14,353 square feet VG -26 The paseo from Brindisi Ct. to Messina. The turf and ground cover on the north side of Brindisi Ct. to the end of the cul-de-sac. The turf and ground cover on the west side of Messina from the paseo to Treviso Way. Ground cover area: 18,905 square feet Turf area: 1,141 square feet Hardscape: 3,615 square feet VG -27 The Milliken median from 440 feet south of Kenyon to Highland. The parkway on the west side of Milliken from 420 feet south of Kenyon. Ground cover area: 4,030 square feet Turf area: 3,006 square feet Hardscape: 4,222 square feet VG -28 The east side of Rochester from Victoria Park Lane to Highland. Ground cover area: 60,902 square feet Hardscape: 5,593 square feet Schedule IV, Page 27 Page 203 SCHEDULE IV SITE DESCRIPTIONS LMD 2 PARKWAYS, PASEOS AND MEDIANS Site # Descriptive Locations VG -29 The north side of Kenyon from Milliken to Fairmont. The groundcover on the east side of Fairmont, east of the sidewalk, from Kenyon to the 210 freeway. Ground cover area: 20,178 square feet Turf area: 16,877 square feet Hardscape: 5,736 square feet VG -30 The south side of Tresenda from Santo to Sapada. The paseo from Sapada to Carano. The south side of Montella from Carano to Trivento. Ground cover area: 6,797 square feet Turf area: 2,462 square feet Hardscape: 4,860 square feet VG -31 The east side of Brienza from Larino to Letini. The west side of Tindari from Letini to Larino. The Greenbelt on the south side of Marconi from Trivento to Comisco. The east side of Comisco from Scalea to Santo. Ground cover area: 23,419 square feet Turf area: 18,351 square feet Hardscape: 13,764 square feet VG -32 The north side of Candela from Terini to Bettoloa. Ground cover area: 20,172 square feet Turf area: 8,190 square feet Hardscape: 8,292 square feet VG -33 The paseo at the north end of Sapri to the Pacific Electric Trail. Ground cover area: 894 square feet Hardscape: 318 square feet Schedule IV, Page 28 Page 204 SCHEDULE IV SITE DESCRIPTIONS LMD 2 PARKWAYS, PASEOS AND MEDIANS Site # Descriptive Locations VG -34 The paseo at the north end of Bronte to the Pacific Electric Trail. Ground cover area: 894 square feet Hardscape: 318 square feet VG -35 The east side of Rochester from 555 feet south of Palmi to Victoria Park Lane. The south side of Victoria Park Lane and median from Rochester to east side of Deer Creek Channel. Ground cover area: 53,646 square feet Turf area: 11,150 square feet Hardscape: 17,555 square feet VG -36 The north side of Victoria Park Lane from the east side of Deer Creek Channel to Rochester. Ground cover area: 55,780 square feet Turf area: 10,500 square feet Hardscape: 8,004 square feet VG -37 The paseo at the end of Ardmoor Ct. to the Pacific Electric Trail. Ground cover area: 1,350 square feet Hardscape: 950 square feet VG -38 The east side of Milliken from 106 feet north of Victoria Park Lane to Kenyon. The north and south side of Spring Mist Drive from Milliken to Summerstone (curb to sidewalk only). The south side of Kenyon from Milliken to Kenyon Park. Ground cover area: 28,051 square feet Turf area: 4,533 square feet Hardscape: 12,879 square feet VG -39 The north side of Victoria Park Lane from Kenyon paseo to 132 feet east of Milliken. The Kenyon paseo from Victoria Park Lane to Fairwinds Court. The paseo from Victoria Park Lane to the south west corner of Kenyon Park. Ground cover area: 55,089 square feet Turf area: 13,120 square feet Hardscape: 7,676 square feet Schedule IV, Page 29 Page 205 SCHEDULE IV SITE DESCRIPTIONS LMD 2 PARKWAYS, PASEOS AND MEDIANS Site # Descriptive Locations VG -40 The south side of Highland from 413 feet west of Highland paseo to Highland paseo. The west side of Highland paseo from Highland to Kenyon. The north side of Kenyon from Highland paseo to Autumn Glen Court. Ground cover area: 56,553 square feet Hardscape: 12,314 square feet VG -41 The west side of Rochester from 294 feet south of Highland to Lark. The north side of Lark from Rochester to 1230 feet west of Rochester. Ground cover area: 31,413 square feet Hardscape: 13,338 square feet VG -42 The south side of Highland from 1314 feet west of Rochester to Rochester. The west side of Rochester from Highland to 294 feet south of Highland. The north side of Highland from Rochester to Woodruff. Ground cover area: 40,346 square feet. Hardscape: 15,445 square feet VG -43 The north side of Victoria Park Lane and the median from Day Creek Blvd. to Day Creek Channel. The east and west side of Kensington Pl. from Victoria Park Lane to Stratford Dr. Ground cover area: 70,669 square feet Turf area: 7,888 square feet Hardscape: 18,426 square feet VG -44 The west side of Day Creek Blvd. from 572 feet north of Silverberry to Day Creek Blvd. The south side of Silverberry from Kensington to Day Creek Blvd. Ground cover area: 36,835 square feet Hardscape: 24,376 square feet Schedule IV, Page 30 Page 206 SCHEDULE IV SITE DESCRIPTIONS LMD 2 PARKWAYS, PASEOS AND MEDIANS Site # Descriptive Locations VG -45 The west side of Milliken and the Milliken median from the 210 freeway to Kenyon. Ground cover area: 10,658 square feet Turf area: 610 square feet Hardscape: 5,589 square feet VG -46 The Baseline median from 657 feet east of Virginia Dr. to Rochester. The north side of Baseline from 278 feet east of Virginia to Rochester. The paseo from the northeast corner of Rochester and Base Line to Huntley. The east side of Rochester from Baseline to 105 feet north of Shenandoah. Ground cover area: 35,823 square feet Hardscape: 23,645 square feet VG -47 The north side of Baseline from 400 feet east of Day Creek Blvd. to Day Creek Blvd. Baseline median from Day Creek Blvd. to 595 feet east of Day Creek Blvd. Ground cover area: 9,515 square feet. Hardscape: 7,926 square feet VG -48 The east side of Day Creek Blvd. and median from Baseline to Victoria Park Lane. The south side of Victoria Park Lane from Day Creek Blvd. to 390 feet east of Day Creek Blvd. Ground cover area: 50,318 square feet Turf Area: 3,234 square feet Hardscape: 29,217 square feet VG -49 The north side of Victoria Park Lane and median from 390 feet east of Day Creek Blvd to Day Creek Blvd. The east side of Day Creek Blvd from Victoria Park Lane to Highland. The south side of Highland from Day Creek Blvd. to 440 feet east of Day Creek Blvd. Ground cover area: 51,459 square feet Turf Area: 3,930 square feet Hardscape: 32,296 square feet Schedule IV, Page 31 Page 207 SCHEDULE IV SITE DESCRIPTIONS LMD 2 PARKWAYS, PASEOS AND MEDIANS Site # Descriptive Locations VG -50 The west side of San Carmela from 389 feet north of Baseline to Baseline. The north side of Baseline from Carmela to 264 feet west of Durness. Ground cover area: 18,043 square feet Hardscape: 12,383 square feet VG -51 The Paseo south of Saxon to Pacific Electric Trail. Ground cover area: 1,398 square feet Hardscape: 969 square feet VG -52 The north side of Sugar Gum from Day Creek to Kensington. The south side of Sugar Gum from Day Creek to 111 feet east of Suffolk. Ground cover area: 4,362 square feet Hardscape: 3,325 square feet VG -53 The south side of Victoria Park Lane from 296 feet west of Kensington to Day Creek. The west side of Day Creek Blvd. from Victoria Park Lane to 397 feet south of Sugar Gum. Ground cover area: 28,532 square feet Turf Area: 11,070 square feet Hardscape: 7,720 square feet VG -54 The east side of Rochester from Shenandoah to the Pacific Electric Trail. Ground cover area: 6,864 square feet Hardscape: 5,136 square feet VG -55 The paseo north of Westhaven to the Pacific Electric Trail. Ground cover area: 1,775 square feet Hardscape: 2,575 square feet Schedule IV, Page 32 Page 208 SCHEDULE IV SITE DESCRIPTIONS LMD 2 PARKWAYS, PASEOS AND MEDIANS Site # Descriptive Locations VG -56 The south side of Highland from 1,317 feet west of Day Creek to 1,085 feet west of Day Creek including the non -irrigated slope on the south side of the sidewalk. Ground cover area: 5,274 square feet Hardscape: 1,761 square feet VG -57 The north side of Highland from Fairmont Way to the Day Creek Channel. Ground cover area: 16,157 square feet Hardscape: 17,405 square feet VG -58 The south side of Kenyon Way. from the Kenyon Park paseo entrance to Lark Dr. The south side of Lark Dr. from 568 feet west of Kenyon Way. to Kenyon Way. The paseo east of Kenyon Park from Kenyon Way to the east/west paseo of site VG -23. Ground cover area: 24,072 square feet Hardscape: 9,807 square feet Ground Cover Area Turf Area: Hardscape Area: Mulchscape Area: Grand Total: 3,220,382 square feet 1,354,270 square feet 1,299,124 square feet 21,071 square feet 5,894,847 square feet Schedule IV, Page 33 Page 209 Page 210 C O N T R A C T FAITHFUL PERFORMANCE BOND KNOW ALL MEN BY THESE PRESENT: THAT as Principal, and as Surety, are held and firmly bound unto the City of Rancho Cucamonga, hereinafter called City, in the just and full amount of (Written) $ (Figures) payment whereof we hereby bind ourselves, our heirs, executors administrators, successors and assigns, jointly and severally, firmly by these presents. Given under our hands and sealed with our seal this day of , 20 The condition of the foregoing obligation is such that, WHEREAS, the above-named principal is about to enter into a contract with the City, whereby said principal agrees to construct "LANDSCAPE AND IRRIGATION MAINTENANCE FOR GENERAL FUND, LMD 3A AND LMD 3B PARKWAYS, PASEOS AND MEDIANS" in accordance with the AGREEMENT dated , which said contract is hereby referred to and made a part hereof to the same extent as if the same were herein specifically set forth; NOW, THEREFORE, if the said principal shall well and truly do and perform all things agreed by the principal in said contract to be done and performed, then this obligation is to be void; otherwise it will remain in full force and effect; PROVIDED, that for value received the undersigned stipulate and agree that no amendment, change, extension of time, alteration or addition to said contract, or agreement, or of any feature or item or items of performance required therein or thereunder shall in any manner affect the obligations of the undersigned under this bond; and the surety does hereby waive notice of such amendment, limitation of time for bringing action on this bond by the City, change, extension of time, alteration or addition to said contract or agreement and of any feature or time of performance required therein or thereunder. WITNESS our hands this day of By: Surety: Individual Other, explain Title. By: Partnership Corporation 20 SIGNATURES OF CONTRACTOR MUST BE ACKNOWLEDGED BEFORE A NOTARY PUBLIC. PLEASE ATTACH APPROPRIATE ACKNOWLEDGMENT FORMS (INDIVIDUAL, PARTNERSHIP, CORPORATION, ETC.). B-1 Page 211 Bond No. PAYMENT BOND (Labor and Materials) KNOW ALL PERSONS BY THESE PRESENTS that: WHEREAS the CITY OF RANCHO CUCAMONGA (name of City) ("City") has awarded to (Name and address of Contractor) ("Principal"), a contract (the "Contract") for the work described as follows: "LANDSCAPE AND IRRIGATION MAINTENANCE FOR GENERAL FUND, LMD 3A AND LMD 3B PARKWAYS, PASEOS AND MEDIANS" WHEREAS, Principal is required under the terms of the Contract and the California Civil Code to secure the payment of claims of laborers, mechanics, materialmen, and other persons as provided by law. NOW THEREFORE, we, the undersigned Principal, and (Name and address of Surety) ("Surety") a duly admitted surety insurer under the laws of the State of California, as Surety, are held and firmly bound unto City in the penal sum of ($ ), this amount being not less than one hundred percent (1000) of the total contract price, in lawful money of the United States of America, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors, and assigns, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH THAT, if the hereby bounded Principal, his, her or its heirs, executors, administrators, successors or assigns, or subcontractors shall fail to pay any of the persons named in Section 9100 of the California Civil Code, or any amounts due under the Unemployment Insurance Code with respect to work or labor performed under the Contract, or for any amounts required to be deducted, withheld, and paid over to the Employment Development Department from the wages of employees of the Principal and subcontractors pursuant to Section 13020 of the Unemployment Insurance Code, with respect to work or labor performed under the Contract, the Surety will pay for the same in an amount not exceeding the penal sum specified in this bond; otherwise, this obligation shall become null and void. B-2 Page 212 Payment Bond (continued) This bond shall insure to the benefit of any of the persons named in Section 9100 of the California Civil Code so as to give a right of action to such persons or their assigns in any suit brought upon the bond. In case the suit is brought upon this bond, Surety further agrees to pay all court costs and reasonable attorneys' fees in an amount fixed by the court. FURTHER, the Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration, addition or modification to the terms of the Contract, or of the work to be performed thereunder, or the specifications for the same, shall in any way affect its obligations under this bond, and it does hereby waive notice of any such change, extension of time, alteration, addition, or modification to the terms of the Contract or to the work or to the specifications thereunder. Surety hereby waives the provisions of California Civil Code Sections 2845 and 2849. IN WITNESS WHEREOF, two (2) identical counterparts of this instrument, each of which shall for all purposes be deemed an original hereof, have been duly executed by Principal and Surety, on the date set forth below, the name of each corporate party being hereto affixed and these presents duly signed by its undersigned representative(s) pursuant to authority of its governing body. Date: "Principal" By: Its By: Its "Surety" By: Its By: Its (Seal) (Seal) Note: This bond must be executed in duplicate and dated, all signatures must be notarized, and evidence of the authority of any person signing as attorney-in-fact must be attached. B-3 Page 213 AGREEMENT FOR PROFESSIONAL SERVICES THIS AGREEMENT is made and entered into this DD day of MMMM 2019, by and between the City of Rancho Cucamonga, a municipal corporation ("City") and VENDOR NAME, a VENDOR TYPE ("Contractor"). RECITALS A. City has heretofore issued its request for proposals to perform the following services: Landscape and Irrigation Maintenance for LMD 2 Parkways, Paseos and Medians (RFP 19/20 -XXX) ("the Project"). B. Contractor has submitted a proposal to perform the services described in Recital "A", above, necessary to complete the Project. C. City desires to engage Contractor to complete the Project in the manner set forth and more fully described herein. D. Contractor represents that it is fully qualified and licensed under the laws of the State of California to perform the services contemplated by this Agreement in a good and professional manner. AGREEMENT NOW, THEREFORE, in consideration of performance by the parties of the mutual promises, covenants, and conditions herein contained, the parties hereto agree as follows: 1. Contractor's Services. 1.1 Scope and Level of Services. Subject to the terms and conditions set forth in this Agreement, City hereby engages Contractor to perform all services described in Recitals "A" and `B" above, including, but not limited to landscape and irrigation maintenance in LMD 2 parkways, paseos and medians; all as more fully set forth in RFP 19 -20 -XXX, attached hereto as Exhibit A, Contractor's proposal, dated MMMM DD, 2019, attached hereto as Exhibit B, and Schedule of Lump Sum and Unit Costs attached hereto as Exhibit C, hereinafter entitled "Scope of Work", and incorporated by reference herein. The nature, scope, and level of the services required to be performed by Contractor are set forth in the Scope of Work and are referred to herein as "the Services." In the event of any inconsistencies between the Scope of Work and this Agreement, the terms and provisions of this Agreement shall control. 1.2 Revisions to Scope of Work. Upon request of the City the Contractor will promptly meet with City staff to discuss any revisions to the Project desired by the City. Vendor Initials PSA without professional liability insurance (contractor) Page 1 Last Revised: 05/22/14 Page 214 Contractor agrees that the Scope of Work may be amended based upon said meetings, and, by amendment to this Agreement, the parties may agree on a revision or revisions to Contractor's compensation based thereon. A revision pursuant to this Section that does not increase the total cost payable to Contractor by more than ten percent (10%) of the total compensation specified in Section 3, may be approved in writing by City's Manager without amendment. 1.3 Time for Performance. Contractor shall perform all services under this Agreement in a timely, regular basis consistent with industry standards for professional skill and care, and in accordance with any schedule of performance set forth in the Scope of Work, or as set forth in a "Schedule of Performance", if such Schedule is attached hereto as Exhibit "N/A". 1.4 Standard of Care. As a material inducement to City to enter into this Agreement, Contractor hereby represents that it has the experience necessary to undertake the services to be provided. In light of such status and experience, Contractor hereby covenants that it shall follow the customary professional standards in performing the Services. 1.5 Familiarity with Services. By executing this Agreement, Contractor represents that, to the extent required by the standard of practice, Contractor (a) has investigated and considered the scope of services to be performed, (b) has carefully considered how the services should be performed, and (c) understands the facilities, difficulties and restrictions attending performance of the services under this Agreement. Contractor represents that Contractor, to the extent required by the standard of practice, has investigated any areas of work, as applicable, and is reasonably acquainted with the conditions therein. Should Contractor discover any latent or unknown conditions, which will materially affect the performance of services, Contractor shall immediately inform City of such fact and shall not proceed except at Contractor's risk until written instructions are received from the City Representative. 2. Term of Agreement. The term of this Agreement shall be one (1) year and shall become effective as of the date of the mutual execution by way of both party's signature (the "Effective Date"). No work shall be conducted; service or goods will not be provided until this Agreement has been executed and requirements have been fulfilled. Parties to this Agreement shall have the option to renew in one (1) year increments to a total of six (6) additional years, unless sooner terminated as provided in Section 14 herein. Prior to entering into an agreement for an annual extension the Contractor may request a cost of living increase in an amount not to exceed the increase in the March index of the Consumer Price Index All Urban Consumers for the Riverside -San Bernardino -Ontario, California area published by the U.S. Department of Labor, Bureau of Labor Statistics. Options to renew are contingent upon the City Manager's approval, subject to pricing review, and in accordance to all Terms and Conditions stated herein unless otherwise provided in writing by the City. 3. Compensation. 3.1 Compensation. City shall compensate Contractor as set forth in Exhibit PSA without professional liability insurance (contractor) Last Revised: 05/22/14 Vendor Initials Page 2 Page 215 C, provided, however, that full, total and complete amount payable to Contractor shall not exceed $ ( Dollars) for services during the City's fiscal year ending June 30, 2020 and $ ( Dollars) from July 1, 2020 through June 30, 2021, including all out of pocket expenses, unless additional compensation is approved by the City Manager or City Council. City shall not withhold any federal, state or other taxes, or other deductions. However, City shall withhold not more than ten percent (10%) of any invoice amount pending receipt of any deliverables reflected in such invoice. Under no circumstance shall Contractor be entitled to compensation for services not yet satisfactorily performed. The parties further agree that compensation may be adjusted in accordance with Section 1.2 to reflect subsequent changes to the Scope of Services. City shall compensate Contractor for any authorized extra services as set forth in Exhibit C. 4. Method of Payment. 4.1 Invoices. Contractor shall submit to City monthly invoices for the Services performed pursuant to this Agreement. The invoices shall describe in detail the Services rendered during the period and shall separately describe any authorized extra services. Any invoice claiming compensation for extra services shall include appropriate documentation of prior authorization of such services. All invoices shall be remitted to the City of Rancho Cucamonga, California. 4.2 City shall review such invoices and notify Contractor in writing within ten (10) business days of any disputed amounts. 4.3 City shall pay all undisputed portions of the invoice within thirty (30) calendar days after receipt of the invoice up to the not -to -exceed amounts set forth in Section 3. 4.4 All records, invoices, time cards, cost control sheets and other records maintained by Contractor relating to services hereunder shall be available for review and audit by the City. 5. Representatives. 5.1 City Representative. For the purposes of this Agreement, the contract administrator and City representative shall be William Wittkopf, Public Works Services Director, or such other person as designated in writing by the City ("City Representative"). It shall be Contractor's responsibility to assure that the City Representative is kept informed of the progress of the performance of the services, and Contractor shall refer any decisions that must be made by City to the City Representative. Unless otherwise specified herein, any approval of City required hereunder shall mean the approval of the City Representative. Vendor Initials PSA without professional liability insurance (contractor) Page 3 Last Revised: 05/22/14 Page 216 5.2 Contractor Representative. For the purposes of this Agreement, VENDOR REPRESENTATIVE, is hereby designated as the principal and representative of Contractor authorized to act in its behalf with respect to the services specified herein and make all decisions in connection therewith ("Contractor's Representative"). It is expressly understood that the experience, knowledge, capability and reputation of the Contractor's Representative were a substantial inducement for City to enter into this Agreement. Therefore, the Contractor's Representative shall be responsible during the term of this Agreement for directing all activities of Contractor and devoting sufficient time to personally supervise the services hereunder. Contractor may not change the Responsible Principal without the prior written approval of City. 6. Contractor's Personnel. 6.1 All Services shall be performed by Contractor or under Contractor's direct supervision, and all personnel shall possess the qualifications, permits, and licenses required by State and local law to perform such Services, including, without limitation, a City business license as required by the City's Municipal Code. 6.2 Contractor shall be solely responsible for the satisfactory work performance of all personnel engaged in performing the Services and compliance with the standard of care set forth in Section 1.4. 6.3 Contractor shall be responsible for payment of all employees' and subcontractors' wages and benefits, and shall comply with all requirements pertaining to employer's liability, workers' compensation, unemployment insurance, and Social Security. By its execution of this Agreement, Contractor certifies that it is aware of the provisions of Section 3700 of the California Labor Code that require every employer to be insured against liability for Worker's Compensation or to undertake self-insurance in accordance with the provisions of that Code, and agrees to comply with such provisions before commencing the performance of the Services. 6.4 Contractor shall indemnify, defend and hold harmless City and its elected officials, officers and employees, servants, designated volunteers, and agents serving as independent contractors in the role of City officials, from any and all liability, damages, claims, costs and expenses of any nature to the extent arising from Contractor's violations of personnel practices and/or any violation of the California Labor Code. City shall have the right to offset against the amount of any fees due to Contractor under this Agreement any amount due to City from Contractor as a result of Contractor's failure to promptly pay to City any reimbursement or indemnification arising under this Section 6. 7. Ownership of Work Product. 7.1 Ownership. All documents, ideas, concepts, electronic files, drawings, photographs and any and all other writings, including drafts thereof, prepared, created or provided by Contractor in the course of performing the Services, including any and all Vendor Initials PSA without professional liability insurance (contractor) Page 4 Last Revised: 05/22/14 Page 217 intellectual and proprietary rights arising from the creation of the same (collectively, "Work Product"), are considered to be "works made for hire" for the benefit of the City. Upon payment being made, and provided Contractor is not in breach of this Agreement, all Work Product shall be and remain the property of City without restriction or limitation upon its use or dissemination by City. Basic survey notes, sketches, charts, computations and similar data prepared or obtained by Contractor under this Agreement shall, upon request, be made available to City. None of the Work Product shall be the subject of any common law or statutory copyright or copyright application by Contractor. In the event of the return of any of the Work Product to Contractor or its representative, Contractor shall be responsible for its safe return to City. Under no circumstances shall Contractor fail to deliver any draft or final designs, plans, drawings, reports or specifications to City upon written demand by City for their delivery, notwithstanding any disputes between Contractor and City concerning payment, performance of the contract, or otherwise. This covenant shall survive the termination of this Agreement. City's reuse of the Work Product for any purpose other than the Project, shall be at City's sole risk. 7.2. Assignment of Intellectual Property Interests: Upon execution of this Agreement and to the extent not otherwise conveyed to City by Section 7.1, above, the Contractor shall be deemed to grant and assign to City , and shall require all of its subcontractors to assign to City , all ownership rights, and all common law and statutory copyrights, trademarks, and other intellectual and proprietary property rights relating to the Work Product and the Project itself, and Contractor shall disclaim and retain no rights whatsoever as to any of the Work Product, to the maximum extent permitted by law. City shall be entitled to utilize the Work Product for any and all purposes, including but not limited to constructing, using, maintaining, altering, adding to, restoring, rebuilding and publicizing the Project or any aspect of the Project. 7.3 Title to Intellectual PropertX. Contractor warrants and represents that it has secured all necessary licenses, consents or approvals to use any instrumentality, thing or component as to which any intellectual property right exists, including computer software, used in the rendering of the Services and the production of the Work Product and/or materials produced under this Agreement, and that City has full legal title to and the right to reproduce any of the Work Product. Contractor shall defend, indemnify and hold City, and its elected officials, officers, employees, servants, attorneys, designated volunteers, and agents serving as independent contractors in the role of City officials, harmless from any loss, claim or liability in any way related to a claim that City's use is violating federal, state or local laws, or any contractual provisions, relating to trade names, licenses, franchises, patents or other means of protecting intellectual property rights and/or interests in products or inventions. Contractor shall bear all costs arising from the use of patented, copyrighted, trade secret or trademarked documents, materials, software, equipment, devices or processes used or incorporated in the Services and materials produced under this Agreement. In the event City's use of any of the Work Product is held to constitute an infringement and any use thereof is enjoined, Contractor, at its expense, shall: (a) secure for City the right to continue using the Work Product by suspension of any injunction or by procuring a license or licenses for City; or (b) modify the Work Product so that it becomes non- infringing. This covenant shall survive the termination of this Agreement. Vendor Initials PSA without professional liability insurance (contractor) Page 5 Last Revised: 05/22/14 Page 218 8. Status as Independent Contractor. Contractor is, and shall at all times remain as to City, a wholly independent contractor. Contractor shall have no power to incur any debt, obligation, or liability on behalf of City or otherwise act as an agent of City. Neither City nor any of its agents shall have control over the conduct of Contractor or any of Contractor's employees, except as set forth in this Agreement. Contractor shall not, at any time, or in any manner, represent that it or any of its officers, agents or employees are in any manner employees of City. Contractor shall pay all required taxes on amounts paid to Contractor under this Agreement, and to defend, 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. Contractor shall fully comply with the workers' compensation law regarding Contractor and Contractor's employees 9. Confidentiality. Contractor may have access to financial, accounting, statistical, and personnel data of individuals and City employees. Contractor covenants that all data, documents, discussion, or other information developed or received by Contractor or provided for performance of this Agreement are confidential and shall not be disclosed by Contractor without prior written authorization by City. City shall grant such authorization if applicable law requires disclosure. All City data shall be returned to City upon the termination of this Agreement. Contractor's covenant under this Section shall survive the termination of this Agreement. This provision shall not apply to information in whatever form that is in the public domain, nor shall it restrict the Contractor from giving notices required by law or complying with an order to provide information or data when such an order is issued by a court, administrative agency or other legitimate authority, or if disclosure is otherwise permitted by law and reasonably necessary for the Contractor to defend itself from any legal action or claim. 10. Conflict of Interest. 10.1 Contractor covenants that it presently has no interest and shall not acquire any interest, direct or indirect, which may be affected by the Services, or which would conflict in any manner with the performance of the Services. Contractor further covenants that, in performance of this Agreement, no person having any such interest shall be employed by it. Furthermore, Contractor shall avoid the appearance of having any interest, which would conflict in any manner with the performance of the Services. Contractor shall not accept any employment or representation during the term of this Agreement which is or may likely make Contractor "financially interested" (as provided in California Government Code §§1090 and 87100) in any decision made by City on any matter in connection with which Contractor has been retained. 10.2 Contractor further represents that it has not employed or retained any person or entity, other than a bona fide employee working exclusively for Contractor, to solicit or obtain this Agreement. Contractor has not paid or agreed to pay any person or entity, other than a bona fide employee working exclusively for Contractor, any fee, commission, gift, percentage, or any other consideration contingent upon the execution of this Agreement. Upon any breach or violation of this warranty, City shall have the right, at its sole and absolute Vendor Initials PSA without professional liability insurance (contractor) Page 6 Last Revised: 05/22/14 Page 219 discretion, to terminate this Agreement without further liability, or to deduct from any sums payable to Contractor hereunder the full amount or value of any such fee, commission, percentage or gift. 10.3 Contractor has no knowledge that any officer or employee of City has any interest, whether contractual, noncontractual, financial, proprietary, or otherwise, in this transaction or in the business of Contractor, and that if any such interest comes to the knowledge of Contractor at any time during the term of this Agreement, Contractor shall immediately make a complete, written disclosure of such interest to City, even if such interest would not be deemed a prohibited "conflict of interest" under applicable laws as described in subsection 10.1. 11. Indemnification. 11.1 To the maximum extent permitted by law, the Contractor shall defend, indemnify and hold the City, and its elected officials, officers, employees, servants, volunteers, and agents serving as independent contractors in the role of City officials, (collectively, "Indemnitees"),free and harmless with respect to any and all damages, liabilities, losses, reasonable defense costs or expenses (collectively, "Claims"), including but not limited to Claims relating to death or injury to any person and injury to any property, which arise out of, pertain to, or relate to the acts, omissions, activities or operations of Contractor or any of its officers, employees, subcontractors, Contractors, or agents in the performance of this Agreement. Contractor shall defend Indemnitees in any action or actions filed in connection with any such Claims with counsel of City's choice, and shall pay all costs and expenses, including actual attorney's fees and experts' costs incurred in connection with such defense. The indemnification obligation herein shall not in any way be limited by the insurance obligations contained in this Agreement provided, however, that the Contractor shall have no obligation to indemnify for Claims arising out of the sole negligence or willful misconduct of any of the Indemnitees. 11.2 Nonwaiver of Rights. Indemnitees do not, and shall not, waive any rights that they may possess against Contractor because of the acceptance by City, or the deposit with City, of any insurance policy or certificate required pursuant to this Agreement. 11.3 Waiver of Right of Subro ag tion. Except as otherwise expressly provided in this Agreement, Contractor, on behalf of itself and all parties claiming under or through it, hereby waives all rights of subrogation against the Indemnitees, while acting within the scope of their duties, from all claims, losses and liabilities arising out of or incident to activities or operations performed by or on behalf of the Contractor. 11.4 Survival. The provisions of this Section 11 shall survive the termination of the Agreement and are in addition to any other rights or remedies which Indemnitees may have under the law. Payment is not required as a condition precedent to an Indemnitee's right to recover under this indemnity provision, and an entry of judgment against Contractor shall be conclusive in favor of the Indemnitee's right to recover under this indemnity provision. Vendor Initials PSA without professional liability insurance (contractor) Page 7 Last Revised: 05/22/14 Page 220 12. Insurance. 12.1 Liability Insurance. Contractor shall procure and maintain in full force and effect for the duration of this Agreement, insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the services hereunder by Contractor, and/or its agents, representatives, employees or subcontractors. 12.2 Minimum Scope of Insurance. Unless otherwise approved by City, coverage shall be at least as broad as: (1) Insurance Services Office Commercial General Liability coverage (occurrence form CG 0001). (2) Insurance Services Office form number CA 0001 (Ed. 1/87) covering Automobile Liability, code 1 (any auto). (3) Worker's Compensation insurance as required by the State of California, and Employer's Liability Insurance. 12.3 Minimum Limits of Insurance. Contractor shall maintain limits no less than: (1) Commercial General Liability: $2,000,000 per occurrence for bodily injury, personal injury and property damage. Commercial General Liability Insurance or other form with a general aggregate limit shall apply separately to this Agreement or the general limit shall be twice the required occurrence limit. (2) Automobile Liability: $2,000,000 per accident for bodily injury and property damage. (3) Employer's Liability: $1,000,000 per accident and in the aggregate for bodily injury or disease and Workers' Compensation Insurance in the amount required by law. (4) The Insurance obligations under this Agreement shall be the greater of (i) the Insurance coverages and limits carried by the Contractor; or (ii) the minimum Insurance coverages and limits shown in this Agreement. Any insurance proceeds in excess of the specified limits and coverage required which are applicable to a given loss, shall be available to the City. No representation is made that the minimum Insurance requirements of this Agreement are sufficient to cover the obligations of the PSA without professional liability insurance (contractor) Last Revised: 05/22/14 Vendor Initials Page 8 Page 221 Contractor under this agreement. 12.4 Deductibles and Self -Insured Retentions. Any deductibles or self- insured retentions must be declared to and approved by the City and shall not reduce the limits of coverage. City reserves the right to obtain a full certified copy of any required insurance policy and endorsements. 12.5 Other Insurance Provisions. (1) The commercial general liability and automobile liability policies are to contain the following provisions on a separate additionally insured endorsement naming the City, its officers, officials, employees, designated volunteers and agents serving as independent contractors in the role of City officials, as additional insureds as respects: liability arising out of activities performed by or on behalf of Contractor; products and completed operations of Contractor; premises owned, occupied or used by Contractor; and/or automobiles owned, leased, hired or borrowed by Contractor. The coverage shall contain no limitations on the scope of protection afforded to City, its officers, officials, employees, designated volunteers or agents serving as independent contractors in the role of City officials which are not also limitations applicable to the named insured. (2) For any claims related to this Agreement, Contractor's insurance coverage shall be primary insurance as respects City, its officers, officials, employees, designated volunteers and agents serving as independent contractors in the role of City officials. Any insurance or self-insurance maintained by City, its officers, officials, employees, designated volunteers or agents serving as independent contractors in the role of City officials shall be in excess of Contractor's insurance and shall not contribute with it. (3) Contractor's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. (4) Contractor shall provide immediate written notice if (1) any of the required insurance policies is terminated; (2) the limits of any of the required polices are reduced; (3) or the deductible or self- insured retention is increased. In the event of any cancellation or reduction in coverage or limits of any insurance, Contractor shall forthwith obtain and submit proof of substitute insurance. Should Contractor fail to immediately procure other insurance, as specified, to substitute for any canceled policy, the City may PSA without professional liability insurance (contractor) Last Revised: 05/22/14 Vendor Initials Page 9 Page 222 procure such insurance at Contractor's sole cost and expense. (5) Each insurance policy required by this clause shall expressly waive the insurer's right of subrogation against City, its elected officials, officers, employees, servants, attorneys, designated volunteers, and agents serving as independent contractors in the role of City officials. (6) Each policy shall be issued by an insurance company approved in writing by City, which is admitted and licensed to do business in the State of California and which is rated ANII or better according to the most recent A.M. Best Co. Rating Guide. (7) Each policy shall specify that any failure to comply with reporting or other provisions of the required policy, including breaches of warranty, shall not affect the coverage required to be provided. (8) Each policy shall specify that any and all costs of adjusting and/or defending any claim against any insured, including court costs and attorneys' fees, shall be paid in addition to and shall not deplete any policy limits. (9) Contractor shall provide any and all other insurance, endorsements, or exclusions as required by the City in any request for proposals applicable to this Agreement. 12.6 Evidence of coverage. Prior to commencing performance under this Agreement, the Contractor shall furnish the City with certificates and original endorsements, or copies of each required policy, effecting and evidencing the insurance coverage required by this Agreement including (1) Additional Insured Endorsement(s), (2) Worker's Compensation waiver of subrogation endorsement, and (3) General liability declarations or endorsement page listing all policy endorsements. The endorsements shall be signed by a person authorized by the insurer(s) to bind coverage on its behalf. All endorsements or policies shall be received and approved by the City before Contractor commences performance. If performance of this Agreement shall extend beyond one year, Contractor shall provide City with the required policies or endorsements evidencing renewal of the required policies of insurance prior to the expiration of any required policies of insurance. 12.7 Contractor agrees to include in all contracts with all subcontractors performing work pursuant to this Agreement, the same requirements and provisions of this Agreement including the indemnity and insurance requirements to the extent they apply to the scope of any such subcontractor's work. Contractor shall require its subcontractors to be bound to Contractor and City in the same manner and to the same extent as Contractor is bound to City pursuant to this Agreement, and to require each of its subcontractors to include these same provisions in its contract with any sub -subcontractor. Vendor Initials PSA without professional liability insurance (contractor) Page 10 Last Revised: 05/22/14 Page 223 13. Cooperation. In the event any claim or action is brought against City relating to Contractor's performance or services rendered under this Agreement, Contractor shall render any reasonable assistance and cooperation that City might require. City shall compensate Contractor for any litigation support services in an amount to be agreed upon by the parties. 14. Termination. City shall have the right to terminate this Agreement at any time for any or no reason on not less than ten (10) days prior written notice to Contractor. In the event City exercises its right to terminate this Agreement, City shall pay Contractor for any services satisfactorily rendered prior to the effective date of the termination, provided Contractor is not then in breach of this Agreement. Contractor shall have no other claim against City by reason of such termination, including any claim for compensation. City may terminate for cause following a default remaining uncured more than five (5) business days after service of a notice to cure on the breaching party. Contractor may terminate this Agreement for cause upon giving the City D ten (10) business days prior written notice for any of the following: (1) uncured breach by the City of any material term of this Agreement, including but not limited to Payment Terms; (2) material changes in the conditions under which this Agreement was entered into, coupled with the failure of the parties to reach accord on the fees and charges for any Additional Services required because of such changes. 15. Notices. Any notices, bills, invoices, or reports authorized or required by this Agreement shall be in writing and shall be deemed received on (a) the day of delivery if delivered by hand or overnight courier service during Contractor's and City's regular business hours; or (b) on the third business day following deposit in the United States mail, postage prepaid, to the addresses set forth in this Section, or to such other addresses as the parties may, from time to time, designate in writing pursuant to the provisions of this Section. All notices shall be addressed as follows: If to City: William Wittkopf City of Rancho Cucamonga Public Works Services Department 8794 Lion Street Rancho Cucamonga, CA 91730 If to Contractor: NAME, TITLE VENDOR NAME STREET ADDRESS CITY, STATE, ZIP CODE 16. Non -Discrimination and Equal Employment Opportunity. In the performance of this Agreement, Contractor shall not discriminate against any employee, subcontractor, or applicant for employment because of race, color, creed, religion, sex, marital status, national origin, ancestry, age, physical or mental handicap, medical condition, or sexual Vendor Initials PSA without professional liability insurance (contractor) Page 11 Last Revised: 05/22/14 Page 224 orientation. Contractor will take affirmative action to ensure that subcontractors and applicants are employed, and that employees are treated during employment, without regard to their race, color, creed, religion, sex, marital status, national origin, ancestry, age, physical or mental handicap, medical condition, or sexual orientation. 17. Assignment and Subcontracting. Contractor shall not assign or transfer any interest in this Agreement or subcontract the performance of any of Contractor's obligations hereunder without City's prior written consent. Except as provided herein, any attempt by Contractor to so assign, transfer, or subcontract any rights, duties, or obligations arising hereunder shall be null, void and of no effect. 18. Compliance with Laws. Contractor shall comply with all applicable federal, state and local laws, ordinances, codes and regulations in force at the time Contractor performs the Services. Contractor is aware of the requirements of California Labor Code Section 1720, et seq., and 1770, et seq., as well as California Code of Regulations, Title 8, Section 16000, et seq., ("Prevailing Wage Laws"), which require the payment of prevailing wage rates and compliance with other requirements on "public works" and "maintenance" projects. If the Services are being performed as part of an applicable "public works" or "maintenance" project, as defined by the Prevailing Wage Laws, and if the total compensation is $1,000 or more, Contractor agrees to fully comply with such Prevailing Wage Laws. The applicable prevailing wage rate determinations can be found at http://www.dir.ca.gov/dlsr/DPreWageDetermination.htm Contractor shall make copies of the prevailing rates of per diem wages for each craft, classification or type of worker needed to execute the Services, available to interested parties upon request, and shall post copies at the Contractor's principal place of business and at the Project site. Contractor shall defend, indemnify and hold the City, its elected officials, officers, employees and agents free and harmless from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws. 19. Non -Waiver of Terms, Rights and Remedies. Waiver by either party of any one or more of the conditions of performance under this Agreement shall not be a waiver of any other condition of performance under this Agreement. In no event shall the making by City of any payment to Contractor constitute or be construed as a waiver by City of any breach of covenant, or any default which may then exist on the part of Contractor, and the making of any such payment by City shall in no way impair or prejudice any right or remedy available to City with regard to such breach or default. 20. Attorney's Fees. In the event that either party to this Agreement shall commence any legal 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 of experts. 21. Exhibits; Precedence. All documents referenced as exhibits in this Agreement are hereby incorporated in this Agreement. In the event of any material discrepancy between the express provisions of this Agreement and the provisions of any document incorporated herein Vendor Initials PSA without professional liability insurance (contractor) Page 12 Last Revised: 05/22/14 Page 225 by reference, the provisions of this Agreement shall prevail. 22. Applicable Law and Venue. The validity, interpretation, and performance of this Agreement shall be controlled by and construed under the laws of the State of California. Venue for any action relating to this Agreement shall be in the San Bernardino County Superior Court. 23. Construction. In the event of any asserted ambiguity in, or dispute regarding the interpretation of any matter herein, the interpretation of this Agreement shall not be resolved by any rules of interpretation providing for interpretation against the party who causes the uncertainty to exist or against the party who drafted the Agreement or who drafted that portion of the Agreement. 24. Entire Agreement. This Agreement consists of this document, and any other documents, attachments and/or exhibits referenced herein and attached hereto, each of which is incorporated herein by such reference, and the same represents the entire and integrated agreement between Contractor and City. This Agreement supersedes all prior oral or written negotiations, representations or agreements. This Agreement may not be amended, nor any provision or breach hereof waived, except in a writing signed by the parties which expressly refers to this Agreement. IN WITNESS WHEREOF, the parties, through their respective authorized representatives, have executed this Agreement as of the date first written above. Contractor Name: VENDOR NAME By: Name Title By: Name Date Date Title (two signatures required if corporation) City of Rancho Cucamonga By: Name Title Date Vendor Initials PSA without professional liability insurance (contractor) Page 13 Last Revised: 05/22/14 Page 226 EXHIBIT A SCOPE OF SERVICES PSA without professional liability insurance (contractor) Last Revised: 05/22/14 Vendor Initials Page 14 Page 227 EXHIBIT B SCHEDULE FOR PERFORMANCE PSA without professional liability insurance (contractor) Last Revised: 05/22/14 Vendor Initials Page 15 Page 228 Attachment A — Sample Waiver of Subrogation (Sample Only — Not all forms will look identical to this Sample) TRAVELERS) POLICY NUMBER WORKERS COMPENSATION AND EMPLOYERS LIABILITY POLICY ENDORSEMENT WC 00 63 13 (00) - 01 WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or arganizat Ion named in the Schedule. (This agreement applies Only to the extent that you perform work under a written contract that requires you to obtain this agreement from us-) Thi agr Vment hall no operate directly or directly to benefit any one not named in the Schedule. Tie Carty - Rancho Cucamonga, its o�f�i j%Lgfficials, employees, designated volunteers and agents serving as independent contractors in the role of City or �O ,C Z D PER$ DESIGNATED ORGANIZATION: PSA without professional liability insurance (contractor) Last Revised: 05/22/14 Vendor Initials Page 16 Page 229 Attachment B — Sample Additional Insured for On-going Projects PSA without professional liability insurance (contractor) Last Revised: 05/22/14 Vendor Initials Page 17 Page 230 POLICY NUMBER: COMMERCIAL GENERAL LIABILITY CG 20 10 07 04 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED -- OWNERS, LESSEES OR CONTRACTORS — SCHEDULED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or ❑ anization ($I* Locations Of Covered Operations The City of Rancho Cucamonga, its officers, officials, employees, designated volunteers and agents serving as independent contractors in the role of City or officials. Information required to complete this Schedule, if not shown above, will be shown in the Declarations. A. Section II — Who Is An Insured is amended to include as an additional insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused, in whole or in part, by: 1. Your acts or omissions; or Z. The acts or omissions of those acting on your behalf; in the performance of your ongoing operations For the additional lnsured[s] at the location(s) desig- nated above. CG 20 10 07 04 B. With respect to the insurance afforded to these additional insureds, the following additional exclu- sions apply: This insurance does not apply to "bodily injury" or "property damage" occurring after; 1. All work, including materials, parts or equip- ment furnished in connection with such work, on the project (other than service, maintenance or repairs) to be performed by or on behalf of the additional insured(s) at the location of the covered operations has been completed; or 2. That portion of "your work" out of which the injury or damage arises has been put to its in- tended use by any person or organization other than another contractor or subcontractor en- gaged in performing operations for a principal as a part of the same project. Q [SO Properties, Inc., 2004 PSA without professional liability insurance (contractor) Last Revised: 05/22/14 Page 1 of 1 13 Vendor Initials Page 18 Page 231 RANCHO CUCAMONGA Addendum No. 001 Request for Proposal ("RFP") #19/20-012 for LIVID 2 Parkway Paseo & Median Island Landscape & Irrigation Maintenance August 24, 2019 Re: Clarifications Ladies and Gentlemen: This is Addendum No. 001 to Request for Proposal (RFP) #19/20-012 for LIVID 2 Parkway Paseo & Median Island Landscape & Irrigation Maintenance. This Addendum provides various clarifications for vendor review and consideration in preparing their Proposal responses. The due date remains September 19, 2019, by 9:00 am. If there are any questions regarding this Addendum, please feel free to contact me via email at ruth.cain@cityofrc.us. Sincerely, Ruth Cain, CPPB, Procurement Manager City of Rancho Cucamonga Procurement Division Page 232 City of Rancho Cucamonga Request for Proposal (RFP) # 19/20-012 For LIVID 2 Parkway Paseo & Median Island & Irrigation Maintenance Landscape Clarification: Certain landscape specifications are often overlooked or misunderstood on these contracts. They include but are not limited to: • Complete Tree Service - As Required @ "A" service Level. "B" and "C" tree service is primarily staking, training, and clearance pruning. See Schedule III pgs. 10 & 11 in the RFP. • Planter Wood Chip Maintenance - Required at all landscape sites that contain mulch but are not designated mulchscape sites. This project is required annually regardless of service level. Planter wood chip maintenance should not be confused with mulchscape maintenance. See page 39 in the RFP. See Schedule III page 8 in the RFP. • Pruning Specifications - "A" service level is hand pruning for natural shapes only. "B" and "C" service is shearing. Boxing and balling or individualizing of shrubs is not allowed. See Schedule III page 8 in the RFP. • Hardscape Maintenance - Includes the curb/gutter & asphalt interface, flowlines and under -sidewalk drains. See page 39 in the RFP. • Edging and Turf Border Maintenance - "Turfgrass borders" include sidewalks, pads, tree wells, valve boxes, and curbs. In addition to the string trimmer edging that is required concurrently with each mowing, a metal edger blade must be used monthly along curbs and sidewalks to promote a clean edge and a quality product. See page 25 in the RFP. • Decomposed Granite (DG) - Except for horse trails, maintenance on all DG surfaces will require maintenance at all service levels. These areas have been inventoried as groundcover and are paid under the unit cost for ground cover. See Schedule III page 12 in the RFP for the details of each service level. • Measurement and Payment — All sites are evaluated for contract compliance at the end of the month. Sites that are not maintained to contract specification are subject to deduction on a square foot basis for the entire site. See page 20 and 21 for details. Addendum No. 001 Page 2 of 13 Page 233 City of Rancho Cucamonga Request for Proposal (RFP) # 19/20-012 For LIVID 2 Parkway Paseo & Median Island & Irrigation Maintenance Irrigation: Irrigation Specifications often overlooked or misunderstood on these Contracts include but are not limited to: • Irrigation Extra Work. All routine repairs to the irrigation systems are to be borne by the contractor. The City only pays for the costs to repair all valves, irrigation pumps, backflow preventers, pressure lines. In addition, the City pays for the costs of irrigation repairs that are beyond the control of the contractor such as vandalism, acts of nature, and vehicular accidents. Refer to page 35 in the RFP for details. • Tools Required for Irrigation Work. The contractor is required to provide all labor, equipment and materials, necessary for performing landscape and irrigation maintenance. For irrigation repairs, this includes but is not limited to: a wire tracer, a fault locater, station masters, and multimeters. See page 16 in the RFP. • Certified Water Auditor and Manager Requirement. This person does not perform repairs. Instead, this person's primary duty is to manage water and supervise the irrigation repair staff. See page 17, 35 and 36 of the RFP. • Adjustment of Sprinkler Heads. This specification does not just include nozzle adjustment, it also includes raising sprinkler heads. See page 32 in the RFP. • Bi -weekly Irrigation Reports. In addition to weekly irrigation inspections at all sites, the City also requires bi-weekly irrigation reports. These reports must be attached to the monthly billing for payment. See page 33 of the RFP. • Chipper and Chipper Operator Requirement. To reduce green waste, improve efficiency, and improve the soil, the City will ask the contractor to chip pruning debris in place as much as is practical. Therefore, a trained chipper operator, and a chipper must be available at no additional cost to the City. See page 38 of the RFP for details. Addendum No. 001 Page 3 of 13 Page 234 City of Rancho Cucamonga Request for Proposal (RFP) # 19/20-012 For LMD 2 Parkway Paseo & Median Island & Irrigation Maintenance Maintenance: Maintenance Issues Requiring Extra Consideration. • Weed and Pest Control — A good weed and pest control program is extremely important for success. "A" and "B" service is complete and continuous control and/or eradication of all Landscape pests and weeds. "C" service level is complete, thorough and consistent control and eradication all pests and weeds every 90 days. For weeds, pre - emergent herbicides must include broadcast applications over the entire planter area, as well as post -emergent spot spraying. See Schedule III page 5 for details. • Volunteer Trees and Plants are Considered Weeds. If the only thing that is done to control volunteers is to shear or prune them along with the landscape plants, they will continue to grow and will result in a poor -quality landscape and could lead to site deductions for the month. Volunteers will need to either be dug out or clipped and then dipped with Glyphosate for adequate control. • Traffic Control — Safety is extremely important for workers and the public. Never allow your crews to partially close lanes on busy streets, set up inadequate and unsafe cone tapers or set out inadequate signage. All lane closures must comply with the WATCH manual. The contractor will be required to train all supervisory staff in traffic control and provide evidence of that training. The contractor is also required to obtain a traffic control permit from the City Engineer. See page 23 and 24 in the RFP for further detail. • Sidewalk, Street, and Trail Clearance — Regardless of the service level, hazards are always a top priority and must be addressed as soon as possible. The most common hazards found in the landscape are sidewalk, road and trail clearance, as well as site line obstructions for traffic. To stay on top these hazards, Supervisory staff must constantly and routinely inspect for these hazards and direct their crews to address the quickly. • Planter Fertilizer— In most cases, planter fertilizer needs to be broadcast throughout the planter. This is because most planters have feeder roots throughout the planter. When a planter fertilizer project is completed, we compare the product label requirements to the inventory. An acceptable application runs somewhere between 50 — 100% coverage. Addendum No. 001 Page 4 of 13 Page 235 City of Rancho Cucamonga Request for Proposal (RFP) # 19/20-012 For LIVID 2 Parkway Paseo & Median Island & Irrigation Maintenance REFERENCE PHOTOS Boxed, Balled, and Individualized Shrubs (This style is non-compliant at all service levels) Correct Hand Pruning. Note the natural look where the plants have been raised up slightly off the ground, and the plants have not been individualized. (Required at "A" service level) Addendum No. 001 Page 5 of 13 Page 236 City of Rancho Cucamonga Request for Proposal (RFP) # 19/20-012 For LIVID 2 Parkway Paseo & Median Island & Irrigation Maintenance • Natural Shearing (Required at "B" and "C" Service Levels) This is what weed control Looks like when Broadcasted Pre -emergent is not applied on a proper schedule. Addendum No. 001 Page 6 of 13 Page 237 City of Rancho Cucamonga Request for Proposal (RFP) # 19/20-012 For LMD 2 Parkway Paseo & Median Island & Irrigation Maintenance s J ', rlt � f " .�: sl:Gib.?au'iL3fc'#7kr:.:➢'�ifSl�l Volunteers are considered weeds and will result in site deductions if left unaddressed. Turf Borders include not only curbs and sidewalks, they also include valve boxes, tree wells, and pads. Addendum No. 001 Page 7 of 13 Page 238 City of Rancho Cucamonga Request for Proposal (RFP) # 19/20-012 For LIVID 2 Parkway Paseo & Median Island & Irrigation Maintenance An example of Wood Chip Maintenance. Wood chip Maintenance should not be confused with Mulchscapes. Wood chip maintenance is simply putting back the disappearing wood chips back into the landscape annually as per the contract. Mulchscapes, are sites that have been converted from groundcover to wood chips and are inventoried and paid at an entirely separate unit cost. Mulchscapes are unique sites that are usually installed because of funding issues or other challenges. Hardscape Interface with the Curb and Gutter and the Asphalt. These weeds are included in the contract. Addendum No. 001 Page 8 of 13 Page 239 City of Rancho Cucamonga Request for Proposal (RFP) # 19/20-012 For LIVID 2 Parkway Paseo & Median Island & Irrigation Maintenance Hardscape Maintenance includes median finger islands. Cleanup is weekly at "A" service level; and bi-weekly at "6" and "C" service levels. Hardscape maintenance includes cleaning out flow -lines Addendum No. 001 Page 9 of 13 Page 240 City of Rancho Cucamonga Request for Proposal (RFP) # 19/20-012 For LIVID 2 Parkway Paseo & Median Island & Irrigation Maintenance -1- Hardscape maintenance includes cleaning out the under -sidewalk drains. Sidewalk, Trail, and Street obstructions (encroachments) are a hazard and top priority. Therefore, clearance must always be maintained for all service levels. This photo is in violation. Addendum No. 001 Page 10 of 13 Page 241 City of Rancho Cucamonga Request for Proposal (RFP) # 19/20-012 For LIVID 2 Parkway Paseo & Median Island & Irrigation Maintenance Tree staking/Training is required at all service levels ENHANCEMENTS—Are an extremely important part of our maintenance program. Below are some photos of common enhancement projects completed by our contractors every year. Planting and Turf Conversion Enhancements Addendum No. 001 Page 11 of 13 Page 242 City of Rancho Cucamonga Request for Proposal (RFP) # 19/20-012 For LIVID 2 Parkway Paseo & Median Island & Irrigation Maintenance Decomposed Granite Enhancements 4 aON Drip and Supplemental Irrigation Enhancements Addendum No. 001 Page 12 of 13 Page 243 City of Rancho Cucamonga Request for Proposal (RFP) # 19/20-012 For LIVID 2 Parkway Paseo & Median Island & Irrigation Maintenance Cobble Enhancements Addendum No. 001 Page 13 of 13 Page 244 Page 245 Question(s) / Clarification(s) Answer(s) / Comment(s) Who's the current contractor and the current BrightView Landscape Services 1 monthly dollar amount? LIVID 2: $64,069.19/month 2 What level is the LIVID 2 currently being LIVID 2 is service level A maintained at? 3 What is the current yearly cost for the LMD 2 LIVID 2: $768,830.28/year contract? Current service is not satisfactory. Ongoing 4 Is the current service provided satisfactory to deficiencies have been documented at the City of Rancho Cucamonga? multiple sites. Page 245 Exhibit 6 - Contractor's Proposal Dated September 17, 2019 LAN.DSCAPEWEST Management Services, inc. Request RFP For Proposal for 419/20-012 LIi D 2 - Parkway, Paseo, Median Island Landscape & Irrigation Maintenance Prepared for: City of Rancho Cucamonga, Procurement Division A.ddxess: 1.0540 Civic Center Drive Rancho Cucamonga, CA 91730 Due Date: September 19th, 2019 by 9:00arn Prepared by: Landscape West Management Services. Inc_ J 234 North Blue Gum Street Anaheim, Ca 92806 Office: (714) 860.4702 Michael Garibay, President Lantdscallz i' est Mimge!emxt Sezicas. Inc. I Page 246 m':. eels of co-Kitents 3.1. Cover Letter/ Introductions ..................... . ........ Page 1 32. Table of Contents ................. Page 2 3.3. Executive Summary ....... .................................... s.4. Experience . .......................... ..........Page 3 .................................................... 3.5. Third.- Party/ Subcontractors.... . .............. ........................ .........Page4 .. rage 6 3 6 Staff Bi ographi es .......... . .. . . ............................................................... Page 7 .7.1 Proposal Response. ....... ................................................................ Page 15 �.9.Non-Disclosure Conflict of Interest. . ............................. .................. ....,page 16 3.10. Professional Service Ab eernent................ �.I1. Aclmowledgement of Insurance .. Page 17 .................... x.12. Addendum Acknowledgement ................. ................Page 18 . ................ . ............. -........... Page 19 3-13..DebarmenL amd Suspension .................. ..............rage 20 3.14- Participation CIause............... ........... .......................................... ... Page 21 3.15. Signature of Authority............ .. - ......Page 22 16. Company References ................. Page 23 Lan&capc +Fest Macla-�emn jn Service%., Inc. Z Page 247 September 19, 2019 City of Rancho Cu cam anga 10500 Civic Center Drive Rancho Cucamonga, Ca 91730 RE: Proposal for LIMO 2 Parkway Paseo Median Island Landscape & Irrigation Maintenance Landscape West-Managennent Sen ices, Inc. would like to thank -you for this opportuiut 7 to submit a proposal for the City of Rancho Cucamonga and we loop forward to the forthcominb bidding process. We have reviewed the Request for Proposal and we have drove through the city to inspect the areas. We feel confidents that our company has the ability and experience to maintain all sites_ All work that is to be performed will be done in accordance with the specifications listed in the Request For Proposal. This pricing included in this bid reflects labor, equipment, and material to perform all work. Landscape West Management Services, Inc. Iooks forward in serving your landscaping needs. If you have any comments or questions during this selection process please contact: N ichael Garibay office: (714) 860-4702 cell: (949) 280-9916 fax: (714) 860-4705 email: michaet@lwmsinc.com Iwmsinc.com Regards, Michael Garibay, President Lgn&;Lea,3_ W_ -s! Iann"0111mi uin'iccs_ Fnc, Page 248 Coimpanv Legal Name: Landscape West Management Services, Inc. Company Legal Status: S -Corp Company Individual ON�mers: Michael Garibay and Barry Dottier Business Address: 1234 N. Blue Gum Street, Anaheim CA 92806 Telephone Number: (714) 860-4702 Fax Number. (7] 4) 560-4705 Website Address: L MSnC.00A Email: Michaelr!Iwrnsirrc.com Length of time tare fm -n has been in business: +6 Fears Length of Experience providing Landscape Maintenance Services: +10 Years Is your firm incorporated: Yes in the State of California Federal Taxpayer M Number: 36-4750952 Regular Business Hours: 7:00AM-3:00P Mon Contact Person in Reference to this RFP: Michael Garibay Telephone Number: (714) 860-4702 Email: michael(a—dwrnsinc.com Contact Person for Accounts Payable: Shelby Garibay Telephone Number: (714) 860-4702 EmailAddress: sh ,lbvCa).lwrnsirec.ca a In the Event of an emergency or declared disaster, the following information is required: Name of contact during iron -business hours: After hour voicemail system will indicate on call supervisor. (714) 860-4702 Lanr3scmpe 1 ol;t Riana�ameiat services. Inc. Page 249 Company Information Corporate Dicer: Michael Clari.baylPr-esident Licenses & Identification Numbers: Federal Tax ID: 35-4750952 DTR: 1000011024 Organization Barry Konier/ Tice President, Secretory Contractor's License: 985245 Landscape West Management Services, h1c. specializes in providing landscaping services to County Parks, City Parks, Civic Centers 8 Municipal Agencies. Community Associations, In HOA's, Planned Urban Developments, and hidustrial Parks. Landscape West and its employees take pride in providing a very high quality of maintenance and service. One way we maintain this high level of quality maintenance is by communication with our clients on a regular basis. 'Ale insures our clients needs are net and satisfied by fulfilling our customer needs of improving the property versus simply maintaining it. Landscape West has been providing landscape maintenance services for over six consecutive years_ Landscape gest has 50+ employees. Geographic Coverage Landscape'vVest currently services Orange Count=y, San Bemardino County, Los Angeles County, and Riverside County. Staff for This Project Landscape West will provide labor that has the training and experience to perform successfully on this contract. The on-site Supervisor shall possess experience to perform well and oversee labors perfoirning duties on this contract_ i,.anc34c rae West Mavageaien! scrvic's, Srzc. 5 Page 250 3 Landscape West Management Services will not be using any subcontracts, partners or third -party vendors for the RFP, —undsr—apc Wf�st %fraingenimt Inc. 6 Page 251 6, S'1;-, fT w Michael Garibay/President, Pre<iect Manager Armando Esquivel/Regional SUpervisor Barry Konier/ Vice President Fernando Hern adez/ Regional Supervisor Shelby Garibay / Offlice Manager, Accounts Receivable & Payroll Landscape Fest Management Services, Inc. firm size is approx.. 50 employees ON CALL STAFF: Armando Esquivel & Fernando Hernandez are both real call after hours. They can be reached by phone after business hours and on the weekend. Hours of Operation. Monday -Friday 7:00am-3:00paaa Corporate Office. 1234 N date Gum Street, Anaheim, Ca 92806 Michael Garibay is General Manager for Landscape West. Michael has attended Fullerton University where he studied. Business A(Iministration and Finance. ]Barry Konier is the Project Manager for Landscape Vilest. Barry owned a company called Landscape West, Inc. Landscape West, Inc. was f6rn3ed in the late 70's and held contracts for many of California's Cities, Counties, and narks. Barry sold his company in the Carly 2000s to Service Master (now called True Green) Barry works with Michael Garibay to oversee and help with daily operations at Landscape West. Please see attached resume for Barry (resume on next page). Armando Fsquh el & Fernando Hernandez are Regional Supervisors for Landscape West. They Oversees all Laborers, Foreman, Mechanics, Equipment Operators, and Irrigation Technicians on a daily basic. Shelly Garibay is Landscape West office manager. Shelby can easily handle any situations that may arise. Shelby also overlooks all office tasks, including accounts payable and payroll. Laurer, Drivers & Irrigators: Landscape Vilest employees 50 full time Laborers, Drivers, and Irrigators. All our employees are well trained in all aspects of safety in accordance with O.S.H.A and the California Department of Labor.. Landscape West partakes in biweekly tailgate sessions. T,.a_hds:.-Te W -V Managamcn! service2. Page 252 cDI:CA� ICt4 Cal Poly Fomona Pomona, CA - Bachelor of Science in Horticulture and Park Administration 4SSC�C.t IONS Southern California Landscape Contractors Association, Past President International Arborist Association , Past President (Western Chap-er) Vice Prezidentl Secretary 20, Chinn, CA Regional Manager, Landcare USA t938 2000 Anaheim, CA regional manager of Southern California operations. Oversaw operations of approximately 50,000 landscape and tree trimming services accounts. President, Landscape Weat 1498 Anaheim, CA Started Landscape infest to provided landscape and tree trimming services for California cities with offices in both NWhern and Southern California. Emp'oyed approximately 600 personnel and had contracts with 45 cities around California, Landscape West provided landscape services to both the public and private sector. The services of the company included the following; turf maintenance, athletic fields maintenance, pest control, tree trimming, irrigation, grounds maintenance, chemical application, fertilization, custodial services, and beach maintenance. Director of Parr(s & Roorcation, City of Whittier 127c? — Whittier, CA - Responsible for the recreation services as veli as maintenance of all city parks and facilities. Assistant Director of Parks & Recreation, City of West Covina !071 _ 197, West Covina, CA responsible for maintenance, design, and development for the city parks, medians, and street maintenance. Park Administrator, City of Lakewood 1 12 68- 9 �7.ry1 Lakewood, CA- - A- Responsibfe for maintenance, design, and development for the city parks, medians, and street maintenance. L KENS' S California C-27 Landscape Contractors Arborist Pest Control Advisor Lavdscar), Hest San genazzr. &tr%7jees, ina. Page 253 MICHAEL GARIBAY Motiva ed v6th expc�?' e wcRe iln 1-r:'Stape-., fira.r6cte... ^�P.,.:8i1€1i,� an�operations. Skilis ?m:r' a,ri ilCldl C€"s("€ pre'4_°rrriv°e eti`ti'wiedge and, readyto uner:ake intricate .cis'';- Passionate c`, creative,' Dr` b'L -n z FQlVer b hc3 i5 =sr'Ii St "tc-:�r and v" rks wcG� Under pro, ssure, tiL _ E L%nd=aCa DC' Mai? !Q -'I nr-e '5e'! ,'ic 'y10 VaT-';' fjS 4outl rr! Calirnfa Cities, Cojoties 3r3d Ste Agcrcie:� 1 andsca.oe We --t provides S,er C"fct�'5, Vat i --fude the loEfo " v -,g, tur mamtt2riFnce. post r iQii-LroE .aGr#f!>;<L'a„ I'=iga-"On ;'fly:°-tTS'+;jaiiCr`'#; i�:atafiaL'L��, c�'#�:�il.`C32 C T i�tll, err']] cation and OroU":d ;7i38k tenarlce rf >FLi e See-, P„e-��Xi<. eitel 3P,J rsf€Re-I alfa bQldsC r racts -with 2,3;'aIk i ubfic a.n.d ,pri;vate agcy€C.f'oS F-Ul CII"aw;-C-O ,-_,a'-ions manger aCr. �C ti`s iE i�r Lr�-.C: �idiment v::s-'r es5 payabfe,f ?-ecelvaL �2r i'J°.-7k r-of"at€'oit5. sales tai. L3�31l j cyke�€n � :El sr iatlC.plS, m. an9Pa Miultrple Y” wal ( "et Fr;1 ratPl nwfde ' : ante 1 ..i a"`.an •aFco'-![l'tis, rr-vsQ e €-&c'�nue- and expense t- a"tle,.x[�'.tjzL, r.,jt5 Garnered hand, `r, expeT-ie:ai'ce to t� of S` ale? us7'i ess reate'u Sp d ss e -e -'s afe"`i ex ani :es, b a I a n C:Q V7k?Y t° and f xa'ipiC1 * a 1C5€Jt p rNRi ed =;e operatior-- irsckuding ourtcr: contractors and employees .—orri l ' d ;r 'l & ta'xeu E0,1 contra: -ors- end erupt,, Fez -u_ L: FC, F , . - '� K �,) ' ;� E_ F. _ T - u L- i,- uE [`,, tiK'] L LS GI;41` arJLJ.iS{ }'dF,i r .d. t3.5i 3 s5z OOpL zi%ri7ils, i r dLiGi"'Ve, AW.€✓tJntin C7f InaFacci.5s:sF Tech€oiogical Advance, Comm [ nir.azion Skills, Tearr:•Oriented Ltndteapc kVQzI i na�crnc �^. Scrvi"%i, djac. 9 Page 254 Fernando _ e n.an dei 1234 North Blue Gum Street AnahcIM, Ca 32806 1ernaiado@lvvrnsinc.com PROHLE Offering 10 years of etperience providing landscape maintenance EXPERIENCE Rebiotial Supervisor, U-indscapeWest:fana-emetii. Set–vices. Inc. Ailaheirn. Ca — 2014) - Presem - Direct rnulriple crews of employees in a day-to-day- operations - Train and coach nein and less e\-periencerl staff about equipment - Operate mo,%,: ng and construction equipmcm such as trimmers. mowers, loaders and trackers, teachiikg ahility to adapt to operating different equipmem - Ca-eates and provides daily; �a eekly, mnnthly maintenance schedules to City Representadv-es Provides weeldy, safety rznd training tneeungs is tb all crews - Coordinates job activities of staff ai)d cre".s. Plans daily actives and Monitors work- Performance Job SuPel-Visol:, Spectru n Landscape, Inine. Ca 005-2014 Coordinated «nth Property- managers and irrigation technicians on areas of improvernents - Responsible for detail enhancement of property; cleanup and plant material i ivcntoi�: Operated all poker equipment necessary to complete the Nvork - Approves tame cards for correct and valid charges SKILLS - Ni ficrosoft Office; Teamwork, Problem `olvhig, Foreign Languages; Driver License Project 'Management - Cooi-dilated and manage Turf Renovations - Nfoming Policing area for debris, operating walk -behind mower, and operating hack -pack blower for clean-up, Also includes operation of stick edgers and awed eaters for detail trimming - Shrub Pruning: Operating ]nand or pottier equipment to selectively cut plant material at va-ning heigitts, folioxcd bu a clean-up of debris IA—M[-,-P� Et°est 'Nianagenent Stz rices. Lie, J0 Page 255 O danization al Structure Main Point of Contact The Supervisor will be the main point of contact with the city. He will be responsible for maintaining daily communication. He will mage daily site visits and create punch lists for the crew. Job Duties include but are limited too; create employees schedules, oversee all irrigation inspections/repair; creating schedule monthly/ annual, oversee specialty crews. supervisor gill be equipped with a smart phone and computer. These devises will allow for fast and flawless commutation with all cities staff. Supervisors are provided a copy of the contact and will make sure that Landscape 'West is adhering to all aspects of the contract. If the supervisor assigned to the city is on vacation or out sick the Project Mai ager will fill-in on an as needed basic. The Supervisor will also have weekly meetings with the Project Manger and General Manager. Gleam of Command at Landscape West L�� of ct. cr r Super vil3 Site Forenaan 1frigation Technician EqulpnieiLt Operator Laborer Page 256 Job Responsibilities Landscape Fest leased selected crew for your city. Landscape gest has the shills. knowledge, and experience necessary to exceed your expectations. General Manager C AccounTaole for overall satisfaction with the Project T Oversees schedule of fret V Interlaces i�dth city re zrz �niative Oversees tMM' mG pronraitis Regional Supervisor Creates daily, wLcek]V, monthly schedule Manages cret'=s e Interfaces with on-site: contaut Conducts training and sa feh= programs lrf'ibatti{J6l Specialist Conducts daily irrigation inspections Adjusts, repabs and troubleshoots problems Makes quarterly irrigation in.Te.: tion @ Agjusts Irrigation du in> incline iveatlaer Leadsman llelps identify problem areas Directs and leads work crena Ensure readiness of workers. tools and materials Maintaim safe ivorkkg conditions Assists with clienucal applications molS ine Fertilize Ensure facility maintenance Landscape Labor s Pruning a Hedging Cultivating ® tx�eedu�� Trash removal of all areas General clean- up Remove and or report graffiti Wasli down areas Mowing Crew Mowing Edging 3lowune Fence line detailing Landscape S_n.jca;;. Sne. 12 Page 257 Ccrsrranunication Methods Oral Communications: Supervisors and Foreman will both be available by cell phone. Written Communications: All Supervisors have email address. Supervisors have smart phones and computers to allow for open corrununication, Foreman are also provided with cell phones to communicate with Supervisors and City Staff. Face -to -Face Communications: Week]Y ineetin2; or monthly meetings will be set -rip with specific city representative to insure we are provided the highest level of service. Contact Process & Follow -Up Process I the city needs to contact Landscape West for any items related to the SOW they shall contact the Supervisor assigned to that .area. For any items related to contractual dddendum all conversations shall filer through the General Mana ;er and Project Manager. All customer service issues can be e-mailed or faxed to our Supervisor at which time he will creatc a work order for the crews and follow up to ensure that the wort{ is completed. After the work has been completed and all issues have been resolved he will notify the city representative that the request is complete. The Supervisor will follow-up with all necessary city staff on a daily basic. Follow-up will be provided by one of our three communication methods; oral, uTriUeu, or face-to-face. 24 Hours Emergency Contact Information Landscape West want to ensure our customers that we have the ability to respond to problems "after-hours." The first phone call should be made to the Corporate Office. At that time a voicemail system will provided you with a cell phone number of the Supervisor on Staff for emergencies. The on call supervisor will respond to the site in a timely manner to address any problem and resolve the issues. The on-call supervisor will notify the supervisor assigned to the job of the problem so he is in the know. 1 24 HOUR EMERGENCY RESPONSE NUMBER i Armando Esquivel 909-732-9853 Fernando Hernandez 909-325_0346 LAZI&Clp wa° t RSana�c:[zc�ai �czr i cs. Lcc. !3 Page 258 Staff Certifications & Organization Memberships 11 Califorrr a Landscape Contractor's License Cal Poly Ponnona Horticulture Degree Certified Arborist 4 Pest Control Advisor License + Pest Control Applicator License '4 Certified Landscape Irrigation Technicians Irrigator Technical Training School CACM- California.Association of Community Managers 1"'. CAI- Community Association Institute 4" CLCA- California Landscape Contractors Association Y QAL Note: Copies of all licenses can be provided upon request during the solicitation process. Svr�ices.Inc, 14 Page 259 Landscape West Management senrices.. Inc. has reviewed the specification as well as visited LltED areas that is out for bid. Landscape Fest management Services, Inc. will provide all of the services the city request base on the lever of performance the city is seekina. We have reviewed the amendment which noes over the level of service seeking. 'We work well with the cities needs when specific are given. An example of this is, the city is looking for natural look trimmed shrubs. Bo-xed, Balled or individualizing shrubs is not wanted by the city. Landscape West will ensure that their employees keep to this style of landscape if awarded. We have7a`specific manpower that will be dedicated to be full-time employees for a specific contract. Landscape West will have a corporate supervisor that will drive the maintenance area weekly to ensure the maintenance is in standing with the cues needs. Our Supervisor will be available to give proposal if the city is looking for any enhancements or additional services if needed. In addition, they are available to go over any future work that is heeded to be performed. Please fecl free in contract myself if you have any questions. Sincerely, Michael Garibay Page 260 Page 261 3.9. Non -Disclosure Conflict of Interest City of Rancho Cucamonga Request for Proposal ("RFP") #19%20-012 for LIVID 2 Parkway, Paseo & Median Island Landscape & Irrigation Maintenance ,EXHIBIT A" CITY OF RANCHO CUCAMONGA CONFLICT OF INTEREST/NON-DISCLOSURE STATEMENT It is the policy of the City of Rancho Cucamonga to prevent personal or organizational conflict of interest, or the appearance of such conflict of interest, in the award and administration of City Contracts, including, but not limited to Contracts for Professional Services Agreements ("PSA") with potential Vendors. I do not have specific knowledge of confidential information regarding RFP responses received in response to the Request for Proposal ("11W) #19/20-012 for LIVID 2 Parkway, Paseo & Median Island Landscape & Irrigation Maintenance, I agree not to disclose or otherwise divulge any information pertaining to the contents, status, or ranking of any RFP response to anyone. I understand the terms and "disclose or otherwise divulge" to include, but are not limited to, verbal conversations, written correspondence, reproduction of any part or any portion of any RFP response, or removal of same from designated areas. 1, the undersigned, hereby certify that the following statements are true and correct and that I understand and agree to be bound by commitments contained herein. Michael Gan'bav (Print Name) Bidder From Landscape West Management Services, Inc, President September I7, 2029 (Relationship to the City) (Relationship to the Vendors) (Signature) (Date) Must be included in final RFP submittal. page 46 of 54 Landscape West Management Services, Inc. 16 Page 262 110. Professional Service Agreement City of Rancho Cucamonga Request for Proposal (" RFP") #19/20-012 for LIVID 2 Parkway, Paseo & Median Island Landscape & irrigation Maintenance "EXHIBIT B" PROFESSIONAL SERVICES AGREEMENT EXCEPTIONS SUMMARY Mark the appropriate choice, below; X Vendors accepts the PSA without exception. M Vendors proposes exceptions to the PSA. Summarize all exceptions on a separate document. Enclose a written summary of each change and title as "Exception Summary", which shall include the Vendors' rationale for proposing each such exception. Each exception must be labeled with the Section number in the PSA. Failure to property reference exceptions in the submitted summary may deem the response as non-responsive. Signature Michael Gariba3 Printed Name President Title September 17, 2019 Elate Must be included in final RFP submittal. Page 47 of 54 Landscape Fest Management Services, Inc. 17 Page 263 3.11. Acknowledgement of Insurance City of Rancho Cucamonga Request for Proposal ("RFP") #19/2M12 for LIVID 2 Parkway, Paseo & Median Island Landscape & Irrigation Maintenance "EXHIBIT C" ACKNOWLEDGMENT OF INSURANCE REQUIREMENTS AND CERTIFICATION OF ABILITY TO PROVIDE AND MAINTAIN COVERAGES SPECIFIED 1, Michael Garibay the President (President, Secretary, Manager Owner or Representative) of Landscape West Management Services, Inc. certify that the (Name of Company, Corporation or Owner) Specifications and General Provisions regarding insurance requirements as stated within the Professional Services Agreement (PSA), for the Purchase Contract designated Request for Proposal ("RFP") for #119/2o-012 for LIVID 2 Parkway, Paseo & Median Island Landscape & Irrigation Maintenance have been read and understood and that our Vendors is able to provide and maintain the coverage as speciffed in the PSA. Failure to rovide said Covera e u on re uest to finalize the PSA Prior to award shall be enough cause for immediate disqualification of award Failure to maintain said coverage shall result in termination of the contract. Signature Michael Garibav Printed Name President Title September 17, 2019 Date Must be included in final RFP subtnittaL Pavp dR of Sa Landscape West Management Services, Inc. 18 Page 264 3.12. Addendum Acknowledgement City of Rancho Cucamonga Request for proposal ("RFP")#19/20-012 for LMD 2 Parkway, Paseo & Median island landscape & Irrigation Maintenance "EXHIBIT D" ADDENDUM ACKNOWLEDGEMENT The Vendors hereby acknowledges the following Addenda Number(s) to this RFP have been received, if any. Vendors understands failure to acknowledge any addenda issued may cause the RFP response to be considered non-responsive. It is the Vendors' responsibility to log into the Bid System to identify and download the number of addenda that have been posted. • #ddenj van A10 Olen i Signature Michael Garibat Printed Name President Title September 17, 2010 Date Must be included infinal RFP submittal. Paee 49 of 54 Landscape West Management Services. Inc. 19 Page 265 3.13. Debarment and Suspension C4 of Rancho Cucamonga Request for Proposal ("RFV) #19126-o12 for LMID 2 Parkway, Paseo & Median Island Landscape & Irrigation Maintenance "EXHIBIT E" DEBARMENT and SUSPENSION CERTIFICATION FORM I certify that neitheri-aDdscape West Management Services, 10, (Vendor) nor any of its proposed subcontractors not currently listed on the governmentwide exclusions in the System for Award Management (SAM)are, in -, COmP, P. 189) and 12689 (; 2 CFR part 1989 Comp p. 235), and that neither Vendor nor any of its proposed accordance with the guidelines under I CFR Zoo that implement Executive Orders 12549 Q CFR Part 19'R 6 subcontractors are tax delinquent with the State of California. 1 acknowledge that if Vendors or any of its subcontractors subsequently are placed under suspension debarment by a local, state or federal government entity, or if Vendors or any of its subcontractors subsequen 0 r become delinquent in California taxes, our Proposal will be disqualified. tly Signature Michael Garibay Printed Name President Title September 17, 2019 Date Must be included in final RFP submittal, Landscape West Management Services- Inc. 20 Page 266 3.14. Participation Clause City of Rancho Cucamonga Request for Proposal ('RFPI) #19/24012 for LMD 2 Parkway, Paseo & Median Island Landscape & Irrigation Maintenance "EXHIBIT F1 PARTICIPATION CLAUSE It is hereby understood that othergovernment entities, such as cities, counties, and special/school districts may utilize this RFP response at their option for equipment or services at the RFP response price for a period of --2— days. Said entities shall have the option to participate in any award made because of this solicitation. Any such piggy -back awards will be made independently by each agency, and the City of Rancho Cucamonga is not an agent, partner or representative of these agencies and is not obligated or liable for any action of debts that may arise out of such independently negotiated piggy -back procurement. Each public agency shall accept sole responsibility of its own order Placement and Payments of the Vendors. Successful Vendors will extend prices as Proposed herein to Other governmental agencies, please specify. YES _X NO be included in final RFP submittal. D.— c I -f -ZA Landscape West Management Services, Inc. 21 Page 267 3.15. Signature of Authority City of Rancho Cucamonga Request for Proposal ("RFPI) #19/20-012 for LMD 2 Parkway, Paseo & Median Island Landscape & Irrigation Maintenance "EXHIBIT G" SIGNATURE OF AUTHORITY The undersigned firm declares that he has carefully examined the specifications and read the above terms and conditions, and hereby Proposes and agrees, if this RFP response is accepted, to furnish all material in accordance with the specifications and instructions, in the time and manner therein prescribed for the unit cost amounts set forth in the following RFP response, THE VENDOR IN SUBMITTING THIS RFP RESPONSE MUST FILL IN THE FOLLOWING INFORMATION. FAILURE T MAY DEEM YOUR RFP RESPONSE AS NON-RESPONSIVE. '0 Do So Company Name: Landscape West Management Services, Inc. I (Street, su. # city, state, zip) 1234 North Blue Gum Street, Anaheim, Ca 92806 Telephone #: 714-8604702 Fax -#. 714960-4705 E-mail address: Web dress: :M �chae1(*jwmsjnc.e0M Authorized Representa#ive: (print} Title: Michael Garibav President Signature: Date: September 17,2019 Must be included in final RFP submittal, Page 52 of 54 Landscape NVest Management Services, Inc- 22 Page 268 3.16. Company References City of Rancho Cucamonga Request for Proposal ("RFP") #19f20-012 for LIVID 2 Parkway, Paseo & Median Island Landscape & Irrigation Maintenance "EXHIBIT H" REFERENCES WORKSHEET The following References Worksheet must be complete, please do not mark "See Attached". Provide a minimum of four (4) clients that are similar in size to the City of Rancho Cucamonga that your company has conducted comparable or like services. Preferred references should be government agencies and be a current customer within the past three (3) years. Please verify accuracy of contact information, Company Name } City of SantaAna Contact Name and Title i Danell Mercado; Assistant Public Works Maintenance Manager Company Address 220 South Daisy, Santa Ana, Ca. 92703 1 Contact Telephone Number (714) 647-3309 i Contact Email DMercado-Isanta-anaorg (q. Description of Comparative Services and 1Providing Median andRightof Way Landscape Mai tj Project Cost (please be specific) (Irrigation Mainteance, Mowing, Eding, Che ;A--..-,, ---- --- mical Edd Company Name City of La ftente Contact Name and Title John DiMarlo, Director of Development Services Company Address 15900 Mai. Street, L- Puente, CA 91744 Contact Telephone Number (626) 855-1517 Contact Email jdlmano@lapuente.org Description of COMParative- Services and Landscape Maintenance, HardSCape Maintenance, Project Cost (please be specific) Maintenance, Mowing, Edging, Chemical Edging, I.Aer-afi T Annually$96,000 Paize 53 of 54 Landscape West Management Services, Inc. 23 Page 269 City of Rancho Cucamonga Request for Proposal ("UP") #19/20-012 for LIVID 2 Parkway, Paseo & Median Island Landscape & Irrigation Maintenance Reference d Com r pang Name — — - __ City of Mission Viejo 1 Contact Name and Title -—_—_^�_-- _-_-- ��----------- t Jern, Hiff, Operations Manager flepartment of Public [Works Company Address 200 Civic Center, Mission Viejo, Ca 92691 Contact Telephone Number -- __ (949) 470-3042 Contact Email __.. jhill*)ci 0fmissi0nviejo.org Description of Comparative Services and Landscape Mainisnance, Hardsc ape Maintenance, ?reject Cost (please be specific) Facrl�ty Muir jinGiuding daily trash removal and daggFe bag removal}, irrigatpo Maintenance, Mowing, Edging, ChemiGat Edging, Turf Aeration. - Referertc� 4' Area g Annually: �4�O,U00 Company Name y: X458;000 City of Laguna Niguel Contact Name and Title 1 Jerry Sollom, Parks and Landscape Maintenance Superintendent; Company Address f 3111 Crown Valley Pkwy; Laguna Niguel, CA 92677 Contact Telephone Number S -- _ # (349) 362-4300 Contact Email JSoltom *cityoflagunanigueLorg Description of Comparative Services and Landscape Maintenance, Hardscape Maintenance Project Cost (please be specific) Irrigation Maintenance, Mowing, Edging, Chemical Ed( _ _Tf Aeration Maintenance Of-TM ils __Service__ Annually: $615,000 Page 54 of 54 Landscape West Management Services, Inc. 24 Page 270 Exhibit C - Unit Costs Vendor: Landscape West Management Services, Inc. Project: Landscape and Irrigation Maintenance for LMD 2 Item No. Unit of Measure Service Level A 1 Continuous Parkway Maintenance for Groundcover 2 Continuous Parkway Maintenance for Turf 3 Continuous Parkway Maintenance for Hardscape 4 Continuous Parkway Maintenance for Mulchscape Total - Service Level A Service Level B 5 Continuous Parkway Maintenance for Groundcover 6 Continuous Parkway Maintenance for Turf 7 Continuous Parkway Maintenance for Hardscape 8 Continuous Parkway Maintenance for Mulchscape Total - Service Level B Service Level C 9 Continuous Parkway Maintenance for Groundcover 10 Continuous Parkway Maintenance for Turf 11 Continuous Parkway Maintenance for Hardscape 12 Continuous Parkway Maintenance for Mulchscape Total - Service Level C Quantity MonthlyMonthly Cost Annual Cost Unit Cost 3,220,382 $ 0.01230 1,354,270 $ 0.01570 1,299,124 $ 0.00370 21,071 $ 0.01380 3,220,382 $ 0.01090 1,354,270 $ 0.01570 1,299,124 $ 0.00360 21,071 $ 0.01380 3,220,382 $ 0.01010 1,354,270 $ 0.01360 1,299,124 $ 0.00360 21,071 $ 0.01380 Planting, Mulch and DG Unit Costs Unit Price 13 Plant 5 Gallon Tree and Stake EA $ 275.00 14 Plant 15 Gallon Tree and Stake EA $ 425.00 15 Plant 1 Gallon Shrub EA $ 25.00 16 Plant 5 Gallon Shrub EA $ 35.00 17 Plant 1 Flat Ground Cover EA $ 30.00 18 Prep, Place and Grade Mulch CY $ 120.00 19 Prep, Place, Compact and Grade DG CY $ 200.00 $39,610.70 $475,328.38 $21,262.04 $255,144.47 $4,806.76 $57,681.11 $290.78 $3,489.36 $65,970.28 $791,643.32 $35,102.16 $421,225.97 $21,262.04 $255,144.47 $4,676.85 $56,122.16 $290.78 $3,489.36 $61,331.83 $735,981.96 $32,525.86 $390,310.30 $18,418.07 $221,016.86 $4,676.85 $56,122.16 $290.78 $3,489.36 $55,911.56 $670,938.68 1 Page 271 Vendor: Landscape West Management Services, Inc. Project: Landscape and Irrigation Maintenance for LMD 2 Labor Rates Unit Price 20 Landscape Maintenance Laborer - Routine' HOUR $ 32.00 21 Landscape Maintenance Laborer- Complexe HOUR $ 38.00 22 Landscape Operating Engineer HOUR $ 60.00 23 Licensed or Certified Chemical Applicator HOUR $ 50.00 24 Supervisor/Foreman HOUR $ 55.00 25 Landscape/Irrigation Laborer HOUR $ 49.00 26 Landscape Hydro Seeder HOUR $ 40.00 27 Landscape/Irrigation Tender HOUR $ 45.00 1. ROUTINE — mowing, watering, pruning, trimming, weeding, spraying, occasional planting and replacement EA of plants and janitorial work incidental to such landscape maintenance. 37 Tree Removal without Stump Grind: >36" EA 2. COMPLEX—servicing of irrigation and sprinkler systems, repairing of equipment use in such landscape maintenance. 3. Tenders may only perform the following work on landscape/irrigation projects: Assisting the Landscape Laborer with the wire installation, unloading of materials, distribution of pipe, stacking of sprinkler heads and risers, the setting of valve boxes and thrust block, both precast and poured in place, cleaning and backfilling trenches with a shovel, cleanup and watering during construction and all other landscaping, planting and all work involved in laying and installation of landscape irrigation systems. Tree Removals/Grinds Unit Price 28 Tree Removal with Stump Grind: 0" to 3" EA $ 250.00 29 Tree Removal with Stump Grind: >3" to 12" EA $ 425.00 30 Tree Removal with Stump Grind: >12" to 24" EA $ 725.00 31 Tree Removal with Stump Grind: >24" to 36" EA $ 925.00 32 Tree Removal with Stump Grind: >36" EA $ 1,400.00 33 Tree Removal without Stump Grind: 0" to 3" EA $ 150.00 34 Tree Removal without Stump Grind: >3" to 12" EA $ 175.00 35 Tree Removal without Stump Grind: >12" to 24" EA $ 225.00 36 Tree Removal without Stump Grind: >24" to 36" EA $ 325.00 37 Tree Removal without Stump Grind: >36" EA $ 550.00 38 Stump Grind Only: 0" to 3" EA $ 100.00 39 Stump Grind Only: >3" to 12" EA $ 250.00 40 Stump Grind Only: >12" to 24" EA $ 500.00 41 Stump Grind Only: >24" to 36" EA $ 600.00 42 Stump Grind Only: >36" EA $ 850.00 2 Page 272 DATE: April 1, 2020 TO: Mayor and Members of the City Council FROM: John R. Gillison, City Manager INITIATED BY: William Wittkopf, Public Works Services Director Dean Rodia, Parks and Landscape Superintendent Ruth Cain, CPPB, Procurement Manager Paul Fisher, Management Analyst I SUBJECT: CONSIDERATION TO AWARD A CONTRACT TO MARIPOSA LANDSCAPES, INC. FOR LIVID 4R PARKWAY PASEO AND MEDIAN ISLAND LANDSCAPE AND IRRIGATION MAINTENANCE. RECOMMENDATION: Staff recommends the City Council award and authorize the execution of a contract for "LIVID 4R Parkway Paseo and Median Island Landscape and Irrigation Maintenance" with Mariposa Landscapes, Inc. of Irwindale, California, effective July 1, 2020 for a one (1) year term with an option to renew in one (1) year increments up to a total of six (6) additional years, in an amount not to exceed $466,200 for FY 2020/2021, and an estimated $3,682,250 over seven years, contingent upon approval of the FY 2020/2021 and future budgets. BACKGROUND: The Public Works Services Department and the Procurement Division routinely issue requests for proposals to ensure vendor services remain competitive. Currently LMDs 1, 2, 4R, and 5 are maintained under a single contract which was awarded on March 21, 2012. Having an area this large maintained under a single contract can pose issues with contract management, compliance, and oversight. In an effort to foster greater contractor accountability and more accurate cost information for individual districts; this contract has been broken up into three separate RFPs. The two larger districts (LMDs 2 and 4R) were each bid separately, and the smaller districts (LMDs 1 and 5) were combined for the third. Public Works staff updated the "LIVID 4R Parkway Paseo and Median Island Landscape and Irrigation Maintenance" specifications to include newer terminology, service specification changes, and better compliance language. With these changes to the scope of service, rebidding this contract brings it more in line with current requirements, market costs and fund resources, while providing the best value for the community. The new scope of services for this contract includes, but is not limited to, the inclusion of basic tree maintenance, more attention to landscape restoration and enhancement projects, a stronger emphasis on meeting completion dates and improved supervision. The updated specifications were submitted to the Procurement Division to prepare a formal Request for Proposal (RFP). The Procurement Division prepared and posted RFP #19/20-013 for LIVID 4R Parkway Paseo and Median Island Landscape and Irrigation Maintenance. There were two hundred and seventy-one (271) notified vendors; twenty-seven (27) prospective bidders downloaded or viewed the bid package, and there were eight (8) responses received. Page 273 ANALYSIS: An Evaluation Committee consisting of City staff conducted a thorough analysis of the RFP responses and scored and ranked the responsive proposals in accordance with the RFP evaluation criteria listed in Table 1. Cost is just one factor in the evaluation of RFP responses, therefore the low bidder will not necessarily be awarded a contract. Table 1. Evaluation Criteria for Written Proposals Criteria Weight Vendor Expertise 10% Quality of proposed services or goods 15% Extent to which the Vendors services or goods meet the City's needs 15% Vendor's history and resources available to provide the required services. 15% Experience and professional qualifications of staff 15% Understanding of the Scope of Work 20% Cost 10% Table 2. Vendor Rankinq for Written Proposals Rank Vendor Score 1 Landscape West Management Services, Inc. 52 2 Nova Landscape Group 51 3 Mariposa Landscapes, Inc. 50 4 Terracare Associates 49 5 Merchants Landscape Services 45 6 Priority Landscape Services, LLC 41 7 Brightview Landscape Services 31 The top three (3) highest ranked vendors, as identified in table 2 above, were invited to be interviewed and given an opportunity to present additional information to enhance their proposal submittals. Vendors were evaluated and rated based on their presentation and responses to pre -determined questions from the Evaluation Committee. Table 3. Vendor Interview Rankinq Rank Vendor Score 1 Mariposa Landscapes, Inc. 84 1 Nova Landscape Group 84 3 Landscape West Management Services, Inc. 77 Mariposa Landscapes, Inc. and Nova Landscape Group received the same interview scores and were invited to submit a best and final offer (BAFO) to provide the services. The BAFO price to provide annual routine maintenance at service level "A" was $302,299 from Mariposa vs. $400,151 from Nova. Therefore, Mariposa Landscapes, Inc. of Irwindale, California was determined to be the most responsive contractor providing the best value while meeting the scope of services and specifications required. Staff recommends City Council award a contract to Mariposa Landscapes, Inc. of Irwindale, California, effective July 1, 2020 for a one (1) year term, with an option to renew in one (1) year increments up to a total of six (6) additional years, in an annual amount not to exceed $466,200 ($302,299 routine maintenance plus $163,901 for extra work) for FY 2020/2021, and an estimated $3,682,250 over seven years, contingent upon approval of the FY 2020/2021 and future budgets. Page 274 The chart below has been prepared to illustrate the estimated annual funding requirements for the full contract term. Please note, this is only an estimate and the amounts below could vary. Fiscal Year Prior Year Costs Est. Annual Increase (4%) Total Costs 2020/2021 $466,200 2021/2022 $466,200 $18,650 $484,850 2022/2023 $484,850 $19,400 $504,250 2023/2024 $504,250 $20,170 $524,420 2024/2025 $524,420 $20,980 $545,400 2025/2026 $545,400 $21,820 $567,220 2026/2027 $567,220 $22,690 $589,910 Grand Total $3,682,250 FISCAL IMPACT: The overall contract amount will increase 20% compared to the current contract for FY 2019/2020. The price increase reflects the current cost of providing "A" level service in LIVID 4R based on the proposals received. The new contract rates are within the proposed contract services budget line items in the various General and Landscape Maintenance District funds for FY 2020/2021. COUNCIL GOAL(S) ADDRESSED: This item addresses the City Council's goal of Enhancing Premier Community Status by ensuring that Landscape Maintenance District 4R is maintained in a healthy and proper horticultural condition. A properly managed landscape maintenance district is a valuable asset providing aesthetically pleasing living and healthy environments for today's community and future generations to come. ATTACHMENTS: Description Contract Page 275 RANCHO CUCAMONGA Attachment I - Contract CITY OF RANCHO CUCAMONGA PUBLIC WORKS SERVICES DEPARTMENT CONTRACT MARIPOSA LANDSCAPES, INC. LMD 4R PARKWAY, PASEO AND MEDIAN ISLAND LANDSCAPE AND IRRIGATION MAINTENANCE (RFP 19/20-013) AWARD DATE: March 18, 2020 Page 276 AGREEMENT FOR PROFESSIONAL SERVICES THIS AGREEMENT is made and entered into this 18" day of March 2020, by and between the City of Rancho Cucamonga, a municipal corporation ("City") and Mariposa Landscapes, Inc., a landscape maintenance contractor ("Contractor"). RECITALS A. City has heretofore issued its request for proposals to perform the following services: LMD 4R Parkway, Paseo and Median Island Landscape and Irrigation Maintenance (RFP 19/20-013) ("the Project"). B. Contractor has submitted a proposal to perform the services described in Recital "A", above, necessary to complete the Project. C. City desires to engage Contractor to complete the Project in the manner set forth and more fully described herein. D. Contractor represents that it is fully qualified and licensed under the laws of the State of California to perform the services contemplated by this Agreement in a good and professional manner. AGREEMENT NOW, THEREFORE, in consideration of performance by the parties of the mutual promises, covenants, and conditions herein contained, the parties hereto agree as follows: 1. Contractor's Services. 1.1 Scope and Level of Services. Subject to the terms and conditions set forth in this Agreement, City hereby engages Contractor to perform all services described in Recitals "A" and `B" above, including, but not limited to landscape and irrigation maintenance; all as more fully set forth in RFP 19/20-013, attached hereto as Exhibit A, Contractor's proposal, dated September 19, 2019 attached hereto as Exhibit B, and Schedule of Lump Sum and Unit Costs attached hereto as Exhibit C, hereinafter entitled "Scope of Work", and incorporated by reference herein. The nature, scope, and level of the services required to be performed by Contractor are set forth in the Scope of Work and are referred to herein as "the Services." In the event of any inconsistencies between the Scope of Work and this Agreement, the terms and provisions of this Agreement shall control. 1.2 Revisions to Scope of Work. Upon request of the City the Contractor will promptly meet with City staff to discuss any revisions to the Project desired by the City. Contractor agrees that the Scope of Work may be amended based upon said meetings, and, by Vendor Initials PSA without professional liability insurance (contractor) Page 1 Last Revised: 05/22/14 Page 277 amendment to this Agreement, the parties may agree on a revision or revisions to Contractor's compensation based thereon. A revision pursuant to this Section that does not increase the total cost payable to Contractor by more than ten percent (10%) of the total compensation specified in Section 3, may be approved in writing by City's Manager without amendment. 1.3 Time for Performance. Contractor shall perform all services under this Agreement in a timely, regular basis consistent with industry standards for professional skill and care, and in accordance with any schedule of performance set forth in the Scope of Work, or as set forth in a "Schedule of Performance", if such Schedule is attached hereto as Exhibit "N/A". 1.4 Standard of Care. As a material inducement to City to enter into this Agreement, Contractor hereby represents that it has the experience necessary to undertake the services to be provided. In light of such status and experience, Contractor hereby covenants that it shall follow the customary professional standards in performing the Services. 1.5 Familiarity with Services. By executing this Agreement, Contractor represents that, to the extent required by the standard of practice, Contractor (a) has investigated and considered the scope of services to be performed, (b) has carefully considered how the services should be performed, and (c) understands the facilities, difficulties and restrictions attending performance of the services under this Agreement. Contractor represents that Contractor, to the extent required by the standard of practice, has investigated any areas of work, as applicable, and is reasonably acquainted with the conditions therein. Should Contractor discover any latent or unknown conditions, which will materially affect the performance of services, Contractor shall immediately inform City of such fact and shall not proceed except at Contractor's risk until written instructions are received from the City Representative. 2. Term of Agreement. The term of this Agreement shall become effective as of the date of the mutual execution by way of both party's signature (the "Effective Date") through June 30, 2021. No work shall be conducted; service or goods will not be provided until this Agreement has been executed and requirements have been fulfilled. Parties to this Agreement shall have the option to renew in one (1) year increments to a total of six (6) additional years, unless sooner terminated as provided in Section 14 herein. Prior to entering into an agreement for an annual extension the Contractor may request a Cost of living Increase in an amount not to exceed the increase in the March index of the Consumer Price Index All Urban Consumers for the Riverside -San Bernardino -Ontario, California area published by the U.S. Department of Labor, Bureau of Labor Statistics. Options to renew are contingent upon the City Manager's approval, subject to pricing review, and in accordance to all Terms and Conditions stated herein unless otherwise provided in writing by the City. 3. Compensation. 3.1 Compensation. City shall compensate Contractor as set forth in Exhibit C, provided, however, that full, total and complete amount payable to Contractor shall not exceed $466,200 (four hundred sixty five thousand, one hundred dollars) for services during the City's Vendor Initials PSA without professional liability insurance (contractor) Page 2 Last Revised: 05/22/14 Page 278 fiscal year ending June 30, 2021, including all out of pocket expenses, unless additional compensation is approved by the City Manager or City Council. City shall not withhold any federal, state or other taxes, or other deductions. However, City shall withhold not more than ten percent (10%) of any invoice amount pending receipt of any deliverables reflected in such invoice. Under no circumstance shall Contractor be entitled to compensation for services not yet satisfactorily performed. The parties further agree that compensation may be adjusted in accordance with Section 1.2 to reflect subsequent changes to the Scope of Services. City shall compensate Contractor for any authorized extra services as set forth in Exhibit C. 4. Method of Payment. 4.1 Invoices. Contractor shall submit to City monthly invoices for the Services performed pursuant to this Agreement. The invoices shall describe in detail the Services rendered during the period and shall separately describe any authorized extra services. Any invoice claiming compensation for extra services shall include appropriate documentation of prior authorization of such services. All invoices shall be remitted to the City of Rancho Cucamonga, California. 4.2 City shall review such invoices and notify Contractor in writing within ten (10) business days of any disputed amounts. 4.3 City shall pay all undisputed portions of the invoice within thirty (30) calendar days after receipt of the invoice up to the not -to -exceed amounts set forth in Section 3. 4.4 All records, invoices, time cards, cost control sheets and other records maintained by Contractor relating to services hereunder shall be available for review and audit by the City. 5. Representatives. 5.1 City Representative. For the purposes of this Agreement, the contract administrator and City representative shall be William Wittkopf, Public Works Services Director, or such other person as designated in writing by the City ("City Representative"). It shall be Contractor's responsibility to assure that the City Representative is kept informed of the progress of the performance of the services, and Contractor shall refer any decisions that must be made by City to the City Representative. Unless otherwise specified herein, any approval of City required hereunder shall mean the approval of the City Representative. 5.2 Contractor Representative. For the purposes of this Agreement, Terry Noriega, President, is hereby designated as the principal and representative of Contractor authorized to act in its behalf with respect to the services specified herein and make all decisions in connection therewith ("Contractor's Representative"). It is expressly understood that the Vendor Initials PSA without professional liability insurance (contractor) Page 3 Last Revised: 05/22/14 Page 279 experience, knowledge, capability and reputation of the Contractor's Representative were a substantial inducement for City to enter into this Agreement. Therefore, the Contractor's Representative shall be responsible during the term of this Agreement for directing all activities of Contractor and devoting sufficient time to personally supervise the services hereunder. Contractor may not change the Responsible Principal without the prior written approval of City. 6. Contractor's Personnel. 6.1 All Services shall be performed by Contractor or under Contractor's direct supervision, and all personnel shall possess the qualifications, permits, and licenses required by State and local law to perform such Services, including, without limitation, a City business license as required by the City's Municipal Code. 6.2 Contractor shall be solely responsible for the satisfactory work performance of all personnel engaged in performing the Services and compliance with the standard of care set forth in Section 1.4. 6.3 Contractor shall be responsible for payment of all employees' and subcontractors' wages and benefits, and shall comply with all requirements pertaining to employer's liability, workers' compensation, unemployment insurance, and Social Security. By its execution of this Agreement, Contractor certifies that it is aware of the provisions of Section 3700 of the California Labor Code that require every employer to be insured against liability for Worker's Compensation or to undertake self-insurance in accordance with the provisions of that Code, and agrees to comply with such provisions before commencing the performance of the Services. 6.4 Contractor shall indemnify, defend and hold harmless City and its elected officials, officers and employees, servants, designated volunteers, and agents serving as independent contractors in the role of City officials, from any and all liability, damages, claims, costs and expenses of any nature to the extent arising from Contractor's violations of personnel practices and/or any violation of the California Labor Code. City shall have the right to offset against the amount of any fees due to Contractor under this Agreement any amount due to City from Contractor as a result of Contractor's failure to promptly pay to City any reimbursement or indemnification arising under this Section 6. 7. Ownership of Work Product. 7.1 Ownership. All documents, ideas, concepts, electronic files, drawings, photographs and any and all other writings, including drafts thereof, prepared, created or provided by Contractor in the course of performing the Services, including any and all intellectual and proprietary rights arising from the creation of the same (collectively, "Work Product"), are considered to be "works made for hire" for the benefit of the City. Upon payment being made, and provided Contractor is not in breach of this Agreement, all Work Product shall be and remain the property of City without restriction or limitation upon its use or dissemination by City. Basic survey notes, sketches, charts, computations and similar data prepared or obtained by Contractor Vendor Initials PSA without professional liability insurance (contractor) Page 4 Last Revised: 05/22/14 Page 280 under this Agreement shall, upon request, be made available to City. None of the Work Product shall be the subject of any common law or statutory copyright or copyright application by Contractor. In the event of the return of any of the Work Product to Contractor or its representative, Contractor shall be responsible for its safe return to City. Under no circumstances shall Contractor fail to deliver any draft or final designs, plans, drawings, reports or specifications to City upon written demand by City for their delivery, notwithstanding any disputes between Contractor and City concerning payment, performance of the contract, or otherwise. This covenant shall survive the termination of this Agreement. City's reuse of the Work Product for any purpose other than the Project, shall be at City's sole risk. 7.2. Assignment of Intellectual Property Interests: Upon execution of this Agreement and to the extent not otherwise conveyed to City by Section 7. 1, above, the Contractor shall be deemed to grant and assign to City , and shall require all of its subcontractors to assign to City, all ownership rights, and all common law and statutory copyrights, trademarks, and other intellectual and proprietary property rights relating to the Work Product and the Project itself, and Contractor shall disclaim and retain no rights whatsoever as to any of the Work Product, to the maximum extent permitted by law. City shall be entitled to utilize the Work Product for any and all purposes, including but not limited to constructing, using, maintaining, altering, adding to, restoring, rebuilding and publicizing the Project or any aspect of the Project. 7.3 Title to Intellectual Property. Contractor warrants and represents that it has secured all necessary licenses, consents or approvals to use any instrumentality, thing or component as to which any intellectual property right exists, including computer software, used in the rendering of the Services and the production of the Work Product and/or materials produced under this Agreement, and that City has full legal title to and the right to reproduce any of the Work Product. Contractor shall defend, indemnify and hold City, and its elected officials, officers, employees, servants, attorneys, designated volunteers, and agents serving as independent contractors in the role of City officials, harmless from any loss, claim or liability in any way related to a claim that City's use is violating federal, state or local laws, or any contractual provisions, relating to trade names, licenses, franchises, patents or other means of protecting intellectual property rights and/or interests in products or inventions. Contractor shall bear all costs arising from the use of patented, copyrighted, trade secret or trademarked documents, materials, software, equipment, devices or processes used or incorporated in the Services and materials produced under this Agreement. In the event City's use of any of the Work Product is held to constitute an infringement and any use thereof is enjoined, Contractor, at its expense, shall: (a) secure for City the right to continue using the Work Product by suspension of any injunction or by procuring a license or licenses for City; or (b) modify the Work Product so that it becomes non- infringing. This covenant shall survive the termination of this Agreement. 8. Status as Independent Contractor. Contractor is, and shall at all times remain as to City, a wholly independent contractor. Contractor shall have no power to incur any debt, obligation, or liability on behalf of City or otherwise act as an agent of City. Neither City nor any of its agents shall have control over the conduct of Contractor or any of Contractor's employees, except as set forth in this Agreement. Contractor shall not, at any time, or in any manner, represent that it or any of its officers, agents or employees are in any manner employees of City. Contractor Vendor Initials PSA without professional liability insurance (contractor) Page 5 Last Revised: 05/22/14 Page 281 shall pay all required taxes on amounts paid to Contractor under this Agreement, and to defend, 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. Contractor shall fully comply with the workers' compensation law regarding Contractor and Contractor's employees 9. Confidentiality. Contractor may have access to financial, accounting, statistical, and personnel data of individuals and City employees. Contractor covenants that all data, documents, discussion, or other information developed or received by Contractor or provided for performance of this Agreement are confidential and shall not be disclosed by Contractor without prior written authorization by City. City shall grant such authorization if applicable law requires disclosure. All City data shall be returned to City upon the termination of this Agreement. Contractor's covenant under this Section shall survive the termination of this Agreement. This provision shall not apply to information in whatever form that is in the public domain, nor shall it restrict the Contractor from giving notices required by law or complying with an order to provide information or data when such an order is issued by a court, administrative agency or other legitimate authority, or if disclosure is otherwise permitted by law and reasonably necessary for the Contractor to defend itself from any legal action or claim. 10. Conflict of Interest. 10.1 Contractor covenants that it presently has no interest and shall not acquire any interest, direct or indirect, which may be affected by the Services, or which would conflict in any manner with the performance of the Services. Contractor further covenants that, in performance of this Agreement, no person having any such interest shall be employed by it. Furthermore, Contractor shall avoid the appearance of having any interest, which would conflict in any manner with the performance of the Services. Contractor shall not accept any employment or representation during the term of this Agreement which is or may likely make Contractor "financially interested" (as provided in California Government Code §§1090 and 87 100) in any decision made by City on any matter in connection with which Contractor has been retained. 10.2 Contractor further represents that it has not employed or retained any person or entity, other than a bona fide employee working exclusively for Contractor, to solicit or obtain this Agreement. Contractor has not paid or agreed to pay any person or entity, other than a bona fide employee working exclusively for Contractor, any fee, commission, gift, percentage, or any other consideration contingent upon the execution of this Agreement. Upon any breach or violation of this warranty, City shall have the right, at its sole and absolute discretion, to terminate this Agreement without further liability, or to deduct from any sums payable to Contractor hereunder the full amount or value of any such fee, commission, percentage or gift. 10.3 Contractor has no knowledge that any officer or employee of City has any interest, whether contractual, noncontractual, financial, proprietary, or otherwise, in this transaction or in the business of Contractor, and that if any such interest comes to the knowledge of Contractor at any time during the term of this Agreement, Contractor Vendor Initials PSA without professional liability insurance (contractor) Page 6 Last Revised: 05/22/14 Page 282 shall immediately make a complete, written disclosure of such interest to City, even if such interest would not be deemed a prohibited "conflict of interest" under applicable laws as described in subsection 10.1. 11. Indemnification. 11.1 To the maximum extent permitted by law, the Contractor shall defend, indemnify and hold the City, and its elected officials, officers, employees, servants, volunteers, and agents serving as independent contractors in the role of City officials, (collectively, "Indemnitees"),free and harmless with respect to any and all damages, liabilities, losses, reasonable defense costs or expenses (collectively, "Claims"), including but not limited to Claims relating to death or injury to any person and injury to any property, which arise out of, pertain to, or relate to the acts, omissions, activities or operations of Contractor or any of its officers, employees, subcontractors, Contractors, or agents in the performance of this Agreement. Contractor shall defend Indemnitees in any action or actions filed in connection with any such Claims with counsel of City's choice, and shall pay all costs and expenses, including actual attorney's fees and experts' costs incurred in connection with such defense. The indemnification obligation herein shall not in any way be limited by the insurance obligations contained in this Agreement provided, however, that the Contractor shall have no obligation to indemnify for Claims arising out of the sole negligence or willful misconduct of any of the Indemnitees. 11.2 Nonwaiver of Rights. Indemnitees do not, and shall not, waive any rights that they may possess against Contractor because of the acceptance by City, or the deposit with City, of any insurance policy or certificate required pursuant to this Agreement. 11.3 Waiver of Right of Subrogation. Except as otherwise expressly provided in this Agreement, Contractor, on behalf of itself and all parties claiming under or through it, hereby waives all rights of subrogation against the Indemnitees, while acting within the scope of their duties, from all claims, losses and liabilities arising out of or incident to activities or operations performed by or on behalf of the Contractor. 11.4 Survival. The provisions of this Section I I shall survive the termination of the Agreement and are in addition to any other rights or remedies which Indemnitees may have under the law. Payment is not required as a condition precedent to an Indemnitee's right to recover under this indemnity provision, and an entry of judgment against Contractor shall be conclusive in favor of the Indemnitee's right to recover under this indemnity provision. 12. Insurance. 12.1 Liability Insurance. Contractor shall procure and maintain in full force and effect for the duration of this Agreement, insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the services hereunder by Contractor, and/or its agents, representatives, employees or subcontractors. 12.2 Minimum Scope of Insurance. Unless otherwise approved by City, PSA without professional liability insurance (contractor) Last Revised: 05/22/14 Vendor Initials Page 7 Page 283 coverage shall be at least as broad as: (1) Insurance Services Office Commercial General Liability coverage (occurrence form CG 0001). (2) Insurance Services Office form number CA 0001 (Ed. 1/87) covering Automobile Liability, code 1 (any auto). (3) Worker's Compensation insurance as required by the State of California, and Employer's Liability Insurance. 12.3 Minimum Limits of Insurance. Contractor shall maintain limits no less than: (1) Commercial General Liability: $2,000,000 per occurrence for bodily injury, personal injury and property damage. Commercial General Liability Insurance or other form with a general aggregate limit shall apply separately to this Agreement or the general limit shall be twice the required occurrence limit. (2) Automobile Liability: $2,000,000 per accident for bodily injury and property damage. (3) Employer's Liability: $1,000,000 per accident and in the aggregate for bodily injury or disease and Workers' Compensation Insurance in the amount required by law. (4) The Insurance obligations under this Agreement shall be the greater of (i) the Insurance coverages and limits carried by the Contractor; or (ii) the minimum Insurance coverages and limits shown in this Agreement. Any insurance proceeds in excess of the specified limits and coverage required which are applicable to a given loss, shall be available to the City. No representation is made that the minimum Insurance requirements of this Agreement are sufficient to cover the obligations of the Contractor under this agreement. 12.4 Deductibles and Self -Insured Retentions. Any deductibles or self- insured retentions must be declared to and approved by the City and shall not reduce the limits of coverage. City reserves the right to obtain a full certified copy of any required insurance policy and endorsements. 12.5 Other Insurance Provisions. (1) The commercial general liability and automobile liability policies PSA without professional liability insurance (contractor) Last Revised: 05/22/14 Vendor Initials Page 8 Page 284 are to contain the following provisions on a separate additionally insured endorsement naming the City, its officers, officials, employees, designated volunteers and agents serving as independent contractors in the role of City officials, as additional insureds as respects: liability arising out of activities performed by or on behalf of Contractor; products and completed operations of Contractor; premises owned, occupied or used by Contractor; and/or automobiles owned, leased, hired or borrowed by Contractor. The coverage shall contain no limitations on the scope of protection afforded to City, its officers, officials, employ designated volunteers or agents serving as independent contractors in the role of City officials which are not also limitations applicable to the named insured. (2) For any claims related to this Agreement, Contractor's insurance coverage shall be primary insurance as respects City, its officers, officials, employees, designated volunteers and agents serving as independent contractors in the role of City officials. Any insurance or self-insurance maintained by City, its officers, officials, employees, designated volunteers or agents serving as independent contractors in the role of City officials shall be in excess of Contractor's insurance and shall not contribute with it. (3) Contractor's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. (4) Contractor shall provide immediate written notice if (1) any of the required insurance policies is terminated; (2) the limits of any of the required polices are reduced; (3) or the deductible or self- insured retention is increased. In the event of any cancellation or reduction in coverage or limits of any insurance, Contractor shall forthwith obtain and submit proof of substitute insurance. Should Contractor fail to immediately procure other insurance, as specified, to substitute for any canceled policy, the City may procure such insurance at Contractor's sole cost and expense. (5) Each insurance policy required by this clause shall expressly waive the insurer's right of subrogation against City, its elected officials, officers, employees, servants, attorneys, designated volunteers, and agents serving as independent contractors in the role of City officials. (6) Each policy shall be issued by an insurance company approved in writing by City, which is admitted and licensed to do business in PSA without professional liability insurance (contractor) Last Revised: 05/22/14 Vendor Initials Page 9 Page 285 the State of California and which is rated A:VII or better according to the most recent A.M. Best Co. Rating Guide. (7) Each policy shall specify that any failure to comply with reporting or other provisions of the required policy, including breaches of warranty, shall not affect the coverage required to be provided. (8) Each policy shall specify that any and all costs of adjusting and/or defending any claim against any insured, including court costs and attorneys' fees, shall be paid in addition to and shall not deplete any policy limits. (9) Contractor shall provide any and all other insurance, endorsements, or exclusions as required by the City in any request for proposals applicable to this Agreement. 12.6 Evidence of coverage. Prior to commencing performance under this Agreement, the Contractor shall furnish the City with certificates and original endorsements, or copies of each required policy, effecting and evidencing the insurance coverage required by this Agreement including (1) Additional Insured Endorsement(s), (2) Worker's Compensation waiver of subrogation endorsement, and (3) General liability declarations or endorsement page listing all policy endorsements. The endorsements shall be signed by a person authorized by the insurer(s) to bind coverage on its behalf. All endorsements or policies shall be received and approved by the City before Contractor commences performance. If performance of this Agreement shall extend beyond one year, Contractor shall provide City with the required policies or endorsements evidencing renewal of the required policies of insurance prior to the expiration of any required policies of insurance. 12.7 Contractor agrees to include in all contracts with all subcontractors performing work pursuant to this Agreement, the same requirements and provisions of this Agreement including the indemnity and insurance requirements to the extent they apply to the scope of any such subcontractor's work. Contractor shall require its subcontractors to be bound to Contractor and City in the same manner and to the same extent as Contractor is bound to City pursuant to this Agreement, and to require each of its subcontractors to include these same provisions in its contract with any sub -subcontractor. 13. Cooperation. In the event any claim or action is brought against City relating to Contractor's performance or services rendered under this Agreement, Contractor shall render any reasonable assistance and cooperation that City might require. City shall compensate Contractor for any litigation support services in an amount to be agreed upon by the parties. 14. Termination. City shall have the right to terminate this Agreement at any time for any or no reason on not less than ten (10) days prior written notice to Contractor. In the event City exercises its right to terminate this Agreement, City shall pay Contractor for any services satisfactorily rendered prior to the effective date of the termination, provided Contractor is not then in breach of this Agreement. Contractor shall have no other claim against City by reason of such termination, including any claim for compensation. City may terminate for cause following Vendor Initials PSA without professional liability insurance (contractor) Page 10 Last Revised: 05/22/14 Page 286 a default remaining uncured more than five (5) business days after service of a notice to cure on the breaching party. Contractor may terminate this Agreement for cause upon giving the City D ten (10) business days prior written notice for any of the following: (1) uncured breach by the City of any material term of this Agreement, including but not limited to Payment Terms; (2) material changes in the conditions under which this Agreement was entered into, coupled with the failure of the parties to reach accord on the fees and charges for any Additional Services required because of such changes. 15. Notices. Any notices, bills, invoices, or reports authorized or required by this Agreement shall be in writing and shall be deemed received on (a) the day of delivery if delivered by hand or overnight courier service during Contractor's and City's regular business hours; or (b) on the third business day following deposit in the United States mail, postage prepaid, to the addresses set forth in this Section, or to such other addresses as the parties may, from time to time, designate in writing pursuant to the provisions of this Section. All notices shall be addressed as follows: If to City: William Wittkopf City of Rancho Cucamonga Public Works Services Department 8794 Lion Street Rancho Cucamonga, CA 91730 If to Contractor: Terry Noriega, President Mariposa Landscapes, Inc. 6232 Santos Diaz Street Irwindale, CA 91702 16. Non -Discrimination and Equal Employment Opportunity. In the performance of this Agreement, Contractor shall not discriminate against any employee, subcontractor, or applicant for employment because of race, color, creed, religion, sex, marital status, national origin, ancestry, age, physical or mental handicap, medical condition, or sexual orientation. Contractor will take affirmative action to ensure that subcontractors and applicants are employed, and that employees are treated during employment, without regard to their race, color, creed, religion, sex, marital status, national origin, ancestry, age, physical or mental handicap, medical condition, or sexual orientation. 17. Assignment and Subcontracting. Contractor shall not assign or transfer any interest in this Agreement or subcontract the performance of any of Contractor's obligations hereunder without City's prior written consent. Except as provided herein, any attempt by Contractor to so assign, transfer, or subcontract any rights, duties, or obligations arising hereunder shall be null, void and of no effect. Vendor Initials PSA without professional liability insurance (contractor) Page 11 Last Revised: 05/22/14 Page 287 18. Compliance with Laws. Contractor shall comply with all applicable federal, state and local laws, ordinances, codes and regulations in force at the time Contractor performs the Services. Contractor is aware of the requirements of California Labor Code Section 1720, et seq., and 1770, et seq., as well as California Code of Regulations, Title 8, Section 16000, et seq., ("Prevailing Wage Laws"), which require the payment of prevailing wage rates and compliance with other requirements on "public works" and "maintenance" projects. If the Services are being performed as part of an applicable "public works" or "maintenance" project, as defined by the Prevailing Wage Laws, and if the total compensation is $1,000 or more, Contractor agrees to fully comply with such Prevailing Wage Laws. The applicable prevailing wage rate determinations can be found at hM2://www.dir.ca.gov/dlsr/DPreWageDetermination.htm Contractor shall make copies of the prevailing rates of per diem wages for each craft, classification or type of worker needed to execute the Services, available to interested parties upon request, and shall post copies at the Contractor's principal place of business and at the Project site. Contractor shall defend, indemnify and hold the City, its elected officials, officers, employees and agents free and harmless from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws. 19. Non -Waiver of Terms, Rights and Remedies. Waiver by either party of any one or more of the conditions of performance under this Agreement shall not be a waiver of any other condition of performance under this Agreement. In no event shall the making by City of any payment to Contractor constitute or be construed as a waiver by City of any breach of covenant, or any default which may then exist on the part of Contractor, and the making of any such payment by City shall in no way impair or prejudice any right or remedy available to City with regard to such breach or default. 20. Attorney's Fees. In the event that either party to this Agreement shall commence any legal 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 of experts. 21. Exhibits; Precedence. All documents referenced as exhibits in this Agreement are hereby incorporated in this Agreement. In the event of any material discrepancy between the express provisions of this Agreement and the provisions of any document incorporated herein by reference, the provisions of this Agreement shall prevail. 22. Applicable Law and Venue. The validity, interpretation, and performance of this Agreement shall be controlled by and construed under the laws of the State of California. Venue for any action relating to this Agreement shall be in the San Bernardino County Superior Court. 23. Construction. In the event of any asserted ambiguity in, or dispute regarding the interpretation of any matter herein, the interpretation of this Agreement shall not be resolved by any rules of interpretation providing for interpretation against the party who causes the uncertainty to exist or against the party who drafted the Agreement or who drafted that portion of the Agreement. Vendor Initials PSA without professional liability insurance (contractor) Page 12 Last Revised: 05/22/14 Page 288 24. Entire Agreement. This Agreement consists of this document, and any other documents, attachments and/or exhibits referenced herein and attached hereto, each of which is incorporated herein by such reference, and the same represents the entire and integrated agreement between Contractor and City. This Agreement supersedes all prior oral or written negotiations, representations or agreements. This Agreement may not be amended, nor any provision or breach hereof waived, except in a writing signed by the parties which expressly refers to this Agreement. IN WITNESS WHEREOF, the parties, through their respective authorized representatives, have executed this Agreement as of the date first written above. Contractor Name: Mariposa Landscapes, Inc. IMA Name Date Title By: Name Date Title (two signatures required if corporation) PSA without professional liability insurance (contractor) Last Revised: 05/22/14 City of Rancho Cucamonga By: Name Title Date Vendor Initials Page 13 Page 289 ATTACHMENTS • Attachment A — Sample Additional Insured Endorsement, Ongoing Operations • Attachment B — Sample Additional Insured Endorsement, Completed Operations • Attachment C — Sample Waiver of Subrogation PSA without professional liability insurance (contractor) Last Revised: 05/22/14 Vendor Initials Page 14 Page 290 Attachment A — Sample Additional Insured Endorsement, Ongoing Operations POLICY NUMBER:— COMMERCIAL GENERAL LIABILITY CG 20 10 10 01 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - SCHEDULED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name of Person or Organization: The City of Rancho Cucamonga, It's Officers, Officials, Employees, designated Volunteers and agents serving as independent contractors in the role of City Officials. (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) A. Section II — Who Is An Insured is amended to (1) All work, including materials, parts or include as an insured the person or organization equipment furnished in connection with shown in the Schedule, but only with respect to such work, on the project (other than liability arising out of your ongoing operations per- service, maintenance or repairs) to be formed for that insured. performed by or on behalf of the addi- B. With respect to the insurance afforded to these tional insured(s) at the site of the cov- additional insureds, the following exclusion is ered operations has been completed, added: or 2. Exclusions This insurance does not apply to ''bodily in- jury" or "property damage'' occurring after: CG 20 10 10 01 PSA without professional liability insurance (contractor) Last Revised: 05/22/14 (2) That portion of ''your work'' out of which the injury or damage arises has been put to its intended use by any person or organization other than another con- tractor or subcontractor engaged in performing operations for a principal as a part of the same project. © ISO Properties, Inc., 2000 Page 1 of 1 ❑ Vendor Initials Page 15 Page 291 Attachment B — Sample Additional Insured Endorsement, Completed Operations POLICY NUMBER:— COMMERCIAL GENERAL LIABILITY CG 20 37 10 01 r1on, IPs=10PBID] :RI=IMIN 0119101onU10N *11No, I =I0614[WA»MT-1=IN=F_1oil r111100041114WIN ADDITIONAL INSURED — OWNERS, LESSEES OR CONTRACTORS — COMPLETED OPERATIONS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name of Person or Organization: The City of Rancho Cucamonga, It's Officers, Officials, Employees, designated Volunteers and agents serving as independent contractors in the role of City officials. Attn: Public Works 10500 Civic Center Dr. Rancho Cucamonga, CA 91730 Location And Description of Completed Operations: Additional Premium: Included (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) Section II — Who Is An Insured is amended to include as an insured the person or organization shown in the Schedule, but only with respect to liability arising out of "your work'' at the location designated and described in the schedule of this endorsement performed for that insured and included in the ''products -completed operations ha- zard''. CG 20 37 10 01 © ISO Properties, Inc., 2000 Page 1 of 1 PSA without professional liability insurance (contractor) Last Revised: 05/22/14 Vendor Initials Page 16 Page 292 Attachment C — Sample Waiver of Subrogation POLICY NUMBER. COMMERCIAL GENERAL LIABILITY CG 24 04 10 93 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name of Person or Organization: City of Rancho Cucamonga and its elected officials, officers, employees, servants, attorneys, designated volunteers, and agents serving as independent contractors in the role of City officials. (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) The TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US Condition (Section IV — COMMERCIAL GENERAL LIABILITY CONDITIONS) is amended by the addition of the following: We waive any right of recovery we may have against the person or organization shown in the Schedule above because of payments we make for injury or damage arising out of your ongoing operations or "your work'' done under a contract with that person or organization and included in the ''products -completed operations hazard". This waiver applies only to the person or organization shown in the Schedule above. CG 24 04 10 93 Copyright, Insurance Services Office, Inc., 1992 Page 1 of 1 ❑ PSA without professional liability insurance (contractor) Last Revised: 05/22/14 Vendor Initials Page 17 Page 293 SCOPE OF WORK Scope of Work Contents: • Exhibit A — RFP 19/20-013 • Exhibit B — Contractor's proposal, dated September 19, 2019 • Exhibit C — Unit Costs PSA without professional liability insurance (contractor) Last Revised: 05/22/14 Vendor Initials Page 18 Page 294 Exhibit A — RFP 19/20-013 RANCHO CUCAMONGA REQUEST FOR PROPOSAL ("RFP") #19/20-013 FOR LIVID 411 PARKWAY, PAESO & MEDIAN ISLAND LANDSCAPE & IRRIGATION MAINTENANCE City of Rancho Cucamonga Procurement Division 10500 Civic Center Drive Rancho Cucamonga, California 91730 Page 295 City of Rancho Cucamonga Request for Proposal ("RFP") #19/20-013 for LIVID 411 Parkway, Paseo & Median Island Landscape & Irrigation Maintenance Table of Contents 1. OVERVIEW............................................................................................................................................ 6 1.1. GENERAL BACKGROUND............................................................................................................................. 6 1.2. PROPOSAL DELIVERY AND SCHEDULE OF EVENTS............................................................................................. 6 1.3. DISCREPANCIES OR OMISSIONS.................................................................................................................... 7 1.4. CONTINGENCIES........................................................................................................................................ 7 1.5. QUESTIONS AND CLARIFICATIONS................................................................................................................. 7 1.6. DISPOSITION OF MATERIAL AND CONFIDENTIAL OR PROPRIETARY INFORMATION ................................................. 7 1.7. BRAND NAMES......................................................................................................................................... 8 1.8. KNOWLEDGE OF REQUIREMENTS.................................................................................................................. 8 1.9. RESERVATION OF RIGHTS............................................................................................................................ 8 1.10. CALIFORNIA'S PUBLIC RECORDS ACT............................................................................................................. 9 2. MINIMUM REQUIREMENTS............................................................................................................... 10 2.1. BUSINESS LICENSE.................................................................................................................................... 10 2.2. PREVAILING WAGES................................................................................................................................. 10 2.3. REPRESENTATIVES.................................................................................................................................... 10 2.4. EMPLOYEE CONDUCT................................................................................................................................ 11 3. RFP RESPONSE FORMAT AND SUBMISSION REQUIREMENTS........................................................... 12 3.1. COVER LETTER/ INTRODUCTION................................................................................................................ 12 3.2. TABLE OF CONTENTS................................................................................................................................ 12 3.3. EXECUTIVE SUMMARY.............................................................................................................................. 12 3.4. EXPERIENCE............................................................................................................................................ 12 3.5. THIRD-PARTY/SUBCONTRACTORS............................................................................................................. 13 3.6. STAFF BIOGRAPHIES................................................................................................................................. 13 3.7. PROPOSAL RESPONSE............................................................................................................................... 13 3.8. EXHIBITS A THROUGH H............................................................................................................................ 14 3.9. NON -DISCLOSURE CONFLICT OF INTEREST.................................................................................................... 14 3.10. PROFESSIONAL SERVICE AGREEMENT.......................................................................................................... 14 3.11. ACKNOWLEDGEMENT OF INSURANCE.......................................................................................................... 14 Page 2 of 53 Page 296 City of Rancho Cucamonga Request for Proposal ("RFP") #19/20-013 for LIVID 4R Parkway, Paseo & Median Island Landscape & Irrigation Maintenance 3.12. ADDENDUM ACKNOWLEDGEMENT.............................................................................................................. 14 3.13. DEBARMENT AND SUSPENSION.................................................................................................................. 15 3.14. PARTICIPATION CLAUSE............................................................................................................................ 15 3.15. SIGNATURE OF AUTHORITY........................................................................................................................ 15 1.1 COMPANY REFERENCES............................................................................................................................. 15 1.2 LINE ITEM PRICING................................................................................................................................... 15 4. SCOPE OF WORK................................................................................................................................. 16 4.1. GENERAL PROJECT DESCRIPTION................................................................................................................ 16 4.2. CONTRACTOR'S LICENSE............................................................................................................................ 16 4.3. COMPETENCY OF VENDOR......................................................................................................................... 17 4.4. CONTRACT TERM..................................................................................................................................... 17 4.5. BONDS................................................................................................................................................... 17 4.6. SUPERVISION AND STAFF........................................................................................................................... 17 4.7. PREVAILING WAGE.................................................................................................................................. 18 4.8. COMMUNICATIONS.................................................................................................................................. 18 4.9. NON -RESPONSIVENESS OF CONTRACTOR..................................................................................................... 18 4.10. SERVICE LEVELS....................................................................................................................................... 19 4.11. SCHEDULING OF WORK............................................................................................................................. 19 4.12. UNDERGROUND SERVICE ALERT................................................................................................................. 20 4.13. MEASUREMENT AND PAYMENT.................................................................................................................. 20 4.14. EXAMINATION OF PLANS, SPECIFICATION, AND SITE OF WORK........................................................................ 21 4.15. WORK SITES........................................................................................................................................... 21 4.16. ADDITIONS............................................................................................................................................. 21 4.17. DELETIONS............................................................................................................................................. 21 4.18. QUALITY OF WORK.................................................................................................................................. 22 4.19. INSPECTIONS........................................................................................................................................... 22 4.20. REPLACEMENT OF LANDSCAPE MATERIALS & CITY PROPERTY.......................................................................... 22 4.21. UTILITY BILLS.......................................................................................................................................... 22 4.22. CONFORMING TO STATE AND FEDERAL GUIDELINES FOR STORMWATER POLLUTION PREVENTION .......................... 22 Page 3 of 53 Page 297 City of Rancho Cucamonga Request for Proposal ("RFP") #19/20-013 for LIVID 4R Parkway, Paseo & Median Island Landscape & Irrigation Maintenance 4.23. PERMITS................................................................................................................................................ 23 4.24. WORK AREA TRAFFIC CONTROL................................................................................................................. 23 4.24.1. TRAFFIC CONTROL PERMIT.................................................................................................................... 23 4.24.2. SIGNS, BARRICADES, AND DELINEATORS.................................................................................................. 23 4.24.3. TRAINING........................................................................................................................................... 23 4.25. ROUTINE MAINTENANCE........................................................................................................................... 24 4.25.1. TURF MAINTENANCE............................................................................................................................ 24 4.25.2. SHURB, GROUNDCOVER, DECOMPOSED GRANITE DG) AND VINE MAINTENANCE ............................................ 27 4.25.2.1. SHRUB MAINTENANCE...................................................................................................................... 27 4.25.2.2. GROUND COVER MAINTENANCE......................................................................................................... 27 4.25.2.3. DECOMPOSED GRANITE (DG)............................................................................................................ 28 4.25.2.4. VINE MAINTENANCE......................................................................................................................... 29 4.25.2.5. TREE MAINTENANCE......................................................................................................................... 30 4.25.3. IRRIGATION MAINTENANCE................................................................................................................... 31 4.25.3.1. GENERAL........................................................................................................................................31 4.25.4. SHRUB BEDS & PLANTER AREAS............................................................................................................. 34 4.25.5. TURF AREAS....................................................................................................................................... 34 4.25.6. NEW PLANT MATERIALS....................................................................................................................... 34 4.25.7. REPAIRS AND REPLACEMENT.................................................................................................................. 34 4.25.8. LANDSCAPE WATER MANAGER/AUDITOR............................................................................................... 35 4.25.9. PEST CONTROL.................................................................................................................................... 36 4.25.10. DRAINS..............................................................................................................................................37 4.25.11. CLEAN-UP..........................................................................................................................................38 4.25.12. PLANTER WOOD CHIP MAINTENANCE..................................................................................................... 38 4.25.13. HARDSCAPE MAINTENANCE.................................................................................................................. 39 4.25.14. TRAIL MAINTENANCE........................................................................................................................... 39 4.25.15. MULCHSCAPE MAINTENANCE................................................................................................................ 39 4.25.16. TRASH RECEPTACLE MAINTENANCE........................................................................................................ 41 4.25.17. STROM DEBRIS CLEANUP...................................................................................................................... 41 Page 4 of 53 Page 298 City of Rancho Cucamonga Request for Proposal ("RFP") #19/20-013 for LIVID 411 Parkway, Paseo & Median Island Landscape & Irrigation Maintenance 4.26. EXTRA WORK.......................................................................................................................................... 42 S. EVALUATION AND VENDOR SELECTION PROCESS................................................................................ 42 5.1. INITIAL SCREENING................................................................................................................................... 42 5.2. EVALUATION ACTIVITIES........................................................................................................................... 42 5.3. COST EVALUATION................................................................................................................................... 43 5.4. REFERENCE CHECKS.................................................................................................................................. 43 S.S. DEMONSTRATIONS/ INTERVIEWS............................................................................................................... 43 5.6. FINANCIAL DOCUMENTATION.................................................................................................................... 44 5.7. BEST AND FINAL OFFER............................................................................................................................. 44 5.8. VENDOR SELECTION................................................................................................................................. 44 5.9. LETTER OF INTENT TO AWARD.................................................................................................................... 44 "EXHIBIT A" CITY OF RANCHO CUCAMONGA CONFLICT OF INTEREST/NON-DISCLOSURE STATEMENT ......... 45 "EXHIBIT B" PROFESSIONAL SERVICES AGREEMENT EXCEPTIONS SUMMARY .............................................. 46 "EXHIBIT C" ACKNOWLEDGMENT OF INSURANCE REQUIREMENTS AND CERTIFICATION OF ABILITY TO PROVIDE AND MAINTAIN COVERAGES SPECIFIED..................................................................................... 47 "EXHIBIT D" ADDENDUM ACKNOWLEDGEMENT........................................................................................ 48 "EXHIBIT E" DEBARMENT and SUSPENSION CERTIFICATION FORM............................................................. 49 "EXHIBIT F" PARTICIPATION CLAUSE.......................................................................................................... 50 "EXHIBIT G" SIGNATURE OF AUTHORITY.................................................................................................... 51 "EXHIBIT H" REFERENCES WORKSHEET...................................................................................................... 52 Page 5 of 53 Page 299 City of Rancho Cucamonga Request for Proposal ("RFP") #19/20-013 for LIVID 411 Parkway, Paseo & Median Island Landscape & Irrigation Maintenance 1. OVERVIEW 1.1. GENERAL BACKGROUND The City of Rancho Cucamonga (hereinafter "City") is inviting qualified Vendors to submit a proposal response for Request for Proposals "RFP" #19/20-013 for LIVID 4R Parkways, Paseo and Median Island Landscape and Irrigation Maintenance in accordance with the minimum Scope of Services and Appendices indicated herein. Vendors wishing to participate in the RFP solicitation must be registered as a Vendor on the City Vendor List. Vendors wishing to participate in the RFP solicitation must be registered as a Vendor on the City Vendor List. Vendor registration can be accomplished by visiting the City website at https://www.citvofrc.us/citvhall/admin/purchasing division/Vendors.asp. Only those responses received from registered Vendors will be accepted. Responses must be submitted by the named Vendor that has downloaded the RFP; this information is indicated in the bid system and provides the ability to tabulate the responses in accordance to the named Vendors. Submitting a response under a Vendor name that does not appear to be on the Prospective Bidders list will be deemed as non-responsive and disqualify said response from further consideration. 1.2. PROPOSAL DELIVERY AND SCHEDULE OF EVENTS Complete RFP responses must be received electronically via Planet Bids prior to the due date and time specified in the below Schedule of Events. Please note, there will be no paper responses accepted. The City shall not be responsible for any delays by transmission errors. Schedule of Events Event Description Date & Time Post RFP August 19, 2019 Questions Due September 3, 2019, by 9:00 am Addendum Issued September 5, 2019 RFP Response Due Date September 19, 2019, by 9:00 am (The City reserves the right to change schedule of events without prior notice or responsibility to Vendor.) Page 6 of 53 Page 300 City of Rancho Cucamonga Request for Proposal ("RFP") #19/20-013 for LIVID 411 Parkway, Paseo & Median Island Landscape & Irrigation Maintenance 1.3. DISCREPANCIES OR OMISSIONS Vendors finding discrepancies or omissions in the RFP or having any doubts as to the meaning or intent of any part thereof shall submit such questions or concerns in writing electronically via Planet Bids. No responsibility will be accepted for oral instructions. Addenda issued in correspondence to this RFP shall be considered a part of this RFP and shall become part of any final Contract that may be derived from this RFP. 1.4. CONTINGENCIES This RFP should not be considered as a Contract to purchase goods or services but is a Request for Proposal in accordance with the Terms and Conditions herein and will not necessarily give rise to a Contract. Completion of this RFP form and its associated appendices are a requirement. Failure to do so may disqualify your RFP response submittal. Vendors must submit signed RFP responses by the due date and time as specified herein. Vendors will be considered non-responsive if the above requirements are not submitted as requested. If only one RFP response is received, the City reserves the right to reject the response and re -bid the RFP. Any Scope of Services, Contingencies, Special Instruction and/or Terms and Conditions applicable to this RFP and any Purchase Order derived thereafter shall be effective as of the issue date of Purchase Order (the "Effective Date"), and shall remain in full force and effect until sixty (60) days after the City has accepted the work in writing and has made final payment, unless sooner terminated by written agreement signed by both parties. 1.5. QUESTIONS AND CLARIFICATIONS All questions or clarification requests must be submitted directly through the City's bid system no later than the due date and time indicated in the above Schedule of Events. Answers and/or clarifications will be provided in the form of an Addendum and will be posted for download from the City's bid system in accordance with the above "Schedule of Events". From the issuance date of this RFP until a Vendor is awarded, Vendors are not permitted to communicate with any City staff or officials regarding this procurement, other than during interviews, demonstrations, and/or site visits, except at the direction of Ruth Cain, CPPB, Procurement Manager, the designated representative of the City of Rancho Cucamonga. 1.6. DISPOSITION OF MATERIAL AND CONFIDENTIAL OR PROPRIETARY INFORMATION All materials submitted in response to the RFP solicitation will become the property of the City and will be returned only at the City's option and at the expense of the Vendor submitting the RFP response. A copy of the RFP response will be retained for official files and become a public record. Any material that a Vendor considers Page 7 of 53 Page 301 City of Rancho Cucamonga Request for Proposal ("RFP") #19/20-013 for LIVID 411 Parkway, Paseo & Median Island Landscape & Irrigation Maintenance as confidential but does not meet the disclosure exemption requirements of the California Public Records Act should not be included in the Vendor's RFP response as it may be made available to the public. If a Vendor's RFP response contains material noted or marked as confidential and/or proprietary that, in the City's sole opinion, meets the disclosure exemption requirements, then that information will not be disclosed pursuant to a written request for public documents. If the City does not consider such material to be exempt from disclosure, the material may be made available to the public, regardless of the notation or markings. If a Vendor is unsure if its confidential and/or proprietary material meets disclosure exemption requirements, then it should not include such information in its RFP response because such information may be disclosed to the public. 1.7. BRAND NAMES Any reference to brand names and/or numbers in the solicitation is intended to be descriptive, but not restrictive, unless otherwise specified. RFB responses offering equivalent items meeting the standards of quality specified may be considered, unless other specified, providing the RFB response clearly describes the article offered and how it differs from the referenced brand. Unless a Vendor specifies otherwise, it is understood that the Vendor is offering a referenced brand item as specified in the solicitation. The City/RCFPD reserves the right to determine whether a substitute offer is equivalent to and meets the standards of quality indicated by the brand name references, and the City/RCFPD may require the supply of additional descriptive material and a sample. 1.8. KNOWLEDGE OF REQUIREMENTS The Vendor shall carefully review all documents referenced and made a part of the solicitation document to ensure that all information required to properly respond has been submitted or made available and all requirements are priced in the RFP response. Failure to examine any documents, drawings, specifications, or instructions will be at the Vendor's sole risk. Vendors shall be responsible for knowledge of all items and conditions contained in their RFP responses and in this RFP, including any City issued clarifications, modifications, amendments, or addenda. The City will provide notice of any changes and clarifications to perspective Vendors by way of addenda to the City's website; however, it is the Vendor's responsibility to ascertain that the RFP response includes all addenda issued prior to the RFP due date. 1.9. RESERVATION OF RIGHTS The issuance of this RFP does not constitute an agreement by the City that any contract will be entered by the City. The City expressly reserves the right at any time to: Page 8 of 53 Page 302 City of Rancho Cucamonga Request for Proposal ("RFP") #19/20-013 for LIVID 411 Parkway, Paseo & Median Island Landscape & Irrigation Maintenance • Waive or correct any defect or informality in any response, RFP, or RFP procedure. • Reject any or all RFPs. • Reissue a Request for RFPs. • Priorto submission deadline for RFPs, modify all or any portion of the selection procedures, including deadlines for accepting responses, the specifications or requirements for any materials, equipment or services to be provided under this RFP, or the requirements for contents or format of the RFPs. • The City recognizes that price is only one of several criteria to be used in judging a product or service, and the City is not legally bound to accept the lowest RFP response. • The City reserves the right to conduct pre -award discussions and/or pre -Contract negotiations with any or all responsive and responsible Vendors who submit RFP responses. • Procure any materials, equipment or services specified in this RFP by any other means. • Determine that no project will be pursued. • The City reserves the right to inspect the Vendor's place of business prior to award or at any time during the contract term or any extension thereof, to determine the Vendor's capabilities and qualifications. 1.10. CALIFORNIA'S PUBLIC RECORDS ACT The City of Rancho Cucamonga complies with the California Public Records Act, Government Code Section 6253. (a) Public records are open to inspection always during the office hours of the state or local agency and every person has a right to inspect any public record, except as hereafter provided. Any reasonably segregable portion of a record shall be available for inspection by any person requesting the record after deletion of the portions that are exempted by law. Neither an RFP in its entirety, nor proposed prices shall be considered confidential and proprietary. Notwithstanding the foregoing, companies are hereby notified that all materials submitted in response to this RFP are subject to California's Public Records Act. The City's receipt, review, evaluation or any other act or omission concerning any such information shall not create an acceptance by the City or any obligation or duty to prevent the disclosure of any such information except as required by Government Code Section 6253. Companies who submit information they believe should be exempt from disclosure under the Public Records Act shall clearly mark each document as confidential, proprietary or exempt, and state the legal basis for the exemption with supporting citations to the California Code. Pursuant to California Law, if the information is requested under the Public Records Act, the City shall make a final determination if any exemption exists for the City to deny the request and prevent disclosure. The City will withhold such information from public Page 9 of 53 Page 303 City of Rancho Cucamonga Request for Proposal ("RFP") #19/20-013 for LIVID 411 Parkway, Paseo & Median Island Landscape & Irrigation Maintenance disclosure under the Public Records Act only if the City determines, in its sole discretion, that there is a legal basis to do so. 2. MINIMUM REQUIREMENTS 2.1. BUSINESS LICENSE The selected Vendor awarded a Contract shall be required to obtain a Rancho Cucamonga Business License no later than five (5) business days from notification of award prior to being issued a Purchase Order. Awarded Vendor must possess and maintain all appropriate licenses/certifications necessary in the performance of duties required under this RFP and will provide copies of licenses/certifications immediately upon request throughout the term of the Contract. 2.2. PREVAILING WAGES Where labor is required for public work as a part of any requirement covered by this RFP, pursuant to the provisions of the Labor Code of the State of California, Vendor(s) shall pay no less than those minimum wages. 2.3. REPRESENTATIVES Should the awarded Vendor require the services of a third -party to complete the Scope of Services indicated in this RFP, the awarded Vendor will not assign, transfer, convey or otherwise dispose of the contract or its right, title or interest in or to the same, or any part thereof. Any attempt by the awarded Vendor to so assign, transfer, or subcontract any rights, duties, or obligations arising hereunder shall be null, void and of no effect. The awarded Vendor shall be solely responsible for the satisfactory work performance of all personnel engaged in performing the Services including Vendors subcontractor. All Services shall be performed by the awarded Vendor or under the awarded Vendor's direct supervision, and all personnel shall possess the qualifications, permits, and licenses required by state and local law to perform such services. The awarded Vendor shall be responsible for payment of all employees' and subcontractors' wages and benefits and shall comply with all requirements pertaining to employer's liability, workers' compensation, unemployment insurance, and Social Security. By its execution of this Agreement, Vendor certifies that it is aware of the provisions of Section 3700 of the California Labor Code that require every employer to be insured against liability for Worker's Compensation or to undertake self-insurance in accordance with the provisions of that Code and agrees to comply with such provisions before commencing the performance of the services. In case of default by the Vendor, the City may take the following actions which shall include but not be limited to; cancellation of any purchase order, procurement of the articles or service from other sources and may deduct from unpaid balance due to the Vendor, or may bill for excess costs so paid, and the prices paid by the Page 10 of 53 Page 304 City of Rancho Cucamonga Request for Proposal ("RFP") #19/20-013 for LIVID 411 Parkway, Paseo & Median Island Landscape & Irrigation Maintenance City shall be considered the prevailing market prices paid at the time such purchase is made, withholding of payment until final resolution. Cost of transportation, handling, and/or inspection on deliveries, or Vendors for delivery, which do not meet specifications, will be for the account of the Vendor. City Representative: For the purposes of this Agreement, the contract administrator and City's representative shall be , or such other person as designated in writing by City ("City's Representative"). It shall be the Vendor's responsibility to assure that City's Representative is kept informed of the progress of the performance of the services, and the Vendor shall refer any decisions that must be made by City to City Representative. Unless otherwise specified herein, any approval of City required hereunder shall mean the approval of the City Representative. Vendor Representative: For the purposes of this Agreement, is hereby designated as the representative of the successful Vendor authorized to act in its behalf with respect to the services specified herein and make all decisions in connection therewith ("Vendor's Representative"). It is expressly understood that the experience, knowledge, capability and reputation of the Vendor's Representative were a substantial inducement for City to enter into this Agreement. Therefore, the Vendor's Representative shall be responsible during the term of this Agreement for directing all activities of Vendor and devoting enough time to personally supervise the services hereunder. The successful Vendor may not change the Vendor's Representative without the prior written approval of City's Representative. 2.4. EMPLOYEE CONDUCT All Vendor personnel must observe all City regulations in effect at the location where the Services are being conducted. While on City property, the Vendor's personnel shall be subject to oversight by City staff. Under no circumstances shall the Vendor's or Vendor's sub -contractor personnel be deemed as employees of the City. Vendor or Vendor's subcontractor personnel shall not represent themselves to be employees of the City. Vendor's personnel will always make their best efforts to be responsive, polite, and cooperative when interacting with representatives of the City, or any other City employees. The Vendor's personnel shall be required to work in a pleasant and professional manner with City employees, outside Vendors and the public. Nothing contained in this RFP shall be construed as granting the Vendor the sole right to supply personal or contractual services required by the City or without the proper City approval and the issuance of a Purchase Order. Page 11 of 53 Page 305 City of Rancho Cucamonga Request for Proposal ("RFP") #19/20-013 for LIVID 411 Parkway, Paseo & Median Island Landscape & Irrigation Maintenance 3. RFP RESPONSE FORMAT AND SUBMISSION REQUIREMENTS Completion of this RFP form and its associated Exhibits are a requirement. To be considered responsive and evaluate RFP responses fairly and completely Vendors must comply with the format and submission requirements set out in this RFP, and provide all information requested. Failure to comply with this instruction will deem said RFP response as non-responsive and will not receive further consideration in the evaluation process. If only one RFP response is received, the City reserves the right to discard the response, re -bid or proceed with an RFP review and negotiations. RFP responses are due on the date and time indicated in the above schedule of events. Submittals shall be submitted electronically via Planet Bids; no paper RFP responses will be accepted. RFP responses must include the following information and in the exact order and format as shown. 3.1. COVER LETTER/ INTRODUCTION RFP responses must include the complete name and address of Vendor and the name, mailing address, and telephone number of the contact person regarding the RFP response. A signature by an authorized representative must be included on each RFP response. Said signature will be considered confirmation of the Vendors ability and willingness to comply with all provisions stated herein. 3.2. TABLE OF CONTENTS The Table of Contents must be a comprehensive listing of the contents included in your RFP response. This section must include a clear definition of the material, exhibits and supplemental information identified by sequential page numbers and by section reference numbers. Each section of the RFP response will be separated by a title page at the beginning of each section. 3.3. EXECUTIVE SUMMARY The Executive Summary shall condense and highlight the contents of the Vendor's RFP response to provide the Evaluation Committee with a broad understanding of the Vendor's approach, proposal, experience and staffing. 3.4. EXPERIENCE The Vendor shall provide a concise statement demonstrating the Vendor's qualifications, experience, expertise and capability to perform the requirements of this RFP. Provide a brief history of your company, including; • The number of years in business, • The firm's service commitment to customers, Page 12 of 53 Page 306 City of Rancho Cucamonga Request for Proposal ("RFP") #19/20-013 for LIVID 411 Parkway, Paseo & Median Island Landscape & Irrigation Maintenance • If the firm is involved in any pending litigation that may affect its ability to provide its proposed solution or ongoing maintenance or support of its products and services. • A statement as to whether your firm is an individual proprietorship, partnership, corporation, or private nonprofit firm, and the date your company was formed or incorporated. 3.5. THIRD -PARTY / SUBCONTRACTORS If the Vendor intends to subcontract, a detailed list of any sub -contractors, partners, or third -party Vendors who will be involved in the implementation of the proposed services including but not limited to: • Description of the Vendor's experience with each of the proposed subcontractors, • Three (3) customer references for each subcontractor to include references names, addresses, and telephone numbers, for products and services like those described in this RFP, • Describe the specific role of each. 3.6. STAFF BIOGRAPHIES Submit the resumes of the individuals who will be performing the services for the City. Resumes shall be formatted in the following order: • Position with the Company, • Length of time with the Company, • Licenses, registrations and certifications as required by law to perform the Scope of Work described herein, • Educational background, • Role in the Project, • Experience with the minimum requirements stated herein, • Work history on similar or like projects with the other municipalities. 3.7. PROPOSAL RESPONSE Under this section Vendors shall provide a full, detailed response to the City's Scope of Services listed herein. Vendors should be as thorough as possible in their response as it may be the only opportunity to convey information regarding your business, ability and qualifications to complete the services needed. Page 13 of 53 Page 307 City of Rancho Cucamonga Request for Proposal ("RFP") #19/20-013 for LIVID 411 Parkway, Paseo & Median Island Landscape & Irrigation Maintenance 3.8. EXHIBITS A THROUGH H The following named Exhibits Athrough H are a requirement. All required exhibits must be complete and signed where required and submitted in the bid system under the Response Types, Exhibits A — H. 3.9. NON -DISCLOSURE CONFLICT OF INTEREST Specify any possible conflicts of interest with your current clients or staff members and the City. A signed "Exhibit A, Conflict of Interest and Non -Disclosure Agreement" included herein must be submitted under this section. 3.10. PROFESSIONAL SERVICE AGREEMENT In addition to the acceptance of the City's Terms and Conditions, the successful Vendor will be required to enter into a Professional Services Agreement ("PSA") with the City of Rancho Cucamonga, a "Sample" of which is attached in the City's bid system for review. All requirements of said PSA must be completed by the successful Vendor and signed by both applicable parties prior to any services being rendered. This RFP sets forth some of the general provisions which may be included in the final PSA. In submitting a response to this RFP, Vendor will be deemed to have agreed to each clause unless otherwise indicated in "Exhibit B, Professional Services Agreement Exceptions Summary" and the City agrees to either accept the objection or deviation or change the PSA language in writing. Failure to raise any objections at the time of this RFP response submittal will result in a waiver of objection to any of the contractual language in the PSA at any other time. The signed Exception Summary shall be included under this section of the RFP response. 3.11. ACKNOWLEDGEMENT OF INSURANCE Vendors must meet all insurance requirements as outlined in the Professional Services Agreement. Ability to comply with said requirements must be indicated with signature of "Exhibit C. Acknowledgement of Insurance Requirements and Certification of Ability to Provide and Maintain Coverages Specified", which must be submitted with the Bid under the Insurance tab. The awarded Vendor will be responsible for providing the required Certificates of Insurance and must be the Named Insured on the Certificates. Certificates of Insurance from any other entity other than the awarded Vendor, will not be accepted. 3.12. ADDENDUM ACKNOWLEDGEMENT The Vendor shall hereby acknowledge they have received all posted Addendums, if any. It is the Vendor's responsibility to log into the Bid System to identify and download the number of addenda that have been posted. Addenda issued in correspondence to this RFP shall be considered a part of this RFP and shall become part of any final Contract that may be derived from this RFP. Vendors must indicate their acknowledgement of any Addendums by way of signature on "Exhibit D, Addendum Acknowledgement" and must be included under this section of the RFP response. Page 14 of 53 Page 308 City of Rancho Cucamonga Request for Proposal ("RFP") #19/20-013 for LIVID 411 Parkway, Paseo & Median Island Landscape & Irrigation Maintenance 3.13. DEBARMENT AND SUSPENSION Bidding Vendors must verify by way of signature to "Exhibit E, Vendor Certification Form" that they are not listed on the governmentwide exclusions in the System for Award Management (SAM), in accordance with the guidelines under 2 CFR 200 that implement Executive Orders 12549 (3 CFR part 1986 Comp., p. 189) and 12689 (3 CFR part 1989 Comp., p. 235), and that neither Vendor nor any of its proposed subcontractors are tax delinquent with the State of California. The signed exhibit must be included under this section of the RFP response. 3.14. PARTICIPATION CLAUSE Vendors shall provide a completed "Exhibit F, Participation Clause", must be included with the Vendors RFP response. This will indicate a Vendors agreement to or not to allow other entities to utilize the RFP response and awarded contract as a piggyback option. 3.15. SIGNATURE OF AUTHORITY "Exhibit G", Signature of Authority must be included with the Vendor RFP response. Unsigned RFP responses will not be accepted. The Signature of Authority declares that the Vendor has carefully examined the instruction indicated herein including all terms and condition and specifications, and hereby proposes and agrees, if the Vendors RFP response is accepted, Vendor agrees to furnish all material in accordance with the instruction and specifications in the time and manner prescribed for the unit cost amounts set forth in the Vendors RFP response. 3.16. COMPANY REFERENCES Provide a minimum of four (4) references, preferably with other municipalities in which similar services are being performed. References must be for work performed or completed within the past three (3) years. "Exhibit H, Reference Worksheet", must be complete and uploaded into the Planet Bid system under the "Response Type" section identified as "Exhibit H". While the Reference Worksheet accompanies your RFP response it is not to be discussed in any other area of the RFP response other than the "Response Type" section in Planet Bids. 3.17. LINE ITEM PRICING Line item pricing for this RFP must be provided directly in the Planet Bids system under the "Line Items" tab. This pricing is not an estimate and is firm fixed price for each item listed. Vendors pricing quotes outside of the pricing listed in Planet Bids under the "Line Items" tab will not be accepted or considered for award. Any additional cost required should be noted in the additional cost line item and a summary of the cost provided in the notes section of the line item. While Line item pricing accompanies your RFP response it is not to be discussed in any other area of the RFP response other than the "Line Item" tab in Planet Bids. The City will not Page 15 of 53 Page 309 City of Rancho Cucamonga Request for Proposal ("RFP") #19/20-013 for LIVID 411 Parkway, Paseo & Median Island Landscape & Irrigation Maintenance be obligated to any estimated pricing or pricing not identified in the "Line Item" tab in Planet Bids. Failure to provide the required Line Item pricing in the required format will cause Vendors RFP response to be considered as non-responsive and be eliminated from proceeding any further in the process. Any questions or clarifications regarding how to correctly submit Line Item pricing should be submitted by the "Questions Due" date and time indicated in the schedule of events. 4. SCOPE OF WORK 4.1. GENERAL PROJECT DESCRIPTION The scope of work is complete, continuous, consistent and safe landscape and irrigation maintenance of the designated areas that are specified herein. During, and at the end of the contract period, all plant material shall be in a healthy, growing condition and all irrigation systems will be in the proper state of repair and adjustment. The contractor shall provide all equipment, labor and materials necessary for performing landscape and irrigation maintenance according to the specifications herein. The intent and purpose of this agreement is to provide a level of maintenance to the areas such that each will present a safe, pleasing, and desirable appearance within the limitations of the contracted service levels. The contractor agrees to maintain all the designated areas covered by this Agreement at such levels. The Public Works Services Director, or his designated representative, shall be the sole judge as to the adequacy and quality of maintenance. The work shall be done in accordance with "The 'Green Book' Standard Specifications for Public Works Construction" 2018 edition including subsequent amendments, supplements and/or additions. Copies are available from the publisher, Building News, Incorporated, 1612 So. Clementine Street, Anaheim, California, 92802, telephone (714) 517-0970. Where the Public Works Services Director is mentioned in these Special Provisions, it shall be noted that his designated representative may act in his behalf regarding administration of this agreement. 4.2. CONTRACTOR'S LICENSE Contractor shall possess any and all contractor's licenses, in form and class as required by any and all applicable laws with respect to any and all of the work to be performed under this contract; including, but not limited to, a Class A (General Engineering Contractor); or a Class C-27 (Landscape Contractor), C -61/D-49 (Tree Service Contractor) and Class C-31 (Construction Zone Traffic Control Contractor); in accordance with the provisions of Page 16 of 53 Page 310 City of Rancho Cucamonga Request for Proposal ("RFP") #19/20-013 for LIVID 411 Parkway, Paseo & Median Island Landscape & Irrigation Maintenance the Contractor's License Law (California Business and Professions Code, Section 7000, et. seq.) and rules and regulations adopted pursuant thereto at the time this contract is awarded. 4.3. COMPETENCY OF VENDOR The bidder shall be licensed under the provisions of Chapter 9, Division 3, of the Business and Professions Code of the State of California to do the type of work contemplated in the contract and shall be skilled and regularly engaged in the general class or type of work called for under this contract. 4.4. CONTRACT TERM The Contract Term shall be from the date of mutual execution and shall remain in full force through June 30, 2021. Parties to any contract resulting from this RFP shall have the option to renew the Contract Term in one (1) year increments up to a total of five (5) additional years. 4.5. BONDS If a contract is awarded, the Contractor shall furnish a good and sufficient surety bond issued by a surety company authorized to do business in the State of California in the sum equal to 100% of the total award, conditioned for the Faithful Performance by the Contractor of all covenants, stipulations any agreements contained in said contract; in addition, the Contractor shall furnish a Labor and Materials Bond in a sum equal to 100% of the contract price, as required by the provisions of Section 9554 of the California Civil Code. 4.6. SUPERVISION AND STAFF The contractor shall assign a supervisor to be on site each working day, working regular working hours, for the duration of this contract. The contractor and his staff shall have skills, expertise, and experience in arboriculture, turf management, pest control, soils, fertilizers, plant identification and irrigation systems maintenance. The supervisor must be fluent in the English language. The supervisor shall be thoroughly knowledgeable of the General and Special Provisions of this contract. The contractor shall have on staff a full-time Water Auditor/Manager certified by the Irrigation Association (I.A.) or California Landscape Contractors Association (C.L.C.A.) as a Landscape Irrigation Auditor available to perform water audits, system checks, and irrigation scheduling as directed by the Public Works Services Director. (See 901-4.6 for an expanded description of responsibilities.) Page 17 of 53 Page 311 City of Rancho Cucamonga Request for Proposal ("RFP") #19/20-013 for LMD 411 Parkway, Paseo & Median Island Landscape & Irrigation Maintenance 4.7. PREVAILING WAGE Notice is hereby given that in accordance with the provisions of California Labor Code, Division 2, Part 7, Chapter 1, Articles 1 and 2, the Contractor is required to pay not less than the general prevailing rate of per diem wages for work of a similar character in the locality in which the public work is performed, and not less than the general prevailing rate of per diem wages for holiday and overtime work. In that regard, the Director of the Department of Industrial Relations of the State of California is required to and has determined such general prevailing rates of per diem wages. This contract is subject to compliance monitoring and enforcement by the Department of Industrial Relations. For all new contracts awarded on or after April 1, 2015, the contractors and subcontractors shall furnish electronic certified payroll records to the Labor Commissioner. Each Contractor or Subcontractor shall preserve his weekly payroll records for a period of three (3) years. The payroll records shall set out accurately and completely the name, address, social security number, occupational classification, and hourly wage rate of each employee, hours worked by him during the payroll period, and full weekly wages earned by him, any deductions made from such weekly wages, and the actual weekly wages paid to him. Such payroll records shall always be made available for inspection by the City or its authorized representatives. In addition to the foregoing payroll reporting and retention requirements, the Contractor and each of his subcontractors shall prepare payrolls on forms prescribed and in accordance with instructions furnished by the City. The Contractor shall deliver to the City a certified and legible copy of each payroll with the routine monthly invoices. 4.8. COMMUNICATIONS The Contractor shall provide a cellular telephone to each supervisor and water manager. Each supervisor and water manager shall always carry the telephone on his/her person during the workday for communication with the City representative. Each supervisor shall be on call 24 hours per day, seven days per week, for emergencies within the contract areas. 4.9. NON -RESPONSIVENESS OF CONTRACTOR Failure of the Contractor or the supervisors to respond immediately (within 1 hour) to the telephone notification by the Public Works Services Director of an emergency condition, or failure of the Contractor to respond within Page 18 of 53 Page 312 City of Rancho Cucamonga Request for Proposal ("RFP") #19/20-013 for LIVID 411 Parkway, Paseo & Median Island Landscape & Irrigation Maintenance two days of written notification by the Public Works Services Director or his representative, shall give the Public Works Services Director the right to cause necessary work to be performed by City crews, or other contractors and any costs incurred in so doing shall be deducted from the payment for the month in which the work was performed. 4.10. SERVICE LEVELS Now, or in the future, the City may have severe budget constraints within one or more of the landscape maintenance districts (LMDs) to which this Contract applies. As a result, and at any time, the City may choose to contract for maintenance of the affected LMDs at less than the "A" service level for any, or all landscape services as described in Schedule III, Service Level Descriptions. In all cases, the Scope of Work described herein, Section 4, is considered the "A" service level, the highest level of quality. Schedule III modifies certain items, and only those certain items listed in Schedule III, to lower the cost of maintenance to meet the budget constraints. Service level "A" is included in Schedule III to enable the bidder to easily compare those items that are lessened from the "A" level, to service levels "B" or "C". 4.11. SCHEDULING OF WORK The Contractor shall accomplish all normal landscape maintenance required under this contract between the hours of 7:00 a.m. and 4:30 p.m., Monday through Friday. Exceptions may be made to normal working hours, where incidence of use may be too great during the hours specified to allow for proper maintenance. The Public Works Services Director or his representative may grant, on an individual basis, permission to perform contract maintenance at other hours including weekends. No maintenance functions that generate excess noise that would cause annoyance to residents of the area shall commence before 8:00 a.m. Monday through Saturday and 9:00 am on Sundays. Unless otherwise specified by the Public Works Services Director, the Contractor shall provide no less than weekly scheduled maintenance to each site and supply the City with a schedule of routine work (the Maintenance Schedule Chart) to be followed in the performance of any work required by these specifications. Any changes in scheduling shall be immediately reported, in writing, to the Public Works Services Director. The Public Works Services Director will be notified in writing at least 24 hours in advance of each start date of non -routine maintenance operations including, but not limited to, fertilization, chemical application and tree pruning. Page 19 of 53 Page 313 City of Rancho Cucamonga Request for Proposal ("RFP") #19/20-013 for LIVID 411 Parkway, Paseo & Median Island Landscape & Irrigation Maintenance 4.12. UNDERGROUND SERVICE ALERT The Contractor shall comply with the requirements of Assembly Bill 73. The law states that, "every person planning to conduct any excavation is required to contract a regional notification center at least 2 working days prior to excavation." Assembly Bill 73 defines excavation as, "any operation in which earth, rock, or other material in the ground is moved, removed, or otherwise displaced by means of tools, equipment, or explosives in any of the following ways: grading, trenching, digging, ditching, drilling, auguring, tunneling, scraping, cable or pipe lowing and driving, or any other way." The Contractor shall assume all liability incurred from any type of excavation performed at the worksite. 4.13. MEASUREMENT AND PAYMENT a) The Contractor will be paid monthly based upon the Schedule of Unit Cost and Lump Sum Amounts. b) The Estimated Annual Quantity given in the proposal is approximate, being given as a basis for the comparison of bids only, and the City does not, expressly or by implication, agree that the actual amount of work will correspond therewith, but reserves the right to increase or decrease the amount of any class or portion of the work, or to omit any portion of the work, as may be deemed advisable or necessary by the Public Works Services Director. c) Whenever the Contractor is required to perform work or furnish equipment, labor, tools and materials of any class for which no price is fixed in the Proposal, it shall be understood that such work, equipment, labor, tools and material shall be provided without extra charge, allowance, or direct payment of any kind. The cost of performing such work or furnishing such equipment, labor, tools and materials shall be included in the unit bid prices in the proposal and no additional compensation will be made therefore. d) On or about the first day of each month, the Contractor shall present an invoice for the previous month for the contracted monthly amount. The invoice shall include the account number for each LIVID and the purchase order number for this contract. e) Included with the monthly and/or material invoices will be notations of the work functions accomplished during that period that are other than routine operations such as fertilization in accordance with Schedule I, chemical application and tree clearance. The quantity invoiced and paid shall be the total square feet shown in the Bid except that the Public Works Services Director shall have the right to increase or decrease the total quantity based upon documented field measurements. f) The Public Works Services Director will make payment monthly after verification of completion. Sites which, in the opinion of the Public Works Services Director, have not been maintained in accordance with the Contract Special Provisions will be deducted from the monthly payment on a square foot basis Page 20 of 53 Page 314 City of Rancho Cucamonga Request for Proposal ("RFP") #19/20-013 for LIVID 411 Parkway, Paseo & Median Island Landscape & Irrigation Maintenance for the month. The amount deducted shall be the amount paid per month for the entire site. g) Extra work shall be separately invoiced in accordance with the hourly rates and unit prices provided in the supplementary "Extra Work Schedule" of the contract bid. h) Draft extra work reports per LIVID should be delivered to the Public Works Services Director prior to invoice preparation. The purpose of which is to expedite the invoicing and payment process, and to approve the work for completion and payment. 4.14. EXAMINATION OF PLANS, SPECIFICATION, AND SITE OF WORK Bidders must satisfy themselves by personal examination of the work site, plans, specifications, and other contract documents, and by any other means as they may believe necessary, as to the actual physical conditions, requirements and difficulties under which the work must be performed. No bidder shall at any time after submission of a proposal make any claim or assertion that there was any misunderstanding or lack of information regarding the nature or amount of work necessary for the satisfactory completion of the job. Any errors, omissions, or discrepancies found in the specifications, or other contract documents shall be called to the attention of the City and clarified prior to the submission of proposals. 4.15. WORK SITES LIVID 4R: The boundaries of the District are generally described as that area located north of Foothill, west of Rochester, east of Haven, south of Base Line and includes the northeast corner of Base Line and Haven. The site descriptions for LIVID 4R are in Schedule IV. Reference is also made to the Assessment Diagram included in these specifications. 4.16. ADDITIONS During the contract new parkways, paseos, and medians will be developed and may be added to this contract. The Contractor will be given no less than fifteen (15) calendar days' notice prior to any additions. Further, the Contractor may have the option of accompanying the City inspector on final inspection, prior to acceptance of the site, to comment about the condition of the site. Payment for maintenance of additional sites shall be based upon the Schedule of Unit Cost and Lump Sum Amounts and its supplement "Extra Work Schedule" of this Bid. 4.17. DELETIONS At the Public Works Services Director's option, any contract areas may be deleted from the contract by notifying the Contractor in writing fifteen (15) calendar days prior to deletions from the Contract. Page 21 of 53 Page 315 City of Rancho Cucamonga Request for Proposal ("RFP") #19/20-013 for LIVID 411 Parkway, Paseo & Median Island Landscape & Irrigation Maintenance 4.18. QUALITY OF WORK All work shall be performed in accordance with the service level for which the work is contracted and the best irrigation and landscape maintenance practices shall be implemented to provide aesthetically pleasing, healthy and safe parkways, paseos and medians. The Public Works Services Director or his representative shall be the sole judge as to the adequacy and quality of maintenance. All materials, equipment and supplies used to repair and maintain devises and materials pursuant to the specifications for LANDSCAPE AND IRRIGATION MAINTENANCE FOR LIVID 4111 PARKWAYS, PASEOS AND MEDIANS shall meet current City standards for the individual landscape sites. 4.19. INSPECTIONS Scheduled on a specific day of the week and on a bi weekly basis, the Contractor or his representative will walk and/or drive the project with the Public Works Services Director or his representative for the purpose of determining compliance with the specifications or to discuss required work. Any specific problem area which does not meet the conditions of the specifications set forth herein shall be called to the attention of the Contractor and, if not corrected within a reasonable amount of time, shall be deducted in accordance with Section 4-13(f). 4.20. REPLACEMENT OF LANDSCAPE MATERIALS & CITY PROPERTY The Contractor shall be responsible for replacement of City property and any other items deemed necessary due to contractor negligence. This includes (but is not limited to) trees damaged by untrained and negligent equipment operators, fencing damaged by mower operator negligence, the failure of the contractor to provide water to a site where the irrigation cannot be repaired in a reasonable amount of time due to circumstances beyond their control. 4.21. UTILITY BILLS The City shall bear all the costs for water and electricity used on the sites covered by this contract as billed on the regular monthly invoices received by the City from the utility agencies. 4.22. CONFORMING TO STATE AND FEDERAL GUIDELINES FOR STORMWATER POLLUTION PREVENTION State and Federal guidelines for storm water pollution prevention are known as Best Management Practices (BMP's). These practices will help reduce groundwater contamination and pollution to our wetlands, beaches, and coastlines. Since Landscaping can and does contribute to storm water pollution, BMP guidelines taken from the California Storm Water Quality Association's Handbook are provided for the Contractor's reference. In Page 22 of 53 Page 316 City of Rancho Cucamonga Request for Proposal ("RFP") #19/20-013 for LIVID 411 Parkway, Paseo & Median Island Landscape & Irrigation Maintenance addition, these BMP's shall be reviewed with any new employee before he begins work in the field, and with all crews on at least an annual basis. (See Appendix C) 4.23. PERMITS Prior to the start of any work, the Contractor shall obtain the applicable City permits and plan for City inspections. The City will issue the permits at no charge to the Contractor. The Contractor and all subcontractors shall each obtain a City business license and shall be licensed in accordance with State Business and Professions Code. The Contractor shall also obtain any and all other permits, licenses, inspections, certificates, or authorizations required by any governing body or entity. 4.24. WORK AREA TRAFFIC CONTROL 4.24.1. TRAFFIC CONTROL PERMIT The Contractor shall prepare a permit application for street CLOSURE AND SHALL ATTACH TWO COPIES OF THE PROPOSED TRAFFIC CONTROL signing, barricading and/or detour routing. The permit application and accompanying attachments shall be reviewed by the City Traffic Engineer. Upon the Traffic Engineer's approval, a no -fee Street Closure Permit shall be issued. No Street Closure, Lane Closure, Detour or other work requiring traffic control shall commence prior to issuance of said permit. 4.24.2. SIGNS, BARRICADES, AND DELINEATORS The Contractor shall provide and install barricades, delineators, warning devices and construction signs in accordance with the current California Joint Utility Traffic Control Manual (CJUTCM) published by the California Inter- Utility Coordinating Committee, the Work Area Traffic Control Handbook (WATCH) and the current Caltrans Manual of Traffic Controls for Construction and Maintenance Work Zones unless otherwise approved by the Engineer. During adverse weather or unusual traffic or working conditions additional traffic devices shall be placed as directed by the Engineer. 4.24.3. TRAINING Upon award of the contract and before work can begin within the public right-of-way, the contractor shall provide written proof of work zone safety training of all supervisory staff. The contractor will be responsible for all work zone safety inspections and regular training of all staff setting up any traffic control. Page 23 of 53 Page 317 City of Rancho Cucamonga Request for Proposal ("RFP") #19/20-013 for LIVID 411 Parkway, Paseo & Median Island Landscape & Irrigation Maintenance 4.25. ROUTINE MAINTENANCE See section 4-13(b) for information on payment for routine maintenance tasks not listed on the cost proposal sheet. 4.25.1. TURF MAINTENANCE a) Mowing All turf and adjacent hardscape areas are required to present a neat, clean, and relatively debris free appearance upon the completion of the mowing project for the day. Since this contract requires the use of mulching type mowers, this may require that accumulated debris including leaves, trash, tree bark, branches, twigs, etc. be removed from the turf and surrounding hardscape areas prior to mowing. All turf areas shall be mowed once per week during the period of March 1st to November 1st and at least once every other week, or as needed, during the period of November 1st to March 1st. Exact dates shall be set on the Maintenance Schedule Chart to provide 45 mowing's per year. Work shall be performed on the same day each week. Mowing days will be coordinated with the City so that, if possible, mowing occurs 1 day prior to street sweeping. Street sweeper schedules will be provided to the contractor by the City Representative. All mowing missed due to inclement weather shall be rescheduled within 3 working days on the weekly schedule and within 7 days on the biweekly schedule. If weather or ground conditions persist, the Public Works Services Director may change the annual schedule to allow fewer than 45 mowing per year. The Contractor shall use mulching -type mowers that are approved prior to use by the Public Works Services Director. An example of the completed work done by each mulching mower must be presented for approval to the Public Works Services Director. Regardless of the season, the mowing height of tall fescue shall be 2 to 3" unless directed otherwise by the Public Works Services Director. All equipment shall be well maintained, adjusted properly, and blades shall always be kept sharp . b) Edging All turf grass borders shall be neatly and uniformly edged concurrently with every mowing. In addition to the required concurrent edging, an edger with a metal blade will be required for use on all turf grass borders at least once per month during the period of March 1 to November 1. Mechanical methods shall be used except where physically not possible or practical. Tree wells and valve boxes in turf areas shall be trimmed concurrently with each mowing. Trimming shall be done in a manner to prevent any damage to the tree trunk. "Arbor -Guards" or approved equal will in place at all times on all tree Page 24 of 53 Page 318 City of Rancho Cucamonga Request for Proposal ("RFP") #19/20-013 for LIVID 411 Parkway, Paseo & Median Island Landscape & Irrigation Maintenance trunks 4" in diameter or less within turf areas. Bare -soil tree wells are required in all turf areas and shall be maintained by chemical, not mechanical means. c) Fertilization All turf areas shall be fertilized in accordance with Schedule I. All proposed changes in formulation shall be submitted to the Public Works Services Director for approval prior to use. Fertilizer shall be applied in such a manner as to insure uniform coverage with minimum overlap. Turf shall be free of moisture at the time of application. Application of the fertilizer shall be done in sections coinciding with the areas covered by the timing stations on the automatic controllers in order that the soil may be thoroughly moistened immediately after the broadcast of fertilizer. All damages resulting from the use of unauthorized fertilizers or improper watering after fertilization shall be repaired or replaced at the expense of the Contractor. d) Aeration Mechanically aerate all turf areas spring and fall or more often as needed to reduce compaction and stress. In areas where soil conditions are poor, top dressing may be required and would be considered an extra. Use a core type aerator with % inch tines or approved equal. The aeration period will be recorded on the Maintenance Schedule Chart and should be performed prior to scheduled fertilizing, dethatching, overseeding, or pre -emergent applications. Do not aerate for at least 3 months following turf pre -emergent applications or as directed on the pesticide label. e) Dethatching Any turf areas in this contract may be required to be dethatched once per year during the fall prior to overseeding. Dethatching shall be accomplished by use of a "vertical cut type" dethatching machine. The degree of thatch removal will be determined by the Public Works Services Director or his representative prior to commencement of work. Dethatching will be recorded on the Maintenance Schedule Chart. Do not dethatch turf areas for at least 3 months following turf pre -emergent applications, or as directed on the pesticide label. Any areas requiring de -thatching shall NOT be billed as an extra. Page 25 of 53 Page 319 City of Rancho Cucamonga Request for Proposal ("RFP") #19/20-013 for LIVID 411 Parkway, Paseo & Median Island Landscape & Irrigation Maintenance f) Overseeding All overseeding shall be done with a seed type or blend approved by the Public Works Services Director. The Contractor shall over seed where needed in such a manner as to insure uniform growth with minimum bare areas. One month prior to overseeding, the Contractor shall notify the Public Works Services Director for approval of scope of work. All overseeding operations shall be billed once completed as extra work. Overseeding will be scheduled either in early fall or early spring. Fertilization and overseeding will be concurrently applied. Grass seed shall be applied at the rate specified on the label for the type of seed being used. Seed quality shall meet the following criteria: Minimum purity shall be 98% weed free for all grasses; minimum germination rate shall be 85% for all grasses; no seed shall be applied without prior verification of seed mix and quality by the Public Works Services Director. Once seed has been applied, the contractor shall firm the soil and cover the seed with top dressing to prevent erosion and reduce evaporation of soil moisture. Pre -emergent herbicide applications shall be applied no sooner than three (3) mowings following seed germination. Overseeding shall not be done within at least four months of any pre -emergent herbicide application or as directed on the pesticide label — whichever length of time is greater. g) Weed Control A regular program of chemical application shall be used to control weed growth, supplemented by hand removal of noxious weeds in the turf as necessary. Chemical control of broadleaf weeds shall be employed as often as necessary to maintain turf areas in a "Weed Free" condition. In addition, turf grass will be treated as follows: In both late February and in late May, a complete fertilizer plus Dimension (or Public Works Services Director approved equivalent pre - emergent crabgrass control herbicide) shall be applied to all turf areas. See Schedule I for complete details. Spray pattern indicators or dye markers shall not be used anywhere within this contract without the expressed written consent of the Public Works Services Director. Page 26 of 53 Page 320 City of Rancho Cucamonga Request for Proposal ("RFP") #19/20-013 for LIVID 411 Parkway, Paseo & Median Island Landscape & Irrigation Maintenance 4.25.2. SHRUB, GROUNDCOVER, DECOMPOSED GRANITE DG) AND VINE MAINTENANCE 4.25.2.1. SHRUB MAINTENANCE a) All shrubs growing in the work areas shall be pruned, as required, to consistently maintain plants in a healthy, growing condition, and to maintain plant growth within reasonable bounds to prevent encroachment of passage ways, walks, adjacent properties, streets, view of signs, traffic or in any manner deemed objectionable by the Public Works Services Director. Dead or damaged limbs or branches shall be removed immediately, and all pruning cuts shall be made cleanly with sharp pruning tools, with no projections or stubs remaining. b) Pruning shall be done in a manner to permit plants to grow naturally in accordance with their normal growth characteristics. Shearing, hedging or severe pruning of plants, unless authorized by the Public Works Services Director or his representative, shall not be permitted. c) Shrubs shall be fertilized in Spring and Fall using triple fifteen with trace elements or approved equal. All other applications that may be requested by the Public Works Director shall be extra work. Fertilization periods shall be recorded on the Maintenance Schedule Chart. 4.25.2.2. GROUND COVER MAINTENANCE a) Trim ground cover adjacent to walks, walls, curbs, mow curbs and fences as required for general containment to consistently present a neat, clean appearance of the planter and surrounding hardscapes within the landscape site. b) All Sidewalks, mow curbs, boxes, etc. shall be edged completely with all remaining soil, groundcover and other debris removed completely off these surfaces. A flat shovel will often be required to conform with this specification. c) Any paper, litter, or other debris including excessive pine needles or leaf litter that accumulates in ground cover areas shall be picked up on at least a weekly basis. d) Keep ground cover trimmed back from all controller units, valve boxes, quick couplers, or other appurtenances or fixtures. Do not allow ground covers to grow up trees, into shrubs, or on structures or walls. Keep it trimmed back approximately 4 inches from structures or walls. Coordinate trimming around base of shrubs/trees with the City Representative. Page 27 of 53 Page 321 City of Rancho Cucamonga Request for Proposal ("RFP") #19/20-013 for LIVID 411 Parkway, Paseo & Median Island Landscape & Irrigation Maintenance e) Bare soil areas shall be replanted, mulched, or wood chipped as directed. Coordinate replanting/chipping with the City Representative. The contractor shall pay the costs to replant/mulch bare soil areas caused by contractor negligence. Negligence includes (but is not limited to) the failure to provide water to sites that cannot be repaired in a reasonable amount of time due to circumstances beyond the control of the contractor. f) Fertilize in accordance with the specifications for shrub maintenance in Section 4.25.2.1(c) g) Annually, at the direction of the City Representative, mow overgrown ground cover to a height of three (3) inches. h) The Contractor shall mechanically "bowl", as often as is required, around all irrigation heads that are blocked by ground cover. 4.25.2.3. DECOMPOSED GRANITE (DG) To reduce water use, maintenance and run-off some areas within this contract may currently (or in the future) contain relatively small areas of DG as a landscape element. These relatively low maintenance areas are contained within the landscape and do not include equestrian and walking trails. DG areas shall be inventoried and paid at the same monthly unit cost as groundcover. a) Any paper, litter, rocks, trash, or other debris that accumulates in these DG areas shall be picked up on at least a weekly basis. b) The Contractor shall provide complete and continuous control and/or eradication of all weeds, roots, suckers, and pests. Pests include, but are not limited to insects, other invertebrates, and rodents. Pests may be controlled by mechanical means as well as with chemicals. C) The contractor shall provide complete and continuous maintenance of all non -trail DG surfaces within the landscape at no additional cost to the City. Maintenance shall include but will not be limited to filling and compacting low areas, ruts, washed-out areas, vandalized areas, and any other area deemed hazardous. d) Maintenance shall include not only the repairs but shall also include the removal of eroded or contaminated DG materials from sidewalks, drains, curbs, gutters, cobble, turf areas, planters, and any other areas where the DG does not belong. Eroded DG materials shall not be re -used in the trails or landscape and these materials shall be disposed of off-site at no cost to the City. Page 28 of 53 Page 322 City of Rancho Cucamonga Request for Proposal ("RFP") #19/20-013 for LMD 411 Parkway, Paseo & Median Island Landscape & Irrigation Maintenance e) Surface repair materials shall be clean and uncontaminated stabilized California Gold DG maintained at a minimum depth of 4". DG is available from Gail Materials in Corona, CA Phone no. (951) 667-6106. Submittal of all DG materials to the Public Works Services Director (or his agent) is required prior to any and all surface repairs. Materials placed without prior approval that do not meet City specifications will be removed and replaced at the expense of the contractor. f) Proper placement will require good preparation, wetting and compaction. DG shall be placed, wetted, and compacted at no more than 2" of lift at a time. In some cases, an additional lift may be required for the repair. Remove rocks, debris and loose materials and grade smooth. For each 2" of lift, spread the material over the area and grade level and smooth. Take the time necessary to thoroughly water the entire area to ensure the entire depth and profile is moist. Use a shovel to confirm moisture depth. Once properly wetted, roll, vibra-plate, or tamp the surface and allow enough time to dry. The surface shall be flush with all curbs, walks, headers and drains. In some instances, it may be necessary to build the material %" higher than the hardscapes to promote proper drainage. 4.25.2.4. VINE MAINTENANCE a) Vines are to be maintained such that they always present a neat appearance and are not a public hazard. b) To help prevent vines from falling off the wall, vines are to be trimmed and maintained closely to the wall to which they are attached. C) Vines that are not growing over the top of a wall will not be allowed to grow over the top. d) Vines that are growing over the top of a wall will be neatly trimmed on the City side and along the top without allowing clippings to fall onto the homeowner's side. e) Cut as few vines growing over to the homeowner's side as is necessary to achieve a neat appearance on the top of the wall but attempting not to kill the vines on the homeowner's side. If a homeowner requests that the City's vines be removed from the homeowner's side, remove them by pulling the vines from the homeowner's side to the City side and trimming off the excess. f) In addition to trimming vines at the top of the wall, vines shall also be trimmed along the bottom of the wall as often as is required to prevent them from encroaching into and damaging irrigation, groundcover, hardscapes, trees, shrubs, trails, and sidewalks. Page 29 of 53 Page 323 City of Rancho Cucamonga Request for Proposal ("RFP") #19/20-013 for LIVID 411 Parkway, Paseo & Median Island Landscape & Irrigation Maintenance g) The Contractor will not remove any vines from the homeowner's side without the homeowner's permission. h) The Contractor will reattach to a wall any vines that fall off a wall by using the attachments detailed on the construction plans for the site. 4.25.2.5. TREE MAINTENANCE a) All trees in the work site shall be maintained in their natural shapes. Work shall be accomplished in a manner which will ensure that each individual tree is carefully pruned as described in Appendix A, Pruning Standards, to promote the health and appearance of the tree. All work shall be of the highest quality, performed in accordance with the International Society of Arboriculture's (ISA) tree pruning standards. The Contractor shall be responsible for all tree pruning on each of the sites. Tree pruning includes (but is not limited to) dead, diseased, dying, damaged, and deformed limbs and branches. All major pruning operations shall not begin until reviewed with the Public Works Services Director or his representative. b) Low branches overhanging park and paseo maintenance driveways and all streets shall be raised to a height of thirteen (13) feet above street grade. Low branches overhanging sidewalks and parkways shall be raised to a height of nine (9) feet above grade. Tree branches overhanging equestrian trails shall be raised to a height of ten (10) feet. C) Young trees that need training shall be pruned on a continuing basis as needed. Under no circumstances will stripping of lower branches (raising up) of young trees be permitted. Lower branches shall be retained in a "tipped back" or pinched condition with as much foliage as possible to promote establishment, increased caliper, and a strong tapered trunk. If there are any doubts or questions, contract the Public Works Services Director or his representative. d) Annual fertilization shall be applied in the fall to those trees requiring supplemental nutrients as determined by the City Representative. On all newly planted and unestablished trees (except for palms) Agriform 20-10-5 Plant Tablets (or approved equal) shall be applied as per the manufacturer's directions. Fertilization may require deep root fertilization or foliar applications to correct nutrient deficiencies. All Palms shall be fertilized in spring and fall with an approved Palm specific fertilizer. e) The Contractor shall bring to the attention of the Public Works Services Director within twenty-four (24) hours any tree that shows signs of root heaving, leaning, having hanger limbs, or for any reason is a safety hazard. Page 30 of 53 Page 324 City of Rancho Cucamonga Request for Proposal ("RFP") #19/20-013 for LIVID 411 Parkway, Paseo & Median Island Landscape & Irrigation Maintenance f) The City shall bear all costs for the removal and replacement of dead or dying trees unless the need for removal was due to faulty maintenance or negligence. Faulty maintenance or negligence includes (but is not limited to) mower and string -trimmer damage. The Contractor, as determined by The Public Works Services Director, shall replace trees requiring replacement due to faulty maintenance or negligence. Replacement shall be made by the Contractor in the kind and size of trees as determined by the Public Works Services Director. Where there is a difference in value between the trees lost and the replacement of trees, this difference will be deducted from the contract payment. In all cases, the value of the trees lost will be determined by the Public Works Services Director using the latest edition of ISA's "Guide for Plant Appraisal" written by the Council of Tree and Landscape Appraisers. g) All trees requiring staking shall always be securely staked with two approved stakes set perpendicular to prevailing NE winds and secured to the stakes with at least two flexible ties and approved by the Public Works Services Director. The ties and stakes shall be inspected regularly to ensure against girdling and abrasion. Stakes shall not be allowed to touch the trunk or any major lateral branches. Therefore, reducing the height of the stakes may be required to prevent damage. Stakes shall be removed as soon as it is determined that a tree can stand on its own without support. Should 36 -inch box or larger sized trees need guying, the cost shall be paid by the City. h) Except for irrigation, debris removal, and fall and spring fertilization, the City shall perform all maintenance on palm trees within the worksite. Any major tree pruning operations performed by the contractor shall be recorded on a written report and submitted with the routine monthly billing. The report shall include tree species, DBH, location, year & date, and type of work performed. The report shall be written and submitted in an Excel spreadsheet format. 4.25.3. IRRIGATION MAINTENANCE 4.25.3.1. GENERAL a) Irrigation shall be done using automatic sprinkler systems where available and operable. However, failure of an existing irrigation system to provide full and proper coverage shall not relieve the Contractor of the responsibility to provide adequate irrigation with full and proper coverage to all areas within the work site. Providing full and adequate coverage may require hand watering, a station master, a battery backup, or a water tender. This type of watering may be billed as an extra on a case by case basis depending upon the circumstances. Failure to comply with this specification resulting in loss of plant material will be subject to section 4.20 of this contract. Calsense field controllers are installed for Page 31 of 53 Page 325 City of Rancho Cucamonga Request for Proposal ("RFP") #19/20-013 for LIVID 411 Parkway, Paseo & Median Island Landscape & Irrigation Maintenance scheduling. The Calsense field controllers communicate with a Calsense Central computer to receive daily evapotranspiration data from the Central. b) The irrigation schedule for each controller will be set by the City's Water Management Team along with regular input from the contractor's landscape water manager. The elements of the schedule to be set by City Staff are: days of the week to irrigate, start times, finish times, minutes per cycle, soak in times, percentage of daily evapo-transpiration per station and assignment of stations to programs. These settings will be done within the guidelines established by the City. C) The Contractor shall turn off all controllers, except those that communicate with the Calsense Central, when it is unnecessary to irrigate due to adequate rainfall. "Turning off" includes removing any manual programs that are scheduled. d) The Contractor will be expected to use the absolute minimum amounts of water in all areas required to maintain healthy plant growth. With regular required daily contractor input, the Water Management Team will adjust the percentages of evapo-transpiration for each station on the field Calsense controller to ensure that the zone covered by each station is not too dry or too wet. e) The Contractor shall periodically inspect the operation of the systems for any malfunction. The Contractor shall maintain all sprinkler systems, at no cost to the City, in such a way as to: guarantee proper coverage and full working capability; and make whatever adjustments may be necessary (including raising the sprinkler heads to the proper height) in order to provide proper irrigation to plants and to prevent excessive runoff into street right-of-ways or other areas not meant to be irrigated. f) The periodic inspections may occur more often, but not less frequently than one inspection each week. No watering shall be done during the day unless approved by the Public Works Services Director. The Contractor must provide adequate personnel to observe any irrigation system operations during the day. g) In addition to the weekly inspections, written bi-weekly irrigation system reports will also be required for each landscape site in the contract. Reports shall include but are not limited to the following information: name of inspector, site number, date, recommended schedule changes, recommended upgrades, soil moisture and depth, repairs made, repairs needed, overall coverage and distribution, and overall condition of the turf, planters, and trees. Reports shall be attached to the monthly routine billing and will be required for monthly payment. h) Sprinkler heads will be kept clear of overgrowth that may obstruct operation. Chemical edging with herbicides around turf heads will not be permitted. However, an approved plant growth regulator may Page 32 of 53 Page 326 City of Rancho Cucamonga Request for Proposal ("RFP") #19/20-013 for LIVID 411 Parkway, Paseo & Median Island Landscape & Irrigation Maintenance be used. i) Any damages to public or private property resulting from excessive irrigation water or irrigation water runoff shall be charged against the contract payment unless immediate repairs are made by the Contractor to the satisfaction of the Public Works Services Director. j) The Calsense Central computer will be operated by City employees. The Calsense field controllers communicate alerts to the Calsense Central. Once the web -based Calsense "Command Center On -Line" is up and running, the contractor will be expected to retrieve their own alerts five days per week, and all irrigators will be required to have hand-held devices that can communicate with these controllers to bring up alert data and operate stations remotely. Until the transition to web -based controllers is complete, the contractor will need to visit the Yard Monday through Thursday. On those days the contractor will be given daily alert reports generated by the Central. The alerts in many cases will be needed repairs or adjustments to systems in the field. Each day that City offices are open, the contractor shall send a representative to the City Corporate Yard to receive these reports. These reports are valuable for locating and identifying many irrigation issues but normally list only a small portion of the irrigation issues that are in the field. Responding to an alert is not a substitute for required weekly routine irrigation inspections and repairs. Any irrigation repairs requested by the Public Works Services Director (including but not limited to alerts) are required to be expeditiously corrected within a reasonable amount of time. The Public Works Services Director will determine the reasonable amount of time, in which the contractor must adhere. The contractor is also required to train the irrigation technicians to a competent level in the use of the Calsense system. The Public Works Services Director will evaluate the competence of the technicians. Upon request of the contractor, the City may provide training concerning the Calsense system. k) As needed or at least annually, all drip irrigation systems will be flushed out and filter screens cleaned or replaced. 1) As needed and at least annually for each point of connection incorporating a filter, the contractor will inspect, clean, and replace as required. m) As needed and at least annually the contractor will also inspect the point of connection for correct operating pressure. If operating pressure is above or below specifications, the condition shall be reported immediately to the Public Works Services Director. The Public Works Services Director or his agent will determine course of action. n) All irrigation heads that are not watering plant material shall immediately be reported to the Public Page 33 of 53 Page 327 City of Rancho Cucamonga Request for Proposal ("RFP") #19/20-013 for LIVID 411 Parkway, Paseo & Median Island Landscape & Irrigation Maintenance Works Services director for corrective action. In most cases, these heads will be capped, or nozzle radii will be reduced in the interest of water savings. Capping of heads and nozzle changes on bare areas may be billed as an extra. 4.25.4. SHRUB BEDS & PLANTER AREAS Shrub beds and planter areas shall be irrigated as required, to maintain horticulturally acceptable growth and color, and to promote deep rooting. Irrigation rates for shrub and planter areas shall be applied in such a manner as to keep surface runoff at a minimum. The irrigation rates shall be adjusted to the needs of shrub types, seasons, weather conditions, and water budget. 4.25.5. TURF AREAS Turf areas shall be irrigated as required in order to maintain acceptable growth and color. Turf areas shall be maintained using the least amount of water possible. These low water use specifications will cause some slight stress. However, if horticultural programs such as regular aerification, correct mower heights, proper fertility, weed control, and required system maintenance/programming is implemented, the stress should be mild enough for the turf plants to recover quickly when irrigated. Irrigation shall be applied in such a manner as to reduce runoff yet provide deep watering in order to promote deep rooting and improved drought resistance. Failure of the contractor to address severe and on-going over -watering issues and system maintenance will be subject to a site deduction for the month. 4.25.6. NEW PLANT MATERIALS Newly planted trees, shrubs, ground cover and turf shall receive adequate and regular attention until these plants are established. Adequate water shall be applied to promote normal, healthy growth. Proper berms or basins shall be maintained during the establishment period. Routine supplemental deep watering either by quick coupler, water tender, or by the installation of a supplemental irrigation system will be required to avoid dead plant material as well as the prevention of overwatering established plants located on the same hydro - zone. 4.25.7. REPAIRS AND REPLACEMENT Routine repairs to irrigation systems such as replacement of wiper seals, worn or broken nozzles, heads and risers and other routine maintenance shall be borne by the Contractor. Replaced or newly installed irrigation heads shall be identical to the heads specified in the approved City Standard Plans unless otherwise specified by the Public Works Services Director or his representative. Further, any other irrigation work shall also conform to the current approved City Standard Plans. Any deviation from these plans is considered a variance and all Page 34 of 53 Page 328 City of Rancho Cucamonga Request for Proposal ("RFP") #19/20-013 for LIVID 411 Parkway, Paseo & Median Island Landscape & Irrigation Maintenance variances shall be approved in writing by the Public Works Services Director or his representative prior to the commencement of any work. Costs of repairs to backflow preventers, pressure lines, valves, irrigation pumps and controllers shall be borne by the City and paid as extra work. Additionally, costs of repairs beyond the control of the Contractor such as vandalism, vehicular accidents, acts of nature, or other events not deemed contractor negligence shall also be paid by the City. Any irrigation repairs requested bythe Public Works Services Director (including but not limited to alerts) are required to be expeditiously corrected within a reasonable amount of time. Irrigation work not completed in a reasonable amount of time could be considered non- responsive and may result in a deduction of the entire site for the month. The Public Works Services Director will determine the reasonable amount of time, in which the contractor must adhere. The City reserves the right to use other contractors or City staff to complete any work not performed by the contractor. Per section 4- 13(f).of the special provisions in this contract, the City also reserves the right to deduct those costs from the routine billing for the month if the contractor is non-responsive to any emergency. 4.25.8. LANDSCAPE WATER MANAGER/AUDITOR The Contractor is required to have a full-time employee on staff whose sole function for this contract will be Water Manager/Auditor. This person must be fluent in both English and Spanish, proficient in the use of the Calsense irrigation system, and possess or can acquire an I.A. or C.L.C.A. water auditor's certificate within one year after the award of this contract. The Water Manager/Auditor will NOT perform repairs. Instead, he or she will report daily to the City's Water Management Section in a combined effort to manage water use. Primary Responsibilities of the Contract Water Manager/Auditor INCLUDE: • Providing regular daily input to the City's Water Management Team regarding programming and adjustment of field controllers for maximum water savings. This includes input regarding schedules; cycle and soak times; run times; number of water days; setting up and managing special programs; managing hold -over times; and correcting precipitation rate data on each station. • Regular probing of the soil to determine moisture requirements and adjusting the Calsense controller accordingly. • Weekly monitoring of all landscape sites within the contract to locate overwatered areas and areas where water can be reduced, declining areas, and areas in need of repairs. This weekly information will be used to inform the Public Works Services Director, establish priorities, save water, and to quickly address stressed and dying plant materials in the landscape. • Providing water audit reports when requested. • Assisting field crews by performing supplemental irrigation checks and issuing work orders as needed. • Providing recommendations to the PWSD for irrigation design upgrades. • Training contract field crews in English and/or Spanish in basic water management and providing effective communication between these crews and the City. Page 35 of 53 Page 329 City of Rancho Cucamonga Request for Proposal ("RFP") #19/20-013 for LIVID 411 Parkway, Paseo & Median Island Landscape & Irrigation Maintenance Immediately after the Award of Contract, the Contractor shall provide the Water Manager/Auditor with one each Calsense Model RRe-TRAN and RR-TRAN Radio Remote Controls, and a lap- top or I -pad with a data plan to successfully communicate with the Calsense Command Center On -Line web -based program. 4.25.9. PEST CONTROL (a) The Contractor shall provide complete and continuous control and/or eradication of all plant pests and weeds. Pests include, but are not limited to, insects, mites, other invertebrates, pathogens, nematodes, and vertebrates. Pests may be controlled by mechanical means as well as with chemicals. Chemical controls may include plant growth regulators. (b) Annually at the time of contract renewal, the Contractor shall submit a list for approval by the Public Works Services Director of all chemical pesticides proposed for use under this contract. Attached to the list will be the current label and safety data sheet (SDS), for each chemical on the list. Additionally, any changes or updates made to this list shall be supplied to the Public Works Services Director as they are made. Materials included on this list shall be limited to chemicals approved for use by the State of California Department of Food and Agriculture. No chemical pesticide shall be applied until its use is approved in writing by the Public Works Services Director. The application of chemicals shall conform to the current California Department of Food and Agriculture regulations. (c) Use of all E.P.A. registered pesticides must be preceded by notification to the Public Works Services Director a minimum of one week prior to the planned application date. The notification must be in writing and shall include the pest control advisor's written recommendation and State of California Agriculture Pest Control Advisor License number. A permit from the County Agricultural Commissioner's office to apply any restricted use pesticide must be obtained, and a notice of intent shall be filed at least forty-eight (48) hours before applications with the San Bernardino County Agricultural Commissioner's office as per State and County guidelines. (d) Only the safest, lowest odor and most environmentally friendly pesticides shall be used whenever possible. In addition, integrated pest management techniques shall also be used whenever possible; e.g., use of approved biological, mechanical, or exclusionary control methods. (e) The Contractor shall select and supply proper materials and licensed personnel and obtain any necessary permits, licenses, registrations, and pest control advisor recommendations, to comply with City, County, State or Federal regulations and laws. Copies of all County and State licenses, registrations, and permits required shall be supplied to the Public Works Services Director on an annual basis. The contractor will assume responsibility and liability for the use of all chemicals and their applications. Page 36 of 53 Page 330 City of Rancho Cucamonga Request for Proposal ("RFP") #19/20-013 for LIVID 411 Parkway, Paseo & Median Island Landscape & Irrigation Maintenance (f) Spray pattern indicators or dye markers shall not be used anywhere within this contract without the expressed written consent of the Public Works Services Director. (g) The Contractor's applicator shall hold a valid Qualified Applicator License or a Certified Commercial Applicator Certificate, issued by the State of California Department of Food and Agriculture, and be certified, or licensed, in at least Categories B and C. The Contractor must supply the City with a photocopy of the License or Certificate. If subcontractors are used for any pesticide applications, photocopies of their License or Certificate, County Registration and City Business License must be provided. (h) Pest control advisor recommendations shall be written for all types of chemical applications made in City parks or rights-of-way. Recommendations shall be written on forms approved by the San Bernardino County Agricultural Commissioner and a copy shall be provided to the Public Works Services Director prior to the application for his approval. All recommendations shall follow the guidelines set forth by the State and County Departments of Food and Agriculture, regarding pest control advisor recommendations. Pest control recommendations are registered by the County for one calendar year in January. Therefore, updated recommendations shall be submitted every January. (i) Pesticide application records shall be kept on forms identical to the format provided in Schedule II. A copy of each application form shall be provided to the City at the time of monthly invoicing. (j) Additionally, and prior to bid acceptance or contract renewal, the contractor shall provide to the Public Works Services Director a schedule outlining a written annual integrated pest management plan describing what products and/or alternative methods of pest control that will be scheduled each month. This monthly information shall include: • The target pest (gophers, grassy weeds, broadleaf weeds, shrub growth, insects, etc.) • The type of control method to be used (mechanical, chemical, cultural) • Where the method of control will be used (turf, hardscape, groundcover, mulchscape) • The name of the product to be used (Roundup Pro, Dimension, Ronstar, etc.) • The type of product to be used (Pre -emergent, PGR, insecticide, rodenticide, etc.) • The application rate to be used (lbs. or ozs. per acre or per 1000 sq. ft.) 4.25.10. DRAINS The Contractor shall be responsible for periodic inspections of surface flowlines, intake grates, and under sidewalk drains located within the landscaped areas. These drains shall be inspected during, prior to, and Page 37 of 53 Page 331 City of Rancho Cucamonga Request for Proposal ("RFP") #19/20-013 for LIVID 411 Parkway, Paseo & Median Island Landscape & Irrigation Maintenance following any rain event. Any debris or vegetation that could block the flow of water will require prompt removal. 4.25.11. CLEAN-UP a) At no time will the Contractor blow grass cuttings and/or debris into public streets, trails, or gutters without promptly removing the cuttings and/or debris and disposing of it legally, off site. b) Unless a chipper is used as described below in section 4.25.11(d), the Contractor shall remove all debris resulting from the maintenance operations and legally dispose of it off-site. All grass or other clippings shall be picked up after each mowing or trimming operation. c) All debris resulting from any of the Contractor's operations shall be removed and disposed of legally at the Contractor's expense. No debris will be allowed to remain at the end of the work day. d) To improve the fertility of planter beds, save water, reduce weeds, reduce the amount of green waste in the landfill, lower soil pH, and improve efficiency, the contractor may be required in many instances to utilize a chipper to mulch brush clippings back into the landscape planter from where the clippings had originated. The contractor will always be required to have a trained chipper operator on staff to accommodate this request at no additional cost to the City. This chipper program will be used wherever and whenever it is practical and will be utilized primarily wherever there are larger planter beds that are not wood -chipped. Only clippings from shrubs and trees will be allowed. Grass clippings, leaves, palm fronds, trash and weeds shall not be included in this program. The contractor shall always have a commercial brush chipper available at no additional cost to the City. e) All walkways will be kept clean/clear of debris and weed growth. Care shall be taken not to create unnecessary hazards to the public. f) Any paper, plastic, metal, leaves, pine needles, branches, rocks, DG, sand, soil, dead plant materials, litter or any other debris determined objectionable by the Public Works Services Director that accumulates within the work site shall be picked up weekly (or whenever the debris presents a hazard) and legally disposed of offsite. Any and all illegal dumping, including but not limited to hazardous waste, within the work site shall be reported immediately to the Public Works Services Director or his representative. 4.25.12. PLANTER WOOD CHIP MAINTENANCE a) The Contractor shall be responsible for maintaining a wood chip depth of no less than three (3) inches in any area that is currently wood chipped. Areas currently wood chipped shall be determined by the existence of wood chips from 4" in depth to only a few remaining particles due to decomposition and/or Page 38 of 53 Page 332 City of Rancho Cucamonga Request for Proposal ("RFP") #19/20-013 for LIVID 411 Parkway, Paseo & Median Island Landscape & Irrigation Maintenance removal of the original material by maintenance personal. Areas where no visible wood chips exist are not required to be wood chipped. To maintain the three inches of wood chips, the Contractor must replace the material each year. May is the optimum time to add this material however, this project can be performed at any time of the year. b) The approved material shall be wood chips, weed free, with no excessive visible amounts of other materials. The City utilizes a recycling program for wood chips. These approved recycled chips must be ordered from the Public Works Director or his agent. 4.25.13. HARDSCAPE MAINTENANCE Hardscape is all masonry or rock materials on a site from the edge of the asphalt/curb and gutter to the tract wall — the edge of the asphalt/curb and gutter shall include the crack or void between the asphalt and the concrete. Hardscape includes features within the landscape such as curbs; mow curbs, cobblestones, concrete pavers and concrete flowlines and sidewalks. All hardscape is to be maintained within the landscape site (including sidewalks) on a weekly basis. Weekly maintenance shall include keeping the hardscape clean, debris - and weed free by using whatever approved methods are necessary. Graffiti removal is not required but known instances of graffiti shall be reported immediately to the City Graffiti Hotline at 909-481-7999. Also, any spills, stains or damage on the hardscape shall be reported to the Public Works Services Director or his representative. This contract may or may not have hardscapes listed separately on a site inventory or paid separately from the turf and groundcover areas. In either case, all hardscapes shall be maintained to specification as part of the landscape maintenance contract. 4.25.14. TRAIL MAINTENANCE Many sites within the LMD's will have trails. Trails are defined as any PVC fencing and/or headers delineating one or both sides of a decomposed granite (DG) surface and the decomposed granite itself. The City will be responsible for all trail maintenance within the sites except for: excessive irrigation runoff and encroaching plant material from contractor -maintained landscapes; debris caused by landscape maintenance; eroded mulch and soil from contractor -maintained sites, broken PVC fencing caused by Contractor negligence; and, any other trail maintenance problem caused by Contractor negligence. 4.25.15. MULCHSCAPE MAINTENANCE "Mulchscape" refers to formerly landscaped areas that have been renovated and removed from regular contract maintenance. These areas will be covered with a layer of composted mulch and/or wood chips and use little or no water. Any trees growing within the mulchscaped sites will remain after conversion. Additionally, some low - maintenance shrubs and groundcover may remain whenever practical. Any maintenance on remaining Page 39 of 53 Page 333 City of Rancho Cucamonga Request for Proposal ("RFP") #19/20-013 for LIVID 411 Parkway, Paseo & Median Island Landscape & Irrigation Maintenance groundcover or shrubs within the mulchscaped areas will may be billed as extra work. Conversion of existing sites from landscape to mulchscape may be performed by either in-house City crews or by the maintenance contractor as extra work. Maintenance of these areas will include the following: (a) Tree Maintenance within Mulchscaped Sites Tree maintenance specifications are the same for all turf, groundcover and mulchscaped sites. Specifications are in Appendix "A" and Schedule III of this contract. (b) Vertebrate Pest & Weed Control within Mulchscaped Sites Vertebrate pests are to be reported to the Public Works Services Director or his representative. Weed control shall be complete and continuous utilizing both mechanical and chemical means as required. (c) Irrigation Maintenance within Mulchscaped Sites Since irrigation may either be capped or completely shut-off in mulchscaped areas, any irrigation maintenance required will be billed as extra work. All irrigation extra work in these areas must be pre -approved by the Public Works Services Director or his representative. (d) Trash and Litter within Mulchscaped Sites All mulchscaped areas are to be maintained for trash and excessive accumulated debris, including but not limited to, leaves, twigs, pine needles, branches and other landscape debris every other week or as required, but no less than every other week, using whatever means necessary. (e) Composted Mulch or Wood Chip Replacement within Mulchscaped Sites Mulchscaped areas will be consistently maintained to present a neat and clean appearance. Annually, and preferably in May of each year, composted mulch and/or wood chips will be added to all mulchscaped areas as required to restore the depth of the material to three inches throughout each designated mulchscape site. Submittals are required for approval by the Public Works Services Director or his representative on all materials prior to installation. (f) Hardscape within Mulchscaped Sites All hardscape within mulchscaped areas shall be maintained in compliance with Section 4-32 — Hardscape Maintenance. In addition, any utility box or irrigation boxes shall be kept free of any mulch or soil erosion. Page 40 of 53 Page 334 City of Rancho Cucamonga Request for Proposal ("RFP") #19/20-013 for LIVID 411 Parkway, Paseo & Median Island Landscape & Irrigation Maintenance (g) Trails within Mulchscaped Sites Any erosion of mulch onto a trail shall be removed on a bi-weekly basis. 4.25.16. TRASH RECEPTACLE MAINTENANCE There are an unspecified number of trashcans within this contract and additional trash cans may be added as required. bags will be collected once per week and replaced with new bags. These bags shall be provided by the contractor. Any trash can with damage, missing lids, graffiti or vandalism shall be reported to the Public Works Services Director immediately. In addition, pest control including (but not limited to) ant control will be required whenever necessary. The trash cans along the Pacific Electric Trail and at bus stops are maintained under a separate contract or by another agency and will not be included herein. 4.25.17. STROM DEBRIS CLEANUP a) The City of Rancho Cucamonga is subject to frequent wind, rain and other types of storms. The storms cause an accumulation of debris on the contracted sites. The debris includes such items as downed trees, limbs, leaves, tumbleweeds, trash and soil deposits. Because it is impractical to perform routine maintenance operations during and immediately following these storms, the Contractor shall promptly remove the debris such that routine maintenance operations are practical. Because the Contractor is removing debris in lieu of routine maintenance, the removal is at no extra charge to the City. In the case of an excessive accumulation of debris that is attributable to another agency, such as blown sand from a recently graded site, the City will act to have the responsible agency remove the debris. The cost for replanting new plant material to replace storm damaged plant material that cannot be repaired will be an extra. b) Emergency Storm Work Documentation and Tracking: All costs borne by the City for emergency storm clean-up work may be subject to re -imbursement through government disaster funds. In the event of an emergency, the City could easily be eligible for Federal, State, or local funds and therefore all costs that are storm related including labor, rentals and materials that are charged to the City shall be recorded and billed separately and labeled/dated as emergency related. In addition, since labor will be shifted away from routine work, all the shifted routine labor shall be tracked and recorded as emergency related since emergency labor may also be reimbursable. Once the contractor returns to normal operations, the contractor will be required to send a report outlining the shifted routine labor used during the emergency. Page 41 of 53 Page 335 City of Rancho Cucamonga Request for Proposal ("RFP") #19/20-013 for LIVID 411 Parkway, Paseo & Median Island Landscape & Irrigation Maintenance 4.26. EXTRA WORK a) Extra work may be required as a result of vandalism, accidents, or acts of nature. Further, work may be required in order to add new landscaping, or to delete or modify existing landscape. b) Extra work will not be performed without prior approval by the Public Works Services Director unless a condition exists wherein it appears there is a danger of injury to persons or property. c) Payment for extra work shall be in accordance with the hourly rates and unit prices in the Extra Work Schedule. The invoiced amount for material not listed in the schedule will be at the Contractor's cost including sales tax plus 15%; the 15% being for the Contractor's costs of overhead. d) Except for routinely billed and ordinary irrigation repairs, extra work shall not commence without a written and approved proposal. Further, the extra work shall not be invoiced and billed until the work has been inspected and approved for completeness by the Public Works Services Director. e) The City reserves the right to cause any extra work deemed necessary by the Public Works Services Director to be performed by City crews or other contractors, at no cost to the Contractor. 5. EVALUATION AND VENDOR SELECTION PROCESS 5.1. INITIAL SCREENING All RFP responses will undergo an initial review to determine responsiveness to the instructions herein. Those RFP responses initially determined to be responsive by meeting the RFP requirement as indicated herein will proceed to the next phase of the evaluation process. 5.2. EVALUATION ACTIVITIES RFP responses deemed as having met the standard RFP requirements as indicated herein are then evaluated by an Evaluation Committee. The RFP submittals are scored and assigned a ranking of one (1) through ten (10), ten being the highest possible score. The following criteria have been assigned percentages that the criteria will be scored against, based upon but not limited to the following evaluation criteria factors: rritarin Criteria Description Assigned Percentage Vendor Expertise 10 Page 42 of 53 Page 336 City of Rancho Cucamonga Request for Proposal ("RFP") #19/20-013 for LIVID 411 Parkway, Paseo & Median Island Landscape & Irrigation Maintenance Quality of proposed services or goods 10 Extent to which the Vendors services or goods meet the City's needs 15 Vendor's history and resources available to provide the required services. 15 Experience and professional qualifications of staff 15 Understanding of the Scope of Work 15 Cost 20 5.3. COST EVALUATION Cost Proposals are evaluated and scored based on the following calculations; Score = Lowest Proposal Cost / Cost of Proposal being scored X Maximum Points Available (10) The score is then added to the spreadsheet criteria scores. 5.4. REFERENCE CHECKS If determined to be required reference checks are conducted by the Procurement Division and the requesting department may or may not be present during the process. The reference checks may be conducted by phone with the information being scribed or conducted by a written form, submitted to the Vendor's reference contact. Reference contacts will be asked several predetermined questions for response and to provide a score from one (1) to ten (10), ten being the highest. Scores are then tabulated and added to the spreadsheet with the criteria scores. It is imperative that Vendors provide up to date and accurate information regarding contact information for reference checks. All scores are then tabulated into the final Vendor ranking. Evaluators do not see the Vendor References or pricing line items. The proposed pricing is evaluated by the Procurement Division during the initial review of the RFP response, only to ensure that the proposed cost is not over the City's budgeted amount or Not -to -Exceed amount for the project. 5.5. DEMONSTRATIONS/ INTERVIEWS Upon completion of the RFP evaluations and data analysis, and only if necessary, selected top ranked Vendors will be provided an opportunity to interview and conduct a demonstration or presentation to further expand on their RFP response. Vendor interviews/demonstrations are scored and assigned a ranking of one (1) through ten (10), ten being the highest possible score, based upon but not limited to the evaluation criteria factors as stated within the RFP. Page 43 of 53 Page 337 City of Rancho Cucamonga Request for Proposal ("RFP") #19/20-013 for LIVID 411 Parkway, Paseo & Median Island Landscape & Irrigation Maintenance 5.6. FINANCIAL DOCUMENTATION Vendors that proceed to the short-list may be required to submit financial documentation as proof of its firm's financial stability and strength. A financial review will be conducted by the City Finance Department. Should a Vendor wish for its financial documentation to be treated as proprietary or be returned upon completion of the review, the documentation must clearly be marked as such. The following documentation will be required of each Vendor on the short-list: • A copy of the Vendor's most recent annual report. • Audited (by a third party), balance sheets and income statements for the past three (3) years. • If audited data is not available, Vendor shall submit copies of complete tax returns for the past three (3) years. • Describe any regulatory censure and past or pending litigation related to services provided by the Vendor. • Indicate all applicable information regarding Vendor ownership changes in the last three (3) years. 5.7. BEST AND FINAL OFFER Upon completion of Vendor presentations, the City reserves the right to conduct pre -award discussions and/or pre -contract negotiations with all or only top ranked Vendors. At which time the City may request a Best and Final Offer to be submitted from one or all finalists. 5.8. VENDOR SELECTION The final Vendor selection is based on which Vendor is the most responsive, meeting the City's requirements, offering the best value at the most competitive price. The City is not obligated to award to the lowest price proposal. The City may conduct negotiations with several Vendors simultaneously. The City may also negotiate contract terms with the selected Vendors prior to award. The City, at its sole discretion, reserves the right, unless otherwise stated, to accept or reject all or any RFP responses, or any part thereof, either separately or to waive any informality and to split or make the award in any manner determined to be in the best interest of the City. 5.9. LETTER OF INTENT TO AWARD After a final Vendor selection is determined, a Letter of Intent to Award (LOI) will be posted for review by all participating, responsive Vendors. Negotiations shall be confidential and not subject to disclosure to competing Vendors unless an agreement is reached. If contract negotiations cannot be concluded successfully, City may negotiate a contract with the next highest scoring Vendor or withdraw the RFP entirely. Page 44 of 53 Page 338 City of Rancho Cucamonga Request for Proposal ("RFP") #19/20-013 for LMD 411 Parkway, Paseo & Median Island Landscape & Irrigation Maintenance "EXHIBIT A" CITY OF RANCHO CUCAMONGA CONFLICT OF INTEREST/NON-DISCLOSURE STATEMENT It is the policy of the City of Rancho Cucamonga to prevent personal or organizational conflict of interest, or the appearance of such conflict of interest, in the award and administration of City Contracts, including, but not limited to Contracts for Professional Services Agreements ("PSA") with potential Vendors. I do not have specific knowledge of confidential information regarding RFP responses received in response to the Request for Proposal ("RFP") #19/20-013 for LIVID 4111 Parkway, Paseo & Median Island Landscape & Irrigation Maintenance. I agree not to disclose or otherwise divulge any information pertaining to the contents, status, or ranking of any RFP response to anyone. I understand the terms and "disclose or otherwise divulge" to include, but are not limited to, verbal conversations, written correspondence, reproduction of any part or any portion of any RFP response, or removal of same from designated areas. I, the undersigned, hereby certify that the following statements are true and correct and that I understand and agree to be bound by commitments contained herein. (Print Name) (Relationship to the City) (Relationship to the Vendors) (Signature) (Date) Must be included in final RFP submittal. Page 45 of 53 Page 339 City of Rancho Cucamonga Request for Proposal ("RFP") #19/20-013 for LIVID 411 Parkway, Paseo & Median Island Landscape & Irrigation Maintenance "EXHIBIT B" PROFESSIONAL SERVICES AGREEMENT EXCEPTIONS SUMMARY Mark the appropriate choice, below: •W Vendors accepts the PSA without exception. Vendors proposes exceptions to the PSA. Summarize all exceptions on a separate document. Enclose a written summary of each change and title as "Exception Summary", which shall include the Vendors' rationale for proposing each such exception. Each exception must be labeled with the Section number in the PSA. Failure to properly reference exceptions in the submitted summary may deem the response as non-responsive. Signature Printed Name Title Date Must be included in final RFP submittal. Page 46 of 53 Page 340 I City of Rancho Cucamonga Request for Proposal ("RFP") #19/20-013 for LIVID 4R Parkway, Paseo & Median Island Landscape & Irrigation Maintenance "EXHIBIT C" ACKNOWLEDGMENT OF INSURANCE REQUIREMENTS AND CERTIFICATION OF ABILITY TO PROVIDE AND MAINTAIN COVERAGES SPECIFIED the (President, Secretary, Manager, Owner or Representative) of , certify that the (Name of Company, Corporation or Owner) Specifications and General Provisions regarding insurance requirements as stated within the Professional Services Agreement (PSA), for the Purchase Contract designated Request for Proposal ("RFP") for #19/20-013 for LIVID 4111 Parkway, Paseo & Median Island Landscape & Irrigation Maintenance have been read and understood and that our Vendors is able to provide and maintain the coverage as specified in the PSA. Failure to provide said coverage, upon reauest to finalize the PSA prior to award shall be enough cause for immediate disqualification of award. Failure to maintain said coverage shall result in termination of the contract. Signature Printed Name Title Date Must be included in final RFP submittal. Page 47 of 53 Page 341 City of Rancho Cucamonga Request for Proposal ("RFP") #19/20-013 for LIVID 411 Parkway, Paseo & Median Island Landscape & Irrigation Maintenance "EXHIBIT D" ADDENDUM ACKNOWLEDGEMENT The Vendors hereby acknowledges the following Addenda Number(s) to this RFP have been received, if any. Vendors understands failure to acknowledge any addenda issued may cause the RFP response to be considered non-responsive. It is the Vendors' responsibility to log into the Bid System to identify and download the number of addenda that have been posted. Signature Printed Name Title Date Must be included in final RFP submittal. Page 48 of 53 Page 342 City of Rancho Cucamonga Request for Proposal ("RFP") #19/20-013 for LMD 411 Parkway, Paseo & Median Island Landscape & Irrigation Maintenance "EXHIBIT E" DEBARMENT and SUSPENSION CERTIFICATION FORM I certify that neither (Vendor) nor any of its proposed subcontractors are not currently listed on the governmentwide exclusions in the System for Award Management (SAM), in accordance with the guidelines under 2 CFR 200 that implement Executive Orders 12549 (3 CFR part 1986 Comp., p. 189) and 12689 (3 CFR part 1989 Comp., p. 235), and that neither Vendor nor any of its proposed subcontractors are tax delinquent with the State of California. I acknowledge that if Vendors or any of its subcontractors subsequently are placed under suspension or debarment by a local, state or federal government entity, or if Vendors or any of its subcontractors subsequently become delinquent in California taxes, our Proposal will be disqualified. Signature Printed Name Title Date Must be included in final RFP submittal. Page 49 of 53 Page 343 City of Rancho Cucamonga Request for Proposal ("RFP") #19/20-013 for LMD 411 Parkway, Paseo & Median Island Landscape & Irrigation Maintenance "EXHIBIT F" PARTICIPATION CLAUSE It is hereby understood that other government entities, such as cities, counties, and special/school districts may utilize this RFP response at their option for equipment or services at the RFP response price for a period of days. Said entities shall have the option to participate in any award made because of this solicitation. Any such piggy -back awards will be made independently by each agency, and the City of Rancho Cucamonga is not an agent, partner or representative of these agencies and is not obligated or liable for any action of debts that may arise out of such independently negotiated piggy -back procurement. Each public agency shall accept sole responsibility of its own order placement and payments of the Vendors. Successful Vendors will extend prices as proposed herein to other governmental agencies, please specify. YES NO Must be included in final RFP submittal. Page 50 of 53 Page 344 City of Rancho Cucamonga Request for Proposal ("RFP") #19/20-013 for LIVID 411 Parkway, Paseo & Median Island Landscape & Irrigation Maintenance "EXHIBIT G" SIGNATURE OF AUTHORITY The undersigned firm declares that he has carefully examined the specifications and read the above terms and conditions, and hereby proposes and agrees, if this RFP response is accepted, to furnish all material in accordance with the specifications and instructions, in the time and manner therein prescribed for the unit cost amounts set forth in the following RFP response. THE VENDOR IN SUBMITTING THIS RFP RESPONSE MUST FILL IN THE FOLLOWING INFORMATION. FAILURE TO DO SO MAY DEEM YOUR RFP RESPONSE AS NON-RESPONSIVE. Company Name: Address: (Street, Su. # City, State, Zip) Telephone #: Fax #: E-mail address: Web Address: Authorized Representative: (print) Title: Signature: Date: Must be included in final RFP submittal. Page 51 of 53 Page 345 City of Rancho Cucamonga Request for Proposal ("RFP") #19/20-013 for LIVID 4R Parkway, Paseo & Median Island Landscape & Irrigation Maintenance "EXHIBIT H" REFERENCES WORKSHEET The following References Worksheet must be complete, please do not mark "See Attached". Provide a minimum of four (4) clients that are similar in size to the City of Rancho Cucamonga that your company has conducted comparable or like services. Preferred references should be government agencies and be a current customer within the past three (3) years. Please verify accuracy of contact information. Reference 1 Company Name Contact Name and Title Company Address Contact Telephone Number Contact Email Description of Comparative Services and Project Cost (please be specific) Reference 2 Company Name Contact Name and Title Company Address Contact Telephone Number Contact Email Description of Comparative Services and Project Cost (please be specific) Page 52 of 53 Page 346 City of Rancho Cucamonga Request for Proposal ("RFP") #19/20-013 for LIVID 4R Parkway, Paseo & Median Island Landscape & Irrigation Maintenance Company Name Contact Name and Title Company Address Contact Telephone Number Contact Email Description of Comparative Services and Project Cost (please be specific) Company Name Contact Name and Title Company Address Contact Telephone Number Contact Email Description of Comparative Services and Project Cost (please be specific) Reference 3 Reference 4 Page 53 of 53 Page 347 APPENDIX A PRUNING STANDARDS PURPOSE: Trees and other woody plants respond in specific and predictable ways to pruning and other maintenance practices. Careful study of these responses has led to pruning practices which best preserve and enhance the beauty, structural integrity, and functional value of trees. To promote practices that encourage the preservation of tree structure and health, the Western Chapter, International Society of Arborists, Certification Committee has established the following Standards of Pruning for Certified Arborists. The Standards are presented as working guidelines, recognizing that trees are individually unique in form and structure, and that their pruning needs may not always fit strict rules. The Certified Arborist must take responsibility for special pruning practices that vary greatly from these Standards: I. PRUNING TECHNIQUES A. A thinning cut removes a branch at its point of attachment or shortens it to a lateral large enough to assume the terminal role. Thinning opens up a tree, reduces weight on heavy limbs, can reduce a tree's height, distributes ensuing invigoration throughout a tree and helps retain the natural shape of the tree. Thinning cuts are preferred in tree pruning. B. A heading cut removes a branch to a stub, a bud or a lateral branch not large enough to assume the terminal role. Heading cuts should seldom be used because vigorous, weakly attached upright sprouts are forced just below such cuts, and the tree's natural form is altered. In some situations, branch stubs die or produce only weak sprouts. C. When removing a live branch, pruning cuts should be made in branch tissue just outside the branch bark ridge and collar, which are trunk tissue. If no collar is visible, the angle of the cut should approximate the angle formed by the branch bark ridge and the trunk. Appendix A, Page 1 Page 348 D. When removing a dead branch, the final cut should be made outside the collar of live callus tissue. If the collar has grown out along the branch stub, only the dead stub should be removed, the live collar should remain intact and uninjured. E. When reducing the length of a branch or the height of a leader, the final cut should be made just beyond (without violating) the branch bark ridge of the branch being cut to. The cut should approximately bisect the angle formed by the branch bark ridge and an imaginary line perpendicular to the trunk or branch cut. F. A goal of structural pruning is to maintain the size of lateral branches to less than three-fourths the diameter of the parent branch or trunk. If the branch is co- dominant or close to the size of the parent branch, thin the branch's foliage by 15% to 250, particularly near the terminal. Thin the parent branch less, if at all. This will allow the parent branch to grow at a faster rate, will reduce the weight of the lateral branch, slow its total growth, and develop a stronger branch attachment. If this does not appear appropriate, the branch may need to be shortened to a large lateral or be completely removed. G. On large -growing trees, except whorl -branching conifers, branches that are more than one-third the diameter of the trunk should be spaced along the trunk at least 18 inches apart, on center. If this is not possible because of the present size of the tree, such branches should have their foliage thinned 15% to 250, particularly near their terminals and/or be shortened. H. Pruning cuts should be clean and smooth with the bark at the edge of the cut firmly attached to the wood. I. Large or heavy cut branches should be lowered on ropes or thrown clear to prevent injury to personnel, the tree, or other property. J. Wound dressings and tree paints have not been shown to be effective in preventing or reducing decay. They are therefore not recommended for routine use when pruning. II. TYPES OF PRUNING - MATURE TREES Appendix A, Page 2 Page 349 A. Crown Cleanin Crown cleaning or cleaning out is the removal of dead, dying, diseased, crowded, weakly attached and low -vigor branches and water sprouts from a tree crown. B. Crown thinning includes crown cleaning and the selective removal of branches to increase light penetration and air movement into the crown. Increased light and air stimulates and maintains interior foliage, which in turn improves branch taper and strength. Thinning reduces the wind -sail effect of the crown and the weight of heavy limbs. Thinning the crown can emphasize the structural beauty of trunk and branches as well as improve the growth of plants beneath the tree by increasing light penetration. When thinning the crown of mature trees, no more than 250 of the live foliage shall be removed. At least one-half of the foliage should be on branches that arise in the lower two-thirds of the trees to avoid excessive raising of the trees. When thinning laterals from a limb, an effort should be made to retain inner lateral branches in order to leave a balanced distribution of foliage along each lateral. Trees and branches so pruned will have stress more evenly distributed throughout the tree or along a branch. An effect known as "lion's -tailing" results from pruning out the inside lateral branches. Lion's -tailing, by removing all the inner foliage, displaces the weight to the ends of the branches and may result in sunburned branches, water sprouts, weakened branch structure and limb breakage. C. Crown Reduction Crown reduction is used to reduce the height and/or spread of a tree. Thinning cuts are most effective in maintaining the structural integrity and natural form of a tree and in delaying the time when it will need to be pruned again. The lateral to which a branch or trunk is cut should be at least one-half the diameter of the cut to be made. D. Clearance Prunin Clearance pruning removes the lower branches of a tree Appendix A, Page 3 Page 350 in order to provide clearance for buildings, vehicles, pedestrians, and vistas. It is important that a tree have at least one-half of its foliage on branches that originate in the lower two-thirds of its height to ensure a well -formed, tapered structure and to uniformly distribute stress within the tree. When pruning for view, it is preferable to develop "windows" through the foliage of the tree, rather than to severely raise or reduce the crown. III. SIZE OF PRUNING CUTS Each of the Pruning Techniques (Section I) and types of Pruning (Section II) can be done to different levels of detail or refinement. The removal of many small branches rather than a few large branches will require more time, but will produce a less pruned appearance, will force fewer water sprouts and will help to maintain the vitality and structure of the tree. Designating the maximum size (base diameter) that any occasional undesirable branch may be left within the tree crown, such as 1,�", 1" or 2" branch diameter, will establish the degree of pruning desired. Appendix A, Page 4 Page 351 APPENDIX B Map of Landscape Maintenance Districts Boundaries and Site Locations It is the Bidders responsibility to visit all specified works sites on their own time. There will not be a scheduled job walk. Bidders must satisfy themselves by personal examination of the work site, plans, specifications, and other contract documents and by any other means as they may believe necessary, as to the actual physical conditions, requirements and difficulties under which the work must be performed. No bidder shall at any time after submission of a Bid make any claim or assertion that there was any misunderstanding or lack of information regarding the nature of or amount of work necessary for the satisfactory completion of the job. Any errors, omissions, or discrepancies found in the plans, specifications, or other contract documents shall be submitted to the attention the Procurement Manager in order to be addressed in an addendum prior to the submission of Bids. Appendix B, Page I Page 352 Hillside Rd U) c ........... Banyan St 19th St Q ¢Q > > Landscape Maintenance District 4-R Cn Q (0 to C E !EE m = Q = _ _.._.._.._.._.._.._.._.._.._.._.._.._ti ...... -................ ..�+ Base Line Rd 1 pp Q �• 1 1 1 > Q 1 3MENNEN 1 (1) U i > M Wilson o w U O i Iy 4. Foothill BI 1 " Arrow Rt 8th St o 6th Al c > 4th St° Q Q Q Q Tne maps, tlala, aM gcoinform("Infovnatron5 availanlc by aM Nrough the City of Rancho CucamongaIg, arc presentetlt.d as a public re u of general infomalkn. The GM of Rancho Cucamonga makes nor imDlks no warranty,. repr, esentationor guarantee � as to tM coraenl, nequenx, acwracy, conpktenena or timelnea. of any Inb�malion (a O > provided to You Mrein. Tie user should not rel upon the Informatkn for any r...nn Infarm Im nerein. aM Is aketed b indepanderdy veal arty and all prmented TM Cay of Ra W Cuwirorga eaplkaly aM wilhoul limaation disclaims any aM all �_ Q% E rcprexntations aM wamideen, Irrclud lnp, nut nd limned to, the impllM wapantiea () of merrnantiblity and fi— for a pedicular pu' —. TM CM of Rancho Cucamonga some shell and a ptmr any Iublity, regardless of the causation br (i) airy = L if �l ' ' any inlormation providetl and/or (ii) arty action o 1anyl nation oaurUrnp due to persons reliance upon the IIf.—I availank hereinr Base Line Rd Q Foothill BI Arrow Rt i — Q � ca LU 4th St a� U Legend 1.r'i ;��•• City Limits LMD4-R Q Q4111 1 pp Q �• 1 1 1 > Q 1 3MENNEN 1 (1) U i > M Wilson o w U O i Base Line Rd Q Foothill BI Arrow Rt i — Q � ca LU 4th St a� U Legend 1.r'i ;��•• City Limits LMD4-R Q Q4111 Q 3MENNEN Miles O w 1 0.5 0 1 Page 353 Page 354 APPENDIX C — STORM WATER QUALITY BEST MANAGEMENT PRACTICES 5C-73 Landscape Maintenance ■ Consider grass cycling (grass cycling is the natural recycling of grass by leaving the clippings on the lawn when mowing. Grass clippings decompose quickly and release valuable nutrients back into the lawn). Suggested Protoeois Mowing, Trimming, and Weeding ■ Whenever possible use mechanical methods of vegetation removal (e..g mowing with tractor - type or push mowers, hand cutting with.gas o;r,electric power0d weed trimmers) rather than applying herbicides. Use hand weeding where practical. i Avoid loosening the soil when conducting mechanical or manual -Weed control, this could lead to erosion. Use mulch or other erosion control measures.whei soils.are exposed. ■ Performing mowing at optimal times: Mowing -should not be performed if significant rain . events are predicted. ■ Mulching mowers may he recom- mended for certain flat areas. 0tber techniques may be. - employed to minimize mowing such as selective vegetative planting using low maintenance grasses and shrubs. ■ Collect lawn and garden clippings, pruning waste, tree trimmings, and weeds. Chip if necessary, and compost or dispose of at a landfill (see waste management section of this fact sheet). ■ Place temporarily stockpiled material away from watercourses, and berm or cover stockpiles to prevent material releases to storm drains. Planting ■ Determine existing native vegetation features (location, species, size, function, importance) and consider the feasibility of protecting them. Consider elements such as their effect on drainage and erosion, hardiness, maintenance requirements, and possible confli M. between preserving vegetation and the resulting maintenance needs. ■ Retain and/or plant selected native vegetation whose features are determined to be beneficial, where feasible. Native vegetation usually requires less maintenance (e.g., irrigation, fertilizer) than planting new vegetation. ■ Consider using low water use groundcovers when planting or replanting. Waste Management • Compost leaves, sticks, or other collected vegetation or dispose of at a permitted landfill. Do not dispose of collected vegetation into waterways or storm drainage systems. ■ Place temporarily stockpiled material away from watercourses and storm drain inlets, and berm or cover stockpiles to prevent material releases to the storm drain system. ■ Reduce the use of high nitrogen fertilizers that produce excess growth requiring more frequent mowing or trimming. 2 of 5 California Stormwater BMP Handbook January 2003 Municipal www. ca b m p l'a nd books. corn Appendix C, Page 1 Page 355 Landscape Maintenance SC -73 ■ Avoid landscape wastes in and around storm drain inlets by either using bagging equipment or by manually picking up the material. Irrigation ■ Where practical, use automatic timers to minimize runoff. ■ Use popup sprinkler heads in areas with a lot of activity or where there is a chance the pipes may be broken. Consider the use of mechanisms that reduce water flow to sprinkler heads if broken. ■ Ensure that there is no runoff from the landscaped area(s) if re-claimed water is used for irrigation. ■ If bailing of muddy water is required (e.g. when repairing a water line leak), do not put it in the storm drain; pour over landscaped areas. w Irrigate slowly or pulse irrigate to prevent runoff and then only irrigate as much as is needed. w Apply water at rates that do not exceed the infiltration rate of the soil. Fertilizer and Pesticide Management ■ Utilize a comprehensive management system that incorporates integrated pest management (IPM) techniques. There are many methods and types of IPM, including the following: Mulching can be used to prevent weeds where turf is absent, fencing installed to keep rodents out, and netting used to keep birds and insects away from leaves and fruit. - Visible insects can be removed by hand (with gloves or tweezers) and placed in soapy water or vegetable oil. Alternatively, insects can be sprayed off the plant with water or in some cases vacuumed off of larger plants. - Store-bought traps, such as species-specific, pheromone -based traps or colored sticky cards, can be used. - Slugs can be trapped in small cups filled with beer that are set in the ground so the slugs can get in easily. In cases where microscopic parasites, such as bacteria and fungi, are causing damage to plants, the affected plant material can be removed and disposed of (pruning equipment should be disinfected with bleach to prevent spreading the disease organism). Small mammals and birds can be excluded using fences, netting, tree trunk guards. - Beneficial organisms, such as bats, birds, green lacewings, ladybugs, praying mantis, ground beetles, parasitic nematodes, trichogramma wasps, seed head weevils, and spiders that prey on detrimental pest species can be promoted. ■ Follow all federal, state, and local laws and regulations governing the use, storage, and disposal of fertilizers and pesticides and training of applicators and pest control advisors. January 2UO3 California Stormwater BMP Handbook 3 of 6 Municipal w ww. ea 6 m pha nd boa ks. nom Appendix C, Page 2 Page 356 SC -73 Landscape Maintenance ■ Use pesticides only if there is an actual pest problem (not on a regular preventative schedule). ■ Do not use pesticides if rain is expected. Apply pesticides only when wind speeds are low (less than 5 mph). ■ Do not mix or prepare pesticides for application near storm drains. ■ Prepare the minimum amount of pesticide needed for the job and use the lowest rate that will effectively control the pest. ■ Employ techniques to minimize off -target application (e.g. spray drift) of pesticides, including consideration of alternative application techniques. ■ Fertilizers should be worked into the soil rather than dumped or broadcast onto the surface. ■ Calibrate fertilizer and pesticide application equipment to avoid excessive application. ■ Periodically test soils for determining proper fertilizer use. ■ Sweep pavement and sidewalk if fertilizer is spilled on these surfaces before applying irrigation water. ■ Purchase only the amount of pesticide that you can reasonably use in a given time period (month or year depending on the product). ■ Triple rinse containers, and use rinse water as product. Dispose of unused pesticide as hazardous waste. ■ Dispose of empty pesticide containers according to the instructions on the container Iabel. Inspection ■ Inspect irrigation system periodically to ensure that the right amount of water is being applied and that excessive runoff is not occurring. Minimize excess watering, and repair leaks in the irrigation system as soon as they are observed. ■ Inspect pesticide fertilizer equipment and transportation vehicles daily. Training ■ Educate and train employees on use of pesticides and in pesticide application techniques to prevent pollution. Pesticide application must be under the supervision of a California qualified pesticide applicator. ■ Train/encourage municipal maintenance crews to use IPM techniques for managing public green areas. ■ Annually train employees within departments responsible for pesticide application on the appropriate portions of the agency's IPM Policy, SOPS, and BMPs, and the latest IPM techniques, d orb California Stormwater BMP Handbook January Z003 Munlcfpal www. Ca hm ph a nd books. cam Appendix C, Page 3 Page 357 Landscape Maintenance SC -73 ■ Employees who are not authorized and trained to apply pesticides should he. periodically (at least annually) informed that they cannot use over-the-counter pesticides in or around the workplace. ■ Use a training log or similar method to document training. Spill Response and Prevention ■ Refer to SC -11, Spill Prevention, Control & Cleanup ■ Have spill cleanup materials readily available and in a know in location ■ Cleanup spills immediately and use dry methods if possible. ■ Properly dispose of spill cleanup material. Other Considerations ■ The Federal Pesticide, Fungicide, and Rodenticide Act and California Title 3, Division 6, Pesticides and Pest Control Operations place strict controls over pesticide application and handling and specify training, annual refresher, and testing requirements. The regulations generally cover: a list of approved pesticides and selected uses, updated.regulariy, general _ application information; equipment use and maintenance procedures; and record keeping. The California Department of Pesticide Regulations and the County Agricultural Commission coordinate and maintain the licensing and certification programs. All public agency employees who apply pesticides and herbicides in "agricultural use" areas such as parks, golf courses, rights-of-way and recreation areas should be properly certified in accordance with state regulations. Contracts for landscape maintenance should include similar requirements. ■ All employees who handle pesticides should be familiar with the most recent material safety data sheet (MSDS) files. ■ Municipalities do not have the authority to regulate the use of pesticides by school districts, however the California Healthy Schools Act of 2000 (AB 2260) has imposed requirements on California school districts regarding pesticide use in schools. Posting of notification prior to the application of pesticides is now required, and IPM is stated as the preferred approach to pest management in schools. Requirements Costs Additional training of municipal employees will be required to address IPM techniques and BMPs. IPM methods will likely increase labor cost for pest control which may be offset by lower Chemical costs. Maintenance Not applicable January 2003 cali€omla Stormwater BMP Handbook S Qf 6 Municipal www. cabmpha n dbooks. oom Appendix C, Page 4 Page 358 SC -73 Landscape Maintenance Supplemental Infermation Further Detail of the BMF Waste Management Composting is one of the better disposal alternatives if locally available. Most municipalities either have or are planning yard waste composting facilities as a means of reducing the amount of waste going to the landfill. Lawn clippings from municipal maintenance programs as well as private sources would probably be compatible with most composting facilities Contractors and Other Pesticide Users Municipal agencies should develop and implement a process to ensure that any contractor employed to conduct pest control and pesticide application on municipal property engages in pest control methods consistent with the IPM Policy adopted by the agency. Specifically, municipalities should require contractors to follow the agency s IPM policy, S..OPs, and BMPs; provide evidence to the agency of having received training on current IPM techniques when feasible; provide documentation of pesticide use on agency property to the agency in a timely manner. Refdrenees and Resources King County Stormwater Pollution Control Manual. Best Management Practices for Businesses. 1995• King County Surface Water Management. July. On-line: h dnr. kc. v' wlr ss s .htm Los Angeles County Stormwater Quality Model Programs. Public Agency Activities h ad w.or wm d mod 1 lin fm Model Urban Runoff Program: A How -To Guide for Developing Urban Runoff Programs for Small Municipalities. Prepared by City of Monterey, City of Santa Cruz, California Coastal Commission, Monterey Bay National Marine Sanctuary, Association of Monterey Bay Area Governments, Woodward -Clyde, Central Coast regional Water Quality Control Board. July. 1998. Orange County Stormwater Program http://www.otersheds.wm/StormWater/smT introdugtionjAsp Santa Clara Valley Urban Runoff Pollution Prevention Program. 1997 Urban Runoff Management Plan. September 1997, updated October 2000. United States Environmental Protection Agency (USEPA). 2002. Pollution Prevention/Good Housekeeping for Municipal Operations Landscaping and Lawn Care. Office of Water. Office of Wastewater Management. On-line: htW://www.epa.Z. Qv n pdes/menuofbmpsll)ou S htm 6 of 6 California Stounwater BMP Handbook January 2003 Municipal www. ra brnpha n dboo ks. w m Appendix C, Page 5 Page 359 Page 360 SCHEDULEI ANNUAL FERTILIZER SCHEDULE FOR TALL FESCUE TURF Service JAN FEB MAR APR MAY JUNE JULY AUG SEP OCT NOV DEC Level A & B DIM DIM WIN CAL C DIM WIN Symbol Type of Fertilizer 24-3-8 with 0.22% DIM Dimension WIN 12-8-16 Winterizer CAL Calcium Nitrate FERTILIZER PROGRAM NOTES & ADDITIONAL GUIDELINES • 24-3-8 Fertilizer with 0.22% Dimension - Applications will be split between February and May. To achieve maximum weed control and conform with EPA guidelines, apply 114 lbs. of fertilizer per acre in Feb, and then again in May at "A" and "B" levels. At "C" level apply full rate once in March. • 12-8-16 & Calcium Nitrate - Apply at 1 lb. of actual N per 1000 square feet. • If turf areas require over -seeding, a pre -plant fertilizer such as Simplot's 6-20-20 (or approved equal) shall be used at the rate of 16 lbs. per one thousand square feet. The Fertilizer material specifications above are only a guideline and it is understood that fertilizers with these exact specifications may not be available for purchase. In that event, an approved submittal of the alternate fertilizer must be provided and approved by the Public Works Services Director prior to application. Schedule II, Page 1 Page 361 Applicator (Print Name) Name or Address of Treatment Site Trade Name SCHEDULE II PESTICIDE APPLICATION RECORD Date CHEMICAL INFORMATION Manufacturer Compound Class: ❑ Fungicide ❑ Insecticide ❑ Herbicide ❑ Rodenticide ❑ Growth Regulator Formulation ❑ E.C. E.P.A. Registration Number Toxicity Rating (Signal Word) ❑ Flowable ❑ Wettable Powder ❑ Granular APPLICATION INFORMATION Type of Area Treated (Turf, Trees, Soil, etc.) Plant Species Target Pest Square Footage or Number of Plants Treated Application Method Check Safety Equipment Used ❑ Goggles ❑ Hat w/face shield Machine Speed Used mph rpm ❑ Rubber boots ❑ Rubber gloves ❑ Respirator ❑ Coveralls Nozzle Size or Spreader Setting Pressure Maintained Pump Boom Service Container Labeled ❑ Yes ❑ No Sample Label in possession ❑ Yes ❑ No Pesticide Rate (oz/lbs) per acre (oz/lbs) per 1,000 sq. ft. Pesticide to Water Ratio oz/lbs. per gallons of water Application Rate gallons per acre gallons per 1,000 sq. ft. Spray to Wet ❑ Total Amount of Final Mixture gallons water oz/lbs. pesticide Total Amount of Mixture Applied gallons Time of Day: start finish Clear Water Cycled Through Tank After Application or Applied to Target ❑ Yes ❑ No (Do not dump rinse water) Weather Conditions Temperature Wind (speed and direction) Public Safety Controls Other Comments As the applicator of the above-mentioned pesticide, I hereby certify that the information above is correct to the best of my knowledge. Signature date Schedule II, Page 2 Page 362 SCHEDULE III SERVICE LEVEL DESCRIPTIONS TURF MAINTENANCE A T,F:VF:T, 1. The Contractor shall mow all turf areas once per week during the period of March 1 to November 1; and not less than biweekly during the period of November 2 to February 28. 2. The Contractor shall edge ALL turf grass borders including (but not limited to) valve boxes, curbs, mow curbs, pads, headers, turf and planter interfaces without headers, sidewalks and tree wells concurrently with each mowing. In addition, an edger with a metal blade will be required for use on all turf grass borders at least once per month during the period of March 1 to November 1. 3. The Contractor shall fertilize all turf areas in accordance with Schedule I. 4. The Contractor shall mechanically aerate all turf areas both in the spring and the fall of each year and more often as required to reduce compaction and stress. 5. Annually, and at no additional cost to the City, the Contractor shall mechanically dethatch all turf areas identified by the Public Works Services Director or his representative as requiring de - thatching. This operation should be scheduled immediately prior to overseeding for those areas that are to be overseeded. 6. The Contractor shall on a weekly basis remove any trash and debris that accumulates on the turf. R T.F.VF.T. 1. The Contractor shall mow all turf areas once per week during the period of March 1 to November 1; and as required during the period November 2 to February 28. 2. The Contractor shall edge all turf grass borders including (but not limited to) valve boxes, curbs, mow curbs, pads, headers, turf and planter interfaces without headers, sidewalks and tree wells concurrently with each mowing. In addition, an edger with a metal blade will be required for use on all turf grass borders at least bi-monthly during the period of March 1 to November 1. Schedule III, Page 1 Page 363 SCHEDULE III SERVICE LEVEL DESCRIPTIONS TURF MAINTENANCE 3. The Contractor shall fertilize all turf areas in accordance with Schedule I. 4. The Contractor shall not be required to aerate or dethatch turf areas. 5. The Contractor shall on a weekly basis remove any trash and debris that accumulates on the turf. C LEVEL 1. The Contractor shall mow all turf areas every other week throughout the year. An edger with a metal blade will not be required as part of the turf maintenance program at "C" level. 2. The Contractor shall edge all turf grass borders including (but not limited to) valve boxes, curbs, mow curbs, pads, headers, turf and planter interfaces without headers, sidewalks and tree wells concurrently with each mowing 3. The Contractor shall fertilize all turf in accordance with C -Level on Schedule I. 4. The Contractor shall not be required to aerate or dethatch turf areas. 5. The Contractor shall on a bi-weekly basis remove any trash and debris that accumulates on the turf. Schedule III, Page 2 Page 364 SCHEDULE III SERVICE LEVEL DESCRIPTIONS MULCHSCAPE MAINTENANCE A LEVEL 1. Mulchscaped areas will be consistently maintained on a weekly basis to present a neat and clean appearance free of trash and accumulated debris. 2. In May of each year, mulch will be added to all mulchscaped areas as required to restore the depth of mulch to three inches throughout each mulchscaped site. R T.F.VF.T. 1. Mulchscaped areas will be consistently maintained on a weekly basis to present a neat and clean appearance free of trash and accumulated debris. 2. In May of each year, mulch will be added to all mulchscaped areas as required to restore the depth of mulch to three inches throughout each mulchscaped site. C LEVEL 1. On a bi-weekly basis, mulchscaped areas will be maintained to present a neat and clean appearance free of trash and accumulated debris. 2. When specified by the Public Works Services Director, mulch shall be applied by the contractor to a depth of no less than three inches and billed as extra work. Schedule III, Page 3 Page 365 SCHEDULE III SERVICE LEVEL DESCRIPTIONS HARDSCAPE MAINTENANCE A LEVEL 1. The Contractor shall, on a weekly basis remove any weeds, trash and debris that accumulates on the hardscape. R T,F:VF:T, 1. The Contractor, shall on a bi- weekly basis, remove any weeds, trash and debris that accumulates on the hardscape. C LEVEL 1. The Contractor shall, on a bi-weekly basis, remove any weeds, trash and or debris that accumulates on the hardscape. Schedule III, Page 4 Page 366 SCHEDULE III SERVICE LEVEL DESCRIPTIONS PEST CONTROL Note: All pest control, including that for areas inventoried as turf, groundcover, hardscape, vines and shrubs shall be at the level for which turf is contracted. A T.F.V17T. 1. Complete and continuous control and/or eradication of all Landscape pests and weeds. B LEVEL 1. Complete and continuous control and/or eradication of all Landscape pests and weeds. C LEVEL 1. Complete, thorough, and consistent control and eradication of all Landscape pests and weeds within the landscape every 90 days or whenever the Public Works Services Director determines that a pest or weed problem has become a public health or safety hazard. Complete, thorough, and consistent control of weeds shall include the use of pre -emergent herbicides broadcast over the entire planter area, as well as post emergent herbicides spot -sprayed as required to achieve complete weed control. Complete, thorough, and consistent weed control utilizing the proper selection and application of herbicides on schedule, will result in a relatively acceptable level of control for this reduced service level lasting the entire length of the 90 -day period. Schedule III, Page 5 Page 367 SCHEDULE III SERVICE LEVEL DESCRIPTIONS GROUND COVER MAINTENANCE A LEVEL 1. The Contractor shall trim ground cover adjacent to any hardscape, structure, fixture, plant, or other area into which it should not encroach such that a neatly trimmed appearance and hazard free condition is consistently maintained. 2. The Contractor shall on a weekly basis clean any accumulated debris and trash from all ground cover areas. 3. The Contractor shall fertilize 1000 of all ground cover areas two times per year in the spring and fall with 15-15-15 or approved equal. 4. The Contractor shall annually, at the direction of the Public Works Services Director, mow, or otherwise lower, all ground cover to a height of three inches. 5. The Contractor shall mechanically "bowl" around all irrigation heads that are blocked by ground cover. MMOLVABON 1. The Contractor shall on a monthly basis trim ground cover adjacent to any hardscape, structure, fixture, plant or other area into which it should not encroach. 2. The Contractor shall on a bi-weekly basis clean any accumulated debris and trash from all ground cover areas. 3. The Contractor shall fertilize 1000 of all ground cover areas once per year in the spring with 15-15-15 or approved equal. 4. The Contractor shall at the direction of the Public Works Services Director, mow, or otherwise lower, all ground cover to a height of three inches. 5. The Contractor shall at the direction of the Public Works Services Director, edge any groundcover deemed a public safety hazard. 6. The Contractor shall mechanically "bowl", as often as is required, around all irrigation heads that are blocked by ground cover. Schedule III, Page 6 Page 368 SCHEDULE III SERVICE LEVEL DESCRIPTIONS GROUND COVER MAINTENANCE C LEVEL 1. The Contractor shall on a bi-monthly basis trim all ground cover adjacent to any hardscape, structure, fixture, plant or other area into which it should not encroach. 2. The Contractor shall on a bi-weekly schedule clean any accumulated debris and trash from all ground cover areas. 3. The Contractor shall not be required to fertilize ground cover. 4. The Contractor shall at the direction of the Public Works Services Director, mow, or otherwise lower, to a height of three inches all ground cover that is a fire hazard. 5. The Contractor shall at the direction of the Public Works Services Director, edge any groundcover deemed a public safety hazard. 6. The Contractor shall mechanically or chemically "bowl" as often as is required around each irrigation head that is blocked by ground cover. Schedule III, Page 7 Page 369 SCHEDULE III SERVICE LEVEL DESCRIPTIONS SHRUB MAINTENANCE Note: Shrub maintenance will be at the service level for which ground cover maintenance is contracted. A T,F:VF:T, 1. The Contractor shall selectively prune all shrubs whenever required such that each shrub grows vigorously and healthily in its natural form without encroaching upon any adjacent area, improved street or sidewalk, or otherwise becomes a public hazard. Shearing on any "A" level plant material shall not be permitted without authorization from the PWSD director. 2. The Contractor shall fertilize the entire shrub planter twice per year in the spring and fall using 15-15-15 with trace elements or approved equal. R T.7W7T, 1. The Contractor shall shear all shrubs as often as required such that each shrub is attractive and neat without encroaching upon any adjacent improved area, street or sidewalk, or otherwise becoming a public hazard. Shearing shall be done in a manner to permit plants to grow in accordance with their natural growth characteristics. Shrubs shall not be individualized and/or sheared into "boxed," "balled" or any other unnatural shapes. 2. The Contractor shall fertilize the entire shrub planter once per year using 15-15-15 with trace elements or approved equal. r T.F.VF.T. 1. The Contractor shall shear all shrubs two times per year in the spring and fall such that each shrub is attractive and neat without encroaching upon any adjacent improved area, street or sidewalk, or otherwise becoming a public hazard. Shearing shall be done in a manner to permit plants to grow in accordance with their natural growth characteristics. Shrubs shall not be individualized and/or sheared into "boxed," "balled" or any other unnatural shapes. 2. The Contractor shall not be required to fertilize shrubs at "C" level. Schedule III, Page 8 Page 370 SCHEDULE III SERVICE LEVEL DESCRIPTIONS VINE MAINTENANCE Note: Vine maintenance will be at the service level for which ground cover is contracted. T T UN TL' T 1. The Contractor shall trim vines as often as required such that they consistently present a neat appearance. 2. The Contractor shall immediately re -attach to a wall any vines that fall off a wall or fence by using the attachments required on the construction plans for the site. 3. The Contractor shall ensure that no vines grow into undesirable places such as groundcover, hardscapes, trees or shrubs. D T LIN TUT 1. The Contractor shall trim vines twice per year in March and September. 2. The Contractor shall immediately re -attach to a wall or fence any vines that fall off a wall by using the attachments required on the construction plans for the site. 3. Concurrent with March and September vine trimming, the Contractor shall twice per year remove vines that grow into undesirable places such as groundcover, hardscapes, trees or shrubs. (" T L' K T' T 1. The Contractor shall trim vines once per year in Fall. 2. The Contractor shall re -attach to a wall or fence once per year in Fall vines that fall off the wall by using the attachments required on the construction plans for the site. 3. The Contractor shall annually, in Fall, remove all vines that grow into undesirable places such as groundcover, hardscapes, trees or shrubs. Schedule III, Page 9 Page 371 SCHEDULE III SERVICE LEVEL DESCRIPTIONS TREE MAINTENANCE Note: Although trees are planted in both turf and ground cover areas within the City, trees will be maintained at the service level for which ground cover maintenance is contracted. A T,FATF.T, 1. The Contractor shall maintain all trees on the work sites in their natural shapes; healthy, disease and pest free; vigorously growing; and safe including vehicle, pedestrian and equestrian clearance; and free of dead, diseased or dying wood and "hangers" or any other public hazard - including wind hazards. 2. Low branches overhanging park and paseo maintenance driveways and all streets shall be raised to a height of thirteen (13) feet above street grade. Low branches overhanging sidewalks and parkways shall be raised to a height of nine (9) feet above grade. Tree branches overhanging equestrian trails shall be raised to a height of ten (10) feet. 3. Low hanging tree branches shall be trimmed as required as to not encroach onto shrubs and surrounding plant materials as well as provide an aesthetically pleasing appearance. 4. The Contractor shall maintain young trees in a "tipped -back", not stripped, condition. 5. The Contractor shall maintain the staking for each tree requiring staking in accordance with the current City tree planting standard. R T,F:VF:T, 1. Low branches overhanging park and paseo maintenance driveways and all streets shall be raised to a height of thirteen (13) feet above street grade. Low branches overhanging sidewalks and parkways shall be raised to a height of nine (9) feet above grade. Tree branches overhanging equestrian trails shall be raised to a height of ten (10) feet. 2. Low hanging tree branches shall be trimmed as required as to not encroach onto shrubs and surrounding plant materials as well as provide an aesthetically pleasing appearance. Schedule III, Page 10 Page 372 SCHEDULE III SERVICE LEVEL DESCRIPTIONS TREE MAINTENANCE 3. The Contractor shall maintain young trees in a "tipped -back", not stripped, condition. 4. The Contractor shall maintain the staking for each tree requiring staking in accordance with the current City tree planting standard. 5. All tree hazards that are beyond the scope of the specifications of this contract shall be immediately reported to the Public Works Service Director or his representative. (' T,F VF:T, 1 A often as required for safety purposes, low branches overhanging park and paseo maintenance driveways and all streets shall be raised to a height of thirteen (13) feet above street grade. Low branches overhanging sidewalks and parkways shall be raised to a height of nine (9) feet above grade. Tree branches overhanging equestrian trails shall be raised to a height of ten (10) feet. 2. Low hanging tree branches shall be trimmed in Fall as to not encroach onto shrubs and surrounding plant materials as well as provide an aesthetically pleasing appearance. 3. All tree hazards that are beyond the scope of the specifications of this contract shall be immediately reported to the Public Works Service Director or his representative. 4.Young trees requiring staking or training shall be reported to the Public Works Services Director. Schedule III, Page I I Page 373 SCHEDULE III SERVICE LEVEL DESCRIPTIONS DECOMPOSED GRANITE (DG) MAINTENANCE A LEVEL 1. The Contractor shall on a weekly basis remove any accumulated debris and trash from all non -trail DG areas. 2. Surface repairs including the off-site removal and disposal of eroded and/or contaminated DG materials shall be complete and continuous as required. MMOVADIN 1. The Contractor shall on a bi-weekly basis clean any accumulated debris and trash from all non -trail DG areas. 2. Surface repairs shall be performed in May when the rainy season has ended, or when it has been determined by the Public Works Services Director (or his agent) that there is an immediate safety hazard. The off-site removal and disposal of eroded DG materials shall be complete and continuous as required. C LEVEL 1. The Contractor shall on a bi-weekly basis clean any accumulated debris and trash from all non -trail DG areas. 2. Except for the removal of eroded materials, surface repairs will be completed by City crews. The off-site removal and disposal of eroded DG materials shall be performed by the contractor completely and continuously as required. Schedule III, Page 12 Page 374 SCHEDULE IV SITE DESCRIPTIONS LMD 4R PARKWAYS, PASEOS AND MEDIANS Site # Descriptive Locations TV- l The monument on the southeast corner of Haven and Baseline. The Baseline median from Haven to the Deer Creek Channel. The south side of Baseline from Haven to Deer Creek Channel less the frontage of the condominium complex. Ground cover area: 22,054 square feet Hardscape: 10,630 square feet TV -2 The Baseline median from Spruce to Deer Creek Channel. The south side of Baseline from Deer Creek Channel to Spruce. The west side of Spruce from Baseline to Terra Vista Parkway. The north side of Spyglass from Spruce to Roxbury. Ground cover area: 18,863 square feet Turf area: 15,067 square feet Hardscape: 12,575 square feet TV -3 The east side of Spruce from 120 feet south of Spyglass to Baseline. The south side of Baseline from Spruce to 800 feet east of Spruce. The Baseline median from Spruce to Milliken. Ground cover area: 16,670 square feet Turf area: 14,857 square feet Hardscape: 16,567 square feet TV -4 The south side of Baseline from 800 feet east of Spruce to Milliken. The cul-de-sac at the north end of Cascade. Ground cover area: 16,613 square feet Turf area: 5,324 square feet Hardscape: 7,950 square feet TV -5 The north side of Terra Vista Parkway from Belpine to 112 feet west of Butterfield. Terra Vista Parkway median from Spruce to Milliken and the south side of Terra Vista Parkway from 164 feet west of Belpine to Belpine. Ground cover area: 19,738 square feet Turf area: 2,675 square feet Hardscape: 13,328 square feet Schedule IV, Page 1 Page 375 SCHEDULE IV SITE DESCRIPTIONS LMD 4R PARKWAYS, PASEOS AND MEDIANS Site # Descriptive Locations TV -6 The north side of Terra Vista Parkway from Spruce to 175 feet north of Countryside and Terra Vista Parkway median from Church to Spruce. Ground cover area: 22,959 square feet Turf area: 6,195 square feet Hardscape: 11,702 square feet TV -7 The north side of Church from the west side of the Deer Creek Channel (both sides of the County asphalt road) to Terra Vista Parkway. The west side of Terra Vista Parkway from 175 feet north of Countryside to Church. Ground cover area: 9,924 square feet Turf area: 5,378 square feet Hardscape: 6,426 square feet TV -8 The southeast corner of Church and Haven. The Church median from Haven to Terra Vista Parkway and the wash end on the northwest corner of the Deer Creek Channel and Church. Ground cover area: 25,418 square feet Turf area: 2,306 square feet Hardscape: 2,788 square feet TV -9 The Church median from Terra Vista Parkway to Spruce Ave. Ground cover area: 7,829 square feet Hardscape: 6,605 square feet TV -10 The east side of Valencia from Baseline to the pre-school. The south side of Augusta from Valencia to Meadow Lark and the west side of Summerfield from Valencia to Evergreen. Ground cover area: 20,818 square feet Turf area: 18,634 square feet Hardscape: 8,666 square feet Schedule IV, Page 2 Page 376 SCHEDULE IV SITE DESCRIPTIONS LMD 4R PARKWAYS, PASEOS AND MEDIANS Site # Descriptive Locations TV -11 The paseo at Parkside and Clover from Parkside to the Deer Creek Channel. Ground cover area: 2,795 square feet Hardscape: 1,049 square feet TV -12 The east side of Haven from the pre-school to the Pacific Electric Trail. Ground cover area: 6,170 square feet Turf area: 2,091 square feet Hardscape: 1,060 square feet TV -13 The east side of Spruce from Elm to Mountain View. The north and south sides of Norfolk from Spruce to Cardiff. The south side of Mountain View from Spruce to 290 feet east of Belvedere and the paseo from Spruce to Countryview. Ground cover area: 8,459 square feet Turf area: 3,355 square feet Hardscape: 8,886 square feet TV -14 The south side of Mountain View Dr. from 290 feet east of Belvedere to 590 feet east of Fairhaven. The paseo south from Mountain View between Belvedere and Fairhaven to Countryview Dr. and from Countryview Dr. to West Greenway Corridor. Ground cover area: 19,030 square feet Turf area: 8,430 square feet Hardscape: 9,262 square feet TV -15 The north side of Mountain View from 634 feet west of Biarritz to Milliken. Ground cover area: 4,571 square feet Turf area: 4,738 square feet Hardscape: 5,104 square feet Schedule IV, Page 3 Page 377 SCHEDULE IV SITE DESCRIPTIONS LMD 4R PARKWAYS, PASEOS AND MEDIANS Site # Descriptive Locations TV -16 The west Greenway Corridor from the northeast corner of Elm and Spruce to West Greenway Park. Ground cover area: 15,529 square feet Turf area: 20,884 square feet Hardscape: 20,626 square feet TV -17 The west side of Milliken from 585 feet north of Mountain View to Mountain View. Ground cover area: 5,835 square feet Turf area: 3,564 square feet Hardscape: 2,340 square feet TV -18 The south side of Mountain View from approximately 250 feet west of Claridge to Terra Vista Parkway. The south side of Terra Vista Parkway from Mountain View to East Greenway Corridor. Terra Vista Parkway from Mountain View to East Greenway Corridor. Ground cover area: 18,316 square feet Turf area: 5,944 square feet Hardscape: 23,800 square feet TV -19 The Terra Vista Parkway median from Milliken to Mountain View. The north side of Terra Vista Parkway from 68 feet north of Addison to Mountain View. The west side of Mountain View from Grapevine to Terra Vista Parkway. Ground cover area: 20,306 square feet Turf area: 3,886 square feet Hardscape: 11,478 square feet TV -20 The Church median from Milliken to 675 feet east of Milliken. Ground cover area: 2,860 square feet Hardscape: 2,112 square feet Schedule IV, Page 4 Page 378 SCHEDULE IV SITE DESCRIPTIONS LMD 4R PARKWAYS, PASEOS AND MEDIANS Site # Descriptive Locations TV -21 The Church median from Milliken to Spruce. Ground cover area: 16,811 square feet Turf area: 335 square feet Hardscape: 14,880 square feet TV -22 The Milliken median from Mountain View to Foothill. Ground cover area: 16,436 square feet Hardscape: 16,267 square feet TV -23 The Milliken underpass from West Greenway Park to Milliken Park. Ground cover area: 19,271 square feet Turf area: 22,139 square feet Hardscape: 18,119 square feet TV -24 The east side of Haven from 145 feet south of Creekbridge to 600 feet north of Creekbridge. The north side of Creekbridge from Brookside to Haven and the paseo from Creekbridge and Brookside to the Deer Creek Channel. Ground cover area: 5,851 square feet Turf area: 9,965 square feet Hardscape: 4,351 square feet TV -25 The east side of Haven from 410 feet south of Creekbridge to 145 feet south of Creekbridge. Ground cover area: 3,319 square feet Turf area: 1,677 square feet Hardscape: 1,779 square feet TV -26 The paseo at Plymouth south of Essex from Plymouth to the Deer Creek Channel. Ground cover area: 1,956 square feet Hardscape: 2,385 square feet Schedule IV, Page 5 Page 379 SCHEDULE IV SITE DESCRIPTIONS LMD 4R PARKWAYS, PASEOS AND MEDIANS Site # Descriptive Locations TV -27 The paseo from Terra Vista Parkway to Windsong and from Windsong to Plymouth. Ground cover area: 2,270 square feet Turf area: 2,731 square feet Hardscape: 3,332 square feet TV -28 The paseo on the north side of 7552 Hardy. Ground cover area: 630 square feet Turf area: 733 square feet Hardscape: 432 square feet TV -29 The East Greenway Corridor from Milliken Park to Terra Vista Parkway. Ground cover area: 17,780 square feet Turf area: 52,403 square feet Hardscape: 29,888 square feet TV -30 The Milliken median from Mountain View to Baseline. Ground cover area: 11,890 square feet Hardscape: 10,260 square feet TV -31 The paseo from Elm to West Greenway Park. Ground cover area: 4,770 square feet Hardscape: 8,900 square feet TV -32 The Greenwich paseo from Greenwich to Muirfield. Ground cover area: 1,323 square feet Hardscape: 1,456 square feet Schedule IV, Page 6 Page 380 SCHEDULE IV SITE DESCRIPTIONS LMD 4R PARKWAYS, PASEOS AND MEDIANS Site # Descriptive Locations TV -33 The south side of Mountain View Dr. from 430 feet west of Countryview Dr. to Countryview Dr. Ground cover area: 3,434 square feet Turf area: 1,853 square feet Hardscape: 1,720 square feet TV -34 The south side of Terra Vista Parkway from 390 feet west of Belpine to Belpine. Ground cover area: 1,342 square feet Turf area: 1,887 square feet Hardscape: 1,612 square feet TV -35 The trail north east of Ruth Musser School from Terra Vista Parkway to Spruce. Ground cover area: 9,285 square feet Hardscape: 5,148 square feet TV -36 The east side of Countryview Dr. from Corsica to Mountain View Dr. The south side of Mountain View Dr. from Countryview Dr. to Milliken. The west side of Milliken from Mountain View Dr. to the West Greenway Corridor. Ground cover area: 9,141 square feet Turf area: 5,895 square feet Hardscape: 6,058 square feet TV -37 The north side of Meyers from Emery Place to Elm. Ground cover area: 5,860 square feet Turf area: 5,300 square feet Hardscape: 1,283 square feet TV -38 The Church median from Rochester to Terra Vista Parkway. The Terra Vista Parkway median from Church to 853 north of Church. Ground cover area: 8,510 square feet Hardscape: 5,640 square feet Schedule IV, Page 7 Page 381 SCHEDULE IV SITE DESCRIPTIONS LMD 4R PARKWAYS, PASEOS AND MEDIANS Site # Descriptive Locations TV -39 The north side of Mountain View from 250 feet east of Milliken to Milliken. The east side of Milliken from Mountain View to Terra Vista Parkway. Ground cover area: 16,751 square feet Hardscape: 15,716 square feet TV -40 The south side of Terra Vista Parkway from Milliken to Mountain View. Ground cover area: 11,630 square feet. Hardscape: 19,738 square feet TV -41 The paseo east of Milliken from Terra Vista Parkway south to Mountain View. Ground cover area: 4,081 square feet Hardscape: 9,640 square feet TV -42 The north side of Mountain View from Terra Vista Parkway to 250 feet east of Milliken. Ground cover area: 10,994 square feet Hardscape: 14,777 square feet TV -43 The Church median and parkway from Malaga to Terra Vista Parkway. Ground cover area: 7,506 square feet Hardscape: 3,955 square feet TV -44 The south side of Church from Terra Vista Parkway to Rochester. Ground cover area: 10,400 square feet Hardscape: 7,606 square feet TV -45 The west side of Rochester from Church to Malaga. Ground cover area: 20,693 square feet Hardscape: 12,450 square feet Schedule IV, Page 8 Page 382 SCHEDULE IV SITE DESCRIPTIONS LMD 4R PARKWAYS, PASEOS AND MEDIANS Site # Descriptive Locations TV -46 The north side of Malaga from Church to Rochester. Ground cover area: 19,843 square feet Hardscape: 18,000 square feet TV -47 The east side of Terra Vista Parkway from Church to Brandywine. The paseo from Brandwine to Bunker Hill Drive. The east side of Radcliff from Bunker to Malada. Ground cover area: 17,838 square feet. Hardscape: 9,023 square feet TV -48 The Church median from 750 feet east of Milliken to Malaga Ave. Ground cover area: 5,554 square feet Hardscape: 9,698 square feet Ground Cover Area: Turf Area: Hardscape Area: Mulchscape Area: Grand Total: 549,926 square feet 228,246 square feet 4449189 square feet 0 square feet 192229361 square feet Schedule IV, Page 9 Page 383 Page 384 C O N T R A C T FAITHFUL PERFORMANCE BOND KNOW ALL MEN BY THESE PRESENT: THAT as Principal, and as Surety, are held and firmly bound unto the City of Rancho Cucamonga, hereinafter called City, in the just and full amount of (Written) $ (Figures) payment whereof we hereby bind ourselves, our heirs, executors administrators, successors and assigns, jointly and severally, firmly by these presents. Given under our hands and sealed with our seal this day of , 20 The condition of the foregoing obligation is such that, WHEREAS, the above-named principal is about to enter into a contract with the City, whereby said principal agrees to construct "LANDSCAPE AND IRRIGATION MAINTENANCE FOR GENERAL FUND, LMD 3A AND LMD 3B PARKWAYS, PASEOS AND MEDIANS" in accordance with the AGREEMENT dated , which said contract is hereby referred to and made a part hereof to the same extent as if the same were herein specifically set forth; NOW, THEREFORE, if the said principal shall well and truly do and perform all things agreed by the principal in said contract to be done and performed, then this obligation is to be void; otherwise it will remain in full force and effect; PROVIDED, that for value received the undersigned stipulate and agree that no amendment, change, extension of time, alteration or addition to said contract, or agreement, or of any feature or item or items of performance required therein or thereunder shall in any manner affect the obligations of the undersigned under this bond; and the surety does hereby waive notice of such amendment, limitation of time for bringing action on this bond by the City, change, extension of time, alteration or addition to said contract or agreement and of any feature or time of performance required therein or thereunder. WITNESS our hands this day of By: Surety: Individual Other, explain Title. By: Partnership Corporation 20 SIGNATURES OF CONTRACTOR MUST BE ACKNOWLEDGED BEFORE A NOTARY PUBLIC. PLEASE ATTACH APPROPRIATE ACKNOWLEDGMENT FORMS (INDIVIDUAL, PARTNERSHIP, CORPORATION, ETC.). B-1 Page 385 Bond No. PAYMENT BOND (Labor and Materials) KNOW ALL PERSONS BY THESE PRESENTS that: WHEREAS the CITY OF RANCHO CUCAMONGA (name of City) ("City") has awarded to (Name and address of Contractor) ("Principal"), a contract (the "Contract") for the work described as follows: "LANDSCAPE AND IRRIGATION MAINTENANCE FOR GENERAL FUND, LMD 3A AND LMD 3B PARKWAYS, PASEOS AND MEDIANS" WHEREAS, Principal is required under the terms of the Contract and the California Civil Code to secure the payment of claims of laborers, mechanics, materialmen, and other persons as provided by law. NOW THEREFORE, we, the undersigned Principal, and (Name and address of Surety) ("Surety") a duly admitted surety insurer under the laws of the State of California, as Surety, are held and firmly bound unto City in the penal sum of ($ ), this amount being not less than one hundred percent (1000) of the total contract price, in lawful money of the United States of America, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors, and assigns, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH THAT, if the hereby bounded Principal, his, her or its heirs, executors, administrators, successors or assigns, or subcontractors shall fail to pay any of the persons named in Section 9100 of the California Civil Code, or any amounts due under the Unemployment Insurance Code with respect to work or labor performed under the Contract, or for any amounts required to be deducted, withheld, and paid over to the Employment Development Department from the wages of employees of the Principal and subcontractors pursuant to Section 13020 of the Unemployment Insurance Code, with respect to work or labor performed under the Contract, the Surety will pay for the same in an amount not exceeding the penal sum specified in this bond; otherwise, this obligation shall become null and void. B-2 Page 386 Payment Bond (continued) This bond shall insure to the benefit of any of the persons named in Section 9100 of the California Civil Code so as to give a right of action to such persons or their assigns in any suit brought upon the bond. In case the suit is brought upon this bond, Surety further agrees to pay all court costs and reasonable attorneys' fees in an amount fixed by the court. FURTHER, the Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration, addition or modification to the terms of the Contract, or of the work to be performed thereunder, or the specifications for the same, shall in any way affect its obligations under this bond, and it does hereby waive notice of any such change, extension of time, alteration, addition, or modification to the terms of the Contract or to the work or to the specifications thereunder. Surety hereby waives the provisions of California Civil Code Sections 2845 and 2849. IN WITNESS WHEREOF, two (2) identical counterparts of this instrument, each of which shall for all purposes be deemed an original hereof, have been duly executed by Principal and Surety, on the date set forth below, the name of each corporate party being hereto affixed and these presents duly signed by its undersigned representative(s) pursuant to authority of its governing body. Date: "Principal" By: Its By: Its "Surety" By: Its By: Its (Seal) (Seal) Note: This bond must be executed in duplicate and dated, all signatures must be notarized, and evidence of the authority of any person signing as attorney-in-fact must be attached. B-3 Page 387 AGREEMENT FOR PROFESSIONAL SERVICES THIS AGREEMENT is made and entered into this DD day of MMMM 2019, by and between the City of Rancho Cucamonga, a municipal corporation ("City") and VENDOR NAME, a VENDOR TYPE ("Contractor"). RECITALS A. City has heretofore issued its request for proposals to perform the following services: Landscape and Irrigation Maintenance for LMD 4R Parkways, Paseos and Medians (RFP 19/20 -XXX) ("the Project"). B. Contractor has submitted a proposal to perform the services described in Recital "A", above, necessary to complete the Project. C. City desires to engage Contractor to complete the Project in the manner set forth and more fully described herein. D. Contractor represents that it is fully qualified and licensed under the laws of the State of California to perform the services contemplated by this Agreement in a good and professional manner. AGREEMENT NOW, THEREFORE, in consideration of performance by the parties of the mutual promises, covenants, and conditions herein contained, the parties hereto agree as follows: 1. Contractor's Services. 1.1 Scope and Level of Services. Subject to the terms and conditions set forth in this Agreement, City hereby engages Contractor to perform all services described in Recitals "A" and `B" above, including, but not limited to landscape and irrigation maintenance in LMD 4R parkways, paseos and medians; all as more fully set forth in RFP 19 -20 -XXX, attached hereto as Exhibit A, Contractor's proposal, dated MMMM DD, 2019, attached hereto as Exhibit B, and Schedule of Lump Sum and Unit Costs attached hereto as Exhibit C, hereinafter entitled "Scope of Work", and incorporated by reference herein. The nature, scope, and level of the services required to be performed by Contractor are set forth in the Scope of Work and are referred to herein as "the Services." In the event of any inconsistencies between the Scope of Work and this Agreement, the terms and provisions of this Agreement shall control. 1.2 Revisions to Scope of Work. Upon request of the City the Contractor will promptly meet with City staff to discuss any revisions to the Project desired by the City. Vendor Initials PSA without professional liability insurance (contractor) Page 1 Last Revised: 05/22/14 Page 388 Contractor agrees that the Scope of Work may be amended based upon said meetings, and, by amendment to this Agreement, the parties may agree on a revision or revisions to Contractor's compensation based thereon. A revision pursuant to this Section that does not increase the total cost payable to Contractor by more than ten percent (10%) of the total compensation specified in Section 3, may be approved in writing by City's Manager without amendment. 1.3 Time for Performance. Contractor shall perform all services under this Agreement in a timely, regular basis consistent with industry standards for professional skill and care, and in accordance with any schedule of performance set forth in the Scope of Work, or as set forth in a "Schedule of Performance", if such Schedule is attached hereto as Exhibit "N/A". 1.4 Standard of Care. As a material inducement to City to enter into this Agreement, Contractor hereby represents that it has the experience necessary to undertake the services to be provided. In light of such status and experience, Contractor hereby covenants that it shall follow the customary professional standards in performing the Services. 1.5 Familiarity with Services. By executing this Agreement, Contractor represents that, to the extent required by the standard of practice, Contractor (a) has investigated and considered the scope of services to be performed, (b) has carefully considered how the services should be performed, and (c) understands the facilities, difficulties and restrictions attending performance of the services under this Agreement. Contractor represents that Contractor, to the extent required by the standard of practice, has investigated any areas of work, as applicable, and is reasonably acquainted with the conditions therein. Should Contractor discover any latent or unknown conditions, which will materially affect the performance of services, Contractor shall immediately inform City of such fact and shall not proceed except at Contractor's risk until written instructions are received from the City Representative. 2. Term of Agreement. The term of this Agreement shall be one (1) year and shall become effective as of the date of the mutual execution by way of both party's signature (the "Effective Date"). No work shall be conducted; service or goods will not be provided until this Agreement has been executed and requirements have been fulfilled. Parties to this Agreement shall have the option to renew in one (1) year increments to a total of six (6) additional years, unless sooner terminated as provided in Section 14 herein. Prior to entering into an agreement for an annual extension the Contractor may request a cost of living increase in an amount not to exceed the increase in the March index of the Consumer Price Index All Urban Consumers for the Riverside -San Bernardino -Ontario, California area published by the U.S. Department of Labor, Bureau of Labor Statistics. Options to renew are contingent upon the City Manager's approval, subject to pricing review, and in accordance to all Terms and Conditions stated herein unless otherwise provided in writing by the City. 3. Compensation. 3.1 Compensation. City shall compensate Contractor as set forth in Exhibit PSA without professional liability insurance (contractor) Last Revised: 05/22/14 Vendor Initials Page 2 Page 389 C, provided, however, that full, total and complete amount payable to Contractor shall not exceed $ ( Dollars) for services during the City's fiscal year ending June 30, 2020 and $ ( Dollars) from July 1, 2020 through June 30, 2021, including all out of pocket expenses, unless additional compensation is approved by the City Manager or City Council. City shall not withhold any federal, state or other taxes, or other deductions. However, City shall withhold not more than ten percent (10%) of any invoice amount pending receipt of any deliverables reflected in such invoice. Under no circumstance shall Contractor be entitled to compensation for services not yet satisfactorily performed. The parties further agree that compensation may be adjusted in accordance with Section 1.2 to reflect subsequent changes to the Scope of Services. City shall compensate Contractor for any authorized extra services as set forth in Exhibit C. 4. Method of Payment. 4.1 Invoices. Contractor shall submit to City monthly invoices for the Services performed pursuant to this Agreement. The invoices shall describe in detail the Services rendered during the period and shall separately describe any authorized extra services. Any invoice claiming compensation for extra services shall include appropriate documentation of prior authorization of such services. All invoices shall be remitted to the City of Rancho Cucamonga, California. 4.2 City shall review such invoices and notify Contractor in writing within ten (10) business days of any disputed amounts. 4.3 City shall pay all undisputed portions of the invoice within thirty (30) calendar days after receipt of the invoice up to the not -to -exceed amounts set forth in Section 3. 4.4 All records, invoices, time cards, cost control sheets and other records maintained by Contractor relating to services hereunder shall be available for review and audit by the City. 5. Representatives. 5.1 City Representative. For the purposes of this Agreement, the contract administrator and City representative shall be William Wittkopf, Public Works Services Director, or such other person as designated in writing by the City ("City Representative"). It shall be Contractor's responsibility to assure that the City Representative is kept informed of the progress of the performance of the services, and Contractor shall refer any decisions that must be made by City to the City Representative. Unless otherwise specified herein, any approval of City required hereunder shall mean the approval of the City Representative. Vendor Initials PSA without professional liability insurance (contractor) Page 3 Last Revised: 05/22/14 Page 390 5.2 Contractor Representative. For the purposes of this Agreement, VENDOR REPRESENTATIVE, is hereby designated as the principal and representative of Contractor authorized to act in its behalf with respect to the services specified herein and make all decisions in connection therewith ("Contractor's Representative"). It is expressly understood that the experience, knowledge, capability and reputation of the Contractor's Representative were a substantial inducement for City to enter into this Agreement. Therefore, the Contractor's Representative shall be responsible during the term of this Agreement for directing all activities of Contractor and devoting sufficient time to personally supervise the services hereunder. Contractor may not change the Responsible Principal without the prior written approval of City. 6. Contractor's Personnel. 6.1 All Services shall be performed by Contractor or under Contractor's direct supervision, and all personnel shall possess the qualifications, permits, and licenses required by State and local law to perform such Services, including, without limitation, a City business license as required by the City's Municipal Code. 6.2 Contractor shall be solely responsible for the satisfactory work performance of all personnel engaged in performing the Services and compliance with the standard of care set forth in Section 1.4. 6.3 Contractor shall be responsible for payment of all employees' and subcontractors' wages and benefits, and shall comply with all requirements pertaining to employer's liability, workers' compensation, unemployment insurance, and Social Security. By its execution of this Agreement, Contractor certifies that it is aware of the provisions of Section 3700 of the California Labor Code that require every employer to be insured against liability for Worker's Compensation or to undertake self-insurance in accordance with the provisions of that Code, and agrees to comply with such provisions before commencing the performance of the Services. 6.4 Contractor shall indemnify, defend and hold harmless City and its elected officials, officers and employees, servants, designated volunteers, and agents serving as independent contractors in the role of City officials, from any and all liability, damages, claims, costs and expenses of any nature to the extent arising from Contractor's violations of personnel practices and/or any violation of the California Labor Code. City shall have the right to offset against the amount of any fees due to Contractor under this Agreement any amount due to City from Contractor as a result of Contractor's failure to promptly pay to City any reimbursement or indemnification arising under this Section 6. 7. Ownership of Work Product. 7.1 Ownership. All documents, ideas, concepts, electronic files, drawings, photographs and any and all other writings, including drafts thereof, prepared, created or provided by Contractor in the course of performing the Services, including any and all Vendor Initials PSA without professional liability insurance (contractor) Page 4 Last Revised: 05/22/14 Page 391 intellectual and proprietary rights arising from the creation of the same (collectively, "Work Product"), are considered to be "works made for hire" for the benefit of the City. Upon payment being made, and provided Contractor is not in breach of this Agreement, all Work Product shall be and remain the property of City without restriction or limitation upon its use or dissemination by City. Basic survey notes, sketches, charts, computations and similar data prepared or obtained by Contractor under this Agreement shall, upon request, be made available to City. None of the Work Product shall be the subject of any common law or statutory copyright or copyright application by Contractor. In the event of the return of any of the Work Product to Contractor or its representative, Contractor shall be responsible for its safe return to City. Under no circumstances shall Contractor fail to deliver any draft or final designs, plans, drawings, reports or specifications to City upon written demand by City for their delivery, notwithstanding any disputes between Contractor and City concerning payment, performance of the contract, or otherwise. This covenant shall survive the termination of this Agreement. City's reuse of the Work Product for any purpose other than the Project, shall be at City's sole risk. 7.2. Assignment of Intellectual Property Interests: Upon execution of this Agreement and to the extent not otherwise conveyed to City by Section 7.1, above, the Contractor shall be deemed to grant and assign to City , and shall require all of its subcontractors to assign to City , all ownership rights, and all common law and statutory copyrights, trademarks, and other intellectual and proprietary property rights relating to the Work Product and the Project itself, and Contractor shall disclaim and retain no rights whatsoever as to any of the Work Product, to the maximum extent permitted by law. City shall be entitled to utilize the Work Product for any and all purposes, including but not limited to constructing, using, maintaining, altering, adding to, restoring, rebuilding and publicizing the Project or any aspect of the Project. 7.3 Title to Intellectual PropertX. Contractor warrants and represents that it has secured all necessary licenses, consents or approvals to use any instrumentality, thing or component as to which any intellectual property right exists, including computer software, used in the rendering of the Services and the production of the Work Product and/or materials produced under this Agreement, and that City has full legal title to and the right to reproduce any of the Work Product. Contractor shall defend, indemnify and hold City, and its elected officials, officers, employees, servants, attorneys, designated volunteers, and agents serving as independent contractors in the role of City officials, harmless from any loss, claim or liability in any way related to a claim that City's use is violating federal, state or local laws, or any contractual provisions, relating to trade names, licenses, franchises, patents or other means of protecting intellectual property rights and/or interests in products or inventions. Contractor shall bear all costs arising from the use of patented, copyrighted, trade secret or trademarked documents, materials, software, equipment, devices or processes used or incorporated in the Services and materials produced under this Agreement. In the event City's use of any of the Work Product is held to constitute an infringement and any use thereof is enjoined, Contractor, at its expense, shall: (a) secure for City the right to continue using the Work Product by suspension of any injunction or by procuring a license or licenses for City; or (b) modify the Work Product so that it becomes non- infringing. This covenant shall survive the termination of this Agreement. Vendor Initials PSA without professional liability insurance (contractor) Page 5 Last Revised: 05/22/14 Page 392 8. Status as Independent Contractor. Contractor is, and shall at all times remain as to City, a wholly independent contractor. Contractor shall have no power to incur any debt, obligation, or liability on behalf of City or otherwise act as an agent of City. Neither City nor any of its agents shall have control over the conduct of Contractor or any of Contractor's employees, except as set forth in this Agreement. Contractor shall not, at any time, or in any manner, represent that it or any of its officers, agents or employees are in any manner employees of City. Contractor shall pay all required taxes on amounts paid to Contractor under this Agreement, and to defend, 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. Contractor shall fully comply with the workers' compensation law regarding Contractor and Contractor's employees 9. Confidentiality. Contractor may have access to financial, accounting, statistical, and personnel data of individuals and City employees. Contractor covenants that all data, documents, discussion, or other information developed or received by Contractor or provided for performance of this Agreement are confidential and shall not be disclosed by Contractor without prior written authorization by City. City shall grant such authorization if applicable law requires disclosure. All City data shall be returned to City upon the termination of this Agreement. Contractor's covenant under this Section shall survive the termination of this Agreement. This provision shall not apply to information in whatever form that is in the public domain, nor shall it restrict the Contractor from giving notices required by law or complying with an order to provide information or data when such an order is issued by a court, administrative agency or other legitimate authority, or if disclosure is otherwise permitted by law and reasonably necessary for the Contractor to defend itself from any legal action or claim. 10. Conflict of Interest. 10.1 Contractor covenants that it presently has no interest and shall not acquire any interest, direct or indirect, which may be affected by the Services, or which would conflict in any manner with the performance of the Services. Contractor further covenants that, in performance of this Agreement, no person having any such interest shall be employed by it. Furthermore, Contractor shall avoid the appearance of having any interest, which would conflict in any manner with the performance of the Services. Contractor shall not accept any employment or representation during the term of this Agreement which is or may likely make Contractor "financially interested" (as provided in California Government Code §§1090 and 87100) in any decision made by City on any matter in connection with which Contractor has been retained. 10.2 Contractor further represents that it has not employed or retained any person or entity, other than a bona fide employee working exclusively for Contractor, to solicit or obtain this Agreement. Contractor has not paid or agreed to pay any person or entity, other than a bona fide employee working exclusively for Contractor, any fee, commission, gift, percentage, or any other consideration contingent upon the execution of this Agreement. Upon any breach or violation of this warranty, City shall have the right, at its sole and absolute Vendor Initials PSA without professional liability insurance (contractor) Page 6 Last Revised: 05/22/14 Page 393 discretion, to terminate this Agreement without further liability, or to deduct from any sums payable to Contractor hereunder the full amount or value of any such fee, commission, percentage or gift. 10.3 Contractor has no knowledge that any officer or employee of City has any interest, whether contractual, noncontractual, financial, proprietary, or otherwise, in this transaction or in the business of Contractor, and that if any such interest comes to the knowledge of Contractor at any time during the term of this Agreement, Contractor shall immediately make a complete, written disclosure of such interest to City, even if such interest would not be deemed a prohibited "conflict of interest" under applicable laws as described in subsection 10.1. 11. Indemnification. 11.1 To the maximum extent permitted by law, the Contractor shall defend, indemnify and hold the City, and its elected officials, officers, employees, servants, volunteers, and agents serving as independent contractors in the role of City officials, (collectively, "Indemnitees"),free and harmless with respect to any and all damages, liabilities, losses, reasonable defense costs or expenses (collectively, "Claims"), including but not limited to Claims relating to death or injury to any person and injury to any property, which arise out of, pertain to, or relate to the acts, omissions, activities or operations of Contractor or any of its officers, employees, subcontractors, Contractors, or agents in the performance of this Agreement. Contractor shall defend Indemnitees in any action or actions filed in connection with any such Claims with counsel of City's choice, and shall pay all costs and expenses, including actual attorney's fees and experts' costs incurred in connection with such defense. The indemnification obligation herein shall not in any way be limited by the insurance obligations contained in this Agreement provided, however, that the Contractor shall have no obligation to indemnify for Claims arising out of the sole negligence or willful misconduct of any of the Indemnitees. 11.2 Nonwaiver of Rights. Indemnitees do not, and shall not, waive any rights that they may possess against Contractor because of the acceptance by City, or the deposit with City, of any insurance policy or certificate required pursuant to this Agreement. 11.3 Waiver of Right of Subro ag tion. Except as otherwise expressly provided in this Agreement, Contractor, on behalf of itself and all parties claiming under or through it, hereby waives all rights of subrogation against the Indemnitees, while acting within the scope of their duties, from all claims, losses and liabilities arising out of or incident to activities or operations performed by or on behalf of the Contractor. 11.4 Survival. The provisions of this Section 11 shall survive the termination of the Agreement and are in addition to any other rights or remedies which Indemnitees may have under the law. Payment is not required as a condition precedent to an Indemnitee's right to recover under this indemnity provision, and an entry of judgment against Contractor shall be conclusive in favor of the Indemnitee's right to recover under this indemnity provision. Vendor Initials PSA without professional liability insurance (contractor) Page 7 Last Revised: 05/22/14 Page 394 12. Insurance. 12.1 Liability Insurance. Contractor shall procure and maintain in full force and effect for the duration of this Agreement, insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the services hereunder by Contractor, and/or its agents, representatives, employees or subcontractors. 12.2 Minimum Scope of Insurance. Unless otherwise approved by City, coverage shall be at least as broad as: (1) Insurance Services Office Commercial General Liability coverage (occurrence form CG 0001). (2) Insurance Services Office form number CA 0001 (Ed. 1/87) covering Automobile Liability, code 1 (any auto). (3) Worker's Compensation insurance as required by the State of California, and Employer's Liability Insurance. 12.3 Minimum Limits of Insurance. Contractor shall maintain limits no less than: (1) Commercial General Liability: $2,000,000 per occurrence for bodily injury, personal injury and property damage. Commercial General Liability Insurance or other form with a general aggregate limit shall apply separately to this Agreement or the general limit shall be twice the required occurrence limit. (2) Automobile Liability: $2,000,000 per accident for bodily injury and property damage. (3) Employer's Liability: $1,000,000 per accident and in the aggregate for bodily injury or disease and Workers' Compensation Insurance in the amount required by law. (4) The Insurance obligations under this Agreement shall be the greater of (i) the Insurance coverages and limits carried by the Contractor; or (ii) the minimum Insurance coverages and limits shown in this Agreement. Any insurance proceeds in excess of the specified limits and coverage required which are applicable to a given loss, shall be available to the City. No representation is made that the minimum Insurance requirements of this Agreement are sufficient to cover the obligations of the PSA without professional liability insurance (contractor) Last Revised: 05/22/14 Vendor Initials Page 8 Page 395 Contractor under this agreement. 12.4 Deductibles and Self -Insured Retentions. Any deductibles or self- insured retentions must be declared to and approved by the City and shall not reduce the limits of coverage. City reserves the right to obtain a full certified copy of any required insurance policy and endorsements. 12.5 Other Insurance Provisions. (1) The commercial general liability and automobile liability policies are to contain the following provisions on a separate additionally insured endorsement naming the City, its officers, officials, employees, designated volunteers and agents serving as independent contractors in the role of City officials, as additional insureds as respects: liability arising out of activities performed by or on behalf of Contractor; products and completed operations of Contractor; premises owned, occupied or used by Contractor; and/or automobiles owned, leased, hired or borrowed by Contractor. The coverage shall contain no limitations on the scope of protection afforded to City, its officers, officials, employees, designated volunteers or agents serving as independent contractors in the role of City officials which are not also limitations applicable to the named insured. (2) For any claims related to this Agreement, Contractor's insurance coverage shall be primary insurance as respects City, its officers, officials, employees, designated volunteers and agents serving as independent contractors in the role of City officials. Any insurance or self-insurance maintained by City, its officers, officials, employees, designated volunteers or agents serving as independent contractors in the role of City officials shall be in excess of Contractor's insurance and shall not contribute with it. (3) Contractor's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. (4) Contractor shall provide immediate written notice if (1) any of the required insurance policies is terminated; (2) the limits of any of the required polices are reduced; (3) or the deductible or self- insured retention is increased. In the event of any cancellation or reduction in coverage or limits of any insurance, Contractor shall forthwith obtain and submit proof of substitute insurance. Should Contractor fail to immediately procure other insurance, as specified, to substitute for any canceled policy, the City may PSA without professional liability insurance (contractor) Last Revised: 05/22/14 Vendor Initials Page 9 Page 396 procure such insurance at Contractor's sole cost and expense. (5) Each insurance policy required by this clause shall expressly waive the insurer's right of subrogation against City, its elected officials, officers, employees, servants, attorneys, designated volunteers, and agents serving as independent contractors in the role of City officials. (6) Each policy shall be issued by an insurance company approved in writing by City, which is admitted and licensed to do business in the State of California and which is rated ANII or better according to the most recent A.M. Best Co. Rating Guide. (7) Each policy shall specify that any failure to comply with reporting or other provisions of the required policy, including breaches of warranty, shall not affect the coverage required to be provided. (8) Each policy shall specify that any and all costs of adjusting and/or defending any claim against any insured, including court costs and attorneys' fees, shall be paid in addition to and shall not deplete any policy limits. (9) Contractor shall provide any and all other insurance, endorsements, or exclusions as required by the City in any request for proposals applicable to this Agreement. 12.6 Evidence of coverage. Prior to commencing performance under this Agreement, the Contractor shall furnish the City with certificates and original endorsements, or copies of each required policy, effecting and evidencing the insurance coverage required by this Agreement including (1) Additional Insured Endorsement(s), (2) Worker's Compensation waiver of subrogation endorsement, and (3) General liability declarations or endorsement page listing all policy endorsements. The endorsements shall be signed by a person authorized by the insurer(s) to bind coverage on its behalf. All endorsements or policies shall be received and approved by the City before Contractor commences performance. If performance of this Agreement shall extend beyond one year, Contractor shall provide City with the required policies or endorsements evidencing renewal of the required policies of insurance prior to the expiration of any required policies of insurance. 12.7 Contractor agrees to include in all contracts with all subcontractors performing work pursuant to this Agreement, the same requirements and provisions of this Agreement including the indemnity and insurance requirements to the extent they apply to the scope of any such subcontractor's work. Contractor shall require its subcontractors to be bound to Contractor and City in the same manner and to the same extent as Contractor is bound to City pursuant to this Agreement, and to require each of its subcontractors to include these same provisions in its contract with any sub -subcontractor. Vendor Initials PSA without professional liability insurance (contractor) Page 10 Last Revised: 05/22/14 Page 397 13. Cooperation. In the event any claim or action is brought against City relating to Contractor's performance or services rendered under this Agreement, Contractor shall render any reasonable assistance and cooperation that City might require. City shall compensate Contractor for any litigation support services in an amount to be agreed upon by the parties. 14. Termination. City shall have the right to terminate this Agreement at any time for any or no reason on not less than ten (10) days prior written notice to Contractor. In the event City exercises its right to terminate this Agreement, City shall pay Contractor for any services satisfactorily rendered prior to the effective date of the termination, provided Contractor is not then in breach of this Agreement. Contractor shall have no other claim against City by reason of such termination, including any claim for compensation. City may terminate for cause following a default remaining uncured more than five (5) business days after service of a notice to cure on the breaching party. Contractor may terminate this Agreement for cause upon giving the City D ten (10) business days prior written notice for any of the following: (1) uncured breach by the City of any material term of this Agreement, including but not limited to Payment Terms; (2) material changes in the conditions under which this Agreement was entered into, coupled with the failure of the parties to reach accord on the fees and charges for any Additional Services required because of such changes. 15. Notices. Any notices, bills, invoices, or reports authorized or required by this Agreement shall be in writing and shall be deemed received on (a) the day of delivery if delivered by hand or overnight courier service during Contractor's and City's regular business hours; or (b) on the third business day following deposit in the United States mail, postage prepaid, to the addresses set forth in this Section, or to such other addresses as the parties may, from time to time, designate in writing pursuant to the provisions of this Section. All notices shall be addressed as follows: If to City: William Wittkopf City of Rancho Cucamonga Public Works Services Department 8794 Lion Street Rancho Cucamonga, CA 91730 If to Contractor: NAME, TITLE VENDOR NAME STREET ADDRESS CITY, STATE, ZIP CODE 16. Non -Discrimination and Equal Employment Opportunity. In the performance of this Agreement, Contractor shall not discriminate against any employee, subcontractor, or applicant for employment because of race, color, creed, religion, sex, marital status, national origin, ancestry, age, physical or mental handicap, medical condition, or sexual Vendor Initials PSA without professional liability insurance (contractor) Page 11 Last Revised: 05/22/14 Page 398 orientation. Contractor will take affirmative action to ensure that subcontractors and applicants are employed, and that employees are treated during employment, without regard to their race, color, creed, religion, sex, marital status, national origin, ancestry, age, physical or mental handicap, medical condition, or sexual orientation. 17. Assignment and Subcontracting. Contractor shall not assign or transfer any interest in this Agreement or subcontract the performance of any of Contractor's obligations hereunder without City's prior written consent. Except as provided herein, any attempt by Contractor to so assign, transfer, or subcontract any rights, duties, or obligations arising hereunder shall be null, void and of no effect. 18. Compliance with Laws. Contractor shall comply with all applicable federal, state and local laws, ordinances, codes and regulations in force at the time Contractor performs the Services. Contractor is aware of the requirements of California Labor Code Section 1720, et seq., and 1770, et seq., as well as California Code of Regulations, Title 8, Section 16000, et seq., ("Prevailing Wage Laws"), which require the payment of prevailing wage rates and compliance with other requirements on "public works" and "maintenance" projects. If the Services are being performed as part of an applicable "public works" or "maintenance" project, as defined by the Prevailing Wage Laws, and if the total compensation is $1,000 or more, Contractor agrees to fully comply with such Prevailing Wage Laws. The applicable prevailing wage rate determinations can be found at http://www.dir.ca.gov/dlsr/DPreWageDetermination.htm Contractor shall make copies of the prevailing rates of per diem wages for each craft, classification or type of worker needed to execute the Services, available to interested parties upon request, and shall post copies at the Contractor's principal place of business and at the Project site. Contractor shall defend, indemnify and hold the City, its elected officials, officers, employees and agents free and harmless from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws. 19. Non -Waiver of Terms, Rights and Remedies. Waiver by either party of any one or more of the conditions of performance under this Agreement shall not be a waiver of any other condition of performance under this Agreement. In no event shall the making by City of any payment to Contractor constitute or be construed as a waiver by City of any breach of covenant, or any default which may then exist on the part of Contractor, and the making of any such payment by City shall in no way impair or prejudice any right or remedy available to City with regard to such breach or default. 20. Attorney's Fees. In the event that either party to this Agreement shall commence any legal 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 of experts. 21. Exhibits; Precedence. All documents referenced as exhibits in this Agreement are hereby incorporated in this Agreement. In the event of any material discrepancy between the express provisions of this Agreement and the provisions of any document incorporated herein Vendor Initials PSA without professional liability insurance (contractor) Page 12 Last Revised: 05/22/14 Page 399 by reference, the provisions of this Agreement shall prevail. 22. Applicable Law and Venue. The validity, interpretation, and performance of this Agreement shall be controlled by and construed under the laws of the State of California. Venue for any action relating to this Agreement shall be in the San Bernardino County Superior Court. 23. Construction. In the event of any asserted ambiguity in, or dispute regarding the interpretation of any matter herein, the interpretation of this Agreement shall not be resolved by any rules of interpretation providing for interpretation against the party who causes the uncertainty to exist or against the party who drafted the Agreement or who drafted that portion of the Agreement. 24. Entire Agreement. This Agreement consists of this document, and any other documents, attachments and/or exhibits referenced herein and attached hereto, each of which is incorporated herein by such reference, and the same represents the entire and integrated agreement between Contractor and City. This Agreement supersedes all prior oral or written negotiations, representations or agreements. This Agreement may not be amended, nor any provision or breach hereof waived, except in a writing signed by the parties which expressly refers to this Agreement. IN WITNESS WHEREOF, the parties, through their respective authorized representatives, have executed this Agreement as of the date first written above. Contractor Name: VENDOR NAME By: Name Title By: Name Date Date Title (two signatures required if corporation) City of Rancho Cucamonga By: Name Title Date Vendor Initials PSA without professional liability insurance (contractor) Page 13 Last Revised: 05/22/14 Page 400 EXHIBIT A SCOPE OF SERVICES PSA without professional liability insurance (contractor) Last Revised: 05/22/14 Vendor Initials Page 14 Page 401 EXHIBIT B SCHEDULE FOR PERFORMANCE PSA without professional liability insurance (contractor) Last Revised: 05/22/14 Vendor Initials Page 15 Page 402 Attachment A — Sample Waiver of Subrogation (Sample Only — Not all forms will look identical to this Sample) TRAVELERS) POLICY NUMBER WORKERS COMPENSATION AND EMPLOYERS LIABILITY POLICY ENDORSEMENT WC 00 63 13 (00) - 01 WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or arganizat Ion named in the Schedule. (This agreement applies Only to the extent that you perform work under a written contract that requires you to obtain this agreement from us-) Thi agr Vment hall no operate directly or directly to benefit any one not named in the Schedule. Tie Carty - Rancho Cucamonga, its o�f�i j%Lgfficials, employees, designated volunteers and agents serving as independent contractors in the role of City or �O ,C Z D PER$ DESIGNATED ORGANIZATION: PSA without professional liability insurance (contractor) Last Revised: 05/22/14 Vendor Initials Page 16 Page 403 Attachment B — Sample Additional Insured for On-going Projects PSA without professional liability insurance (contractor) Last Revised: 05/22/14 Vendor Initials Page 17 Page 404 POLICY NUMBER: COMMERCIAL GENERAL LIABILITY CG 20 10 07 04 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED -- OWNERS, LESSEES OR CONTRACTORS — SCHEDULED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or ❑ anization ($I* Locations Of Covered Operations The City of Rancho Cucamonga, its officers, officials, employees, designated volunteers and agents serving as independent contractors in the role of City or officials. Information required to complete this Schedule, if not shown above, will be shown in the Declarations. A. Section II — Who Is An Insured is amended to include as an additional insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused, in whole or in part, by: 1. Your acts or omissions; or Z. The acts or omissions of those acting on your behalf; in the performance of your ongoing operations For the additional lnsured[s] at the location(s) desig- nated above. CG 20 10 07 04 B. With respect to the insurance afforded to these additional insureds, the following additional exclu- sions apply: This insurance does not apply to "bodily injury" or "property damage" occurring after; 1. All work, including materials, parts or equip- ment furnished in connection with such work, on the project (other than service, maintenance or repairs) to be performed by or on behalf of the additional insured(s) at the location of the covered operations has been completed; or 2. That portion of "your work" out of which the injury or damage arises has been put to its in- tended use by any person or organization other than another contractor or subcontractor en- gaged in performing operations for a principal as a part of the same project. Q [SO Properties, Inc., 2004 PSA without professional liability insurance (contractor) Last Revised: 05/22/14 Page 1 of 1 13 Vendor Initials Page 18 Page 405 Exhibit B — Contractor's proposal, dated September 19, 2019 and BAFO RANCHO CUCAMONGA CITY OF RANCHO CUCAMONGA PROCUREMENT DIVISION REQUEST FOR PROPOSAL #19/20-013 & IRRIGATION MAINTENANCE TEL 800 • 794 • 9458 • FAX 626 • 960 • 8477 • www.mariposa-ca.com 6232 Santos Diaz Street, Irwindale, CA 91702 • CA CONTRACTOR'S LIC # 592268 A, C-27, D-49 Our Core Values — Safety • Teamwork • Quality • Integrity Page 406 M A R. I P 0 S L A N D S C A P E S I N C Cover Letter City of Rancho Cucamonga Purchasing Division 10500 Civic Center Drive Rancho Cucamonga, Ca 91730 RE: RFP #19/20-013 for LIVID 4R PARKWAY PASEO & MEDIAN ISLAND LANDSCAPE & IRRIGATION MAINTENANCE Thank you for the opportunity to submit a proposal for the City of Rancho Cucamonga. Mariposa Landscapes, Inc. looks forward to the competitive process and hopes to be the successful bidder. We have thoroughly reviewed all the site conditions. Our price reflects all the necessary labor, equipment, and material to perform this work. All work will be performed in strict accordance with the specifications of the RFP. We look forward to continue servicing the City of Rancho Cucamonga and its residents with the best interest in the well being of the community and its appearance. Company Name and Address Mariposa Landscapes, Inc. 6232 Santos Diaz Street, Irwindale, CA 91702 Contact Information Dave Widjaja, Estimator Phone: (626) 960-0196 Ext. 2726 • Fax: (626) 960-8477 Email: dave.widjaja@mariposa-ca.com Respectfully submitted, Terry Noriega, Pre§ident TEL 800 • 794 • 9458 • FAx 626 • 960 • 8477 • www.mariposa-ca.com 4�106232 Santos Diaz Street, Irwindale, CA 91702 • CA CONTRACTOR'S LIC # 592268 A, C-27, D-49 Our Core Values — Safety • Teamwork • Quality • Integrity Page 407 Table of Contents <�'q 3.1 COVER LETTER 3.3 EXECUTIVE SUMMARY 3.4 EXPERIENCE 3.5 THIRD-PARTY/SUB-CONTRACTORS 3.6 STAFF BIOGRAPHIES 3.7 PROPOSAL RESPONSE 1 2 3 4 5 6 3.8 EXHIBITS "A" THROUGH "H" (Provided directly in the Planet Bids system) 7 3.9 EXHIBIT "A" Non -Disclosure Conflict of Interest 3.10 EXHIBIT "B' Professional Services Agreement 3.11 EXHIBIT "C" Acknowledgement of Insurance 3.12 EXHIBIT "D" Addendum Acknowledgement 3.13 EXHIBIT "E" Debarment and Suspension 3.14 EXHIBIT "F" Participation Clause 3.15 EXHIBIT "G" Signature of Authority 3.16 EHIBIT "H" Company References 3.17 LINE ITEM PRICING (Provided directly in the Planet Bids system) TEL 800 • 794 • 9458 • FAX 626 • 960 • 8477 • www.mariposa-ca.com 6232 Santos Diaz Street, Irwindale, CA 91702 • CA CONTRACTOR'S LIC # 592268 A, C-27, D-49 Our Core Values — Safety • Teamwork • Quality • Integrity Page 408 3.3 Executive Summary Mariposa Landscapes, Inc. offers the City of Rancho Cucamonga unique qualifications and experience to fulfill all requirements of RFP #19/20-011 In addition to many other municipalities in Southern California, we are currently under contract for several maintenance projects in Rancho Cucamonga. Mariposa has over 40 years of experience in municipal work with highly trained field staff, extensive management experience, and high level customer service will be delivered to the City of Rancho Cucamonga if Mariposa is selected. Our estimating and field management staff has visited all sites outlined in this RFP. Manpower, equipment and materials required are anticipated and included in our response. Although not specifically requested by the City in Section 3 — "RFP response format and submission requirements", we have provided a work plan and schedule under 3.7 Proposal Response. We look forward to providing these RFP maintenance services to the City of Rancho Cucamonga. TEL 800 • 794 • 9458 • FAX 626 • 960 • 8477 • www.mariposa-ca.com 6232 Santos Diaz Street, Irwindale, CA 91702 • CA CONTRACTOR'S LIC # 592268 A, C-27, D-49 Our Core Values — Safety • Teamwork • Quality • Integrity Page 409 3.4 Experience Number of years in business For over four decades, we have successfully contracted with over 150 municipalities and public agencies. Mariposa Landscapes was started by Terry Noriega in 1977 with only two men. Since those humble beginnings, our company has expanded steadily to a dedicated team of over 600, serving most of Southern California and Arizona. Certified Arborists, Certified Landscape Technicians, Certified Landscape Professionals and Licensed Applicators are found throughout our professional employee organization. Service commitment to customers Here at Mariposa Landscapes, Inc. we take pride in our work and thrive on keeping our company as one of the most recommended in the industry. Building long-lasting relationships with our clients is important to us. We understand and respect our customers' goals, and do everything in our power to assure the well-being of their properties. We live customer service; emphasizing immediate response and regular reporting to your City representatives. This proven approach provides the highest level of confidence in our ability to meet all of Rancho Cucamonga requirements for this RFP. • Over 40 years in business — proven track record with municipalities • Core values of Safety, Teamwork, Quality and Integrity bring the City a uniquely qualified Landscape Maintenance contractor— dedicated to high level of Customer Service • There is no pending litigation that may affect our ability to provide the services or otherwise fulfill our obligations under this RFP. • Mariposa Landscapes, Inc. has been in business since 1977 under the same ownership and is licensed in two states. Originally incorporated under a different corporate structure, the business was re -incorporated in 1989 as Mariposa Horticultural Enterprises, Inc. Now the company operates under S. Corporation status, as Mariposa Landscapes, Inc. in both California and Arizona. TEL 800 • 794 • 9458 • FAX 626 • 960 • 8477 • www.mariposa-ca.com 6232 Santos Diaz Street, Irwindale, CA 91702 • CA CONTRACTOR'S LIC # 592268 A, C-27, D-49 Our Core Values — Safety • Teamwork • Quality • Integrity Page 410 3.5 Third-Party/Sub-Contractors Sub- Contractors will not be used in this contract TEL 800 • 794 • 9458 • FAX 626 • 960 • 8477 • www.mariposa-ca.com 6232 Santos Diaz Street, Irwindale, CA 91702 • CA CONTRACTOR'S LIC # 592268 A, C-27, D-49 Our Core Values — Safety • Teamwork • Quality • Integrity Page 411 3.6 Staff Biographies Terry Noriega President P. (626) 960-0196 F. (626) 960-8477 E. Terry mariposa-ca.com Mariposa Landscapes was started by Terry Noriega in 1977 with only two men, and has steadily expanded to a dedicated team of over 600, serving most of Southern California and Arizona. o Over 40 years of experience in landscape installation and maintenance o B.S. in Ornamental Horticulture: California State Polytechnic University, Pomona o California Contractors License: ■ C-27 —Landscaping • A—Engineering ■ C61/D49 —Tree Trimming o Pest Control Advisor: • Insects, Mites and Other Invertebrates • Plant Pathogens • Nematodes • Vertebrate Pests • Weed Control ■ Plant Growth Regulators o Qualified Applicator License: Categories A, B, C, D, E, F, H o Certified Landscape Technician: ■ Ornamental Maintenance ■ Turf Maintenance ■ Certified Arborist: International Society of Arboriculture: #WE -1182A ■ Certified Consulting Arborist (candidate): American Society of Consulting Arborists o Certified Playground Safety Inspector o Arizona Contractors License: ROC178088 K-21 o Arizona, Qualifying Party License: #8263 o Arizona Pest Control Business License: #8246 TEL 800 • 794 • 9458 • FAX 626 • 960 • 8477 • www.mariposa-ca.com 6232 Santos Diaz Street, Irwindale, CA 91702 • CA CONTRACTOR'S LIC # 592268 A, C-27, D-49 Our Core Values — Safety • Teamwork • Quality • Integrity Page 412 Primary Contact Antonio Karraa Area Manager C. (626) 931.6712 F. (909) 429.2749 E. Antonio.karraa@mariposa-ca.com Antonio Karraa will be the person in -charge responsible for Area Management, communication with account manager and with the City of Rancho Cucamonga. He has over 35 years of work experience conducting and overseeing landscape maintenance work. He is currently working as an Area Manager for Mariposa Landscapes. Antonio has been working with Mariposa for over two years and is responsible for all aspects of the Fontana yard operations' emphasizing safety, sound hiring practices, high quality work, operation efficiency and exemplary customer service. He has over 35 years of work experience conducting and overseeing landscape maintenance work Antonio also conducts walk-throughs to ensure that punch lists are completed and institutes improvements to enhance the quality of work. Prior to joining Mariposa Landscapes, Antonio spent 15 years working as the Parks Services Superintendent for the City Anaheim. During his employment with Anaheim, Antonio was responsible for the hiring, training, development and performance evaluation of nine direct reports. He also developed and interpreted contract specifications, codes, policies, and procedures controlling park maintenance contracts between the City of Anaheim and contractors. Education: • Leading managing people —Columbia university • Maintenance Management School — Pacific Southwest School • Certificate — California specialized Training Institute (CSTI) — San Luis Obispo • Effectively Administering Disciplinary Process • Violence in the work place and playground equipment safety TEL 800 • 794 • 9458 • FAX 626 • 960 • 8477 • www.mariposa-ca.com 6232 Santos Diaz Street, Irwindale, CA 91702 • CA CONTRACTOR'S LIC # 592268 A, C-27, D-49 Our Core Values — Safety • Teamwork • Quality • Integrity Page 413 Luis Melecio Account Manager C. (626) 705.1202 F. (909) 429.2749 E. luism@mariposa-ca.com Luis Melecio will be the person in -charge responsible for project management, communication with foreman, field supervisor and primary contact with the City of Rancho Cucamonga Luis Melecio has been working for Mariposa Landscapes, Inc. for over 10 years He has over 28 years of work experience conducting and overseeing Public Works, Commercial and Residential landscape maintenance work. With a vast experience in all aspects of irrigation: maintaining, repairing and diagnosis. Some of the Cities Luis has worked with are: City of Rancho Cucamonga, City of Montclair and City of Ontario. Luis is responsible for all aspects of project management; emphasizing safety, high quality work, operational efficiency, and exemplary customer service. He also conducts walk -troughs to ensure that punch lists are completed and institutes improvements to enhance the quality of work. Certifications: o Qualified Applicator License: Category B o Certified Landscape Technician: Irrigation o Certified tree climber o Certificate Irrigation Master Technician TEL 800 • 794 • 9458 • FAX 626 • 960 • 8477 • www.mariposa-ca.com 6232 Santos Diaz Street, Irwindale, CA 91702 • CA CONTRACTOR'S LIC # 592268 A, C-27, D-49 Our Core Values — Safety • Teamwork • Quality • Integrity Page 414 3.7 Proposal Response Mariposa has a vast experience performing large scale landscape maintenance. We believe that our capabilities to perform this contract are superior to all the other competing submissions. We sufficiently staff contracts with well trained and competent workers as well as technicians and supervision. Our attention to quality and detail is documented with a list of more than 100 award winning construction and maintenance projects that extends over four decades. Our depth of knowledge and level of experience in our management and supervisory personnel is unmatched by our competitors. Mariposa Landscapes, Inc. has over 600 employees including Certified Irrigators, Certified Landscape Techs, Certified Arborists and Pest Control Advisor. Mariposa owns 90% of all vehicles and equipment used in its operations. Our entire fleet of equipment is less than 5 years old and well maintained by our in-house mechanics who can respond to emergencies immediately and a depth of replacement equipment that will allow us to stay consistent with our schedules. We are available 24 hours a day through the answering service to address emergency call outs. We understand your priorities and do everything in our power to honor the trust you place in us. Our reputation can be attributed to our employee training, award winning projects and pleased customers. We value open, honest communication, ongoing staff training, and new methods and technologies that will help us do the best job possible. TEL 800 • 794 • 9458 • FAX 626 • 960 • 8477 • www.mariposa-ca.com 6232 Santos Diaz Street, Irwindale, CA 91702 • CA CONTRACTOR'S LIC # 592268 A, C-27, D-49 Our Core Values — Safety • Teamwork • Quality • Integrity Page 415 Our Services Landscape Maintenance • Private, Commercial, Public Works and HOA • Large Scale Mowing Operations • Chemical, Mechanical, and Manual Weed Control. • Landscape Pest Control. • Year-round Fertilization Application. • Parking Lot Sweeping Tree Care Pr • On-site Diagnosis and Tree Work Recommendation. • Consultative Services with Certified Arborists. • Development of Long-term Tree Care Programs. • Large-scale Tree Trimming Removal. • Diagnosis and Treatment of Tree Diseases and ..'� Pest Problems. • Stump Grinding and Disposal of Trimmings. -� Landscape Construction • Site Preparation, Demolition, Grading and Drainage. • Irrigation Systems Installation, Repairs & Upgrades. • Computerized Irrigation Central Control Systems. • Irrigation Pump Installation. • Native Plant Restoration and Habitat Rehabilitation. • Hydro seeding, Sod planting. • Tree, Shrub, & Ground -cover planting. Hardscape Construction • Concrete Poured -in -Place, Reinforced, Stamped and • Seat Walls. • Flagstone, Tile, Masonry and Block Walls. • Drainage and Overhead Construction. • Water Feature Pond Installation & Repair. • Monuments and Signage. • Low Voltage Lighting Design and Installation. TEL 800 • 794 • 9458 • FAX 626 • 960 • 8477 • www.mariposa-ca.com 6232 Santos Diaz Street, Irwindale, CA 91702 • CA CONTRACTOR'S LIC # 592268 A, C-27, D-49 Our Core Values — Safety • Teamwork • Quality • Integrity Page 416 Company History In 1977, Terry Noriega established Mariposa Landscapes in Rosemead, California, by providing landscape maintenance and installation for custom residential and small commercial clients. After five years, he created the Public Works Maintenance Division, in 1984 the Public Works Construction Division was added, and in 1987, a Tree Care Division was formed. Mariposa Landscapes reincorporated in 1989 as Mariposa Horticultural Enterprises, Inc. In 2009, the company changed their business name back to Mariposa Landscapes, Inc. The company currently has a workforce of over 600 in California and Arizona. A brief chronology: 1977 —The Company is established in Rosemead, California. 1982 —The Public Works Maintenance Division is formed. 1984—The Public Works Construction Division is added. 1987 — The Tree Care Division is started. 1991— Relocates to our current facilities in Irwindale, CA. 1994 — Expands operations by opening a branch in Fontana, CA. 2001— Establishes an office in Glendale, Arizona. 2003 — Expands into servicing the Ventura County 2010 — Branch office established in Orange County 2013 — Branch Office established in Palm Springs Area 2019 — Over 40 years in Business! 1977 Mariposa Landscapes, Inc. - 40 years of Excellence! First Public Warks Landscape Mairrenance Project Branch Of&ce Established in Ventura County 1982 10- 2DD3 ' first Public Works Construction Project Branch Office Established in Orange 1984 . County Corporate Location Established in Irwindale 2010 1991 ®ranch Office Established in Branch Office Established in the Inland .Palm Springs Area Mariposa Landscape was founded Empire 2013 1977 i 1994 1 Over40 Years .in Business EstabishedTree WwWon operation Expanded to Arizona 110,1997 1 (•2001 2019 TEL 800 • 794 • 9458 • FAX 626 • 960 • 8477 • www.mariposa-ca.com 6232 Santos Diaz Street, Irwindale, CA 91702 • CA CONTRACTOR'S LIC # 592268 A, C-27, D-49 Our Core Values — Safety • Teamwork • Quality • Integrity 2019 Page 417 Company Information President : Terry Noriega California Corporation: C1469653 California Employer ID: 368-4753-1 Date Incorporated: October 2, 1989 Licenses & Certificates Contractors State License: 592262 Qualified Applicators License: 103864 Pest Control Adviser License: 74416 Pest Control Business License: 30977 Irwindale Business License: 00538 Supplier Clearinghouse MBE: 94HS0050 City of Los Angeles MBE: 561730 City of Los Angeles LBE: 37858 LA County MBE: 43914 City of LA Local Business Enterprise: BAVN #37858 LA Co. Agricultural Pest Control 1000279 Certified Arborist: WE -1182A C27, A, C61/D49 ABCDEFH ABCDEG Minority Business Enterprise MBE Certification, File No. CCA -7150 for the City of Los Angeles, The Women and Minority Business Enterprise Clearing house has audited and verified our eligibility as a MBE pursuant to the California Public Utilities Commission General Order 156. Financial Resources Mariposa has been capable of meeting all financial obligations for over 40 years. A strong balance sheet supports $50 Million bonding capacity. Green Waste Processing Capability Mariposa Landscapes, Inc. has a recycling program for green waste and paper products. We implement this program at our local offices and at all job sites. Mariposa currently uses hybrid vehicles and electric equipment where required. Mariposa notifies all project managers of the green initiatives prior to the award of contract. TEL 800 • 794 • 9458 • FAX 626 • 960 • 8477 • www.mariposa-ca.com 6232 Santos Diaz Street, Irwindale, CA 91702 • CA CONTRACTOR'S LIC # 592268 A, C-27, D-49 Our Core Values — Safety • Teamwork • Quality • Integrity Page 418 Work Plan This plan indicates the number of employees, their job titles, their responsibilities for the contract work and the number of hours per week they would be assigned to perform the contract work. Hours are an average per week. NO. OF JOB DESCRIPTION OF WORK EMPLOYEES TITLES Shrub and Ground Cover Pruning 1 Foremen The foremen will be responsible for carrying out the weekly schedule. This includes documenting and communicating work reports and hazardous conditions. The foremen will be in direct contact with the Account Manager. 2 Laborers The laborers assigned to this contract will be responsible for all routine pruning tasks, including all pruning of shrubs and ground cover. Mowing Operations 1 Foreman The foreman will be responsible for carrying out the weekly mow schedule and will work with the crews every day. This includes documenting and communicating work reports and hazardous conditions. They will be in direct contact with the Account Manager. 2 Laborers The laborers assigned to this task will be responsible for routine tasks. Including operating mowers, edging, weed removal and litter control as needed. Irrigation 1 Irrigation Will be responsible for all irrigation repairs and monitoring They will report directly Technicians to Account Manager. Chemical Applicator 1 Chemical Will be responsible for all chemical applications. This includes gopher control, post Applicator and pre -emergence weed control, growth regulator and any other task where an applicator is required. This person will report directly to the Account Manager. Seasonal Work 3 Foremen/ Seasonal Work will include all work that is not a weekly task. This includes Laborers fertilizing, aeration, dethatching and mulching planters. All seasonal work crews will work independently from our weekly full time crews and will have separate trucks and equipment. Account Manager 1 Account Handles all project management, including overseeing all Mariposa personnel Manager working in the city and will be the first direct contact with the city inspectors. He ensures our quality control and is responsible for dispatching equipment, providing supplies and insuring that all work operations are performed safely and within the guidelines of the contract. TEL 800 • 794 • 9458 • FAX 626 • 960 • 8477 • www.mariposa-ca.com 6232 Santos Diaz Street, Irwindale, CA 91702 • CA CONTRACTOR'S LIC # 592268 A, C-27, D-49 Our Core Values — Safety • Teamwork • Quality • Integrity Page 419 Work Plan SUPERVISION. Job titles, names, and experience of key employees responsible for planning, supervising and inspecting the contract work. P ION NAME Luis Melecio Over 28 years in the landscape maintenance industry. Extensive Contractor's Contract 1 knowledge of irrigation, chemical application and all aspects of Representative: 36" Mower maintenance services with Public Works contracts. Account Manager 3 His resume can be found under 3.6 Staff Biographies Field Supervisor To be determined Will have a minimum 5 years of experience in all aspects of Periodic Vehicles & Equipment maintenance operations Foremen To be determined Will have a minimum 3 years of experience in all aspects of Walk behind dethatchers 3 maintenance operations. Laborers To be determined Will have a minimum 2 years of experience in all aspects of maintenance operations Irrigation Technicians To be determined Will have a minimum 5 years of experience in all aspects of irrijzation trouble shootins, repair and installation VEHICLES, EQUIPMENT AND MATERIALS. List of the vehicles, equipment that will be used to perform the contract work: .EQUIPMENT TYPE .QUANTITY Regular Vehicles 3/4 Ton Ext. Cab Truck 1 Small Pick-up Truck 1 Trailers 3 36" Mower 1 Line Trimmers 3 Hedge Trimmers 2 Misc. hand tools Periodic Vehicles & Equipment 200 Gal. Tank sprayer 1 Walk behind aerators 3 Walk behind dethatchers 3 Ton extended cab trucks 1 — MATERIALS Trash bags Post - Emergents Pre - Emergents Growth Regulators Broadleaf Control Gopher Bait Mulch TEL 800 • 794 • 9458 • FAX 626 • 960 • 8477 • www.mariposa-ca.com 6232 Santos Diaz Street, Irwindale, CA 91702 • CA CONTRACTOR'S LIC # 592268 A, C-27, D-49 Our Core Values — Safety • Teamwork • Quality • Integrity Page 420 3.8 Exhibits "A" through "H" Submitted via Planet bids as a separate attachment as requested TEL 800 • 794 • 9458 • FAX 626 • 960 • 8477 • www.mariposa-ca.com 6232 Santos Diaz Street, Irwindale, CA 91702 • CA CONTRACTOR'S LIC # 592268 A, C-27, D-49 Our Core Values — Safety • Teamwork • Quality • Integrity Page 421 City of Rancho Cucamonga Request for Proposal ("RFP") #19/20-013 for LIVID 411 Parkway, Paseo & Median Island Landscape & Irrigation Maintenance "EXHIBIT A" CITY OF RANCHO CUCAMONGA CONFLICT OF INTEREST/NON-DISCLOSURE STATEMENT It is the policy of the City of Rancho Cucamonga to prevent personal or organizational conflict of interest, or the appearance of such conflict of interest, in the award and administration of City Contracts, including, but not limited to Contracts for Professional Services Agreements ("PSA") with potential Vendors. I do not have specific knowledge of confidential information regarding RFP responses received in response to the Request for Proposal ("RFP") #19/20-013 for LIVID 411 Parkway, Paseo & Median Island Landscape & Irrigation Maintenance. I agree not to disclose or otherwise divulge any information pertaining to the contents, status, or ranking of any RFP response to anyone. I understand the terms and "disclose or otherwise divulge" to include, but are not limited to, verbal conversations, written correspondence, reproduction of any part or any portion of any RFP response, or removal of same from designated areas. I, the undersigned, hereby certify that the following statements are true and correct and that I understand and agree to be bound by commitments contained herein. Terry Noriega Vendor 09/19/2019 (Print Name) (Relationship to the City) (Relationship to the Vendors) (Signature) i (Date) Must be included in final RFP submittal. Page 45 of 53 Page 422 City of Rancho Cucamonga Request for Proposal ("RFP") #19/20-013 for LIVID 411 Parkway, Paseo & Median Island Landscape & Irrigation Maintenance "EXHIBIT B" PROFESSIONAL SERVICES AGREEMENT EXCEPTIONS SUMMARY Mark the appropriate choice, below: X Vendors accepts the PSA without exception. OR Vendors proposes exceptions to the PSA. Summarize all exceptions on a separate document. Enclose a written summary of each change and title as "Exception Summary", which shall include the Vendors' rationale for proposing each such exception. Each exception must be labeled with the Section number in the PSA. Failure to properly reference exceptions in the submitted summary may deem the response as non-responsive. Signature Terry Noriega Printed Name President Title 09/19/2019 Date Must be included in final RFP submittal. Page 46 of 53 Page 423 City of Rancho Cucamonga Request for Proposal ("RFP") #19/20-013 for LIVID 411 Parkway, Paseo & Median Island Landscape & Irrigation Maintenance "EXHIBIT C" ACKNOWLEDGMENT OF INSURANCE REQUIREMENTS AND CERTIFICATION OF ABILITY TO PROVIDE AND MAINTAIN COVERAGES SPECIFIED I, Terry Noriega the President (President, Secretary, Manager, Owner or Representative) of Mariposa Landscapes, Inc. _ _ -, certify that the (Name of Company, Corporation or Owner) Specifications and General Provisions regarding insurance requirements as stated within the Professional Services Agreement (PSA), for the Purchase Contract designated Request for Proposal ("RFP") for #19/20-013 for LIVID 4111 Parkway, Paseo & Median Island Landscape & Irrigation Maintenance have been read and understood and that our Vendors is able to provide and maintain the coverage as specified in the PSA. Failure to -provide said coverage, u on request to finalize the PSA prior to award shall be enough cause for immediate dis ualification of award. Failure to maintain said coverage shall result in termination of the contract. Signature Terry Noriega Printed Name President Title 09/19/2019 Date Must be included in final RFP submittal. Page 47 of 53 Page 424 City of Rancho Cucamonga Request for Proposal ("RFP") #19/20-013 for LIVID 411 Parkway, Paseo & Median Island Landscape & Irrigation Maintenance "EXHIBIT D" ADDENDUM ACKNOWLEDGEMENT The Vendors hereby acknowledges the following Addenda Number(s) to this RFP have been received, if any. Vendors understands failure to acknowledge any addenda issued may cause the RFP response to be considered non-responsive. It is the Vendors' responsibility to log into the Bid System to identify and download the number of addenda that have been posted. J 4 Signature Terry Noriega Printed Name President Title 09/19/2019 Date Must be included in final RFP submittal. Page 48 of 53 Page 425 City of Rancho Cucamonga Request for Proposal ("RFP") #19/20-013 for LIVID 4R Parkway, Paseo & Median Island Landscape & Irrigation Maintenance "EXHIBIT E" DEBARMENT and SUSPENSION CERTIFICATION FORM I certify that neither Mariposa Landscapes, Inc. (Vendor) nor any of its proposed subcontractors are not currently listed on the governmentwide exclusions in the System for Award Management (SAM), in accordance with the guidelines under 2 CFR 200 that implement Executive Orders 12549 (3 CFR part 1986 Comp., p. 189) and 12689 (3 CFR part 1989 Comp., p. 235), and that neither Vendor nor any of its proposed subcontractors are tax delinquent with the State of California. I acknowledge that if Vendors or any of its subcontractors subsequently are placed under suspension or debarment by a local, state or federal government entity, or if Vendors or any of its subcontractors subsequently become delinquent in California taxes, our Proposal will be disqualified. Signature Terry Noriega Printed Name President Title 09/19/2019 Date Must be included in final RFP submittal. Page 49 of 53 Page 426 City of Rancho Cucamonga Request for Proposal ("RFP") #19/20-013 for LIVID 413 Parkway, Paseo & Median Island Landscape & Irrigation Maintenance "EXHIBIT F" PARTICIPATION CLAUSE It is hereby understood that other government entities, such as cities, counties, and special/school districts may utilize this RFP response at their option for equipment or services at the RFP response price for a period of days. Said entities shall have the option to participate in any award made because of this solicitation. Any such piggy -back awards will be made independently by each agency, and the City of Rancho Cucamonga is not an agent, partner or representative of these agencies and is not obligated or liable for any action of debts that may arise out of such independently negotiated piggy -back procurement. Each public agency shall accept sole responsibility of its own order placement and payments of the Vendors. Successful Vendors will extend prices as proposed herein to other governmental agencies, please specify. YES )� NO Must be included in final RFP submittal. Page 50 of 53 Page 427 City of Rancho Cucamonga Request for Proposal ("RFP") #19/20-013 for LIVID 411 Parkway, Paseo & Median Island Landscape & Irrigation Maintenance "EXHIBIT G" SIGNATURE OF AUTHORITY The undersigned firm declares that he has carefully examined the specifications and read the above terms and conditions, and hereby proposes and agrees, if this RFP response is accepted, to furnish all material in accordance with the specifications and instructions, in the time and manner therein prescribed for the unit cost amounts set forth in the following RFP response. THE VENDOR IN SUBMITTING THIS RFP RESPONSE MUST FILL IN THE FOLLOWING INFORMATION. FAILURE TO DO SO MAY DEEM YOUR RFP RESPONSE AS NON-RESPONSIVE. Company Name: Address: Mariposa Landscapes, Inc. (Street, Su. # city, State, zip) 6232 Santos Diaz Street Irwindale, CA 91702 Telephone #: (626) 960-0196 Fax #: (626) 960-8477 E-mail address: Web Address: robert@mariposa-ca.com www.mariposa-ca.com Authorized Representative: (print) Title: Terry Noriega President Signature: Date: 09/19/2019 Must be included in final RFP submittal. Page 51 of 53 Page 428 City of Rancho Cucamonga Request for Proposal ("RFP") #19/20-013 for LIVID 411 Parkway, Paseo & Median Island Landscape & Irrigation Maintenance "EXHIBIT H" REFERENCES WORKSHEET The following References Worksheet must be complete, please do not mark "See Attached". Provide a minimum of four (4) clients that are similar in size to the City of Rancho Cucamonga that your company has conducted comparable or like services. Preferred references should be government agencies and be a current customer within the past three (3) years. Please verify accuracy of contact information. Company Name Contact Name and Title Company Address Contact Telephone Number Contact Email Reference I City of Newport Beach Anthony Petrarca, Parks Supervisor 592 Superior Ave. Newport Beach, CA 92660 (949) 644-3084 apetrarca@newportbeachca.gov Description of Comparative Services and Landscape Maintenance - Irrigation , Turf, Groundcover , shrub, vine and Project Cost (please be specific) tree maintenance, Hardscape , Sand/wood chip area and Drinking fountain maintenance. Specialty/Sports Athletic Area maintenance. $2.8 Million IL Reference 2 Company Name contact ivame ana i we Company Address Contact Telephone Number Contact Email Description of Comparative Services and Project Cost (please be specific) City of Tustin Christine Zepeda, Supervisor 300 Centennial Way, Tustin, CA 92780 (714) 573-3147 czepeda@tustinca.org General landscape maintenance of LIVID areas, Assessment Dist., ATEP building and former US reserve $775,000.00 Page 52 of 53 Page 429 City of Rancho Cucamonga Request for Proposal ("RFP") #19/20-013 for LIVID 411 Parkway, Paseo & Median Island Landscape & Irrigation Maintenance Reference 3 Compa�Name City of Palm Desert Contact Name and Title Randy Chavez, Supervisor Company Address 73-510 Fred Waring Drive, Palm Desert, CA 92260 Contact Telephone Number (760) 902-9064 Contact Email rchavez@cityofpalmdesert.org Description of Comparative Services and Landscape maintenance of areas 6 and 9 Project Cost (please be specific) $295,000.00 Reference 4 Company Name City of Arcadia Contact Name and Title Dave Thompson, Streets Superintendent Company Address 11800 Goldring Ave. Arcadia, CA 91006 Contact Telephone Number (626) 254-2709 Contact Email dthompson@arcadiaca.gov Description of Comparative Services and Landscape Maintenance of City Parks,Medians and Parkways, Project Cost (please be specific) Facilities, Water Facilities, Downtown 2000 Parking Districts 1 and 2, Transit Plaza $522,000.00 Page 53 of 53 Page 430 City of Rancho Cucamonga Best and Final Offer (BAFO) for Request for Proposal (RFP) #19/20-013 for LIVID 411 Parkway, Paseo Median Island Landscape Irrigation Maintenance LMD Description UOM QTY. Unit Total Price Service Level A Continuous Parkway Maintenance at Annual cost per 549926 $ 0.36 $ 199,513.15 Service Level A for Groundcover sq. ft. Service Level A Continuous Parkway Maintenance at Annual cost per 228246 $ 0.32 $ 72,536.58 Service Level A for Turf sq. ft. Service Level A Continuous Parkway Maintenance at Annual cost per 444189 $ 0.07 $ 30,249.27 Service Level A for Hardscape sq. ft. Service Level A Continuous Parkway Maintenance at Annual cost per 0 $ - $ - Service Level A for Mulchscape sq. ft. Service Level B Continuous Parkway Maintenance at Annual cost per 549926 $ 0.36 $ 197,368.44 Service Level B for Groundcover sq. ft. Service Level B Continuous Parkway Maintenance at Annual cost per 228246 $ 0.31 $ 71,783.37 Service Level B for Turf sq. ft. Service Level B Continuous Parkway Maintenance at Annual cost per 444189 $ 0.07 $ 29,893.92 Service Level B for Hardscape sq. ft. Service Level B Continuous Parkway Maintenance at Annual cost per 0 $ - $ - Service Level B for Mulchscape sq. ft. Service Level C Continuous Parkway Maintenance at Annual cost per 549926 $ 0.36 $ 196,433.57 Service Level C for Groundcover sq. ft. Service Level C Continuous Parkway Maintenance at Annual cost per 228246 $ 0.31 $ 71,418.17 Service Level C for Turf sq. ft. Service Level C Continuous Parkway Maintenance at Annual cost per 444189 $ 0.07 $ 29,760.66 Service Level C for Hardscape sq. ft. Service Level C Continuous Parkway Maintenance at Annual cost per 0 $ - $ - Service Level C for Mulchscape sq. ft. Planting, Mulch and Plant 5 Gallon Tree and Stake (Unit Costs EA 1 $ 35.00 $ 35.00 DG Unit Costs shall include all labor, equipment, materials and overhead to perform the task indicated.) Planting, Mulch and Plant 15 Gallon Tree and Stake (Unit EA 1 $ 125.00 $ 125.00 DG Unit Costs Costs shall include all labor, equipment, materials and overhead to perform the task indicated.) Planting, Mulch and Plant 1 Gallon Shrub (Unit Costs shall EA 1 $ 14.00 $ 14.00 DG Unit Costs include all labor, equipment, materials and overhead to perform the task indicated.) Planting, Mulch and Plant 5 Gallon Shrub (Unit Costs shall EA 1 $ 28.00 $ 28.00 DG Unit Costs include all labor, equipment, materials and overhead to perform the task indicated.) Page 431 City of Rancho Cucamonga Best and Final Offer (BAFO) for Request for Proposal (RFP) #19/20-013 for LIVID 411 Parkway, Paseo Median Island Landscape Irrigation Maintenance Planting, Mulch and DG Plant 1 Flat Ground Cover (Unit Costs shall EA 1 $ 30.00 $ 30.00 Unit Costs include all labor, equipment, materials and overhead to perform the task indicated.) Planting, Mulch and DG Prep, Place and Grade Mulch (Unit Costs CY 1 $ 90.00 $ 90.00 Unit Costs shall include all labor, equipment, materials and overhead to perform the task indicated.) Planting, Mulch and DG Prep, Place, Compact and Grade DG (Unit CY 1 $ 110.00 $ 110.00 Unit Costs Costs shall include all labor, equipment, materials and overhead to perform the task indicated.) Labor Rates Landscape Maintenance Laborer— Routine HOUR 1 $ 41.00 $ 41.00 ROUTINE— mowing, watering, pruning, trimming, weeding, spraying, occasional planting and replacement of plants and janitorial work incidental to such landscape maintenance. Labor Rates Landscape Maintenance Laborer— Complex HOUR 1 $ 62.00 $ 62.00 COMPLEX— servicing of irrigation and sprinkler systems, repairing of equipment use in such landscape maintenance. Labor Rates Landscape Operating Engineer HOUR 1 $ 169.00 $ 169.00 Labor Rates Licensed or Certified Chemical Applicator HOUR 1 $ 77.00 $ 77.00 Labor Rates Supervisor/Foreman HOUR 1 $ 158.00 $ 158.00 Labor Rates Landscape/Irrigation Laborer HOUR 1 $ 153.00 $ 153.00 Labor Rates Landscape Hydro Seeder HOUR 1 $ 160.00 $ 160.00 Labor Rates Landscape/Irrigation Tender Tenders may HOUR 1 $ 57.00 $ 57.00 only perform the following work on landscape/irrigation projects: Assisting the Landscape Laborer with the wire installation, unloading of materials, distribution of pipe, stacking of sprinkler heads and risers, the setting of valve boxes and thrust block, both precast and poured in place, cleaning and backfilling trenches with a shovel, cleanup and watering during construction and all other landscaping, planting and all work involved in laying and installation of landscape irrigation systems. Page 432 City of Rancho Cucamonga Best and Final Offer (BAFO) for Request for Proposal (RFP) #19/20-013 for LIVID 4R Parkway, Paseo Median Island Landscape Irrigation Maintenance Tree Removals/Grmnds Tree Removal with Stump Grmndo 0" to 3" EA 1 $ 125.00 $ 125.00 Tree Removals/Gr*nds Tree Removal with Stump Grind- >3" to 12" EA 1 $ 300.00 $ 300.00 Tree Removals/Grmnds Tree Removal with Stump Grondo > EA 1 $ 700.00 $ 700.00 Tree Removals/Grinds Tree Removal with Stump Grind: >24" to 36" EA 1 $ 1,100.00 $ 1,100.00 Tree Tree Removal with Stump EA 1 $ 1,950.00 $ 1,950.00 Tree Tree Removal without Stump Grind: 0" to 3" EA 1 $ 100.00 $ 100.00 Tree Removals/Grmnds Tree Removal without Stump Grind: >3" to 1211 EA 1 $ 250.00 $ 250.00 Tree Removals/Grinds Tree Removal without Stump Grind: >12" to 24" EA 1 $ 600.00 $ 600.00 Tree Tree Removal without Stump Grind: >24" to EA 1 $ 950.00 $ 950.00 Tree Removals/Grinds Tree Removal without Stump Grind: >36" EA 1 $ 1,750.00 $ 1,750.00 Tree Stump Grind Only: 0" to 3" EA 1 $ 50.00 $ 50.00 Tree Stump Grind Only: >3" to 12" EA 1 $ 150.00 $ 150.00 Tree Stump Grind Only: >12" to 24" EA 1 $ 250.00 $ 250.00 Tree Removals/Grinds Stump Grind Only: >24" to 36" EA 1 $ 400.00 $ 400.00 Tree Removals/Grinds Stump Grind Only: >36" EA 1 $ 550.00 $ 550.00 Page 433 Exhibit C - Unit Costs Vendor: Mariposa Landscapes, Inc. Project: Landscape and Irrigation Maintenance for LMD 4R Item No. Unit of Measure Service Level A 1 Continuous Parkway Maintenance for Groundcover 2 Continuous Parkway Maintenance for Turf 3 Continuous Parkway Maintenance for Hardscape 4 Continuous Parkway Maintenance for Mulchscape Total - Service Level A Service Level B 5 Continuous Parkway Maintenance for Groundcover 6 Continuous Parkway Maintenance for Turf 7 Continuous Parkway Maintenance for Hardscape 8 Continuous Parkway Maintenance for Mulchscape Total - Service Level B Service Level C 9 Continuous Parkway Maintenance for Groundcover 10 Continuous Parkway Maintenance for Turf 11 Continuous Parkway Maintenance for Hardscape 12 Continuous Parkway Maintenance for Mulchscape Total - Service Level C Quantity MonthlyMonthly Cost Annual Cost Unit Cost 549,926 $ 0.03023 228,246 $ 0.02648 444,189 $ 0.00567 0 N/A 549,926 $ 0.02991 228,246 $ 0.02621 444,189 $ 0.00561 0 N/A 549,926 $ 0.02977 228,246 $ 0.02607 444,189 $ 0.00558 0 N/A Planting, Mulch and DG Unit Costs Unit Price 13 Plant 5 Gallon Tree and Stake EA $ 35.00 14 Plant 15 Gallon Tree and Stake EA $ 125.00 15 Plant 1 Gallon Shrub EA $ 14.00 16 Plant 5 Gallon Shrub EA $ 28.00 17 Plant 1 Flat Ground Cover EA $ 30.00 18 Prep, Place and Grade Mulch CY $ 90.00 19 Prep, Place, Compact and Grade DG CY $ 110.00 $16,626.10 $199,513.15 $6,044.72 $72,536.58 $2,520.77 $30,249.27 $0.00 $0.00 $25,191.58 $302,299.00 $16,447.37 $197,368.44 $5,981.95 $71,783.37 $2,491.16 $29,893.92 $0.00 $0.00 $24,920.48 $299,045.73 $16,369.46 $196,433.57 $5,951.51 $71,418.17 $2,480.06 $29,760.66 $0.00 $0.00 $24,801.03 $297,612.40 1 of 2 2/25/2020, 11:40 AM Page 434 Exhibit C - Unit Costs Vendor: Mariposa Landscapes, Inc. Project: Landscape and Irrigation Maintenance for LMD 4R Labor Rates Unit Price 20 Landscape Maintenance Laborer - Routine' HOUR $ 41.00 21 Landscape Maintenance Laborer - Complexi HOUR $ 62.00 22 Landscape Operating Engineer HOUR $ 169.00 23 Licensed or Certified Chemical Applicator HOUR $ 77.00 24 Supervisor/Foreman HOUR $ 158.00 25 Landscape/Irrigation Laborer HOUR $ 153.00 26 Landscape Hydro Seeder HOUR $ 160.00 27 Landscape/Irrigation Tender HOUR $ 57.00 1. ROUTINE — mowing, watering, pruning, trimming, weeding, spraying, occasional planting and replacement EA of plants and janitorial work incidental to such landscape maintenance. 37 Tree Removal without Stump Grind: >36" EA 2. COMPLEX — servicing of irrigation and sprinkler systems, repairing of equipment use in such landscape maintenance. 3. Tenders may only perform the following work on landscape/irrigation projects: Assisting the Landscape Laborer with the wire installation, unloading of materials, distribution of pipe, stacking of sprinkler heads and risers, the setting of valve boxes and thrust block, both precast and poured in place, cleaning and backfilling trenches with a shovel, cleanup and watering during construction and all other landscaping, planting and all work involved in laying and installation of landscape irrigation systems. Tree Removals/Grinds Unit Price 28 Tree Removal with Stump Grind: 0" to 3" EA $ 125.00 29 Tree Removal with Stump Grind: >3" to 12" EA $ 300.00 30 Tree Removal with Stump Grind: >12" to 24" EA $ 700.00 31 Tree Removal with Stump Grind: >24" to 36" EA $ 1,100.00 32 Tree Removal with Stump Grind: >36" EA $ 1,950.00 33 Tree Removal without Stump Grind: 0" to 3" EA $ 100.00 34 Tree Removal without Stump Grind: >3" to 12" EA $ 250.00 35 Tree Removal without Stump Grind: >12" to 24" EA $ 600.00 36 Tree Removal without Stump Grind: >24" to 36" EA $ 950.00 37 Tree Removal without Stump Grind: >36" EA $ 1,750.00 38 Stump Grind Only: 0" to 3" EA $ 50.00 39 Stump Grind Only: >3" to 12" EA $ 150.00 40 Stump Grind Only: >12" to 24" EA $ 250.00 41 Stump Grind Only: >24" to 36" EA $ 400.00 42 Stump Grind Only: >36" EA $ 550.00 2 Of 2 2/25/2020, 11:40 AM Page 435 DATE: April 1, 2020 TO: Mayor and Members of the City Council FROM: John R. Gillison, City Manager INITIATED BY: William Wittkopf, Public Works Services Director Ernest Ruiz, Streets, Storm Drains and Fleet Superintendent Kenneth Fung, Assistant Engineer SUBJECT: CONSIDERATION TO AWARD CONTRACT TO SIEMENS MOBILITY, INC. FOR THE "TRAFFIC SIGNAL BATTERY BACKUP SYSTEM REPLACEMENT FY 19-20 PROJECT". RECOMMENDATION: Staff recommends the City Council approve the specifications, accept the bids received, award and authorize the execution of a contract in the amount of $271,080 for the "Traffic Signal Battery Backup System Replacement FY 19-20 Project" to the lowest responsive bidder, Siemens Mobility, Inc, of Riverside and authorize the expenditure of a contingency in the amount of $28,920 to be funded from account number 1174303-5650/1980174-0 (Gas Tax R&T 7360) and account number 1712001- 5650/1980712-0 (Equipment/Vehicle Replacement) as approved in the FY 2019-2020 budget. BACKGROUND: The purpose of a traffic signal battery backup system (BBS) is to provide power to a traffic signal so it will operate in 4 -way red flash during a power outage. The existing first -generation Clary Corporation battery backup systems have been in service for up to 25 years. These systems have exceeded their life expectancy and are no longer supported by the manufacturer (no replacement parts are available). Therefore, when the existing systems fail, they cannot be repaired, and the traffic signal will blackout and cease to operate in an electrical power outage. Rather than waiting for a battery backup system to fail and then replacing it on an emergency basis, the Public Works Services Department wants to be proactive and replace all the existing first -generation Clary BBS with the latest Clary BBS. Due to replacement costs and the number of aging battery backup systems, the replacement work is being spread out over 5 years. Staff has identified a total of one - hundred and thirty (130) locations requiring the replacement of traffic signal battery backup systems. This project is the second phase of the five-year replacement plan. ANALYSIS: Fourteen (14) contracting companies with the required C-10 Electrical Contractor License downloaded the project documents. Eight (8) of the Fourteen (14) contracting companies sent a representative to attend the mandatory pre-bid meeting. Four (4) bids for this project were opened at 2:00 pm on Tuesday, February 25, 2020 (see attached Bid Summary). Staff has completed the required background investigation and finds that the lowest responsive bidder, Siemens Mobility, Inc. of Riverside, has met the requirements of the bid documents. Page 436 The Base Bid consists of eighteen (18) signalized intersections where the BBS is to be replaced. This project also has six (6) Additive Bids. Additive Bids 1, 2, 3, 5, and 6 consist of replacing the BBS at two (2) signalized intersections each. Additive Bid 4 consists of replacing the BBS at one (1) signalized intersection. The project budget is sufficient to award only the Base Bid and three (3) of the Additive Bids (1, 2, and 6) to the lowest responsive bidder. This will replace the BBS for a total of twenty-four (24) signalized intersections. The project is scheduled to be completed in fifty-two (52) working days — 40 working days for the Base Bid items and 2 additional working days for each intersection listed in awarded Additive Bids 1, 2, and 6. Working days are defined as Monday through Thursday for this project. FISCAL IMPACT: Replacing a battery backup system after it fails (emergency work) is significantly more expensive than completing the work as a scheduled project. Due to economies of scale, the planned replacement of multiple battery backup systems decreases the unit cost significantly. COUNCIL GOAL(S) ADDRESSED: This item addresses the City Council's goal of Public Safety because replacing the battery backup systems ensures that in the event of a power outage, the City's traffic signals will be able to provide limited traffic control at signalized intersections. ATTACHMENTS: Description Bid Summary Contract Page 437 Attachment 1 - Bid Summary FEBRUARY 25, 2020 BID OPENING SUMMARY TRAFFIC SIGNAL BATTERY BACKUP REPLACEMENT FY 19-20 PROJECT Scope of Work: Remove existing Battery Backup System (BBS) at below intersections and Replace with new Clary Corporation BBS including cabinet, inverter, power interface module, batteries, etc. per project specifications plus other work Page 438 Average of Unit Prices $12,343.00 $12,343.00 $12,343.00 $12,343.00 $12,343.00 $12,343.00 $12,343.00 $12,343.00 $12,343.00 $12,343.00 $12,343.00 $12,343.00 $12,343.00 $12,343.00 Bid Summary Page 1 of 3 Siemens Mobility, Inc. Elecnor Belco Electric, Inc. Alfaro Communications BASE BID (low bidder) (1) DBX, Inc. (1) Construction, Inc. (1) item Description Qty Unit Unit Price Cost Unit Price Cost Unit Price Cost Unit Price Cost Base Line Road and Pacific Electric 1 Trail -TS Controller located at NWC 1 LS 1 $11,295.00 $11,295.00 1 $11,877.00 $11,877.001 $12,900.00 $12,900.00 $13,300.00 $13,300.00 Church St. and Center Ave - 2 TS Controller located at SEC 1 LS $11,295.00 $11,295.00 $11,877.00 $11,877.00 $12,900.00 $12,900.00 $13,300.00 $13,300.00 Church St and Elm Ave West - TS 3 Controller located at NEC 1 LS $11,295.00 $11,295.00 $11,877.00 $11,877.00 $12,900.00 $12,900.00 $13,300.00 $13,300.00 Day Creek Blvd and Banyan St - 4 TS Controller located at NEC 1 LS $11,295.00 $11,295.00 $11,877.00 $11,877.001 $12,900.00 $12,900.00 $13,300.00 $13,300.00 Day Creek Blvd and Church St - TS 5 Controller located at NEC 1 LS $11,295.00 $11,295.00 $11,877.00 $11,877.00 $12,900.00 $12,900.00 $13,300.00 $13,300.00 Foothill Blvd and Cornwall Ave - 6 TS Controller located at NWC 1 LS $11,295.00 $11,295.00 $11,877.00 $11,877.00 $12,900.00 $12,900.00 $13,300.00 $13,300.00 Foothill Blvd and Victoria Commons/Promenade - TS 7 Controller located at SWC 1 LS $11,295.001 $11,295.00 $11,877.00 $11,877.00 $12,900.00 $12,900.00 $13,300.001 $13,300.00 Grove Ave and Pacific Electric Trail - 8 TS Controller located at NEC 1 LS $11,295.00 $11,295.00 $11,877.00 $11,877.00 $12,900.00 $12,900.00 $13,300.00 $13,300.00 Haven Ave and Arrow Rte - TS 9 Controller located at NEC 1 LS $11,295.00 $11,295.00 $11,877.00 $11,877.001 $12,900.00 $12,900.00 $13,300.00 $13,300.00 Haven Ave and Pacific Electric Trail - 10 TS Controller located at SWC 1 LS $11,295.00 $11,295.00 $11,877.00 $11,877.00 $12,900.00 $12,900.00 $13,300.00 $13,300.00 Hellman Ave and Arrow Rte - TS 11 Controller located at NEC 1 LS $11,295.00 $11,295.00 $11,877.001 $11,877.00 $12,900.00 $12,900.00 $13,300.00 $13,300.00 Hellman Ave and Pacific Electric Trail 12 -TS Controller located at SWC 1 LS $11,295.00 $11,295.00 $11,877.00 $11,877.00 $12,900.00 $12,900.00 $13,300.00 $13,300.00 Hermosa Ave and Feron Blvd - TS 13 Controller located at NWC 1 LS $11,295.00 $11,295.00 $11,877.00 $11,877.00 $12,900.00 $12,900.00 $13,300.00 $13,300.00 Wilson Ave and San Savaine Rd -TS 14 Controller located at NWC 1 LS $11,295.00 $11,295.00 $11,877.00 $11,877.00 $12,900.00 $12,900.00 $13,300.00 $13,300.00 Page 438 Average of Unit Prices $12,343.00 $12,343.00 $12,343.00 $12,343.00 $12,343.00 $12,343.00 $12,343.00 $12,343.00 $12,343.00 $12,343.00 $12,343.00 $12,343.00 $12,343.00 $12,343.00 Bid Summary Page 1 of 3 BASE BID Siemens Mobility, Inc. (low bidder) Elecnor Belco Electric, Inc. (1) DBX, Inc. (1) Alfaro Communications Construction, Inc. (1) item Description Qty Unit Unit Price Cost Unit Price Cost Unit Price Cost Unit Price Cost 15 19th Street and Amethyst Ave - TS Controller located at NEC 1 LS $11,295.00 $11,295.00 $11,877.00 $11,877.00 $12,900.00 $12,900.00 $13,300.00 $13,300.00 16 19th St and Archibald Ave - TS Controller located at NEC 11 LS $11,295.00 $11,295.00 $11,877.00 $11,877.00 $12,900.00 $12,900.00 $13,300.00 $13,300.00 17 19th St and Beryl St - TS Controller located at NWC 1 LS $11,295.00 $11,295.00 $11,877.00 $11,877.00 $12,900.00 $12,900.00 $13,300.00 $13,300.00 18 19th St and Carnelian St - TS Controller located at NEC 1 LS $11,295.00 $11,295.00 $11,877.00 $11,877.001 $12,900.00 $12,900.00 $13,300.00 $13,300.00 ADDITIVE BID NO 1 Subtotal = $22,590.00 $23,754.00 $25,800.00 $26,600.00 BASE BID TOTAL = $203,310.00 $213,786.001 $232,200.00 $239,400.00 No Addendums issued for this project As required in bid documents, did bidder's bid proposal include at least one IMSA Traffic Signal Senior Field Technician Level III Certification with their bid proposal? Y/N YES NO NO NO As required in bid documents, did bidder's bid proposal include a Time and Materials Cost Sheet? Y/N? YES NO NO NO ADDITIVE BIDS Siemens Mobility, Inc. (low bidder) Elecnor Belco Electric, Inc. (1) DBX, Inc. (1) Alfaro Communications Construction, Inc. (1) item Description Qty Unit Unit Price Cost Unit Price Cost ADDITIVE BID NO 1 19 19th St and Hermosa Ave - TS Controller located at NWC 1 LS $11,295.00 $11,295.00 $11,877.00 $11,877.00 $12,900.00 $12,900.00 $13,300.00 $13,300.00 20 19th St and Sapphire St - TS Controller located at SEC 1 LS $11,295.00 $11,295.00 $11,877.00 $11,877.00 $12,900.00 $12,900.00 $13,300.00 $13,300.00 ADDITIVE BID NO 1 Subtotal = $22,590.00 $23,754.00 $25,800.00 $26,600.00 ADDITIVE BID NO 2 21 4th St and Golden Oak Rd - TS Controller located at NEC 1 LS $11,295.00 $11,295.00 $11,877.00 $11,877.00 $12,900.00 $12,900.00 $13,300.00 $13,300.00 22 6th St. and Golden Oak Rd - TS Controller located at SEC 1 LS $11,295.00 $11,295.00 $11,877.00 $11,877.00 $12,900.00 $12,900.00 $13,300.00 $13,300.00 ADDITIVE BID NO 2 Subtotal = $22,590.00 $23,754.00 $25,800.00 $26,600.00 ADDITIVE BID NO 3 23 Archibald Ave and 4th St - TS Controller located at NEC 1 LS $11,295.00 $11,295.00 $11,877.00 $11,877.00 $12,900.00 $12,900.00 $13,300.00 $13,300.00 24 Archibald Ave and 6th St - TS Controller located at SEC 1 LS $11,295.00 $11,295.00 $11,877.00 $11,877.00 $12,900.00 $12,900.00 $13,300.00 $13,300.00 Page 439 Average of Unit Prices $12,343.00 $12,343.00 $12,343.00 $12,343.00 Average of Unit Prices $12,343.00 $12,343.00 $24,686.00 $12,343.00 $12,343.00 $24,686.00 $12,343.00 $12,343.00 Bid Summary Page 2 of 3 Asa result, award BASE BID +ADDITIVE BIDS 1, 2 & 6 for $271,080.00 (1) Bidder is non-compliant because bidder did not include at least one bid document required IMSA Traffic Signal Senior Field Technician Level III Certification and the bid document required Time & Materials Cost Sheet with their bid proposal. Bid Summary Page 3 of 3 Page 440 BASE BID Siemens Mobility, Inc. (low bidder) Elecnor Belco Electric, Inc. (1) DBX, Inc. (1) Alfaro Communications Construction, Inc. (1) Average of Unit Prices item Description Qty Unit Unit Price Cost Unit Price Cost Unit Price Cost Unit Price Cost ADDITIVE BID NO 3 Subtotal = $22,590.00 $23,754.00 $25,800.00 $26,600.00 $24,686.00 ADDITIVE BID NO 4 25 Archibald Ave and 8th St - TS Controller located at NWC 1 LS $11,295.00 $11,295.00 $11,877.001 $11,877.00 $12,900.00 $12,900.00 $13,300.00 $13,300.00 $12,343.00 ADDITIVE BID NO 4 Subtotal = $11,295.00 $11,877.00 $12,900.00 $13,300.00 $12,343.00 ADDITIVE BID NO 5 26 Archibald Ave and Highland Ave - ITS Controller located at SEC 1 LS $11,295.00 $11,295.00 1 $11,877.00 $11,877.001 $12,900.00 $12,900.00 $13,300.00 $13,300.00 $12,343.00 27 Archibald Ave and Lemon Ave - TS Controller located at NWC 1 LS $11,295.00 $11,295.00 $11,877.00 $11,877.00 $12,900.00 $12,900.00 $13,300.00 $13,300.00 $12,343.00 ADDITIVE BID NO 5 Subtotal = $22,590.00 $23,754.00 $25,800.00 $26,600.00 $24,686.00 ADDITIVE BID NO 6 28 Arrow Rte and Archibald Ave - TS Controller located at NEC 1 LS $11,295.00 $11,295.00 $11,877.00 $11,877.00 $12,900.00 $12,900.00 $13,300.00 $13,300.00 $12,343.00 29 Arrow Rte and Baker Ave - TS Controller located at SEC 1 LS $11,295.00 $11,295.00 $11,877.00 $11,877.00 $12,900.00 $12,900.00 $13,300.00 $13,300.00 $12,343.00 ADDITIVE BID NO 6 Subtotal = $22,590.00 $23,754.00 $25,800.001 $26,600.00 $24,686.00 TOTAL OF ALL SIX ADDITIVE BIDS = $124,245.00 $130,647.001 $141,900.00 $146,300.00 $135,773.00 BASE BID+ ALL SIX ADDITIVE BIDS= $327,555.00 $344,433.00 $374,100.00 $385,700.00 1 $357,947.00 Exceeds Project Budget of $300,000.00? Yes Yes Yes Yes Asa result, award BASE BID +ADDITIVE BIDS 1, 2 & 6 for $271,080.00 (1) Bidder is non-compliant because bidder did not include at least one bid document required IMSA Traffic Signal Senior Field Technician Level III Certification and the bid document required Time & Materials Cost Sheet with their bid proposal. Bid Summary Page 3 of 3 Page 440 Attachment 2 - Contract CITY OF RANCHO CUCAMONGA PUBLIC WORKS SERVICES DEPARTMENT CONTRACT TRAFFIC SIGNAL BATTERY BACKUP SYSTEM REPLACEMENT FY 19-20 PROJECT AWARD DATE: Wednesday, April 1, 2020 Page 441 CITY OF RANCHO CUCAMONGA PUBLIC WORKS SERVICES DEPARTMENT NOTICE INVITING BIDS PROPOSAL, CONTRACT AND SPECIFICATIONS FOR TRAFFIC SIGNAL BATTERY BACKUP SYSTEM REPLACEMENT FY 19-20 PROJECT PREPARED BY: CITY OF RANCHO CUCAMONGA 10500 CIVIC CENTER DRIVE RANCHO CUCAMONGA, CALIFORNIA 91730 (909) 477-2730 PUBLIC WORKS SERVICES DIRECTOR Page 442 CITY OF RANCHO CUCAMONGA TABLE OF CONTENTS NoticeInviting Bids.......................................................................................................................... N -I thru 5 Instructions to Bidders............................................................... A. Proposals B. Delivery of Proposals C. Withdrawal of Proposals D. Disqualification of Bidders and Proposals E. Signature of Contractor F. Bid Bond G. Addendum H. Examination of Plans, Specifications, and Site of Work I. Estimated Quantities J. Competency of Bidder K. Award and Execution of Contract L. Return of Proposal Guarantee M. City Business License N. Equivalent Materials 0. Pre -Bid Meeting Proposal........... I ............................. I .......... Schedule of Unit Cost and Lump Sum Amounts Bidder Agreement Bidder Information Subcontractors Declaration of Eligibility to Contract Certificate of Non -Discrimination by Contractors Non -Collusion Affidavit Bid Bonds ............. ....................................... 1-1 thru 8 ................................................................. P-1 thru 17 ContractAgreement........................................................................................................................0-1 thru 7 FaithfulPerformance Bond....................................................................................................................... B-1 Laborand Materials Bond..............................................................................................................B-2 thru 3 Compensation Insurance Certificate..................................................................................................... INS -I Maintenance Guarantee Bond............................................................................................................... MB -1 SPECIAL PROVISIONS SPECIFICATIONS — Governed by "Green Book" Standard Specifications AMENDMENTS to "Green Book" Standard Specifications PART I - GENERAL PROVISIONS Section 1 - Terms, Definitions, Abbreviations, Units of Measure and Symbols....................................GP-1 Section 2 - Scope and Control of the Work................................................................................. GP -2 thru 4 --Section 3 Changes in Work .... ...... ........ GP -S thru b .................. ..... ........ ..................... Section 4 - Control of Materials.................................................................................................. GP -7 thru 9 Page 443 Table of Contents (continued) Section5 Utilities...............................................................................................................................GP-10 Section 6 - Prosecution, Progress and Acceptance of the Work .............................................. GP -1 i thru 12 Section 7 - Responsibilities of the Contractor......................................................................... GP -13 thru 21 Section 8 - Facilities for Agency Personnel ........................ Section 9 - Measurement and Payment.................................................................................................GP-23 PART 2 -CONSTRUCTION MATERIALS Section 200 -Rock Materials 200-1 Rock Products............................................................................................................ MA -1 200-2 Untreated Base Materials........................................................................................... MA -1 Section 201 - Concrete, Mortar and Related Materials 201-1 Portland Cement Concrete......................................................................................... MA -2 PART 3 - CONSTRUCTION METHODS Section 300 - Earthwork 300-1 Clearing and Grubbing .................. .............................................................................. ME -3 Section 303 - Concrete and Masonry Construction 303-1 Concrete Structures.....................................................................................................ME-4 303-5 Concrete Curbs, Walks, Gutters, Cross Gutters Alley Intersections, Access Ramps and Driveways...................................................ME-5 Appendix Item 1 — Traffic Signal Battery Backup System Replacement Specifications Appendix Item 2 - City Working Days Calendar Appendix Item 3 — Sample of a previously approved set of Certificates of Insurance (with updated insurance limits and coverages) Appendix Item 4 — City Permit Applications (Note: Applications for City Construction Permit and/or Temporary Street or Lane Closure Permit may be completed online at the City's website, www.cityofrc.us) Page 444 NOTICE INVITING SEALED BIDS OR PROPOSALS FOR "'T'RAF'FIC SIGNAL BATTERY BACKUP SYSTEM REPLACEMENT FY 19-20 PROJECT" NOTICE IS HEREBY GIVEN that said City of Rancho Cucamonga will receive at the Office of the City Clerk in the offices of the City of Rancho Cucamonga, on or before the hour of 2:00 p.m. on TUESDAY, FEBRUARY 25, 2020, sealed bids or proposals for the "TRAFFIC SIGNAL BATTERY BACKUP SYSTEM REPLACEMENT FY 19-20 PROJECT" in said City. Bids will be publicly opened and read in the office of the City Clerk, 10500 Civic Center Drive, Rancho Cucamonga, California 91730. Bids must be made on a form provided for the purpose, addressed to the City of Rancho Cucamonga, California, marked, "Bid for Construction of TRAFFIC SIGNAL BATTERY BACKUP SYSTEM REPLACEMENT FY 19-20 PROJECT." A mandatory Pre -Bid meeting and site tour will be held on Tuesday, February 4, 2020 beginning at 10:00 am. Refer to item 110. Pre -Bid Meeting" of the "Instructions to Bidders" section of the bid documents for approximate directions. Attendees are required to sign in at the Pre -Bid meeting. Bads from companies that did not have a representative sign in at the Pre -Hid meeting will be rejected. PREVAILING WAGE: Notice is hereby given that in accordance with the provisions of California Labor Code, Division 2, Part 7, Chapter 1, Articles 1 and 2, the Contractor is required to pay not less than the general prevailing rate of per diem wages for work of a similar character in the locality in which the public work is performed, and not less than the general prevailing rate of per diem wages for holiday and overtime work. In that regard, the Director of the Department of Industrial Relations of the State of California is required to and has determined such general prevailing rates of per diem wages. Copies of such prevailing rates of per diem wages are on file in the office of the City Clerk, City of Rancho Cucamonga, 10500 Civic Center Drive, Rancho Cucamonga, California, and are available to any interested party on request. They can also be found at www.dir.ca.gov/ under the "Statistics and Research" Tab. The Contracting Agency also shall cause a copy of such determinations to be posted at the job site. No contractor or subcontractor may be listed on a bid proposal for a public works project (submitted on or after March 1, 2015) unless registered with the Department of Industrial Relations pursuant to Labor Code section 1725.5 (with limited exceptions from this requirement for bid purposes only under Labor Code section 1771.1(a)). No contractor or subcontractor may be awarded a contract for public work on a public works project (awarded on or after April 1, 2015) unless registered with the Department of Industrial Relations pursuant to Labor Code section 1725.5. _._._._ This, ro'eet-s subject to compliance monitoring and enforcement ?)L -the N-1 Page 445 Department of Industrial Relations. For all new projects awarded on or after April 1, 2015, the contractors and subcontractors must furnish electronic certified payroll records to the Labor Commissioner. The requirement to furnish electronic certified payroll records to the Labor Commissioner will apply to all public works projects, whether new or ongoing, beginning January 1, 2016. Pursuant to provisions of Labor Code Section 1.775, the Contractor shall forfeit, as penalty to the City of Rancho Cucamonga, not more than two hundred dollars ($200.00) for each laborer, workman, or mechanic employed for each calendar day or portion thereof, if such laborer, workman or mechanic is paid less than the general prevailing rate of wages herein before stipulated for any work done under the attached contract, by him or by any subcontractor under him, in violation of the provisions of said Labor Code. Attention is directed to the provisions in Sections 1777.5 and 1777.6 of the Labor Code concerning the employment of apprentices by the Contractor or any subcontractor under him. Section 1.777.5, as amended, requires the Contractor or subcontractor employing tradesmen in any apprenticable occupation to apply to the joint apprenticeship committee nearest the site of the public works project and which administers the apprenticeship program in that trade for a certificate of approval. The certificate will also fix the ratio of apprentices to journeymen that will be used in the performance of the contract. The ratio of apprentices to journeymen in such cases shall not be less than one to five except: A. When unemployment in the area of coverage by the joint apprenticeship committee has exceeded an average of 15 percent in the 90 days prior to the request of certificate, or B. When the number of apprentices in training in the area exceeds a ratio of one to five, or C. When the trade can show that it is replacing at least 1./30 of its membership through apprenticeship training on an annual basis statewide or locally, or D. When the Contractor provides evidence that he employs registered apprentices on all of his contracts on an annual average of not less than one apprentice to eight journeymen. The Contractor is required to make contributions to funds established for the administration of apprenticeship programs if he employs registered apprentices or journeymen in any apprenticable trade on such contracts and if other Contractors on the public works site are making such contributions. N-2 Page 446 The Contractor and subcontractor under him shall comply with the requirements of Sections 1777.5 and 1777.6 in the employment of apprentices. Information relative to apprenticeship standards, wage schedules, and other requirements may be obtained from the Director of Industrial Relations, ex -officio the Administrator of Apprenticeship, San Francisco, California, or from the Division of Apprenticeship Standards and its branch offices. Eight (8) hours of labor shall constitute a legal day's work for all workmen employed in the execution of this contract and the Contractor and any subcontractor under him shall comply with and be governed by the laws of the State of California having to do with working hours as set forth in Division 2, Part 7, Chapter 1, Article 3 of the Labor Code of the State of California as amended. The Contractor or Subcontractor shall forfeit, as a penalty to the City of Rancho Cucamonga, twenty-five dollars ($25.00) for each worker employed in the execution of the contract by the respective contractor or subcontractor for each calendar day during which the worker is required or permitted to work more than 8 hours in any one calendar day and 40 hours in any one calendar week in violation of the provisions of this article. Contractor agrees to pay travel and subsistence pay to each workman needed to execute the work required by this contract as such travel and subsistence payments are defined in the applicable collective bargaining agreement filed in accordance with Labor Code Section 1.773.1. The bidder must submit with his proposal, cash, cashier's check, certified check, or bidder's bond, payable to the City of Rancho Cucamonga for an amount equal to at least 10% of the amount of said bid as a guarantee that the bidder will enter into the proposed contract if the same is awarded to him, and in event of failure to enter into such contract said cash, cashiers' check, certified check, or bond shall become the property of the City of Rancho Cucamonga. If the City of Rancho Cucamonga awards the contract to the next lowest bidder, the amount of the lowest bidder's security shall be applied by the City of Rancho Cucamonga to the difference between the low bid and the second lowest bid, and the surplus, if any shall be returned to the lowest bidder. The amount of the bond to be given to secure a faithful performance of the contract for said work shall be 100% of the contract price thereof, and an additional bond in an amount equal to 100% of the contract price for said work shall be given to secure the payment of claims for any materials or supplies furnished for the performance of the work contracted to be done by the Contractor, or any work or labor of any kind done thereon, and the Contractor will also be required to furnish a certificate that he carries compensation insurance covering his N-3 Page 447 employees upon work to be done under contract which may be entered into between him and the said City of Rancho Cucamonga for the construction of said work. Contractor shall, possess any and all contractor licenses, in form and class as required by any and all applicable laws with respect to any and all of the work to be performed under this contract; including, but not limited to, a Class "A" License (General Engineering Contractor) or Class "C-10" License (Electrical Contractor) in accordance with the provisions of the Contractor's License Law (California Business and Professions Code, Section 7000 et. seq.) and rules and regulation adopted pursuant thereto. The Contractor, pursuant to the "California Business and Professions Code," Section 7028.15, shall indicate his or her State License Number on the bid, together with the expiration date, and be signed by the Contractor declaring, under penalty of perjury, that the information being provided is true and correct. The work is to be done in accordance with the profiles, plans, and specifications of the City of Rancho Cucamonga on file in the Office of the City Clerk at 10500 Civic Center Drive, Rancho Cucamonga, California. In an effort to go green and paperless, digital copies of the plans, specifications, and bid proposal, including any future addenda or revisions to the bid documents, are available by going to www.ciplist.com and signing up, by going to Member Login or Member Signup (it's free), then choose California, then scroll down to San Bernardino County and click on Browse Cities, then scroll down to Rancho Cucamonga and click on City Projects, then click on the Project of interest under the Title and follow directions for download. Note, copies of the plans, specifications, bid proposal, addendums and revisions will not be provided, digital copies must be downloaded from the above website then printed. Prospective bidders must register for an account on www.ciplist.com to be included on the prospective bidder's list(s) and to receive email updates of any addenda or revisions to the bid documents. Be advised that the information contained on this site may change over time and without notice to prospective bidders or registered users. While effort is made to keep information current and accurate and to notify registered prospective bidders of any changes to the bid documents, it is the responsibility of each prospective bidder to register with www.ciplist.com and to check this website on a DAILY basis through the close of bids for any applicable addenda or updates. No proposal will be considered from a Contractor to whom a proposal form has not been issued by the City of Rancho Cucamonga to registered prospective bidders from www.ciplist.com. The successful bidder will be required to enter into a contract satisfactory to the City of Rancho Cucamonga. N-4 Page 448 In accordance with the requirements of Section 9-3.2 of the General Provisions, as set forth in the Plans and Specifications regarding the work contracted to be done by the Contractor, the Contractor may, upon the Contractors request and at the Contractor's sole cost and expense, substitute authorized securities in lieu of monies withheld (performance retention). The City of Rancho Cucamonga reserves the right to reject any or all bids. Questions regarding this Notice Inviting Bids for "TRAFFIC SIGNAL BATTERY BACKUP SYSTEM REPLACEMENT FY 19-20 PROJECT" may be directed to: Ernest Ruiz and Streets, SD & Fleet Superintendent 8794 Lion Street Rancho Cucamonga, CA 91730 (909) 477-2730 ext. 4108 (e-mail: ernie.ruiz@cityofrc.us) Kenneth Fung Assistant Engineer 8794 Lion Street Rancho Cucamonga, CA 91730 (909) 477-2730 ext. 4139 (e-mail: kenneth.fung@cityofrc.us) All questions regarding this Notice Inviting Bids must be in writing (e-mail is acceptable) and received by the City no later than 5:00 pm on Tuesday, February 11, 2020. The City is not responsible for questions/e-mails undeliverable. ADVERTISE ON: Tuesday, January 21, 2020 and Tuesday, January 28, 2020 N-5 Page 449 INSTRUCTIONS TO BIDDERS A. PROPOSALS Proposals under these specifications shall be submitted on the blank forms furnished herewith. When presented, all forms must be completely made out in the manner and form indicated and must also meet the following requirements: 1. The bidder shall set forth for each item of work, in clearly legible figures, an item price and a total for the item in the respective spaces provided for this purpose. In the case of unit basis items, the amount set forth under the "Total" column shall be the product of the unit price multiplied by the estimated quantity for the item. In case of discrepancy between the unit price and the total set forth for the item, the unit price shall prevail, except however, that if the amount set forth as a unit price is ambiguous, unintelligible or uncertain for any cause, or if it is omitted, or in the case of unit basis items, is the same amount as the entry in the "Total" columns, or in the case of lump sum items, is not the same amount as the entry in the "Total" column, then the amount set forth in the "Total" column for the item shall prevail in accordance with the following: (1) As to lump sum items, the amount set forth in the "Total" column shall be the unit price. (2) As to unit basis items, the amount set forth in the "Total" column shall be divided by the estimated quantity for the item and the price thus obtained shall be the unit price. The bidder shall also set forth in both words and clearly legible figures the "Total. Bid Amount" in the spaces provided at the bottom of the Bid Schedule. Bidder shall place a "Post It" note (1.5" X 2" minimum size) at the upper right corner of sheet P-3 of the Bid Proposal to help the representative from the City Clerk's office find the Bid Amount. 2. The proposal must be properly signed by the bidder, whose address, telephone number, and California Contractor's license number must be shown. 3. The Contractor shall perform with his own organization and with workmen under his immediate supervision, work of a value not less than 500 of the total value of all work embraced in the contract. Where an entire item is subcontracted, the value of work subcontracted will be based on the Contract Unit Price. When a portion of an item is subcontracted, the value of work subcontracted will be based on the estimated percentage of the Contract Unit Price. This will be determined from information submitted by the Contractor, and subject to approval I-1 Page 450 by the Engineer. With the proposal, the Contractor shall. list (a) the name, address, and the California Contractor License Number of each subcontractor who will perform work included in the contract, and (b) the portion of work which will be done by each subcontractor. All subcontractors performing work in excess of 1/2a of the total value of the contract or, in the case of bids or offers for the construction of streets or highways, including bridges, in excess of 1/2a of the total value of the contract or ten thousand dollars ($10,000.00) whichever is greater, shall be listed. The successful bidder shall be prohibited from performing work on this project with a subcontractor who is ineligible to perform work on the project pursuant to Section 1777.1 or 1777.7 of the Labor Code. 4. Bid must be accompanied by cash, cashier's check, certified check, or surety bond in an amount not less than (1.00) of the total amount of bid. Checks and bond shall be made payable to the City of Rancho Cucamonga. 5. The correction of any discrepancies in or omission from the drawings, specifications or other contract documents or any interpretation thereof during the bidding period will be made only by written addendum. See Item G, Addendum, for further information and instructions_ 6. Bids shall not contain any recapitulation, inserted by the Bidder, of work to be done. Alternative proposals will not be considered unless specifically requested. No oral or telephone modifications will be considered. 7. Each bid shall be valid for no less than 90days after the opening of the proposals. 8. No mention shall be made in the proposal of Sales Tax, Use Tax, or any other tax, as all amounts bid will be deemed and held to include any such taxes which may be applicable. B. DELIVERY OF PROPOSAL Proposals shall be enclosed in a sealed envelope plainly marked on the outside, "SEALED BID FOR TRAFFIC SIGNAL BATTERY BACKUP SYSTEM REPLACEMENT FY 19-20 PROJECT IN THE CITY OF RANCHO CUCAMONGA." Proposals may be mailed or delivered by messenger. However, it is the bidder's responsibility alone to ensure delivery of the proposal to the City Clerk prior to the bid opening hour stipulated in the Notice Inviting Bids. Late proposals will not be considered. C. WITHDRAWAL OF PROPOSALS A proposal may be withdrawn by a bidder. Such request must be delivered I-2 written request signed by the to the City Clerk prior to the Page 451 bid opening hour stipulated in the Notice Inviting Bads. Proposals may not be withdrawn after said hour without forfeiture of the proposal guarantee. The withdrawal of the proposal will not prejudice the right of the bidder to submit a new proposal, providing there is time to do SO. D. DISQUALIFICATION OF BIDDERS AND PROPOSALS The bidder's attention is directed to the "California Business and Professions Code," Section 7028.15, which requires the Contractor to indicate his or her State License Number on the bid, together with the expiration date, and be signed by the Contractor declaring, under penalty of perjury, that the information being provided is true and correct. "Any bid not containing this information, or a bid containing information which is subsequently proven false, shall be considered non- responsive and shall be rejected by the public agency." More than one proposal for the same work from any individual, firm partnership, corporation, or association under the same or different names will not be accepted; and reasonable grounds for believing that any bidder is interested in more than one proposal for the work will be cause for rejecting all proposals in which such bidder is interested. Proposals in which the prices are obviously unbalanced, and those which are incomplete or show any alteration of form, or contain any additions or conditional or alternate bids that are not called for or otherwise permitted, may be rejected. A proposal on which the signature of the bidder has been omitted will be rejected. E. SIGNATURE OF CONTRACTOR Corporation The signature must contain, the name of the corporation, must be signed by the President and Secretary or Assistant Secretary, and the corporate seal must be affixed. Other persons may sign for the corporation in lieu of the above if a Certified copy of a resolution of the corporate board of directors so authorizing them to do so, is on file in the City Clerk's office. Partnership The names of all persons comprising the partnership or co -partnership must be stated. The bid must be signed by all partners comprising the partnership unless proof in the form of a certified copy of a certificate of partnership acknowledging the signer to be a general partner authorized to sign the contract on behalf of the partnership is presented to the City Clerk, in which case the general partner may sign. I-3 Page 452 Joint Venture Bids submitted as a joint venture must so state and be signed by each joint venturer. Individual Bids submitted by an individual must be signed by the bidder, unless a general power of attorney, not more than 60 days old, is on file in the City Clerk's office, in which case the attorney in fact may sign for the individual. The above rules also apply in the case of the use of a fictitious business name. In addition, where a fictitious name is used, it must be so indicated in the signature. F. BID BOND Bid must be accompanied by cash, cashier's check, certified check, or surety bond in an amount not less than 10% of the total amount of bid. Checks and bond shall be made payable to the City of Rancho Cucamonga. G. ADDENDUM The correction of any discrepancies in or omission from the drawings, specifications or other contract documents or any interpretation thereof during the bidding period will be made only by written addendum. A copy of each such addendum will be posted on the internet, and it shall be the bidder's responsibility to download and print each and every posted addendum and a signed copy of the addendum shall be returned to the City prior to bid opening or attached to the bid documents. Failure to do so may result in bid rejection. Said addendum shall be made part of the contract. Any other interpretation or explanation of such documents will not be considered binding. The addendum can be found by going to www.ciplist.com, Member Login, then choose California, then scroll down to San Bernardino County and click on Browse Cities, then scroll down to Rancho Cucamonga and click on City Projects, then click on the project of interest under the title and follow directions for download. H. EXAMINATION OF PLANS, SPECIFICATIONS, AND SITE OF WORK The plans and specifications to which the proposal forms refer are on file and open to inspection in the office of the City Engineer. Bidders must satisfy themselves by personal examination of the work site, plans, specifications, and other contract documents, and by any other means as they may believe necessary, as to the actual physical conditions, requirements and difficulties under which the work must be performed. No bidder shall at any time after submission of a proposal make any claim or assertion that there was any misunderstanding or lack 1-4 Page 453 of information regarding the nature of amount of work necessary for the satisfactory completion of the job. Any errors, omissions, or discrepancies found in the plans, specifications, or other contract documents shall be called to the attention of the Resident Engineer and clarified prior to the submission of proposals. 1. ESTIMATED QUANTITIES The quantities given in the proposal and contract form are approximate, being given as a basis for the comparison of bids only, and the City does not, expressly or by implication, agree that the actual amount of work will correspond therewith, but reserves the right to increase or decrease the amount of any class or portion of the work, or to omit any portion of the work, as may be deemed advisable or necessary by the Engineer. The estimated quantity of each specific portion of the work designated on the plans as a final pay quantity shall be considered as approximate only and no guarantee is made that the quantities which can be determined by computations, based on the details and dimensions shown on the plans, will equal the estimated quantities. No allowance will be made in the event that the quantities based on computations do not equal the estimated quantities. When portions of an item have been designated on the plan as final pay quantities, portions not so designated will be measured and paid for in accordance with the applicable provisions of these specifications and the special provisions. In case of a discrepancy between the quantities shown on the plan as final pay quantities and the quantity of the same item shown in the Engineer's Estimate, payment will be based on the final pay quantities shown on the plans. J. COMPETENCY OF BIDDER The bidder shall be licensed under the provisions of Chapter 9, Division 3, of the Business and Professions Code of the State of California to do the type of work contemplated in the contract and shall be skilled and regularly engaged in the general class or type of work called for under this contract. To assist in the determination of competency, the Contractor shall complete the attached "Bidder Information" form. K. AWARD AND EXECUTION OF CONTRACT Acceptance or Rejection The City of Rancho Cucamonga, reserves the right to reject any or all bids. I-5 Page 454 Award of Contract The City reserves the right to award a contract, if it be awarded, to the lowest responsive bidder by either of the following two options: 1. Total Base Bid Amount 2. Total Base Bid Amount + any combination of Additive Bid Amount (s) A proposal will not be considered if it does not include both the Base Bid and the Additive Bid(s) and no proposal will be considered from a Contractor to whom a proposal form has not been issued by the City of Rancho Cucamonga. No proposal will be considered from a Contractor to whom a proposal form has not been issued by the City of Rancho Cucamonga to registered prospective bidders from www.ciplist.com. The award, if made, will be made as expeditiously as possible after the opening of the proposals and in recognition of Section A.7. above. In no case will an award be made until all necessary investigations are made into the responsibility of the bidder to whom it is proposed to award the contract. Contractor shall possess any and all contractors licenses, in form and class as required by any and all applicable laws with respect to any and all of the work to be performed under this contract; including, but not limited to, a Class "A" License (General Engineering Contractor) or Class "C-10" License (Electrical Contractor) in accordance with the provisions of the Contractor's License Law (California Business and Professions Code, Section 7000, et. seq.) and rules and regulations adopted pursuant thereto at the time this contract is awarded. Bnnd The Contractor shall furnish a good and sufficient surety bond issued by a surety company authorized to do business in the State of California in the sum equal to 1000 of the total bid, conditioned for the Faithful Performance by the Contractor of all covenants, stipulations any agreements contained in said contract; an addition, the Contractor shall furnish a Labor and Materials Bond and a sum equal to 100% of the contract price, as required by the provisions of Section 9554 of the California Civil Code. Workers' Com ensation Before commencing any work under the contract, the successful bidder must file with the Engineer a certificate by an insurance carrier authorized under the laws of the State to insure employers against liability for compensation under the "Worker's Compensation Insurance and Safety Act," stating that such bidder has taken out for the term for which the contract is to run, compensation insurance covering his full liability work or labor necessary to carry out the provisions of this I-6 Page 455 contract, and an agreement to immediately notify said Engineer if said policy should lapse or be canceled. In the event that such policy should become inoperative at any time before the completion of the work, all work shall cease immediately until a new policy is obtained and any time so lost shall not entitle Contractor to any extension of time. Execution of Contract The Contract shall be signed by the successful bidder and returned together with the other required documents, within fifteen (15) days after the bidder has received notice that the contract has been awarded, unless extended by said City Council in writing. No proposal shall be considered binding upon the City until the execution of the contract. Failure to execute a contract and file acceptable documents as provided herein within fifteen (15) days from receipt of notice of award shall be just cause for the annulment of the award. In the event of failure to enter into such contract, the lowest bidder's security (cash, cashier's check, certified check, or bond) shall become the property of the City of Rancho Cucamonga. If the City of Rancho Cucamonga awards the contract to the next lowest bidder, the amount of the lowest bidder's security shall be applied by the City of Rancho Cucamonga to the difference between the low bid and the second lowest bid, and the surplus, if any shall be returned to the lowest bidder. Liquidated Damages and Working Days Attention is directed to the provisions of Section 6-9 of the Specifications. The Contractor shall pay to the City of Rancho Cucamonga the sum of $2,000.00 per day for each and every calendar day's delay in finishing the work in excess of 40 working days plus an additional 2 working days for each intersection listed in an awarded Additive Bid. L. RETURN OF PROPOSAL GUARANTEE The cash, check or bond of a bidder to whom the contract has been awarded will be returned to him after all of the acts, for the performance of which said security is required, have been fully performed. The cash, checks or bonds of the remaining qualified bidders will be returned when the bidder to whom the contract has been awarded has properly executed and returned all of the required Contract Documents. Cash, checks or bid bonds of other bidders will be returned when their proposals are rejected or in any event at the expiration of 90 days from the date of award of contract. I-7 Page 456 M. CITY BUSINESS LICENSE Municipal Ordinances requires the issuance of a City Business License as a condition precedent to being engaged as a Contractor within the City. N. EQUIVALENT MATERIALS Attention is directed to the provisions of Section 4-1.6 of the Standard Specifications for Public Works Construction. O. PRE-BID MEETING A mandatory pre-bid meeting is scheduled on Tuesday, February 4, 2020 beginning at 10:00 am at the conference room of the Rancho Cucamonga Public Works Services Center, 8794 Lion Street, Rancho Cucamonga, CA 91730. Approximate directions: Exit the I-10 Freeway at Vineyard Avenue Proceed north on Vineyard Avenue After crossing the railroad tracks, turn east onto 9th Street Procced east on 9th Street until reaching Lion Street. Turn south onto Lion Street Proceed to the south terminus (cul-de-sac) which is 8794 Lion Street. Public Parking is located west of the building entrance Check in with the receptionist and complete the "Sign In" sheet The meeting will be held in an adjacent conference room Attendees are required to sign in on the "Sign In" sheet. Bids from companies that did not have a representative sign in at the pre- bid meeting will be rejected. I-8 Page 457 P R O P O S A L SCHEDULE OF COST AND LUMP SUNT AMOUNTS "TRAFFIC SIGNAL BATTERY BACKUP SYSTEM REPLACEMENT FY 19-20 PROJECT" TO THE CITY OF RANCHO CUCAMONGA: The undersigned bidder declares that he has carefully examined the location of the proposed work, that he has examined the Plans, Special Provisions and Specifications, and read the accompanying Instruction to Bidders, and hereby proposes and agrees, if this proposal is accepted, to furnish all material and do all the work required to complete the said work in accordance with the Plans, Special Provisions and Specifications, in the time and manner therein prescribed for the unit cost and lump sum amounts set .forth in the schedule on the following Proposal. item Description Qty, Unit Unit Price No. Price BASH; B= Remove Battery Backup System (HES) at Below Intersections and Replace with New Clary Corporation BBS including cabinet, inverter, power interface module, batteries, etc. per project specifications plus other related work: Base Line Road and the Pacific Electric Trail - 1 T.S. Controller located at Northwest Corner Church Street and Center Avenue - T.B. 2 Controller located at Southeast Corner Church Street and Elm Avenue West - T.S. 3 Controller located at Northeast Corner Day Creek Boulevard and Banyan Street - T.S. 4 Controller located at Northeast Corner Day Creed: Boulevard and Church Street - T.S. 5 Controller located at Northeast Corner Foothill Boulevard and Cornwall Avenue - T.S. 5 Controller located at Northwest Corner Siernens Mobility, Inc. Bidder P-1 1 LS $11,295.00 $11,295.00 1 LS $11,295.00 $11,295.00 1 LS 511,295.00 $11,295.00 1 LS $11,295.00 $11,295.00 1 LS 511295.00 $11,295.00 1 LS 511,295.00 $11,295.00 Page 458 SIEMENS P R O P O S A L — SCH2DU13E--OGE—OOST--FND—L-iJnP UMI AMOUNTS "TRAFFIC SIGNAL BATTERY BACKUP SYSTEM REPLACEMENT FY 19-20 PROJECT" Item Description Qty, Unit it Price No. Price RASE BID (continued) Remove Battery Backup System (SBS) at Below Intersections and Replace with New Clary Corporation BBS including cabinet, inverter, power interface module, batteries, etc, per project specifications plus other related work: Foothill Boulevard and 'Victoria Commons/Promenade - T.S. Controller located at 7 Southwest Corner Grove Avenue and Pacific Electric Trail - T.S. 8 Controller located at Northeast Corner Haven Avenue and Arrow Route - T.S. Controller 9 located at -Northeast Corner Haven Avenue and Pacific Electric Trail - T.S, 10 Controller located at Southwest Corner Hellman Avenue and Arrow Route - T.S. located at 11 Northeast Corner Hellman Avenue and Pacific Electric Trail - T.S. 12 Controller located at Southwest Corner Hermosa Avenue and Peron Boulevard - T.S. 13 Controller located at Northwest Corner Wilson Avenue and San Savaine Road - T.S. 14 Controller located at Northwest Corner 19tr Street and Amethyst Avenue - T.S. located at 15 Northeast Corner 19th Street and Archibald Avenue - T.S. 16 Controller located at Northeast Corner 19th Street and Beryl Street - T.S. Controller 17 located at Northwest Corner 19th Street and Carnelian Street - T.S. 18 Controller located at Northeast Corner 1 LS $11,295.00 $11,295.00 1 LS $11,295.00 $11,295.00 1 LS 511,295.00 $11,295.00 1 LS $11,295.00 $11,295.00 1 LS $11,295.00 $11,295.00 1 LS $11,295.00 $11,295.00 1 LS $11,295.00 511,295.00 1 LS $11,295.00 $11,295.00 1 LS $11,295.00 $11,295.00 5iemets Mdbiiify; Inc. _-_........ Bidder P-2 1 1 1 LS $11,295.00 $11,295,00 LS $11,295.00 $11,295.00 LS $11,295.00 $11,295.00 Page 459 SIEMENS P R O P O S A L "TRAFFIC SIGNAL BATTERY BACKUP SYSTEM REPLACEMENT FY 19-20 PROJECT" Item Description Qtr, Unit Unit Price No. Price BASE BID (continued) TOTAL BASE BIT] AMOUNT IN NUMBERS : $203,310.00 TOTAL BASE BID AMOUNT IN WORDS: Two Hundred Three Thousand Three Hundred Ten Dollars and Zero Cents Siemens Mobility, Inc.— Bidder P-3 Page 460 SIEMENS P R O P O S A L .......... _— - r "TRAFFIC SIGNAL BATTERY BACKUP SYSTEM REPLACEMENT FY 19-20 PROJECT" item Description Qty. Unit Unit Price No - Price ADDITIVE BID NO 1 Remove Battery Backup System {BBS} at Below Intersections and Replace with New Clary Corporation BBS including cabinet, inverter, power interface module, batteries, etc. per project specifications plus other related work: 19th Street and Hermosa Avenue - T.S. Controller 19 located at Northwest Corner 1 LS $11,295.00 $11,295.00 19th Street and Sapphire Street - T.S. Controller 20 located at Southeast Corner 1 LS $11,295.00 $11,295.00 TOTAL ADDITIVE BID NO 1 AMOUNT IN NUMBERS- $22,590.00 TOTAL ADDITIVE BID NO 1 AMOUNT IN WORDS: Twenty Two Thousand Five Hundred Ninety Dollars and Zero Cents Bidder P-4 Page 461 I P R O P O S A L _ �EDTJLE� "TRAFFIC SIGNAL BATTERY BACKUP SYSTEM REPLACEMENT FY 19-20 PROJECT" Item Description Qty. Unit Unit Price Nc, brace ADDITIVE BID NO 2 Remove Battery Backup System (BBS) at Below Intersections and Replace with New Clary Corporation BBS including cabinet, inverter, power interface module, batteries, etc. per project specifications plus other related work: 4th Street and Golden Oak Road - T.S. Controller 21 located at Northeast Corner &th Street and Golden Oak Road - T.S. Controller 22 located at Southeast Corner TOTAL ADDITIVE BID NO 2 AMOUNT IN NUMBERS - $22,590.00 1 LS $11,295.00 $77,295.00 1 LS $11,295.00 $11,295.00 TOTAL ADDITIVE BID NO 2 AMOUNT IN WORDS- Twenty Two Thousand Five Hundred Ninety Dollars and Zero Cents Sig -ens Mobility; Inc:...- ..._ . _..._............_..._.._._........_..__...._.... . Bidder P-5 Page 462 SIEMENS P R O P O S A L "TRAFFIC SIGNAL BATTERY BACKUP SYSTEM REPLACEMENT FY 19-20 PROJECT" Item Descziption Qty. Unit Unit Price NO. _ Price Siemens -Mobility; Inc:.._.. Bidder P-6 Page 463 P R O P O S A L — - '- -- -- BCHEDULE–OF –COS _ _ ��N3OUiITS "TRAFFIC SIGNAL BATTERY BACKUP SYSTEM REPLACEMENT FY 1.9-20 PROJECT" Item Description Qty- Unit Unit Price No. Price Siemens Mobility, Inc. Bi rider P-7 Page 464 M M r e.� Siemens Mobility, Inc. Bi rider P-7 Page 464 w SIEMENS P R O P O S A L � • s � ►ea �u • u _ r r "TRAFFIC SIGNAL BATTERY BACKUP SYSTEM REPLACEMENT FY 19-20 PROJECT" ztem Description Qty. Unit Unit tirice No. Price s er Siemens Mobility, Inc. Bidder P-8 Page 465 W P R O P O S A L SCHEDULE OF COST AND LUMP SUM AMOUNTS "TRAFFIC SIGNAL BATTERY BACKUP SYSTEM REPLACEMENT FY 19-20 PROJECT" Item Description Qty. Grit Unit Price No. Price ADDITnrE BID NO 6 Remove Battery Backup System (BBS) at Below Intersections and Replace with New Clary Corporation BBS including cabinet, inverter, power interface module, batteries, etc. per Project specifications plus other related work: Arrow Route and Archibald Avenue -- T.S. 28 Controller located at Northeast Corner Arrow Route and Baker Avenue - T.S. Controller 29 located at Southeast Corner TOTAL ADDITIVE BID NO 6 AMOUNT IN NUMBERS: $22,590..00 I LS $11,295.00 $11,245.00 1 LS $77,295.00 $11,295.00 TOTAL ADDITIVE BID No 6 AMOUNT IN WORbs : Twenty Two Thousand Five Hundred Ninety Dollars and Zero Cents TvrgL AWARD-- RA5E 9/0 4 ADD17-Ivb 91Ds NO 1,ag6; 1 0-7/. nRn.ao Two dLo re Se✓a„ one AGctSan c>✓ i h 1 isand ?ero L41^ -)V Siemens Mobility, Inc. Bidder P-9 Page 466 BIDDER AGREEMENT The undersigned also agrees as follows: FIRST: Within ?5 calendar days from the receipt of the Notice of Award of Contract, to execute the contract, and to furnish to the City of Rancho Cucamonga, two (2) satisfactory bonds in the amounts specified in the Notice Inviting Bids guaranteeing the faithful performance of the work and payment of bills. SECOND: To begin work within ten (10) calendar days after the date specified in the Notice to Proceed and to prosecute said work in such a manner as to complete it within 40 working days plus an additional. 2 working days for each intersection listed in an awarded Additive Bid after such specified, date. Accompanying this proposal is cash, a cashiers check, or a certified check of a bidder's bond fox not less than 10a of the total amount of the bid payable to the City which is to be forfeited, as liquidated damages, if, in the event the contractor does not execute the contract and furnish satisfactory bonds under the conditions and within the time specified in this proposal, otherwise said cash, cashiers' check, certified check, or bidders' bond is to be returned to the undersigned. within 15 calendar days after award of the contract, the City of Rancho Cucamonga will return the bidders bond accompanying such proposal not considered in making the award. All other bidders' bonds will be held until the expiration of 90 days from the date of the award of contract. They will then be returned to the respective bidders whose proposals they accompany. BIDDER: Siemens Mobility, Inc. 2500 Business Way Riverside, CA, 925011 Office (951) 784-6600 / Fax (951) 784-6700 IMPORTANT NOTICE: If bidder is a corporation, state legal name of corporation and names of the president, secretary, treasurer, a -rid manager; cc -partnership, state true name of firm and names of all individual copartners composing firm; or an individual, state first and last names in full. MI declare under penalty of perjury of the laws of the State of California the representations made herein are true and correct in accordance with the requirements of California Business and Professions Code Section 7028.15." 1042278 (Class A & C-10) 07/31/2020 California State Contractors License Number Expiration Date __............ _,.-._.._,_Preof-of-valid.-state-C-ontractors_L-icense-and DIRReg istration.attached towards -end........ of Proposal for review. P-10 Page 467 SIEMENS Bidd.er_A.�reement contzntted_�___.._..__ _ Steven Teal (Director of Service) 02/25/2020 Si - Name/Title Date r i - 1-hael J. Hutchens (Operations Mgr) 02/25/2020 Signaty e Name/Title Date Signature Name/Title Date Signature Name/Title Date Signature and title of the officer(s) set forth above shall be authorized to sign contracts on behalf of the corporation, co -partnership or individual_ if signature is by an agent, other than an officer of the corporation or a member of a partnership, a Power of Attorney must be on file with the City of Rancho Cucamonga prior to or at time of bid opening; otherwise the bid will be subject to rejection by the City of Rancho Cucamonga. See attached "Delegation of Approval Authority" P-13. Page 468 City of Rancho Cucamonga _-_ -- T-�ffic Signal -Battery Backup System Rep lacemen Fv-'1-9=2U roJec Time and Material Cost Sheet (per Section 915. Additional Work) li abor/Eauh ment Rates item bestri tion`: .. - Linn uanti Re" filar"Ti'tie Total Pace`. '. Traffic Signal Technician — IMSA level III HR 1 $132.00 $132.00 Traffic Signal Technician — IMSA Level I HR 1 $127.00 $127.00 Traffic Signal Electrician HR 1 $127.00 $127.00 Service / Utility Truck HR 1 $25.00 $25.00 Bucket Truck HR 1 $30.00 30.00 Materia[ & Other Relevant Material Cnzt4 Item Descri tion ,Unit'. Qu6ntily.,Unit Pace Total Pace": ` AC Conduit/wire LF 1 $0.40 $0.40 Other relevant material costs EA 1 $1.30 $1.30 Regular time hours are Mond The T&M Michaei.Hutchens Operations Manager i -s sh riday 7:30AM-4:30PM (excluding Holidays) will be fixed for the duration of the project contract. Date Page 469 A BIDDER INFORMATION The bidder shall furnish the following information. Additional sheets may be attached if necessary. NAME OF FIRM: Siemens Mobility, Inc. Type of Firm: Business Mailing Address: X Corporation 2250 Business W Riverside CA 92501 Place of Business: Riverside, CA, 92501 individual Partnership Telephone No.: 951 784-6600 Contractor's License: State: California License No. 1042278 Class A& C-10 Public works DIR No. 1000059$$0 (Expires 06/30/2020) Names and titles of all members of the firm: Nathanial Marc Buncher - CEO Shawn Friedman - Secretary Marsha Smith - CFO Marsha Smith - Treasurer See attached ""Delegation of Approval Authority" for Corporate Officers Number of years as a contractor in construction work of this type 1.5years*� Three projects of this type recently completed: Contract Type of Date Owner's Name & Address Amount Project Completed Trac Signal Battery Backup City of Rancho Cucamonga $279,000.00 Replacement FYI 8-19 11/25/2019 10500 Civic Center Drive Rancho Cucamonga. CA 91730 Traffic Signal Battery Backup City of Rialto $232,327.65 Replacement FY18-19 08/01 /2019 ISO S. Palm Ave. Rialto, CA 92376 Annual TS Video & Loop City of San Bemardino $358,460.00 12/31/2019 Detection Installation ServicesSan 290 North D St. Bernardino, CA 92401 A full list of References has been provided later in this document for your review Person who inspected site of the proposed work for your firm: Name: Michael J. Hutchens O erations Manager Date of Inspection: 02/06/2020 NOTE: If requested by the City, the. Bidder shall furnish a notarized financial statement, references, and other information, sufficiently comprehensive to permit an appraisal of his current financial. condition. ** 1.5 years as Siemens Mobility, Inc., 19 years under Republic Electric, Republic ITS, Siemens Industry, Inc., and 94 years globally . ^^^^ ^ ^ P-12 Page 470 SUBCONTRACTORS In compliance with Section 2-3 of the Standard Specifications and the Provisions of the Public Contract Code Section 4100, the undersigned bidder herewith sets forth the name, location of the place of business and California Contractors License Number of each subcontractor who will perform work or labor or render service to the general contractor in or about the construction of the work or improvement in an amount in excess of one-half of one percent (1/2a) of the general contractors total bid or, in the case of bids or offers for the construction of streets or highways, including bridges, in excess of one-half of one percent (1/2%) of the general contractors total bid or ten thousand dollars ($10,000.00), whichever is greater and the portion of the work which will be done by each subcontractor as follows: Subcontractor's Business License DIR Description of work and Name Address No. No. Percent (%) of Total Bid None needed for the Scope of Work, as written. Total , of the work to be performed by Subcontractors Listed above: 0 Effective July 1, 2014, the: bidder shall provide the California Contractor License Number of each subcontractor listed. New Section 4104 contains the following language. "An inadvertent error in listing the California contractor license number provided pursuant to paragraph (1) shall not be grounds for filing a bid protest or grounds for considering the bid nonresponsive if the corrected contractor's license number is submitted to the public entity by the prime contractor within 24 hours after the bid opening and provided the corrected contractor's license number corresponds to the submitted name and location for that subcontractor." P-13 Page 471 Ci�EtA°�"O�I-oF���IY,,1�� ;TTY-T�CONTRAC (Labor Code Section 1777.1; Public Contract Code Section 6109) The undersigned contractor, certifies and declares that: 1. The undersigned contractor is aware of Sections 1777.1 and 1777.7 of the California Labor Code, which prohibit a contractor or subcontractor who has been found by the Labor Commissioner or the Director of industrial Relations to be in violation of certain provisions of the Labor Code, from bidding on, being awarded, or performing work as a subcontractor on a public works project nor specified periods of time. 2. The undersigned contractor is not ineligible to bid on, be awarded or perform work as a subcontractor on a public works project by virtue of the foregoing provisions of Sections 1777.1 or 1777.7 of the California Labor Code or any other provision of law. 3. The undersigned contractor is aware of California Public Contract Code Section 6109, which states: "(a) A public entity, as defined in Section 1100 (of the Public Contract Code), may not permit a contractor or subcontractor who is ineligible to bid or work on, or be awarded, a public works project pursuant to Section 1777.1 or 1777.7 of the Labor Code to bid on, be awarded, or perform work as a subcontractor on, a public works project. Every public works project shall contain a provision prohibiting a contractor from performing work on a public works project with a subcontractor who is ineligible to perform work on the public works project pursuant to Section 1777.1 or 3777.7 of the Labor Code. (b) Any contract on a public works project entered into between a contractor and a debarred subcontractor is void as a matter of law. A debarred subcontractor may not receive any public money for performing work as a subcontractor on a public works contract, and any public money that may have been paid to a debarred subcontractor by a contractor on the project shall be returned to the awarding body. The contractor shall be responsible for the payment of wages to workers of a debarred subcontractor who has been allowed to work on the project." The undersigned contractor has investigated the eligibility of each and every subcontractor the undersigned contractor intends to use on this public works project, and determined that none of them is ineligible to perform work as a subcontractor on a public works project by virtue of the foregoing provisions of the Public Contract Code, Sections 1777.1 or 1777.7 of the Labor Code, or any other provision of law. The undersigned declare State of California that this 25th day of February_, of execution), California. s under penalty of perjury under the laws of the the foregoing is true and correct. Executed 2 o 20 , at Riverside (place Signa re NamE :Vichael_I _Hutchens Tit -le Operations Manager Name of Company: Siemens Mobility, Inc. P-14 Page 472 CERTIFICATION OF NON-DISCRIMINATION BY CONTRACTORS As suppliers of goods or services to the City of Rancho Cucamonga, the firm listed below certifies that it does not discriminate in its employment with regard to age, disability, race, color, religion, sex, sexual orientation or national origin, that it is in compliance with all federal, state and local direct=ives and executive orders regarding non-discrimination in employment; and that it agrees to demonstrate positively and aggressively the principle of equal opportunity in employment. We agree specifically: 1. To establish or observe employment policies which affirmatively promote opportunities for minority persons at all job levels. 2. To communicate this policy to all persons concerned, including all company employees, outside recruiting services, especially those serving minority communities, and to the minority communities at large. 3. To take affirmative steps to hire minority employees within the firm. FIRM: Siemens Mobility. Inc.. TITLE OF PERSON SIGNING: Michael—L-RuTcheng' Operations SIGNATURE; DATE: 02/25/2020 &_ e Please include any additional information available regarding equal opportunity employment programs now in effect within your firm. Siemens Mobility, Inc. is a Global Equal Opportunity Employer P-15 Page 473 NON-COLKOSION i7ECLTuRATION The undersigned declares: SIEMENS I am the Operations Manager4f Siemens Mobility, Inc. the party making the foregoing bid. The bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation. The bid is genuine and not collusive or sham. The bidder has not directly or indirectly induced or solicited any other bidder to put it a false or sham bid. The bidder has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or to refrain from bidding. The bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price of the bidder or any other bidder, or to fix any overhead, profit, or cost element of the bid price, or of that of any other bidder. A-11 statements contained in the bid are true. The badder has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents tbiereoz, or divulged information or data relative thereto, to any corporation, partnership, company, association, organization, bid depository, or to any member or agent thereof, to effectuate a collusive or sham bid, and has not paid, and will not pay, any person or entity for such purpose. Any person executing this declaration on behalf of a bidder that is a corporation, partnership, joint venture, limited liability company, limited liability partnership, or any other entity, hereby represents that he or she has full power to execute, and does execute this declaration on behalf of the bidder. I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct and that this declaration is executed on 02/25/2020 (date) , at Riverside (Ci ty) , California (state) . Signature Michael J. Hutchens Operations Manager F-16 Page 474 See comp[eted /executed Sid Bored on next page SIEMENS BID BOND KNOW ALLBY 'THESE PRESENT: THAT as PrrC nrp S, and as Surety, a e held and firmly bound unto THE CITY OF RANCHO CUCAMONGA, CQUNTY OF SAN BE ARDINO, hereinafter called the City, in the sum of dollars (not less than ten percent of the total amount of the bid), fo the payment of which sum well and truly to be made, we bind ourselves, our irs, executors, administrators, successors, and assigns, jointly and severa ly, firmly by these presents_ WHEREAS, said Princi 1 has submitted a bid to said City to perform all work required under the Co Tact Documents entitled: "TRAFFIC SIGNAL BA ERY BACKUP SYS'T'EM REPLACEMENT FY 19-20 PROJECT" NOW, THEREFORE, if said incipal is awarded a contract by said City and, within the time and in the er required under the headings "Instruction to Bidders" and "Schedule of U 't Cost and Lump Sum Amounts" bound with said Specifications, enters into a ritten contract on the form of agreement bound with said Specifications and f nishes the required bonds, one to guarantee faithful performance and the othe to guarantee payment for labor and materials, then this obligation, shall be nul and void, otherwise it shall remain in full force and effect. In the event s 't is brought upon this bond by said City and judgment is recovered, said sur ty shall pay all costs incurred by said City in such suit, including a reaso ble attorney's fee to be fixed by the court_ STONED AND SEALED, this day of \ 20 (Seal) Business Name of Bidder (Principal) By: By: (Signature) Title: Title: s Name of Surety Signature Individual Partnership Corporation Other, explain P-17 (Seal) e 475 Bond No. 79434-CHU-20-16 BID BOND KNOW ALL MEN BY THESE PRESENT. THAT Siemens Mobility, Inc. as Principals, and Federal Insurance Company, 202B Halls Mill Road, Whitehouse Station, NJ 98889 as Surety, are held and firmly bound unto THE CITY OF RANCHO CUCAMONGA, COUNTY OF SAN BERNARDINO, hereinafter called the City, in the sum of Ten Percent of Amount Bid (10% of Amount Bid) dollars (not less than ten percent of the total amount of the bid.), far the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors, and assigns, jointly and severally, firmly by these presents. WHEREAS, said Principal has submitted a bid to said City to perform all work required under the Contract Documents entitled: "TRAFFIC SIGNAL BATTERY BACKUP SYSTEM REPLACEMENT FY 1.9-20 PROJECT" NOW, THEREFORE, if said Principal is awarded a contract by said City and, within the time and in the manner required under the headings ".Instruction to Bidders" and "Schedule of Unit Cost and Lump Sum Amounts" bound with said Specifications, enters into a written contract on the form of agreement bound with said Specifications and furnishes the required bonds, one to guarantee faithful performance and the other to guarantee payment for labor and materials, then this obligation shall be null and void, otherwise it shall remain in full force and effect. In the event suit is brought upon this bond by said City and judgment is recovered, said, surety shall pay all costs incurred by said City in such suit, including a reasonable attorney's fee to be fixed by the court. SIGNED AND SEALED, of February , 20 20 Siemens Mobility, Inc. l.siress Name By: gnature) Title: � .7 Vit.�c�F}� 7 PC 4Ns M Individual Other, explain ,(`Sea 1) ipal) Federal Insurance Company (Seal) Business Name of Surety By: Signature) Ti tl ; essica Iannotta, Attorney -in -Fact Partnership X Corporation Page 476 CALIFORNIA ALL - CERTIFICATE OF ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of , rn r C-� County of Cyr,,r�,oQ� ) On'Ft-� 1clo before me, �,Ae, 11S:Se-_ M •Tc , Notary Public 1 era lnsen name ano HE 01 thea cert personally appeared 1 AAs( . 4S. S who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/ark subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/I eft€ir authorized capacity(ies), and that by his/h,�/tkigi-r signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. MELISSA M.TORNA WITNESS my nd and official sea[, cjo NotaryPubfic- ca!i`prnia � RiversideCovey $ Commission Covmy 03 My Comm. Expires May 28, 2021 Notary P tic Signa ure (Notary Public Seal) My commi ion Ex ties: INSTRUCTIONS FOR CO-NIPLETING THIS FORM ADDITIONAL OPTIONAL INFORMATION This farnr cnrnplies frith current Culifornia statutes regarding notary wording and, DESCRIPTION OF THE ATTACHED DOCUMENT ffneeded• should be completed and attached to the dorutnent. Aeknowledgmenrs from other states may be completed for documents being sent to that state so long as the wording does not require the California notary to violate Califarrria notary — _-- law {Title of description of attacfted document) • State and County information must be the State and County where the document signer(s) personally appeared before the notary public for acknowledgment. (Titie or description of attached document continued) • Date of notarization must be the date that the signcr(s) personally appeared which must also be the same date the acknowledgment is completed. • The notary public must print his or her name as it appears within his or her Number of Pages Document Date commission followed by a comma and then your title (notary public). e Print the name(s) of document signer(s) who personally appear at the time of notarization. CAPACITY CLAIMED BY THE SIGNER • Indicate the correct singular or plural forms by crossing off incorrect forms (i.e. 0 Individual (s) #seishe.'tivey- is,are ) or circling the correct farms. Failure to correctly indicate this information may lead to rejection of document recording. C1 Corporate Officer • The notary seal impression must be clear and photographically reproducible. Impression must not cover text or lines. If seal impression smudges, re -seal if a (TT t e) sufficient area permits, otherwise complete a different acknowledgment form. © Partner(s) • Signature of the notary public must match the signature on file with the office of 3aalrional mtormatton is not required but could help to ensure this © Trustee(s) acknowledgment is not misused or attached to a different document. E] Other Indicate title or type of attached document, number of pages and date. Indicate the capacity claimed by the signer. If the claimed capacity is a corporate officer, indicate the title (i.e. C1= -o, CFO, Secretary). Securely attach this document to the signed document with a staple. Page 477 v r'� 11_ � f v_► �.I �A l r� ,M 1� L.-.....�.�I�t�� r CERTIFICATE OF ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of New Jersey County of Morris On February 25, 2020 before me, Kristin S. Bender Notary Public Mere knsen name ana title ot the a car) personally appeared Jessica lannotte who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/&m subscribed to the within instrument and acknowledged to me that he/shelth" executed the same in Wslher/baek authorized capacity(ies), and that by hisfherfte�r signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct, WITN -SS my hand and official seal, a 1:f2i5TlE l s ra=i oEe NOTARY PUSL€C-.STATE OP NEW JERSEY :i My CCivlivilSS4Otl EXPIRES t a, Arai;_ 21 7g21 a — — Nota Lt lEC a (Notary Public Seal) MyjCommission Expires: April 21, 2021 ADDITIONAL OPTIONAL INFORMATION INSTRUCTIONS FOR COMPLETrNG THIS FORM 77ris form complies svuh current California statures regarling nntury;vordinR and, DESCRIPTION OF THE ATTACHED DOCUMENT lfneeded, should be completed and attached to the document Acknowiedgments from other states mw he completed for documents being sent to that ;tete so long as the warding does not require the California notary to violate California notary, hnv. (T€Ue or description of attached document) • State and County information must be the State and County where the document signer(s) personally appeared before the notary public for acknowledgment. (Title or description of attached document continued) • Date of notarization must be the date that the signer(s) personally appeared which must also be the same date the acknowledgment is completed. • The notary public must print his or her name as it appears within his or her Number of Pages Document Date commission followed by a comma and then your title (notary public). • Print the name(s) of document signers) who personally appear at the time of notarization. CAPACITY CLAIMED BY THE SIGNER • Indicate the correct singular or plural forms by crossing off incorrect forms (i.e. 0 Individual (s) 4eisht4key--is rare) or circling the correct forms. Failure to correctly indicate this information may lead to rejection of document recording, © Corporate Officer • The notary seal impression must be clear and photographically reproducible. Impression must not cover text or lines, If seal impression smudges, re -seal if a (Title) sufficient area permits, otherwise complete a different acknowledgment form. 0 Partner(s) • Signature of the notary public must match the signature on file with the office of ---y " Additional information is not required but could help to ensure this p Trustee(s) acknowledgment is not misused or attached to a different document. Other Indicate title or type of attached document, number of pages and date. Indicate the capacity claimed by the signer. If the claimed capacity is a corporate officer, indicate the title (i.e. CEO, CFO, Secretary), - Securely attach this document to the signed document with a staple. Page478 Power of Attorney Federal Insurance Company I Vigilant Insurance Company I Pacific Indemnity Company Know Ail by These Presents, That FEDERAL INSURANCE COMPANY, an Indiana corporation, VIGILANT` INSURANCE COMPANY. a New York co orad ——iNDE�1NiTi CO a rsconstn corporation, o eac ere y cons€imte and appoin€Annette Audinot, Kristin S. Bender, Jessica lannotta, Kelly O'Malley and April D. Perez of Morristown, New Jersey; Megan Schlueter of Raleigh, North Carolina each as their true and lawful Attorney -in -Fact to execute under such designation in their names and to affix their corporate seals to and deliver for and on their behalf as surety thereon or otherwise, bonds and undertakings and other writings obligatory in the nature thereof (other than bail bonds) given or executed in the course of business, and any instruments amending or altering the same, and consents to the modification or alteration of any instrument referred to in said bonds or obligations. In Witness Whereof, said FEDERAL INSURANCE COMPANY, VIGILANT INSURANCE COMPANY, and PACIFIC INDEMNITY COMPANY have each executed and attested these presents and affixed their corporate seals on this tad day of October, 2019. lttv;n 11 t;itlrx�v,,:},.�i,t:m[�Lrrc[:u'1 STATE OF NEW JERSEY County of Hunterdon Ss. Nlephcn 11 Ikln��.ltcct On this tad day of October, 2039, before me, a Notary Public of New Jersey, personally came Dawn M. Chloros. to me known to be Assistant Secretary of FEDERAL INSURANCE COMPANY, VIGILANT INSURANCE COMPANY, and PACIFIC INDEMNITY COMPANY, the companies which executed the foregoing Power of Attorney, and the said Dawn M. Chloros, being by me duly sworn, did depose and say that she is Assistant Secretary of FEDERAL INSURANCE COMPANY, VIGILANT INSURANCE COMPANY, and PACIFIC INDEMNITY COMPANY and knows the corporate seals thereof, that the seals affixed to the foregoing Power of Attorney are such corporate seals and were thereto affixed by authority ofsaid Companies; and that she signed said Power of Attorney as Assistant Secretary of said Companies by like authority; and that she is acquainted with Stephen M. Haney, and knows him to be Vice President ofsaid Companies; and that the signature of Stephen M. Haney, subscribed to said Power of Attorney is in the genuine handwriting of Stephen M. Haney, and was thereto subscribed by authority of said Companies and in deponent's presence. Notarial Sea] 6iAgy KATHERINE J. ADELAAR icy a NOTARY PUBLIC OF NEW JeRZEY {pUBLIc �k'�EfiSE� No 2319585 CommravOn Expires July 16. 2C244�511rary Puhlic CERTIFICATION Resolutions adopted by the Boards of Directors of FEDERAL INSURANCE COMPANY, VIGILANT INSURANCE COMPANY, and PACIFIC INDEMNITY COMPANY on August 30, 2016: "RESOLVED• that the following authorizations relate to the execution, forand on behalf of the Company of bonds, undertaking, recognisances. eommcrs and other written commitments of the Company entered into in the ordinary course orbusiness (each a -Written Commitment")r (1) Each of the Chairman, the President and the Vice Presidents or the Company is hereby authorized to execute any Written Commitment for and onbehalroftheCompany. under the seal orihe Company or otherwise. (2) Each duly appointed artornerin•fact of the Company is hereby authorized to execute any Written Commitment for and on behalf of the Company, under the seal of the Company or otherwise, to the extent that such action is authorized by the grant of powers provided for in such person's written appointment as such attorney-indact. (3) Each of the Chairman, the President and the Vice Presidents of the Company is hereby authorized, for and on behalf of[heCompany, toappoint inwriting any person the attorney- in-fact of the Company with full power and authority to execute, for and on behalf of the Company, under the sea] ofthe Company orotherwise. such WriaenCommitments ofthe Company as may be specified in such written appointment. which specification may be by general type or class of Written Commitments or by specification of one or more particular Written Commitments. H) Each of the Chairman, the President and the Vice Presidents of theCompanyisherebyauthorized,forandonbehalfoftheCompany,todeiegateinwritingtoanyotherolFcerofthe Company the authority in execute, For and on behalf of the Company, under the Company's seal or otherwise, such Written Commitments of the Company as are specified in such written delegation, which specification may be by general typeor dassor Written Commitments or byspecllirationofoneormore particular Written Commitments. (5) The signature of any officer or other person executing any Written Commitment or appointment or delegation pursu3nitDihis Resoludon.and (heseaLafthe Company. may beaffixed by facsimile on such Written Commitment or written appointment or delegation. FUR'fHERRESOLVED. that the foregoing Resolution shall not be deemed to be an exclusive statement of[be powers and authority ofofficememployees and other persons To act forandonbehalfof the Company, and such Resolution shatl not limit or otherwise affect the exercise of any such power or authority otherwise validly granted or vested. - I, Dawn M. Chloros, Assistant Secretary of FEDERAL INSURANCE COMPANY, VIGILANT INSURANCE COMPANY, and PACIFIC INDEMNITY COMPANY (the "Companies") do hereby certify that (t) the foregoing Resolutions adopted by the Board of Directors of the Companies are true, correct and in full force and effect, (ii) the foregoing Power of Attorney is true, correct and in full force and etfecL Given under my hand and seals ofsaid Companies at Whitehouse Station, NJ, this February 25, 2020 «n,�> •,`•° [r-n:n Il t:hha•tn..l�,iw:mt��L•r�1:lr}' [N'!1-tE EVEM' YOu W l5H To VERIFY'I'HE hLFI'FiEN7'It:;'t'Y OF'l'1i15 EONll OR NO'T'IFY US OF:tNY OTHER 1M'ri'!R. PLEnSECON'1'nCP Us n'r: 'feiephnne(908)963.3493 F�s(908)9n3.365tS e-mail surerytachubh.rom FED- VIG-PI (rev. o8-18) Page 479 Ei]EI�ACIP�N��bl1i�A Y STATEMENT OF ASSETS, LIABILITIES AND SURPLUS TO POUCYHOLDERS Statutory Basis DECEMBER 31, 2018 (in thousands) ASSETS Cash and Short Term Investments United States Govemment, State and Municipal Bands Other Bands Stocks Other Invested Assets TOTAL INVESTMENTS Investments in Affiliates: Great Nodhem Ins, Co. Vigilant Ins. Co. Chubb Indemnity ins. Co, Chubb National Ins. Co. Chubb European Inv. Holdings, SLP Other Affiliates Premiums Receivable Other Assets $ (360,335) 5,738,426 3,916,616 100,774 959.127 10,354,608 384,987 333,743 176,202 176,647 120,469 99,299 1,281,368 2,762,308 LIABIU77ES AND SURPLUS TO POLICYHOLDERS Outstanding Losses and Lass IE"nses Reinsurance Payable on Lasses and Expenses Unearned Premiums Ceded Reinsurance Premiums Payable Other Liabilities TOTAL LIABILITIES Capital Stock Paid -In Surplus Unassigned Funds SURPLUS TO POLICYHOLDERS S 6,523,482 1,490,981 1,914,190 405,271 565,865 10899.789 TOTAL ADMITTED ASSETS $ 15,689,637 TOTAL LIABILITIES AND SURPLUS Investments are valued in accordance with requirements of the National Association of Insurance Commissioners, At December 31, 2018, investments with a carrying value of $566,806,856 were deposited with govemmerd authorities as required by law. STATE OF PENNSYLVANIA COUNTY OF PHILADELPHIA John Taylor, being duly sworn, says that he is Senior Vice President of Federal Insurance Company and that to the best of his knowledge and belief the foregoing is a true and—co4rrectstatement a the said Company's financial condition as of the 31 st day of December, 2018. Sworn before me s r�Lt enierViice• .stdent �`� Notary Public My comnjssion expires COMMONWEALTH OF PENNSYLVANIA NOTARIAL SEAL Diane Wright, Notary Public City of Philadelphia, Philadelphia County My Commission Expires Aug, 8, 2019 MEMBER, PENNSYLVANIF ASSOCiATI¢N OF NOIARI 20,980 2,711,474 2,057,368 4.789.642 Page 480 Proof of valid Contractors License and DIR Registration SIEMENS httpssalwww2.csib.ca.gov/onlineservices/CheckLicen „?LicNum=1042278 - nsel[ILicenseDetaii.aspx,..__,,.__ Contractor's License- Detail for License # 1042278 Business r i SIEMENS MOBILITY INC 1028 E LACY AVE ANAHEIM, CA 92805 Business Phone Number:(714) 458-1534 Entity Corporation Issue Date 0712512018 Expire Date 0713112020 This license is current and active. All information below should be reviewed. ClassificafionS O C10 -ELECTRICAL o A - GENERAL ENGINEERING CONTRACTOR Detail: Registration History Registration Number. 1000059880 Effective pate Expiration Date Status; Active CSLB NOmber. 1042278 71112019 513012021 Legal Entity Type: Corporation 713012018 6130/2019 - ANAH£SM CA 92805 County: Orange Page 481 Staff Certifications per Section 903 f iinsothytVatker,Ti- Mr. Walker has over 23 years of experience in traffic signal maintenance, with extensive experience on all types of traffic signal systems. He has experience in all video detection systems, communications and all other aspects of traffic signal maintenance, troubleshooting and repair. His knowledge of the City's Traffic Signal Systems is unsurpassed. Tim will be available as a technician for the City and will be involved as needed. Experience: 41MM - Traffic Signal Technician, Siemens -2010to Present roe.rrs �rueuc sucrr - Traffic Signal Technician, Republic ITS - 2002 to 2010 {arq [:ed by semens in wiQl - IMSA Work Zone Safety - Traffic Signal Technician, Computer Service Corporation ,1996 to 2002 IMSA Level I, Il, Senior Field Technician - TrafficSignalMaintenance Supervisor, Computer Service Company -1987 to 2001 Level III Other Industry Certifications: - NEC Certified • Cert. No. E -126754-G • Expires 09/19/2021 - Econolite ASC3 Controller Certified - Econolite Autoscope Certified - Bucket Truck Certified - ATSI CMU/MM U Test Equipment Certified Minh Tran, Enginee ring Technician/ Lab Manager Minh has 32 years of experience in the traffic signal systems industry. Minh provides technical support assistance for our Traffic Signal Technicians and is responsible for our local test and repair laboratory. Minh also has extensive knowledge in the installation, diagnosis, and repair of CMS and CCTV systems, and is proficient with fiber optics terminating, splicing and testing. Minh also received an Associate's Degree in Electrical Engineering from Cal State Fullerton. Experience: - fffi Engineering Technician, Siemens - 2010 to Present Y—P��,rusucsAfif Engineering Technician, Republic ITS - 2006 to 2010 tac„ctred by Sternen: in 20-10) - IMSA WorkZone Safety - Foreman/SeniorTrafc Signal Technician, Republic ITS - 2001 to 2006 - IMSA Level I, II, Ill Certified Traffic Signal - TrafficSignalMaintenance Supervisor, Computer Service Company -1987 to 2001 Technician - IMSA Level III Certified Bench Traffic Signal Bench Technician - I MSA Traffic Signal Inspector Other Industry Certifications.- ertifications:- -NEC Certified • Cert. No. E -128510-G ■ Expires 11/29/2021 - Econolite ASC3 Controller Certified - Econolite Autoscope Certified The above noted team is the same crew that successfully completed the Traffic Signal Battery Backup System Replacement FY 18-19 Project, last year. Copies of certificates can/will be provided upon award of contract and request from the city Page 482 SIEMENS Cerilfication iex�iras Traffic Signal Inspector 6111!2020 TrafficSignalSeniorReldTech Level M] 6111/2020 i Page 483 597 Haverty Court, Suite 1Do Rocidedge, Ft. 32955 321-392-0500 rn8lIlber8hip@lMSAsefety.org W&W 11 VISAsat'ety.org Name Timothy D. Walker DMSA Ib# 55921 Section, Far Western Signature, SIEMENS Cerilfication iex�iras Traffic Signal Inspector 6111!2020 TrafficSignalSeniorReldTech Level M] 6111/2020 i Page 483 A 597 Haverty Court, Suite 100 Rod-Jedge, FL 32955 321-392-0500 membership@I MSAsafety.org www.IMSAsa€ety.org Name Minh N. Tran IMSA ID# 18309 Section_ Far Western Signature: Certification Expires Traffc Signal Inspector IIfU2021 Traffic Signal Senior Bench Tech Level Ili 111112021 SIEMENS Page 484 References (Page 1 of 3) Page 485 on -Call Traffic5ignal - .. Alhambra, Cit I City. 111 South F'nat St Maimmance Ed Wright (626) 570-5062 EWRFGHTQdtyolaaaaraara.org tun --P7 Ongoing 515,000.00 Anaheim, City of 2015outh Anaheim Boulevard Suite On-Ul Traffic5ignal John Thai �� (71a)7fi5.5202 jthal�arranerm.rret 502 Anaheim, CA 92805 Maintenance Ca -04 Ongoing S1.Oe0,00o00 leH Swanson (714) 412.9233 jsvrartson�anaheirn.rrat A le Valley, Town of PP Y 14955 Date Evans Pkwy Traffic Signal Maintenance Mike Cadey (7611) 240-7000 mcady�applevaftey.ag Oa -04 Ongoing 5183,395.00 Appte Valley, CA 92307 eat.7576 Arcadia, Ci of N 11800 Goldnng Road On -Call Traffic Signal Arcadia, CA 91066 Maintenance Tyler Polido. (626)256.2710 tpalcort iaraadlaw.gw 0tl-04 Ongoing S44,470.00 Artesia, City of 18747 Clarkdale Ave Traffic Si na))aaintenance 9 (562) 865-6262 Dec -97 Ongoing $25.000.00 Anesia. CA 9070F 213 E Fcothills Blvd. Azusa. Ci f City Traffic Signal Maintenance Daniel Bobadilla (626) 812-5264 dbatadBa&iaztssa.ca.us Sep -68 Ongoing 565,000,00 Azusa, G4 91702 8annln Ci at 9 tY 99 Ramsey Street Traffic SigMaintenance lavrie Sampson 15511 922-3139 Isampsongq.banni0g.ca.us Feb -96 Ongoing $25,000.00 Banning, CA 92220 Barstow, Cit of Y 220 East Mountain View St.3uitc A TralGC Signal Mahntenancc Tom Alva (764)255-5141 laNa�har4tOw[A.org May -11 Ongoing $245,670.00 Barstow, CA 92311 Ca! Paiy Pomona West Temple Avenue Tra3ioc Signal Maintenance Christopher N artit (909)869.5267 ri0ams�epp-edu 1.1-10 Ongoing $1.000.00 Pit PG -ria. Ca. 91768 100 Civic Center Way asa Calabasas, City { t)'o Traffic Signal Maintenance Chan (818)224-1600pUsa+�r3tyzsiwfahasas.cam Jun -11 Ongoing 534000.00 Calabasas C0. 9E3P2 Cali -ii. Ci of City 908 park Avenue Traffic Signal Mainienanm Margaret Monson (909) 795-9801 pwoMS@.ityot-J1,n s,net Oe -04 Ongoing 525,000.00 Cali-, CA92320 cac235 Carfsbad, City of 111011Ave Conlr4ct Repair Work As 10isiIse (760)602-7504 Idaug.b3se@cansbadm.gov m.g0v Carhbad. CA 92006 Needed Apr -IB ngoing I TBD Tam Tran (760)602-2736 lam.aart�®rLsbadea.gov 13220 Central A-ry Chino. Ci of Traffic Signal Maintenance Mario Hares (9091591-96299 luI-12 Ongoing $9F8,374.00 China, G 91710 Callon, aty.1 650 No La Cadens D. -Yo Traffic Signal Maintenance Victor Orsiz (909)370-5065v0atiz�eWtanea.gov Jul -08 ongoing $87,1211.08 Colton. CA 92325 Cammette.Cit f Yu 2535 Commercr Way Traffic Signal Maintenance Gina iExt f3Z3)7224ROS ginartoe.mmmemesa-us Oct -04 jjj Ongoing 554,000.00 Cummcrce,CA9G040 2839 Carona, Ci I City 400 South Vimatia Ave "Tnific Signal Corona, CA 92882 MI2n Maintenance Gahriel Hernandez (451)903-9286 gahrieLh¢rrtaMoz@eamnsra.gw Apr•04 Ongoing $125,000,00 Carunade, Cityaf 1825 5mnd Wa Y Traffic Signal Mainecnance Ed Walton (619) 522.7385 awalto r�eomrad0.m-us Coronado, CA 92118 Nov -17 Ongoing 325,m000 Dave lahnso IS -)522-2425 dal-900mnudo-�.un Costa Mesa, Ci of ty PO Box 1200 Traffic Signal Maintenance Mike Sampson (714) 7 54 5017 micaae#samps0n@wstamesam.gov Mar -11I Ongoing $347,016.00COSTA MESA CA 92626 Cudahy, City of 52205anta Anna Street Traffic Signa€&Streetlight Aaron Hernandez- (323)773.5143 Cudahy, CA 76201 Maintenance To-xc ahemandez�c8yufrydahycagw 228 tun -85 Ongoing --ff.00 Dana Point CitI Yo 33282 Golden Lantern Traffic Signal Maimcmnea Matl inacari (949)248.3574 msinAConadanamuritotg Ju1-02 Ongoing 535,000.00 Dana Paint CA 92628 D -it Hots 1111111 pimgs, City of INd Traffic Signal Main[anmre Scor. Wittig (760) 329.641I IsvnBiggdt)gftlhs.wg Ma' -11 Ongoing 54,000.00 Desert Hot Springs. CA 42240 Diamond Bac. City of 21825 E Copley Drive Tratfie Si I Maintenance David U. (909) 839.7041 Of &iamnrWbarw-gov Diamond Bar. CA 91765 gna Sep -00 Ongoing szsuf:0.00 Christian Malpin 1909]839-7042 CMalpsa�tliamondbsra.gav EI Caen Ci of 1 City 200 E Main Sc SL 11111-11 Contract/ Na E4 Cajon, CA 92020 Maintence az this Sime Ma.. Sanchez (619)441.1651 msattchez�cityafelmjewa Aprye Ongoing 538,995.00 El Monts, Cityel 3527 Santa Anita On•Cal€Trallic Signal E3 Monte, CA 9173F Maintenance Vincent 1(626)580.6255 meez�elmomew.gw Dec -17 Ongoing 525,000.00 Fountain Valley. City of PO Be. 8030 gna Traf1i Signal Maintenance Tenn. Gal- (714) 5934517 [¢mo,gataaz®Ioumaasva0ey.org Fountain Valley, CA 92728 On -DO Ongoing $11111.000.411 John Nguyen (714)593.4443 jahrtrguye{ountainv00rY-olg Fullerton Ci f tyo 303 W Commonwealth Traffic signal MaintenanceDave iangstaf! (714)736.6858 Itla,ml@u.lmlenaata.tss Apr -38 I Ongoing 5125,400.00 Fullerton, CA 92832 Garden Grove,G of tY PO Boa 3070 fln•LallTralfic Signa€ Garden Grove, CA 92840 Maintenance JaseVasquez (714)719.0278 j0sevp)rigaMen-gro+n.ca.ua Feh•12 Ongoing 5300.000.00 Gardena, City of 1709 West 162nd Street On-Lalliralfic Signal Gardena, CA 90247 Maintenance JOn Felix (350)217.9642 jfeli>r�+ci.gardena.ca.us Sep -48 Ongoing 55,000,00 633 East Broadway, Room 300 Glendale, Cit f yo TrallicS gnat Maintenance Pasmr Casanova 816.5483945 IpCasanova@Gl¢ndaeea.gov lub118 Ongoing S941,0110.00Glmdalc. CA 91206 n Bax 3519 Golden Rain Foundation Traffic Signal Maintenance Mark Weaver ($62)431.6536 markw@W b.wm Oec-91 Ongoing 55,000.00 Seal beach, CA 90790 1315 Valley{hive On -Call Trallic Signa( Hermosa Heath, Cit f City Ells Freeman (310) 313-0Z$5 efreemair;�0ennosabcJ[,0rg Sep -98 Ongoing 33,000.00 Hermosa Beach CA 90354 Maintenance Hesperia, City of 15776 Main Street On•Cali Tralfic Signal Hesperia, CA 92345 Maintenance Scott Smith (760)9<7-1814 ssmiNagptyofiesper®.us Jul -03 Ongoing 3L5.000.00 Hi hland, cit of 9 Y 27215 Bate Line Traffic Signal Maintenance Cados Zama- (909) 965.8732 mmano9cityofhghlantl.ag Jvl-02 OngOlng "S.-O"Highland, CA 92346 ext. 254 Huntington Beach. City of 2000 Main St 5treetli ht Maintenance 9 Bab Stacheiski 17141536.5523 hctasElelsk�lsurtcityhh.org Jul -S7 Ongoing $2 _SO.P00.OP Huntington Beach, CA 5254fl Indio, City of 93-101 Avenue 45 On -Call Traffic Signal Indio, CA 92261 Maintenance Rinrdo Mercado (760)625-1817¢rmdo@'rcWn,Org Ju1-06 Ongoing 525,000.00 frvina, City o f 6427 Oak Canyon A3 Traffic Signa}Maintenance Loan Nguy" (949) 724-6000 tnguyers�tl."aYmc.ca.us Irving CA 92618 Si Ongoing 5850.826.00 Dave Flanagan (949)724.7684 Idia9arQU.krvine.ea.sn La Hahra £itv of -- 29.1 West La Hahra Blvd - ........ .. ira)6c5700a3:Ria- Mtat:,.tmdBll7c'-15625383.. r°P�trt+k�faha6raca. -luF-10--Ongoirg- - 91�.... L. Hahra. Ca 90633 La Puente, Ci of City 15900E Main Street Traffic Signal Maintenance Ricardo Cafrilla (626)855-FSou crani IapueMe.orq 1-0505 Ongoing 555,000.00 In Puente. CA 91744 Page 485 SIEMENS References (Page 2 of 3) Page 486 .. �•� _ - �� " . ti :. '' �- La Quints, Gt of Y 78.495 CaIIcT pkc On-Cal€Trallic Signal _ 22158 a Kris Gun[erson (760}777-1x51 kguNer-.on@layuinta.org Sep -OB ongoing $1.00.00 Laguna 8eath, Cit of 9 Y $05 Forest Ave iaguna Beach. CA 92651 SL Maintsnce Wade Brovn (949)497.0360wOmwn�lagvnabeach48y.»ei Frh-18 Ongoing 546,000.00 Laguna Niigue(, Cityof 36111 Craw. Valley Pkwy 7raftic Signal Maintenance }}} Edgar Abrencia (949)362.4338 Eahrenqu 0 QcsSv agunaiaguelorg Nov16 I tlngoing 5165,004.00 Laguna Niguel, Cl192877 24300 Narbonne Traffic Signal & Streetfigh[ Lomita. CA 90717 Maintenance Virginia {ortz (1101 325.4830 v,brzoEomBattty.cam Feh•03 ( Ongoing 55.000.00 EM.yw..d, 23815 Stuar[ Ranch Road Traffic SignaE Maimenance (1101456.2489 Travis Hart tnad�malibvoty.org May -96 Ongoing $7,920.00 Malibu, G 90261 eat 341 4319 East Siauson Avenue Maywood, CA 40270 "I'llSignalMaintenance Art Ramirez I(310)562-5723 artramirez@ctyelmayw°od.org Aug•79 Ongoing 520,00000 Monrovia, City of 1005o1(1 1110m,in Avenue Tra{fie Signal Maintenance (626)932-5522 Monrovia. CA 91016 IS—Sunivan ssu8tran�cimorcuda.ra.us Jul -87 Ongoing 520,000.00 Montebello, Ci of h 1600 West Beverly Blvd FraNc Signal Matnlenance Sam Kaun (323)887-1462 SkourigDgtyalmaMebnita eom Sep -99 Ongoing 5150.000.00 Montebello. CA 40540 Moo ark Ci al City 799 Moorpark A—m Moorpark. CA 93021 Traffic Signal Maimeraance AshraF Rostam (805)205•$669 Amstam@Mnprparf[CA.gw Jul -87 Ongoing $20.1)00.00 New n Reach, City.[ P° Y 3300 Newport 111 rid Trak Signal Maintenance III Bryan loo (999}644.3324 bWa&-newporttreattra.gov OaA4 Ongoing 5280,000DQ rlwpaat Beach, CA 92663 Beach, City of PO Bos 1768 Streetlight Maintenance Jim Auger (949)604-3324 jauger�nuwportbeacta-a,gw Newport Beach, CA 92660-3267 Aug-17 9- 17Ongoing SZBO.00O,OQ Dave lthikawa (9491718.3431 di Nle; waQnuvrp°rtbeacftmgm Nareo, Ci of 23' 1281 Fifth Street Norco, CA 92860 Tralfic SignaE Maintenance Chad Fla. (9 5 11 270-5678 c0laisntLa —ca.us C-06 Ongoing 525,000.00 Ontario, G'i f Y° 303 E. B Street Ontario. CA 91764 Tralfic Signal Mairtenahec Johnson Hua (909)395.2131 111uaffiontark—gw Ju606 Ongain4 5497,124.50 Ontario, Ci City of 303 6 R Streif Chian., CA 91764 Streetlight Maintenance Patri4k Malloy I(909) 345.2612 pma8oy@onLnmrr.gw 0R04 Ongoing 5368485A0 Orange,Cit t Y° 637 W. Struck Orange. CA 92867 On CaII TS Maintenance Jimmy Rocha (714)981-9567 jrochn@calyoloange.arg Apr -11 ongoing $40,(100.00 Orange Caunry 550 South Main S[reet Trans.°ttation Authority Orange, CA 92663 Ca]I fias Mairdenance PaWrk Sampson (7141560-5425 psamps n@-ta..t Jul -09 Ongoing 5300,000.00 palm Aeser[. Ci of City 73510 Fred Waring Dr'wo Palm Desert CA 92200 Traffic Signal Maintenance Robert Becerra (760)346.0611 rbecohh@CityolPalmdama org Feb•06 O.going 5100,000 rap Placentia. Ci nl City 402E Chapman Ave. Placentia, CA Traffic Signal Maintenance Rwty Beartlsly (714) 992-7990Av9-I2 Ongoing S125,004,00 42870 Pam Hueneme,Cif tY° 146 ind-Wid Ave port Hueneme. CA 93041 Tralfic Signal Maintenance ! Terri Padilla 16051 gab -6577 LpaaxSa ietyvlpndhu.neme.org J°I-36 Ong°Ing $25,000.00 14467 Lake Poway Road Park lighting Otem i5) Diane Mann E85®) 668.4717 dmarvpoway,org Poway, City of Poway, CA 92064 Steers Lighting {item 101 Mona Valentin�p AoigJul-l3 o (858) fi6B•4704 dralentno owa On 33a0,p4p.00 7rafYc Signals Qt— 5] Mike Berns {8591 SSE•4738 mbemd�paway.org R—ho Cutaman Ci f ga, rya 10500 Civic Center. Dr. Traf{c Signal Maintenance Pat Gallagher (909) 477-2740 ext Ipai. 6a her�csyol 9° 9 rc.us Oct -Oa Ongoing 5828.059.00 Rancho Cucamonga, CA 91729 4109 Ranch. Mira Ci of Mirage, City 69-825 Highway 111 Traffic5ignal Maintenance {7601343.0565 Justin Ruberg justirc�mn omiragew.gav May04 Ongaing 570.000.00 Rancho Mirage, CA 92270 Fxt. 532 Rancho Santa Mu arta, Cit ( 4 Yo 22112 0 Paseo Rancho Traffic Signal Maintenace (9491635.1800 TerryGregory a7@citYolrsm.org Itgrag Aug -16 Ongoing S161,139.0n Santa Margarita. CA 92688 B"'6102335 Rialto,Cry of W, Rialto Ave (909) 820.757$ Riilto,Ca. 92376 LEO Streetlight Cunvenion Aazamlabsheh ajabsheh rialto.. ov Z2482 9 May -17 Ongoing 51,420,230.54 Rollin Hiis Estates, Cat { Rolling Y ° 4095 Palos Verdas Drive N. Rolling HEIEs. CA 90274 Traffic Signal Maintenance Greg Grammer [1F0j 377-3577 gregg�c{meirg-ndlsestalea..us Feb -99 Ongoing $50,00000 San Bernardino Waste 222 West Hospitality San Bernardino, Traffic Signal Maintenance Steven Thain (909)386.9097 sleve.mom�tlpws0wunty.gw Nev-08 0"...9515,000.00 CA 92415 San Fernando, Cil of Y 117 Macneil Street On,W1 Traffic Signal San Fernando, Ca, 9134a Maintenance Michael Walker (818)898-1297 6lwa1ke sf ' r� cRy.mg OC -04 Ongoing On oin 555,00Q.46 San Marina, City of 2200 Huntington Drive San Marino. CA 91102 Trallic Signal Maintenance Dean V7emer (626)950-1889 Dwu—@iSanMannaCA.9w Jan -93 Ongaing 32S,=00 Santa PauEa. Ci f 570 Ven[ura St. Trallic Signal Maintenance 9334212ty° Johnllasin 12as;rQspoty.org Jun•06 Ongoing 5100,000,40 Sama Pauta, CA 93060 ;,t. 3 sl 307 Seat Beach. Cit ai Y 211 Eighth Street Traffic Signa€Maintenance (562)431-2527 .arid Spitz tlspdz�sealbeadxa.gov O¢•04 Ongoing 549,761.04 Seat Beach, CA 90744 Eat1331 Shifter, Ci of Ty 33fi Pacific Avenue Tra}Sic SignaE Maintenance (661)746.5002 MicharUames m)ames ashalter.tam &1-92 I Ongoing 52,500.00 Shatter, Ca 93263 Ea1118 Si- V.U. , Ci f Y h' o 2429 Tap° Canyon Road Simi Valley, CA 93063 Traffic Signal Maintenance Dave Medina (805)583-6700 dmedw�suniwsay.org Au9-43 Ongoing $200,000.40 Solana Beach, City of 635 South Highway 101 Streetlight Maintenance Vanessa Rivera (656)720.2470 vtr+era msb.nrg J°I-11Ongoing 529,700.00 Solana Beach, CA 92075 TrafBe Signal Maintenance Steve Kerr (8$8)720-2400 sleep@cceb." Jul -11 Ongoing 524,700,00 South El Monte, Cit f Y° 141$ Santa Anita Ave South EI Morale. CA 91733 Tnfffc Signal Maintenance Patrick Lang (626)579.6540 plInn0c[ty°manlebello.com Aug -95 Ongoing $50,000.00 South Pasadena, Cit of y 825 Mission Street South Pasadena, Traffic5ignal Maintenance Francais Brard (626) 443.7370 1bm d@lSOvtAPaWd.ns.,gov Mar -87 Ongoing 549,000 CA 91030 .04 Sau[hern California Eduon 5004 Pacific Coast Highway Ruthfl— e San Clemente, CA 92fi72 Traffic Signal Maintenance (949)368.6131 Iruthmvahszaeco..m SRuWm] f 1 n -p3 Ongoing ... _. 52,500.00 ._....__... ^ ^ Stanton. Cil of Y T8® to .Avenue Stanton CA 9afi80 Traffic Signal Ma [ a e nc AElen Rigg (Taa]09p-4203-.209ci.stanto—us Sep -11 Ongoing 540,000..4 Page 486 References (Page 3 of 3) Page 487 _ g r.. a, - V. ,M... .�'- i<. : ,. . ,...,�., .n ,_.. �»,.. �, r , �-v.�✓.Y�'r, . is Twent Palms, Cil f yninc yo PA. Baa 995 T ratfic Signal Maintman[e Noel Perdue (760j 367.7623 rgemue�29palms.wg Jul -88 Ongoing .g 551009.00 UII—iEty of California, Irvine 200 Pnhlic Swims Bmlding baniel Herrera 509) 824-8531 jdh nnMaunedu Traffic Signal Maintenance (LKA 1—. Ca. 92697 0t 44 Ongoing 550,000.00 Kevin Tohin gag -825-0967 Mahirs�pt,rrcledu University of Califomia, 555 Westwood Plaza, Suite 185 Traffic Signal & Co At Las Angel.(LJCLaj las Angeirs, Ca 20095 Pi li Chaudhud {310 206-8554 Station Maintenance n j p0houdnur8ts.ixla.edu May -12 Ongoing 512,000.00 Villa Park, Ci 0 13r 17855an>iago BEvd 7ratCc Signal Maintenance MAkrim Hindiyeh {714)998-F500 ah+ndiyalt@v8apancarg Jan -87 Ongoing 55,00000 V.R. Park, CA 42861 Visor, City of 1165ETaylar Sireei TrafTu Signal&Aree0ight Sam Hasanin {7601 639-6177 hha9eNrs�rrl,asta,ca.u9 Vista.U92084 Maintenance Mickey R.-060)639-6116 mmmer0 ci.rscr.o. Jul -11 Ongoing 534,156.10 West Covena, Cityof 1444 Well Garvey AveO, 171afOC SignaE - WassCavina,CA 91790 CarEas Oamin Maintenance Suez {6 261 9 39-878 4 CdOminguez�nwestwvirw.arg Sep -9e Ongoing 52,500.00 VYldomar. City of 23873 Clinton Keith Road. Suite 201 MI) 677-7751 Trak Si aE Mafntenante Les Cha man Ichapmara@cityofwildomacarg 9n P Jul -09 Ongoing 525,000.00 Widamar, CA 92595 isc 205 10250 Imn Rod[ Way gin 9 Willdan En cerin Elk Grove U95624 USA OigAlcrs Jahn Pumphrey (936)687-3064 Jpumphrey�witidan.com uee-11 Ongoing 53Sg000.00 Wall Creek federal Service Ip- s. 9466 Black Mountain Raced, Suite 0240 Traffic Signal Maintenancr MichaeE Eggen (8581578-4276 michaal,eggert@ehugbchgov.com OV -16 C.5-9 $37,874.16 San Qirgo, 1492126 Yuca VaEle , Fvwn of y 58928 0asines Center Or (7601369.6579 jf Traffic Signal MaEntenance Janet Yachmawitz fjyodvnmvim@yueewase1- Aug -F3 ❑ng.i. 510,000.00 Yu— Valley. CA 92294 esL 308 Page 487 A l hod � ;;,, P,-1 i s THIS DELEGATION ONLY APPLIES TO SIEMENS MOBILITY, INC. ALL CONTRACTS, - II SrG-E 44RGATE&F FFIDA14T-&-G�GilzlzAR-Y-B9GUMENT-S BEHALF OF SIEMENS INDUSTRY, INC. MUST BE SIGNED BY MARC BUNCHER AND MARSHA SMITH WITHOUT EXCEPTION DELEGATION OF APPROVAL AUTHORITY FROM CEO MARC BUNCHER AND CFO MARSHA SMITH Rail Infrastructure Rolling Stock Intelligent Traffic Systems Customer Services SIEMENS MOBILITY, INC. A. The undersigned Marc Buncher, CEO and Marsha Smith, CFO of the Siemens Mobility, Inc. (the "Corporation"), a corporation duly organized and existing under the laws of the State of Delaware, by virtue of the authority vested as CEO and CFO to sign or countersign and otherwise execute in the name, or on behalf of the Corporation, any bids, projects, contracts, agreements and any certificates, affidavits or ancillary documents in connection therewith to the extent the foregoing instruments and are consistent with the limits of authority granted under LoA guidelines and grants of release for and on behalf of the Corporation, do hereby delegate to and acknowledge that the following person(s) may exercise such authority for and on our behalf up to $10 million. AUTHORIZED SIGNATORIES Business Operations Name/Position Finance/Central Support Function Name/Position Andreas Thon VP — RI Stefan Heckrath Senior Director, FBA — RI Michael Cahill VP — RS Miriam Scheer Senior Director, FBA—RI Robin Stimson VP — RS MK&S Christopher Halleus Senior Director, FBA — RS Michael Tyler VP—CS Natalie Liggett Senior Director, FBA — CS Marcus Welz VP — ITS David Buchfuehrer Senior Director, FBA — ITS Till Kruse Head of Supply Chain Management—MO Unrestricted 1 K. SRF -RA Pq IS B. It is further acknowledged that the following individuals are hereby authorized to sign or countersign —� _ -- �r3d-atf�erwise-execute-in-the_pataae-oK-oA-betaal�o�the..Corlasratiaa-tf�e�eats as .._ referenced in paragraph A, up to and including a transactional limit of $5 million. Any such delegation extends to but is limited to the same scope, documents and subject matter as referenced and granted in paragraph A, limited to the monetary amount stated in this paragraph. AUTHORIZED SIGNATORIES Business Operations Finance/Central Support Function Name/Position Name/Position Douglas Dreisbach Angel Acuna-Siler Head of Customs and Strategic Portfolio -- Director, FBA Projects - RI RI Ismael Nunez Head of Wayside Portfolio, RI Stephan Klein, Nick D'Alessandro Senior Director Projects -- RI Controller, Products & Freight Engineering RI Mike Nolan Dariusz Chrominski Director, Sales - RI Director, RS LM Jessica Shaiegan Thomas Glafenhein Director, Procurement- RI Director, RS CP BG & RS TD Luis Tondi Resta Kim Swain Director, Products- RI Director, RS CRC, LM & ME Raymond Ginneli Thomas Wechert VP - RS CRC Director, RS LR David Gutierrez Director, RS LR Valerie Conway Senior Director, RS SPR Ibrahim Kalender Director, RS CP BG Armin Kick VP - RS LM &I-II Yagnesh Kikaganeshwala Head - RS TD Matthew Rumbold -Manager, Procurement - CS C. It is further acknowledged that the following individuals are hereby authorized to sign or countersign and otherwise execute in the name, or on behalf of the Corporation, the same documents as referenced in paragraph A, up to and including a transactional limit of $3 million. Any such delegation extends to but is limited to the same scope, documents and subject matter as referenced and granted in paragraph A, limited to the monetary amount stated in this paragraph. AUTHORIZED SIGNATORIES Business Operations (Name/Position FinancelCentral Support Function NamelPosition Francois -Xavier Beau Head of System Integrated Portfolio, RI Nishant D'Sa Commercial Project Manager. RI Jeb A. Echols Manager, Project Estimating - RI James Hryniewicz Commercial Bid Manager, RI Benjamin Kotze Head of En ineerin , RI Angela Hunter Commercial Project Manager, RI Ismael Nunez Head of Wayside Portfolio, RI Caroline Robinson Commercial Bid Manager, RI Unrestricted 2 Page 489 Rodrigo Resende Nikki Bassi siaess-Development-Pfefessienal -Bireeter, RS David Sarles Nico Lindenau Project Procurement Manager, RI Commercial Director, RS CRC Jacob Street Warren Openshaw Head of Office Portfolio, RI Director, Op erations BA, RS Emily Watson Marco Preiffer Procurement Commodity Manager, RI Commercial Director, RS CRC & LM Carrie Webber Michelle Picard Head of Onboard Portfolio, RI Director, RS Paul Aichholzer Daria Lesnykh Director, Projects, RS CRC & LM Controller, CS MLT Mark Bennett Cathie Steele VP, Operations RS Director, CS •LR & RI Matthaeus Decker Craig Debevoise Manager, RS SPR Projects Commercial, ITS Carrie Hernandez Manuel Guio Villarreal Director, RS SPR Commercial Project Manager, ITS Mitzi Lohmeyer Rudolf Wagner Strategic Procurement Manager, RS CP Performance Controlling, MO TD SPR Simon Davidoff Angela Maria De Paiva Delicado Director, Data Services — CS Finance Manager. REM Americas Ash Evans Adrian Solano Deputy Director, CS UT Head of O erations BA, RI Rob Henrichs DeputyD2puty Director, CS MLT Cesar Losada Director, CS Reiner Martin Director, CS Tony Ritter Director, CS Barry Sidler Director of Spare Parts, CS Michael Gaertner Director, ITS PLM/R&D Steve Gitkin Head of EneLgy & Digital Services, ITS Goutham Lingannagarl Director, Bid & Project Management, ITS Laryssa Parker Head of Digital Lab, ITS Nils Soyke Project Manager, ITS Wendy Tao Head of Mobilit 2perating OperatingSystem, ITS Steve Teal Director, ITS Service Gary O'Brien Head of REM Americas Eryn Devola Head of Operations, RI , Unrestricted 3 D. It is further acknowledged that the following individuals are hereby authorized to sign or countersign ndother ise exeeete n �, gat ie­T-er frn k�ebralf a€ the Gorporet�on the -same eeumer referenced in paragraph A, up to and including a transactional limit of $1 million. Any such delegation = extends to but is limited to the same scope, documents and subject matter as referenced and granted in paragraph A, limited to the monetary amount stated in this paragraph. AUTHORIZED SIGNATORIES . Business Operations Finance/Central Support Function (Name/Position) (Name/Position) Tony Abboreno Lisa Cams Project Manager, RI Commercial Project Manager, RI Jeff Balogh Wllian Da Silva Head of Engineering, RI Commercial Project Manager, RI Shawn Cline Gisela Kaufmann Project Manager, RI Senior Commercial Bid Manager, RI Nicholas Corley Solomon Lee Warehouse Mana er, RI Commercial Project Manager, RI David Costello, Lars Volger Head of Project Excellence, RI Senior Commercial Project Manager, RI Paul Eliea, Lauren Westfall Senior Project Director, RI Commercial Project Manager, RI Zoltan Egel Rosa Baquero Head of ACM, RI Commercial Project Manager, Field Services RS Hany Gadalla Annemarie Bech Project Manager, RI Commercial Project Manager, RS CRC LM Christopher Hammett Tommy Charurat Project Manager, RI Director, Performance Controlling RS Nathan Kalesnikoff Yasmine Forghani Project Manager — Bids & Proposals, RI Commercial Project Manager, RS LM Kinga Kowzon Charles Hollman Project Manager, RI Commercial Project Manager, RS LR Alykhan Manji Adam Huey Project Manager, RI Commercial Project Manager, RS CRC LM Abhinav Mitra Karlene Keene Project Manager, RI Controllin , RS TO Alejandro Sierra Thomas Koprowski Project Manager, RI Commercial Project Manager, RS CP BG Michael Smith Varnnaphapar Mekwattana Head of System Engineering, RI Commercial Project Manager, RS CP BG Scott Tarpley Camilo Valdivieso Head of Quality in Projects, RI Commercial Project Manager, RS CP BG Christophef Thomas donna Lam Manner, Project Estimating, RI Commercial Project Mana er, RS CRC Eddie Urioste Rogerio Lavierl Project Manager, RI Commercial Project Manager, RS LM Jonathan Vann Clive Lepper Project Manager, RI Commercial Project Manager, RS LR Matthias Berghofer Mary Matas Project Manager, RS CP BG Commercial Project Manager, RS LR Andrea Kainz Joel Nielsen Project Manager, RS CP BG Commercial Project Manager, RS LR Patrick Schloffer Peter Silberhorn Project Mana er, RS CP BG Commerc.ial_Pro'ect..Mana .er.,, RS. CR.C.&.M.E Unrestricted 4 n Page 491 Viorel Aninoiu Tatiana Simonchik —2roesLMasa ef�-RS-L mmerei eeWarta-eF7RS-L; �— Charles Bell Annerose Kante Project Manager, RS LR Commercial Project Manager, RS LR Mason Boswell Christopher Smith Project Manager, RS LR Commercial Project Manager, RS LR Michael Carlo Ronald Staggs Project Manager, RS LR Commercial Project Manager, RS LR Jeffrey Curran Olga Fedorov Project Manager. RS LR Commercial Project Manager, CS Bryce Dudgeon Christine Jaw Project Mana er, RS CRC Commercial Project Manager, CS Timothy Ferguson Sarah Jenik Head of Operations, RS TD Commercial Support, CS Constanze Kutschki Kavita Patel Mana er, RS SPR Commercial Project Manager, CS Suresh Chohan Tien Pham Director of Order Management, RS Commercial Project Manager, CS Chander Khanna, Julian Stuebler Sr. Director, Manufacturing Processes RS Commercial Project Mana er, CS RC George Long Marcin Szczapa VP, Engineerin2 RS Commercial Project Manager, CS Robert Mariner Stefan Brown Senior Project Manager, RS LM Commercial Project Manager, RI Shawn McCuaig Michael Keats Director, Field Services RS Commercial Project Manager, Rf Kevin McGrew Liam Nelson Director, Quality RS Commercial Project Manager, RI Aaldrik Metting Britten Stark Project Manager, RS LR Performance Controller, Rl Hamid Mose[i Anchal Bansal Project Manager, RS LR Commercial Project Manager, ITS .Carsten Nebe Tamara Schmitt Project Manager, RS CRC Commercial Project Manager, ITS Ralf Neuhaus Claudia Thiele Project Manager, RS CRC Commercial Project Manager, [TS Malte Schierwater Project Manager, RS LM Thomas Stehiik Project Manager, RS ME Ron VanHuuksloot Project Manager, RS LR Jon Aliason Prdect Manager, CS Mark Anderson Project Manager, CS Ivan Bukin Project Manager, CS Luis Correia Project Mana er, CS Volker Hansen Rail Remote Service Center Manager, CS RC Duane Kopp Project Manager, CS Gerhard Leber Field En i eeri n� eznent; Unrestricted 5 Page 492 s r r Alexander Ossa feet Manage , GS Finance/Central Support Function Erik Schildknecht Steve Arcaya Project Manager, RI Project Mana er, CS Jean-Pierre Beltran Project Manager, RI Matthew Thomas Robert Dirubbo Project Manager, RI Project Manager, CS Wolf Eichler Project Manager, RI Heriberto De La Garza Vielma Karen Gillner Project Manager, RI Project Manager, ITS Nathan Hayes Project Manager, RI Michael Hutchens Ashwin! Hebbar Project Manager, RI Operations Manager, ITS Etienne Leboulanger Project Manager, RI VenkateshJadhav Xiaohong Liao Project Manager, RI Project Manager. ITS Gary Kochetkov Project Manager, ITS Scott McCarthy Material Manager, ITS Noureann Mitchell Procurement Project Manager, ITS Del Nichols Project Manager, ITS Clint Schuckei Operations Manager, ITS Brennan Smartis Project Manager, ITS William Tucker Operations Manager, ITS E. It is further acknowledged that the following individuals are hereby authorized to sign or countersign and otherwise execute in the name, or on behalf of the Corporation, the same documents as they are referenced in paragraph A, up to and including a transactional limit of $250 thousand. Any such delegation extends to but is limited to the same scope, documents and subject matter as referenced and granted in paragraph A, limited to the monetary amount stated in this paragraph. AUTHORIZED SIGNATORIES Business Operations (Name/Position) Finance/Central Support Function Name/Position) Steve Arcaya Project Manager, RI Jean-Pierre Beltran Project Manager, RI Robert Dirubbo Project Manager, RI Wolf Eichler Project Manager, RI Karen Gillner Project Manager, RI Nathan Hayes Project Manager, RI Ashwin! Hebbar Project Manager, RI Etienne Leboulanger Project Manager, RI Xiaohong Liao Project Manager, RI Unrestricted 6 Page 493 Jim Lyons — Pr 'e,*Marra Gavin Martin Project Manager, RI Mario Mueller Project Manager, RI Sana Mushtaq Project Mana er, RI Syed Rahman Project Manager, RI Blake Riley Project Manager, RI Francis Scapellato Project Man ager, RI Aaron Seevers Project Manager, RI Thomas Szurszewski Project Manager, RI Erik Valerio Project Mana er, RI Julian Jaeger Product and Engineering Manager, RS TD Brian Jacoby Customer Service Manager, RS TD Stefan Kraemer Business Develo er, RS TD Robert Leighton Project Manager, RS TD Jennifer Pearson Project Manager, RS TD David Popp Bid Manager, RS TD Sean Tabriz! Order Mana ement Manager, RS Diana Johnson Bid Manager, ITS Robert Paquette Sales Mana er, ITS Melissa Rodriguez Sales Manager, ITS F. It is further acknowledged that each of the signatures of the persons referred to in paragraphs A, B, C, D, and E are binding upon the Corporation. G. It is further acknowledged that any document shall require the signature of two (2) of the above Authorized Signatories, one each from Business Operations and from Finance/Central Support Functions, whom shall have the requisite signature authority to be legally binding upon the Corporation. H. It is further acknowledged that each of the persons referred to herein is authorized to delegate such person's authority hereunder to additional members of his or her management team up to the limit of such person's delegation of authority, provided that such delegation is in written form signed by the delegator and filed with the Legal Department. Unrestricted 7 N t Page 494 � s� M., .try 1 �A I. It is further acknowledged that the Secretary or an Assistant Secretary of the Corporation is homed ta-issue ofr7-uft persons referred to in this resolution. IN WITNESS WHEREOF, we have hereunto subscribed our names and affixed the corporate seal of the said Corporation, as of the 271h day of January 2020. Marc Buncher CEO Siemens Mobility, Inc. Marsh Smith CFO Siemens Mobility, Inc. unrestricted 8 Page 495 C O N T R A C T AGREEMENT KNOW ALL MEN BY THESE PRESENT: That the following agreement is made and entered into, in triplicate, as of the date executed by the City Clerk and the Mayor, by and between Siemens Mobility, Inc. , hereinafter referred to as the "CONTRACTOR" and the City of Rancho Cucamonga, California, hereinafter referred to as "CITY." WHEREAS, pursuant to the Notice Inviting Sealed Bids or Proposals, bids were received, publicly opened, and declared on the date specified in said notice; and WHEREAS, City did accept the bid of Contractor; and WHEREAS, City has authorized the City Clerk and Mayor to enter into a written contract with Contractor for furnishing labor, equipment, and material for the construction of "TRAFFIC SIGNAL BATTERY BACKUP SYSTEM REPLACEMENT FY 19--20 PROJECT". NOW THEREFORE, in consideration of the mutual covenants herein contained, it is agreed: 1. GENERAL SCOPE OF WORK: Contractor shall furnish all necessary labor, tools, materials, appliances, and equipment for and do the work for the "TRAFFIC SIGNAL BATTERY BACKUP SYSTEM REPLACEMENT FY 19-20 PROJECT." Said work to be performed in accordance with specifications and standards on file in the office of the City Engineer and in accordance with bid prices hereinafter mentioned and in accordance with the instruction of the City Engineer. 2. INCORPORATED DOCUMENTS TO BE CONSIDERED COMPLEMENTARY: The aforesaid specifications are incorporated herein by reference thereto and made a part hereof with like force and effect as if all of said documents were set forth in full herein. Said documents, the Notice Inviting Bids attached hereto, together with this written agreement, shall constitute the entire contract between the parties. This contract is intended to require a complete and finished piece of work and anything necessary to complete the work properly and in accordance with the law and lawful governmental regulations shall be performed by the Contractor whether set out specifically in the contract or not. Should it be ascertained that any inconsistency exists between the aforesaid documents and this written agreement, the provisions of this written agreement shall control. 3. TERMS OF CONTRACT: The undersigned bidder agrees to execute the contract within fifteen (15) days from the date of notice of award of the contract or upon notice by City after the fifteen (15) days, and to complete his portion of the work within 52 working days (40 working days for Base Bid plus an additional 2 working days for each intersection listed in an awarded Additive Bid No 1, 2 and 6) from the date specified in the Notice to Proceed. The bidder agrees further to the assessment of liquidated damages in the amount of $2,000.00 for each calendar day the work remains incomplete beyond the expiration of the completion date. City may deduct the amount thereof from any monies due or that may become due the Contractor under this contract. Progress payments made after the scheduled date of completion shall not C-1 Page 496 constitute a waiver of liquidated damages. 4. INSURANCE: The Contractor shall not commence work under this contract until he has obtained all insurance required hereunder in a company or companies acceptable to City nor shall the Contractor allow any subcontractor to commence work on his subcontract until all insurance required of the subcontractor has been obtained. The Contractor shall take out and maintain at all time during the life of this contract the following policies of insurance: a. Workers Compensation Insurance: Before beginning work, the Contractor shall furnish to the Engineer a certificate of insurance as proof that he has taken out full compensation insurance for all persons whom he may employ directly or through subcontractors in carrying out the work specified herein, in accordance with the laws of the State of California. Such insurance shall be maintained in full force and effect during the period covered by this contract. In accordance with the provisions of Section 3700 of the California Labor Code, every contractor shall secure the payment of compensation to his employees. Contractor, prior to commencing work, shall sign and file with the City a certification as follows: "I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for worker's compensation or to undertake self-insurance in accordance with the provisions of that Code, and I will comply with such provisions before commencing the performance of the work of this contract." b. For all operations of the Contractor or any subcontractor in performing the work provided for herein, insurance with the following minimum limits and coverage: (1) General Liability - Bodily Injury (not auto) $2,000,000 each person; $2,000,000 each accident. (2) General Liability - Property Damage (not auto) $1,000,000 each accident; $2,000,000 aggregate. (3) Contractor's Protective - Bodily Injury $1,000,000 each person; $2,000,000 each accident. (4) Contractor's Protective - Property Damage $1,000,000 each accident; $2,000,000 aggregate. (5) Automobile - Bodily Injury $2,000,000 each person; $3,000,000 each accident. (6) Automobile - Property Damage $2,000,000 each accident. C-2 Page 497 C. Each such policy of insurance provided for in paragraph "b." shall: (1) Be issued by an insurance company approved in writing by City, which is qualified to do business in the State of California. The insurance company shall have a policy holder rating of A or higher and a Financial Class VII or higher established by A.M. Hest Company Rating Guide; (2) Name as additional insured the City, its elected officials, officers, agents and employees, and any other parties specified in the bid documents to be so included; (3) Specify it acts as primary insurance and that no insurance held or owned by the designated additional insured shall be called upon to cover a loss under said policy; (4) Contain a clause substantially in the following words: "It is hereby understood and agreed that this policy may not be canceled nor the amount of the coverage thereof reduced until thirty (30) days after receipt by City of a written notice of such cancellation or reduction of coverage as evidenced by receipt of a registered letter." (5) Otherwise be in form satisfactory to City. d. The policy of insurance provided for in subparagraph "a." shall contain an endorsement which: (1) Waives all right of subrogation against all persons and entities specified in subparagraph 4.c. (2) hereof to be listed as additional insured in the policy of insurance provided for in paragraph "b." by reason of any claim arising out of or connected with the operations of Contractor or any subcontractor in performing the work provided for herein; (2) Provides it shall not be canceled or altered without thirty (30) days' written notice thereof given to City by registered mail. e. The Contractor shall at the time of the execution of the contract present the original policies of insurance required in paragraphs "a." and "b." hereof, or present a certificate of the insurance company, showing the issuance of such insurance, and the additional insured and other provisions required herein. Refer to Appendix Item 3 of the Special Provisions for an example of an approved set of Certificates of Insurance. The "Name(s), Organization(s) and/or Political Subdivision(s)" in the "Additional Insured..." form(s) and in the "Waiver..." form(s) must be worded exactly as shown on the example. 5. PREVAILING WAGE: Notice is hereby given that in accordance with the provisions of California Labor Code, Division 2, Part 7, Chapter 1, Articles 1 and 2, the Contractor is required to pay not less than the general prevailing rate of per diem wages for work of a similar character in the locality in holiday __.._,and. ove..rt.ime. _ _ w.oxk.....__._ _.= a _ .that. _ _ re.gard,....__the _ ..Directo.r __ of_._ _the. _ _ Department.- of C--3 Page 498 Industrial Relations of the State of California is required to and has determined such general prevailing rates of per diem wages. Copies of such prevailing rates of per diem wages are on file in the office of the City Clerk of the City of Rancho Cucamonga, 10500 Civic Center Drive, Rancho Cucamonga, California, and are available to any interested party on request. City also shall cause a copy of such determinations to be posted at the job site. Pursuant to provisions of Labor Code Section 1775, the Contractor shall forfeit, as penalty to City, not more than two hundred dollars ($200.00) for each laborer, workman, or mechanic employed for each calendar day or portion thereof if such laborer, workman, or mechanic is paid less than the general prevailing rate of wages hereinbefore stipulated for any work done under the attached contract, by him or by any subcontractor under him, in violation of the provisions of said Labor Code. 6. APPRENTICESHIP EMPLOYMENT: In accordance with the provisions of Section 1777.5 of the Labor Code as amended by Chapter 971, Statutes of 1939, and in accordance with the regulations of the California Apprenticeship Council, properly indentured apprentices may be employed in the prosecution of the work. Attention is directed to the provisions in Section 1777.5 and 1777.6 of the Labor Code concerning the employment of apprentices by the Contractor or any subcontractor under him. Section 1777.5, as amended, requires the Contractor or subcontractor employing tradesmen in any apprenticable occupation to apply to the joint apprenticeship committee nearest the site of the public works project and which administers the apprenticeship program in that trade for a certificate of approval. The certificate will also fix the ratio of apprentices to journeymen that will be used in the performance of the contract. The ratio of apprentices to journeymen in such cases shall not be less than one to five except: a. When unemployment in the area of coverage by the joint apprenticeship committee has exceeded an average of 15 percent in the 90 days prior to the request for certificate, or b. When the number of apprentices in training in the area exceeds a ratio of one to five, or C. When the trade can show that it is replacing at least 1/30 of its membership through apprenticeship training on an annual basis statewide or locally, or d. When the Contractor provides evidence that he employs registered apprentices on all of his contracts on an annual average of not less than one apprentice to eight journeymen. The Contractor is required to make contributions to funds established for the administration of apprenticeship programs if he employs registered apprentices or journeymen in any apprenticable trade on such contracts and if other contractors on the public works site are making such contributions. C-4 Page 499 The Contractor and subcontractor under him shall comply with the requirements of Sections 1777.5 and 1777.6 in the employment of apprentices. 7. LEGAL HOURS OF WORK: Eight (8) hours of labor shall constitute a legal day's work for all workmen employed in the execution of this contract, and the Contractor and any subcontractor under him shall comply with and be governed by the laws of the State of California having to do with working hours set forth in Division 2, Part 7, Chapter 1, Article 3, of the Labor Code of the State of California as amended. 8. The Contractor or Subcontractor shall forfeit, as a penalty to the City of Rancho Cucamonga, twenty-five dollars ($25.00) for each worker employed in the execution of the contract by the respective: contractor or subcontractor for each calendar day during which the worker is required or permitted to work more than 8 hours in any one calendar day and 40 hours in any one calendar week in violation of the provisions of this article. 8. TRAVEL AND SUBSISTENCE PAY: Contractor agrees to pay travel and subsistence pay to each workman needed to execute the work required by this contract as such travel and subsistence payments are defined in the applicable collective bargaining agreements filed in accordance with Labor Code Section 1773.1. 9. CONTRACTOR'S LIABILITY: The City of Rancho Cucamonga and its elected officials, officers, agents and employees shall not be answerable or accountable in any manner for any loss or damage that may happen to the work or any part thereof, or for any of the materials or other things used or employed in performing the work; or for injury or damage to any person or persons, either workmen, employees of the Contractor or his subcontractors or the public, or for damage to adjoining or other property from any cause whatsoever arising out of or in connection with the performance of the work. The Contractor shall be responsible for any damage or injury to any person or property resulting from defects or obstructions or from any cause whatsoever, except the sole negligence or willful misconduct of the City, its employees, servants, or independent contractors who are directly responsible to City during the progress of the work or at any time before its completion and final acceptance. The Contractor will indemnify City against and will hold and save City harmless from any and all actions, claims, damages to persons or property, penalties, obligations, or liabilities that may be asserted or claimed by any person, firm, entity, corporation, political subdivision, or other organization arising out of or in connection with the work, operation, or activities of the Contractor, his agents, employees, subcontractors, or invitees provided for herein, whether or not there is concurrent passive or active negligence on the part of City, but excluding such actions, claims, damages to persons or property, penalties, obligations, or Liabilities arising from the sole negligence or willful misconduct of City, its employees, servants, or independent contractors who are directly responsible to City, and in connection therewith: C-5 Page 500 a. The Contractor will defend any action or actions filed in connection with any of said claims, damages, penalties, obligations, or liabilities and will pay all costs and expenses, including attorneys' fees incurred in connection therewith. b. The Contractor will promptly pay any judgment or award rendered against the Contractor or City covering such claims, damages, penalties, obligations, and liabilities arising out of or in connection with such work, operations, or activities of the Contractor hereunder or reasonable settlement in lieu of judgment or award, and the Contractor agrees to save and hold the City harmless therefrom. C. In the event City is made a party to any action or proceeding filed or prosecuted against the Contractor for damages or other claims arising out of or in connection with the project, operation, or activities of the Contractor hereunder, the Contractor agrees to pay to City any and all costs and expenses incurred by City in such action or proceeding together with reasonable attorneys' fees. So much of the money due to the Contractor under and by virtue of the contract as shall be considered necessary by City may be retained by City until disposition has been made of such actions or claims for damage as aforesaid. 10. NON-DISCRIMINATION: No discrimination shall be made in the employment of persons upon public works because of age, disability, race, color, religion, sex, sexual orientation or national origin of such persons, and every contractor for public works violating this section is subject to all the penalties imposed for a violation of Division 2, Part 7, Chapter 1 of the Labor Code in accordance with the provisions of Section 1735 of said Code. 11. CONTRACT PRICE AND PAYMENT: City shall pay to the Contractor for furnishing the material and doing the prescribed work per the unit prices set forth in accordance with Contractor's Proposal. IN WITNESS WHEREOF, the parties hereto have caused these present to be duly executed with all the formalities required by law on the respective dates set forth opposite their signatures. State of California Contractor's License #: Date By: Title By: Title C-6 Page 501 CITY OF RANCHO CUCAMONGA, CALIFORNIA By: BY: L. Dennis Michael, Mayor Date Janice C. Reynolds, City Clerk Contractor's Business Phone Number Emergency Phone Number at which Contractor can be reached at any time C-7 Page 502 C O N T R A C T FAITHFUL PERFORMANCE BOND KNOW ALL MEN BY THESE PRESENT: THAT Siemens Mobility, Inc. as Principal, and , as Surety, are held and firmly bound unto the City of Rancho Cucamonga, hereinafter called City, in the just and full amount of Two Hundred Sevent One Thousand Eighty Dollars and Zero Cents (Written) $ 271,080.00 (Figures) payment whereof we hereby bind ourselves, our heirs, executors administrators, successors and assigns, jointly and severally, firmly by these presents. Given under our hands and sealed with our seal this day of , 20 The condition of the foregoing obligation is such that, WHEREAS, the above-named principal is about to enter into a contract with the City, whereby said principal agrees to construct "TRAFFIC SIGNAL BATTERY BACKUP SYSTEM REPLACEMENT FY 19-20 PROJECT" in accordance with the AGREEMENT dated , which said contract is hereby referred to and made a part hereof to the same extent as if the same were herein specifically set forth; NOW, THEREFORE, if the said principal shall well and truly do and perform all things agreed by the principal in said contract to be done and performed, then this obligation is to be void; otherwise it will remain in full force and effect; PROVIDED, that for value received the undersigned stipulate and agree that no amendment, change, extension of time, alteration or addition to said contract, or agreement, or of any feature or item or items of performance required therein or thereunder shall in any manner affect the obligations of the undersigned under this bond; and the surety does hereby waive notice of such amendment, limitation of time for bringing action on this bond by the City, change, extension of time, alteration or addition to said contract or agreement and of any feature or time of performance required therein or thereunder. WITNESS our hands this day of , 20 By: Surety: Title. By: Individual Partnership Corporation Other, explain SIGNATURES OF CONTRACTOR MUST BE ACKNOWLEDGED BEFORE A NOTARY PUBLIC. PLEASE ATTACH APPROPRIATE ACKNOWLEDGMENT FORMS (INDIVIDUAL, PARTNERSHIP, CORPORATION, ETC.). B-1 Page 503 Bond No. PAYMENT BOND (.Labor and Materials) KNOW ALL PERSONS BY THESE PRESENTS that: WHEREAS the CITY OF RANCHO CUCAMONGA (name of City) ("City") has awarded to Siemens Mobility, Inc. 250 Business Way Riverside, CA 92501 (Name and address of Contractor) ("Principal"), a contract (the "Contract") for the work described as follows: "TRAFFIC SIGNAL BATTERY BACKUP SYSTEM REPLACEMENT FY 19-20 PROJECT" WHEREAS, Principal is required under the terms of the Contract and the California Civil Code to secure the payment of claims of laborers, mechanics, materialmen, and other persons as provided by law. NOW THEREFORE, we, the undersigned Principal, and {Name and address of Surety) ("Surety") a duly admitted surety insurer under the laws of the State of California, as Surety, are held and firmly bound unto City in the penal sum of Two Hundred Seventy One Thousand Eighty Dollars and Zero Cents ($ 271,080.00 ), this amount being not less than one hundred percent (1.00%) of the total contract price, in lawful money of the United States of America, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors, and assigns, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH THAT, if the hereby bounded Principal, his, her or its heirs, executors, administrators, successors or assigns, or subcontractors shall fail to pay any of the persons named in Section 9100 of the California Civil Code, or any amounts due under the Unemployment Insurance Code with respect to work or labor performed under the Contract, or for any amounts required to be deducted, withheld, and paid over to the Employment Development Department from the wages of employees of the Principal and subcontractors pursuant to Section 1.3020 of the Unemployment Insurance Code, with respect to work or labor performed under the Contract, the Surety will pay for the same in an amount not exceeding the penal sum specified in this bond; otherwise, this obligation shall become null and void. B--2 Page 504 Payment Bond (continued) This bond shall insure to the benefit of any of the persons named in Section 9100 of the California Civil Code so as to give a right of action to such persons or their assigns in any suit brought upon the bond. In case the suit is brought upon this bond, Surety further agrees to pay all court costs and reasonable attorneys' fees in an amount faxed by the court. FURTHER, the Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration, addition or modification to the terms of the Contract, or of the work to be performed thereunder, or the specifications for the same, shall in any way affect its obligations under this bond, and it does hereby waive notice of any such change, extension of time, alteration, addition, or modification to the terms of the Contract or to the work or to the specifications thereunder. Surety hereby waives the provisions of California Civil Code Sections 2845 and 2849. IN WITNESS WHEREOF, two (2) identical counterparts of this instrument, each of which shall for all purposes be deemed an original hereof, have been duly executed by Principal and Surety, on the date set forth below, the name of each corporate party being hereto affixed and these presents duly signed by its undersigned representative(s) pursuant to authority of its governing body. Date: "Principal" "Surety" By: By: Its Its By: By: Its Its (Seal) (Seal) Note: This bond must be executed in duplicate and dated, all signatures must be notarized, and evidence of the authority of any person signing as attorney-in-fact must be attached. B-3 Page 505 C O N T R A C T WORKER'S COMPENSATION INSURANCE CERTIFICATE The Contractor shall execute the following form as required by the California Labor Code, Sections 1860 and 1861: I am aware of the provision of Section 3700 of the Labor Code which requires every employer to be insured against liability for worker's compensation or to undertake self-insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract. Date Attest: By: (Signature) (Title) (Contractor) By: (Signature) (Title) INS -1 Page 506 CITY OF RANCHO CUCAMONGA SPECIFICATIONS FOR PUBLIC WORKS CONSTRUCTION The work shall be done in accordance with the "Green Book" Standard Specifications for Public Works Construction. 2015 edition and 2016 Supplement written and promulgated by the Southern California Chapter of the American Public Works Association and the Southern District Associated General Contractors of California Joint Cooperative Committee, herein referred to as the "Standard Specifications." Subsequent amendments, supplements and/or additions shall also be considered, included herein. Copies are available from the publisher, Building News, Incorporated, 1512 So. Clementine Street, Anaheim, California, 92802, telephone (714) 517-0970. The Standard Specifications set forth above will control the general provisions, construction materials, and construction methods for this contract except as amended by the Plans, other contract documents, or the Special Provisions to follow. The section numbers of the following amendments coincide with those of said Standard Specifications. Only those sections requiring elaborations, amendments, specifying of options, or additions are referenced. SPECIAL PROVISIONS Amendments to "Standard Specifications" PART 1 GENERAL PROVISIONS SECTION 1 - TERMS, DEFINITIONS, ABBREVIATIONS, UNITS OF MEASURE, AND SYMBOLS 1-2 TERMS AND DEFINITIONS The words and phrases defined below, appear in the Standard Specifications and in these Special Provisions, shall for the purpose of the Contract have the meaning hereinafter assigned to them. Agency: The City of Rancho Cucamonga. Board: The City Council of the City of Rancho Cucamonga. Engineer: The Public Works Services Director of the City of Rancho Cucamonga, acting personally or through agents or assistants duly authorized by him. The following shall be added: City: City of Rancho Cucamonga, San Bernardino County, California. Major Bid Item: A single Contract item constituting 10 percent or more of the original Contract Price. Substantial Completion: Means the project can be used for its intended_ --.:purpose as determined by the Engineer. GP -1 Page 507 SECTION 2 - SCOPE AND CONTROL OF THE WORK 2-1 AWARD AND EXECUTION OF CONTRACT The following subsection shall be added to subsection 2-1: 2-1.1 DESCRIPTION OF WORK The scope of work to be performed in general consists of, but not limited to, the removal of existina Battery Backu Systems (BBS) from project sites and replace with new Clary Corporation BBS to include cabinet, inverter, power interface module, batteries, etc. plus other related work. 2-4 CONTRACT BONDS Delete the second sentence of the fourth paragraph and add the following: The "Performance Bond" shall remain in force until the acceptance of the Work by the Board. The bond shall be maintained by the Contractor in full force and effect until thirty-five days after recordation of the Notice of Completion and acceptance of a "Maintenance Surety Bond" per Section 4-1.1. 2-5 PLANS AND SPECIFICATIONS 2-5.1 General. Add the following after the third paragraph: While it is believed that much of the information pertaining to conditions, which may affect the cost of the Work, will be shown on the Plans or indicated in the Specifications, the Agency does not warrant the completeness or accuracy of such information. The Contractor shall ascertain the existence of any conditions affecting the cost of the Work through a reasonable examination of the Work site prior to submitting the Bid. Existing improvements visible at the Work site, for which no specific disposition is made on the Plans, but which interfere with the completion of the Work, shall be removed and disposed of by the Contractor. The following paragraphs shall be added following the last paragraph: If the Contractor, either commencing work or in the course of the work, finds any discrepancy between the Specifications and the Plans, or between either, and the physical conditions at the site of the work, or finds any error or omission in any of the Plans, or Specifications or survey, he shall promptly notify the Engineer in writing of any such discrepancy, error, or omission. If the Contractor observes that any of the Plans or Specifications are at variance with any applicable law, ordinance, regulation, order or decree, he shall rompt_1y notifv _th.._:.e:_ Engineer in wr.:.tin of such conflict. GP -2 Page 508 The Engineer on receipt of any such notice shall promptly investigate the circumstances and give appropriate instructions to the Contractor. Until such instructions are given, any work done by the Contractor, either directly or indirectly, after his discovery of such error, discrepancy, or conflict, will be at his own risk, and he shall bear all costs arising therefrom. 2--5.2 Precedence of Contract Documents. The following paragraph shall be added following paragraph two: Should it appear that the work to be done or any matter relative thereto is not sufficiently detailed or explained by the specifications, the Contractor shall apply to the Engineer for such further explanation as may be necessary and shall conform to such explanation or interpretation as part of the Contract so far as may be consistent with the intent of the original plans and specifications. In the event of any discrepancy between any drawing and the figures written thereon, the figures shall be taken as correct. 2-5.4. As Built Plans. Add the following subsection: The Contractor shall maintain a control set of Plans and Specifications on the project site at all times. All final locations determined in the field, and any deviations from the Plans and Specifications, shall be marked in red on this control set to show the as -built conditions. Upon completion of all work, the Contractor shall return the control set to the Engineer. Final payment will not be made until this requirement is met. 2-6 WORK TO BE DONE The following paragraphs shall be added following paragraph one: All work which is defective in its construction or deficient in any of the requirements of the Plans and Specifications shall be remedied or removed and replaced by the Contractor in an acceptable manner at his own expense. No compensation will be allowed for any work done beyond the lines and grades shown on the Plans or established by the Engineer. Upon failure on the part of the Contractor to comply with any order of the Engineer made under the provisions of this article, the Engineer and City may cause the defective work to be remedied or removed and replaced at the expense of the Contractor. Any unauthorized or defective work, defective material or workmanship or any unfaithful or imperfect work that may be discovered before final acceptance of work by the board shall be corrected immediately with no extra charge even though it may have been overlooked in previous inspections and estimates or may have been caused due to failure to inspect the Work. 2-10 AUTHORITY OF THE BOARD AND THE ENGINEER The following paragraphs shall be added following paragraph two: GP -3 Page 509 All authorized alterations affecting the requirements and information given on the approved plans shall be in writing. No changes shall be made on any plan or drawing after the same has been approved by the Engineer, except by direction of the Engineer in writing. Deviations from the approved plans, as may be required by the exigencies of construction, will be determined in all cases by the Engineer and authorized in writing. All instructions, rulings and decisions of the Engineer shall be in writing and binding on all parties unless formal protest is made as provided in the following paragraph: If the Contractor considers any work demanded of him to be outside the requirements of the contract, or if he considers any instruction, ruling or decision of the Inspector or Engineer to be unfair, he shall within ten (10) days after any such demand is made, or instruction, ruling or decision is given, file a written protest with the Engineer, stating clearly and in detail his objections and reasons therefore. Except for such protests and objections as are made of record in the manner and within the time above stated, the Contractor shall be deemed to have waived and does hereby waive all claims for extra work, damages and extensions of time on account of demands, instructions, rulings and decisions of the Engineer. Upon receipt of any such protest from the Contractor, the Engineer shall review the demand, instruction, ruling or decision objected to and shall promptly advise the Contractor, in writing, of his final decision, which shall be binding on all parties, unless within the ten days thereafter the Contractor shall file with the Board a formal protest against said decision of the Engineer. The Board shall consider and render a final decision on any such protest within thirty (30) days of receipt of same. The following subsection shall be added: 2-13 CLAIMS DISPUTE RESOLUTION In the event of any dispute or controversy with the City over any matter whatsoever, the Contractor shall not cause any delay or cessation in or of Work, but shall proceed with the performance of the Work in dispute. The Contractor shall retain any and all rights provided that pertain to the resolution of disputes and protests between the parties. The Disputed Work will be categorized as an "unresolved dispute" and payment, if any, shall be as later determined by agreement or a court of law. The Contractor shall keep accurate, detailed records of all Disputed Work, claims and other disputed matters. All claims arising out of or related to the Contract Documents or this Project, and the consideration and payment of such claims, are subject to the Government Claims Act (Government Code Section 810 et seq.) with regard to filing claims. All such claims are also subject to the dispute procedures set forth in Public Contract Code Section 9204 and Public Contract Code Section 20104, et seq. (Article 1.5), to the extent each is applicable. This Contract hereby incorporates those provisions as through fully set forth herein. Thus, the Contractor or any Subcontractor must file a claim in accordance with the Government Claims Act as a prerequisite to filing a construction claim in compliance with Section 9204 and Section 201.04 et seq. (if applicable), and must _ _h n adhere—tom S na ppl c bl� -.pr ant er-id -ti to the definition of "claim" as individually defined therein. GP -4 Page 510 SECTION 3 - CHANGES IN WORK 3-2 CHANGES INITIATED BY THE AGENCY. 3-2.2 Contract Unit Prices. 3-2.2.1 General. Add "Major Bid" between "an" and "item" in the first line of the second paragraph: The last sentence of the second paragraph shall be deleted and replaced with the following: Adjustments in excess of 25 percent may be done by extension of Contract Unit Prices as described above, or pursuant to 3-2.2.2 or 3-2.2.3 as appropriate. 3-2.2.2 Increases of More Than 25 Percent. Add "Major Bid" between "an" and "item" in the first line of the first paragraph. 3-2.2.3 Decreases of More Than 25 Percent. Add "Major Bid" between "an" and "item" in the first line of the first paragraph. 3-2.4 Agreed Prices. Add the following before the first sentence of the first paragraph: Agreed Prices are prices for new or unforeseen work, or adjustments in Contract Unit Prices per 3-2.2, established by mutual agreement between the Contractor and the Agency. 3-3 EXTRA WORK 3-3.2 Payment. 3-3.2.3 Markup. The entire text of the Subsection 3-3.2.3 shall be deleted and replaced with the following: (a) Work by Contractor. The following percentages shall be added to the Contractor's costs and shall constitute the markup for all overhead and profits: 1) Labor.....................................2Q 2) Materials.................................15 3) Equipment Rental ..........................15 4) Other Items and Expenditures..............IS To the sum of the costs and markups provided for in this subsection, 1 GP -5 Page 511 percent shall be added as compensation for bonding. (b) Work by Subcontractor. When all or any part of the extra work is performed by a Subcontractor, the markup established in 3-3.2.3(a) shall be applied to the Subcontractor's actual cost of such work. A markup of 5 percent of the subcontracted portion of the extra work may be added by the Contractor. Page 512 SECTION 4 - CONTROL OF MATERIALS 4-1 MATERIALS AND WORKMANSHIP 4-1.1 General. The following paragraphs shall be added following paragraph three: Used or secondhand materials, parts, and equipment may be used only if permitted by the specifications. The Contractor shall guarantee the entire work constructed by him under the contract to be free of defects in materials and workmanship for a period of one year following the date of acceptance of the work by the Board. The Contractor shall agree to make, at his own expense, any repairs or replacements made necessary by defects in materials or workmanship, which become evident within the warranty period. The Contractor shall further agree to indemnify and save harmless the City and Engineer, and their officers, agents and employees, against and from all claims and liability arising from damage and injury due to said defects. The Contractor shall make all repairs and replacements promptly upon receipt of written order from the Engineer. If the contractor fails to make the repairs and replacements promptly, the City may do the work and the Contractor and his surety shall be liable to the City for the cost of the work. The guarantee and conditions specified above shall be secured by a surety bond, which shall be delivered by the Contractor to the City prior to the date on which final payment is made to the Contractor. Said bond shall be in an approved form and executed by a surety company or companies satisfactory to the City, in the amount of ten percent (100) of the contract price, or $1,000.00, whichever is greater. Said bond shall remain in force for the duration of the warranty period specified. 4-1.3 Inspection Requirements. The text of Subsection 4-1.3.1 16General,,, shall be deleted and replaced with the following: Materials to be used in the work will be subject to inspection and tests by the Engineer or his designated representative. The Contractor shall furnish without charge such samples as may be required. The Contractor shall furnish the Engineer a list of his sources of materials and the locations at which such materials will be available for inspection. The list shall be furnished to the Engineer in sufficient time to permit inspecting and testing of their use. The Engineer may inspect, sample or test materials at the source of supply or other locations, but such inspection, sampling or testing will not be undertaken until the Engineer is assured by the Contractor of the cooperation and assistance of both the Contractor and the supplier of the material. The Contractor shall assure that the Engineer or his authorized representative has free access at all times to the material to be inspected, sampled or tested. It is understood that such inspections and tests, if made at any point other than the point of incorporation in the work, in no way shall be considered as a guarantee of acceptance of such material nor of continued acceptance of GP -7 Page 513 material presumed to be similar to that upon which inspections and tests have been made, and that inspection and testing performed by the City shall not relieve the Contractor or his suppliers of responsibility for quality control_ Manufacturers' warranties, guarantees, instruction sheets and parts lists, which are furnished with certain articles of materials incorporated in the work, shall be delivered to the Engineer before acceptance of the contracts. The Engineer may inspect the production of material, or the manufacture of products at the source of supply. Plant inspection, however, will not be undertaken until the Engineer is assured of the cooperation and assistance of both the Contractor and the material producers. The Engineer or his authorized representative shall have free entry at all times to such parts of the plant as concerns the manufacture or production of the materials. Adequate facilities shall be furnished free of charge to make the necessary inspection. The City assumes no obligation to inspect materials at the source of supply. 4-1.4 Test of Materials. The first paragraph shall be deleted and replaced with the following paragraphs: Before incorporation in the Work, the Contractor shall submit samples of materials, as the Engineer may require, at no cost to the Agency. The Contractor, at its expense, shall deliver the materials for testing to the place and at the time designated by the Engineer. Except as elsewhere specified, the City will bear the cost of testing material and/or workmanship, which meet or exceed the requirements indicated in the Standard Specifications and the Special Provisions. The cost of all other tests, including the retesting of material or workmanship that fails to pass the first test, shall be borne by the Contractor. The Contractor shall at his expense furnish the City, in triplicate, certified copies of all required factory and mill test reports. Any materials shipped by the Contractor from a factory or mill prior to having satisfactorily passed such testing and inspection by a representative of the City shall not be incorporated in the work, unless the Engineer shall have notified the Contractor, in writing, that such testing and inspection will not be required. 4-1.5 Certificate of Compliance. Add the following paragraphs at the end of the subsection: A Certificate of Compliance shall be furnished prior to the use of any materials for which these specifications or the special provisions require that such a certificate be furnished. In addition, when so authorized in these specifications or in the special provisions the Engineer may permit the use of certain materials or assemblies prior to sampling and testing if accompanied by a Certificate of Compliance. The certificate shall be signed by the manufacturer of the material or the manufacturer of assembled materials and shall state that the materials involved comply in all respects with the requirements of the specifications. A Certificate of Compliance shall not relieve the Contractor or responsibility for incorporating material in the work GP -8 Page 514 which conforms to the requirements of the plans and specifications, and any such material not conforming to such requirements will be subject to rejection whether in place or not. The City reserves the right to refuse to permit the use of material on the basis of a Certificate of Compliance. The form of the Certificate of Compliance and its disposition shall be as directed by the Engineer. GP -9 Page 515 SECTION 5 - UTILITIES 5-1 LOCATION 5-1.1 General. Add the following after the first paragraph: The location and existence of any underground utility or substructure was obtained from a search of available records. No guarantee is made or implied that the information is complete or accurate. It shall be the Contractor's responsibility alone to determine the exact location of underground utilities or substructures of every nature and to protect them from damage. The Contractor shall excavate and expose all high-risk underground facilities. The Contractor shall notify the owners of all utilities and substructures as set forth in these Special Provisions. 5-1.2 Payment. The text of the subsection shall be deleted and replaced with the following: Any utility locations that are indicated on the plans to be potholed prior to construction will be paid for at the unit cost bid in the proposal. For all other utilities, if no pay item is provided, full compensation for such work shall be considered as included in the prices bid for other items of work. 5-4 RELOCATION Add the following paragraph at the end of the subsection: Any facilities to be relocated by the Contractor, as indicated on the plans, shall be relocated in a workmanlike manner. All such work shall be done only at such times which are acceptable to the owner. The Contractor shall schedule his relocation work in cooperation with the owner and shall be responsible for any costs resulting from the Contractor's failure to do the work at tames which are acceptable to the owner. The Contractor shall notify owners as least two (2 ) working days in advance of any work on any of their utilities. The following subsection shall be added: 5--7 UTILITY CONNECTION For utility connections to City owned facilities, the Contractor shall take all action necessary to ensure that such utilities are placed in the City's name. GP -10 Page 516 SECTION 6 - PROSECUTION, PROGRESS AND ACCEPTANCE OF THE WORK 6-1 CONSTRUCTION SCHEDULE AND COMMENCEMENT OF WORK 6-1.1 Construction Schedule Add the following paragraphs at the end of this subsection: Prior to the commencement of construction, arrangements will be made by the City for a meeting between the Contractor, the Engineer, Utility Representatives, designers and others as may be involved with the project. The purpose of this meeting is to coordinate the activities of the Contractor within the limits of this contract, review utility conflicts, review scheduling, discuss construction methods and clarify inspection procedures, etc. The Contractor shall submit at this meeting, for approval by the Engineer, the proposed construction schedule. The Contractor shall submit Progress Reports to the Engineer by the tenth day of each month. The report shall include an updated Construction Schedule. Any deviations from the original schedule shall be explained. Progress payments will be withheld pending receipt of any outstanding reports. 6-3 SUSPENSION OF THE WORK 6-3.1 General. Add the following paragraph following paragraph one: In the event a suspension of work is ordered because of failure on the part of the Contractor to carry out orders given or to perform any provisions of the work, such suspension of work shall not relieve the Contractor of his responsibility to complete the work within the time limit set forth herein and shall not be considered cause for extension of the time for completion, and further, such suspension of work shall not entitle the Contractor to any additional compensation. 6-7 TIME OF COMPLETION 6-7.2 Working Day. The following subsection shall be added: The Contractor's working day activities shall be limited to the hours between 7:00 A.M. and 4:30 P.M., Monday through Thursday, excluding recognized City holidays and any City holiday closure period. See Appendix 2 "City Working Day Calendar". The working day shall encompass 8 hours from start to finish, including clean-up and securing the work site. Deviation from normal working hours will not be allowed without prior consent of the Engineer. Work near schools or located on major arterials may be subjected to additional working hour provisions. In the event work is allowed by the Engineer outside of the normal working hours, at the request of and for the benefit of the Contractor, inspection service fees may be levied against the Contractor at the current rate per hour, plus time and one-half and 15% administration fee, including travel time where GP -11 Page 517 applicable, with a minimum hourly charge for four (4) hours. The above charge may also be levied if inspection services are deemed necessary by the Engineer as a matter of public safety or to otherwise insure the quality of the work. 6-8 COMPLETION, ACCEPTANCE, AND WARRANTY. 6-8.1 Completion. Delete the following from the last sentence: "...and to which liquidated damages will be computed." 6-8.3 Warranty. The first paragraph shall be deleted and replaced with the following: All work shall be warranted by the Contractor against defective workmanship and materials for a period of 1 year from the date of the acceptance of the work by the Board. The following shall be added to the end of the second paragraph: In addition, manufacturers, warranties, guarantees, instruction sheets and parts list, which are furnished with articles or materials incorporated in the work, shall be delivered to the Engineer before acceptance of the work by the City. 6-9 LIQUIDATED DAMAGES The last sentence of paragraph one shall be deleted and replaced with the following: For each consecutive calendar day in excess of the time specified in Item 3 of the Contract Agreement, as adjusted in accordance with Subsection 6-6, for completion of the Work the Contractor shall pay to the Agency, or have withheld from monies due it, the sum of $2,000.00 unless otherwise provided in the Specifications. The last paragraph shall be deleted and replaced with the following: Execution of the Contract shall constitute agreement by the Agency and the Contractor that $2,000.00 per day is the minimum value of the costs and actual damage caused by the failure of the Contractor to complete the Work within the allotted time. Such sum is liquidated damages and shall not be construed as a penalty, and may be deducted from payments due the Contractor if such delay occurs. The following paragraph shall be added at the end of the subsection: The Engineer will set forth in writing the date of Substantial Completion of the work and this will be the date which liquidated damages will be computed. GP -12 Page 518 SECTION 7 - RESPONSIBILITIES OF THE CONTRACTOR 7-1 THE CONTRACTOR'S EQUIPMENT AND FACILITIES 7-1.1 General. The following sentence shall be added to the end of paragraph one: Such equipment and facilities shall meet all requirements of applicable ordinances and laws. 7-2 LABOR 7-2.2 Prevailing Wages. The following paragraphs shall be added following paragraph one: The Contractor, and all subcontractors, suppliers and vendors, shall comply with all City, State and Federal orders regarding affirmative action to ensure equal employment opportunities and fair employment practices. Failure to file any report due under said orders will result in suspension of progress payments. The Contractor shall ensure unlimited access to the job site for all equal employment opportunity compliance officers. Particular attention is called to the Labor Code of California, Part 7, Chapter I, Article 2, "Wages," Article 3, "Working Hours." Attention is also directed to the provisions in Section 1777.5 and 1777.6 of the Labor Code concerning the employment of apprentices by the Contractor or any subcontractor under him. The following subsection shall be added: 7-2.6 Job Site Notice. Pursuant to the Labor Code, Division 2, Part 7, Chapter 1, Section 1771..4(a)(2), the prime contractor shall post job site notices, as prescribed by regulation. 7-3 INSURANCE The text of this entire subsection, except the last paragraph under subsection 7-3.1 and entire subsection 7-3.3 (Workers` Compensation Insurance), shall be deleted and replaced with the following in accordance to the City's "Contract Agreement": The Contractor shall not commence work under this contract until he has obtained all insurance required hereunder in a company or companies acceptable to the City nor shall the Contractor allow any subcontractor to commence work on his subcontract until all insurance required of the subcontractor has been obtained. The Contractor shall take out and maintain at all times during the life of this contract the following policies of insurance: GP -13 Page 519 a. Compensation Insurance: Before beginning work, the Contractor shall furnish to the Engineer a certificate of insurance as proof that he has taken out full compensation insurance for all persons whom he may employ directly or through subcontractors in carrying out the work specified herein, in accordance with the laws of the State of California. Such insurance shall be maintained in full force and effect during the period covered by this contract. In accordance with the provisions of Section 3700 of the California Labor Code, every contractor shall secure the payment of compensation to his employees. Contractor, prior to commencing work, shall sign and file with the City a certification as follows: "I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for worker's compensation or to undertake self-insurance in accordance with the provisions of that Code, and I will comply with such provisions before commencing the performance of the work of this contract." b. The policy of insurance provided for in subparagraph a. shall contain an endorsement which: (1) Waives all right of subrogation against all persons and entities specified in subparagraph 7-3 d.(2) hereof to be listed as additional insureds in the policy of insurance provided for in paragraph c. by reason of any claim arising out of or connected with the operations of Contractor or any subcontractor in performing the work provided for herein; (2) Provides it shall not be canceled or altered without thirty (30) days' written notice thereof given to City by registered mail. C. For all operations of the Contractor or any subcontractor in performing the work provided for herein, insurance with the following minimum limits and coverage: (1) Public Liability - Bodily Injury (not auto) $2,000,000 each person; $2,000,000 each accident. (2) Public Liability - Property Damage (not auto) $1,000,000 each accident; $2,000,000 aggregate. (3) Contractor's Protective - Bodily Injury $1,000,000 each person; $2,000,000 each accident. (4) Contractor's Protective - Property Damage $1,000,000 each accident; $2,000,000 aggregate. (5) Automobile - Bodily Injury $2,000,000 each person; $3,000,000 each accident. (6) Automobile - Property Damage $2,000,000 each accident. GP -14 Page 520 d. Each such policy of insurance provided for in paragraph c. shall: (1) Be issued by an insurance company approved in writing by City, which is qualified to do business in the State of California. The insurance company shall have a policy holder rating of A or higher and a Financial Class VII or higher established by A.M. Best Company Rating Guide; (2) Name as additional insured the City of Rancho Cucamonga, its elected officials, officers, agents and employees, and any other parties specified in the bid documents to be so included: (3) Specify it acts as primary insurance and that no insurance held or owned by the designated additional insureds shall be called upon to cover a loss under said policy; (4) Contain a clause substantially in the following words: "It is hereby understood and agreed that this policy may not be canceled nor the amount of the coverage thereof reduced until thirty (30) days after receipt by City of a written notice of such cancellation or reduction of coverage as evidenced by receipt of a registered letter." (5) Otherwise be in form satisfactory to City. e . The Contractor shall at the time of the execution of the contract present the original policies of insurance required in paragraphs a. and c. hereof, or present a certificate of the insurance company showing the issuance of such insurance, and the additional insureds and other provisions required herein. Refer to Appendix Item 3 for an example of an approved set of Certificates of Insurance. The "Name(s), Organization(s) anal/or Political Subdivision (s) " in the "Additional Insured..." form(s) and in the "Waiver..." form($) must be worded exactly as shown on the example. The Contractor's insurance company or companies may charge an additional premium to include the City required exact wording on these Certificates of Insurance endorsements. The Bidder's bid proposal shall include the cost of these premium(s), if any. 7-5 PERMITS The entire text of Subsection 7-5 is deleted and replaced with the following: Prior to the start of any work, the Contractor shall obtain the applicable City permits and make arrangements for City inspections. The City will issue the permits at no charge to the Contractor. The Contractor and all subcontractors shall each obtain a City business license, and shall be licensed in accordance with State Business and Professions Code. The Contractor shall also obtain any and all other permits, licenses, inspections, certificates, or authorizations required by any governing body or entity. GP -15 Page 521 The Contractor shall submit a Temporary Use Permit application to the Code Enforcement Office of the Planning Division of the City before utilizing a temporary construction storage site. The application shall state the site's intended use and include a map showing the location of the temporary storage area in relation to the project area along with proposed ingress and egress routes. Permit submittal information can be obtained from Code Enforcement, (909) 477-2720. In the event that the City has obtained permits, licenses or other authorizations applicable to the work from other agencies, the Contractor shall comply with the provisions of said permits, licenses and other authorizations. Any charges for permit fees, licenses, inspection fees, certificates, insurance, authorizations, bonds that are required by any other governing body entity, utilities, railroads, agency shall be paid for by the Contractor. The actual costs of these charges to the Contractor shall be reimbursable by the City. 7-6 THE CONTRACTOR'S REPRESENTATIVE The following paragraphs shall be added following paragraph one: The Contractor shall file with the Engineer the addresses and telephone numbers where he or his designated representative may be reached during hours when the work is not in progress, so that 24-hour, 7 -days -a -week contact can be maintained. Instructions and information given by the Engineer to the Contractor's authorized representative or at the address or telephone numbers filed in accordance with this section shall be considered as having been given to the Contractor. 7-8 WORK SITE MAINTENANCE 7-8.3 Noise Control. The text of the subsection shall be deleted and replaced with the following: Noise generated from the Contractor's operations shall be controlled as specified by City Ordinance. The use of excessively loud warning signals shall be avoided except in those cases required for the protection of personnel. 7-9 PROTECTION AND RESTORATION OF EXISTING IMPROVEMENTS The second paragraph is deleted and replaced with the following paragraphs: The Contractor shall relocate, repair, replace or reestablish all existing improvements within the project limits which are not designated for removal (e.g., curbs, sidewalks, driveways, fences, walls, irrigation systems, signs, utility installations, pavements, structures, landscaping etc.) which are damaged or removed as a result of his operations or as required by the Plans and Specifications. Damaged or removed traffic signal detector loops and or GP -16 Page 522 irrigation systems shall be replaced or repaired and returned to service within 72 hours except as directed by the Engineer. Where existing traffic striping, pavement markings, and curb markings are damaged or their reflectivity reduced by the Contractor's operations, such striping or markings shall also be considered as existing improvements and the Contractor shall repaint or replace such improvements. Relocations, repairs, replacements or re -establishments shall be at least equal to the existing improvements and shall match such improvements in finish and dimensions unless otherwise specified. The last paragraph is deleted and replaced with the following: All costs to the Contractor for protecting, removing, restoring, relocating, repairing, replacing, or re-establishing existing improvements shall be included in the Bid. 7-10 SAFETY The following subsections shall be added: 7-10.1 Access 7-10.1.1 General. The Contractor shall notify the occupants of all affected properties at least seventy-two hours prior to any temporary obstruction of access. Vehicular access to property line shall be maintained except as required for construction for a reasonable period of time. No overnight closure of any driveway will be allowed except as permitted by the Engineer. At least one twelve foot wide traffic lane shall be provided for each direction of travel on all streets at all times except as permitted by the Engineer. The traffic lanes shall be maintained on pavement, and shall remain unobstructed. Clearances from traffic lanes shall be five feet to the edge of any excavation and two feet to the face of any curb, pole, barricade, delineator, or other vertical obstruction. 7-10.2 Work Area Traffic Control 7-10.2.1 General. The Contractor shall prepare a permit application for street closure and shall attach two copies of the proposed traffic control signing, barricading and/or detour routing. The permit application and accompanying attachments shall be reviewed by the City Traffic Engineer. Upon the Traffic Engineer's approval, a no -fee Street Closure Permit shall be issued. No Street Closure, Lane Closure, Detour or other work requiring traffic control shall commence GP -17 Page 523 prior to issuance of said permit. The Contractor shall provide and install barricades, delineators, warning devices and construction signs in accordance with the current California Joint Utility Traffic Control Manual (CJUTCM) published by the California Inter - Utility Coordinating Committee, the Work Area Traffic Control Handbook (WATCH) and the current Caltrans Manual of Uniform Traffic Control Devices (CA MUTCD) unless otherwise approved by the Engineer. During adverse weather or unusual traffic or working conditions additional traffic devices shall be placed as directed by the Engineer. Should the Contractor fail to furnish a sufficient number of traffic and/or pedestrian safety devices, the City will place such necessary items and the Contractor shall be liable to the City for providing such devices in accordance with the following provisions: 1. Rental Rates A. Type I or II Barricades - $5.00 per barricade for the first day or any part thereof and $2.00 per barricade per day for each day thereafter or any part thereof. B. Type III Barricades - $15.00 per barricade for the first day or any part thereof and $5.00 per barricade per day for each day thereafter or any part thereof. C. Flashers - $5.00 per flasher for the first day or any part thereof and $2.00 per flasher per day for each day thereafter or any part thereof. D. Construction Signs - $5.00 per construction sign for the first day or any part thereof and $2.00 per construction sign per day for each day thereafter or any part thereof. E. Cones - $1.00 per cone for each day or any part thereof. 2. Replacement Charges A. Type I or II Barricades - $20.00 per Type I or II barricade that is lost or damaged. B. Type III Barricades - $100.00 per Type III barricade that is lost or damaged. C. Flasher - $15.00 per flasher that is lost or damaged. D. Signs - $30.00 per sign that is lost or damaged. E. Cones - $5.00 per cone that is lost or damaged. 3. Service Charges GP -18 Page 524 A. Service trips between the hours of 7:00 A.M. and 3:00 P.M. - $30.00 per hour, two hour minimum each service trip. B. Service trips between the hours of 3:00 P.M. and 7:00 A.M., or any time on Saturday, Sunday, or a City Holiday - $35.00 per hour, two hour minimum each service trip. Judgment as to adequate or sufficient barricading shall be that which is adequate or sufficient in the opinion of the Engineer. The Contractor shall relocate, preserve and maintain the visibility of all existing signs within the project limits which affect the flow of traffic, as directed by the Engineer. Any signs which are damaged or found to be missing during the course of construction shall be replaced by the Contractor at his expense as directed by the Engineer. All other signs that interfere with the course of work and are not necessary for the safe flow of traffic will be removed and replaced by the City. Traffic control signs include Stop Signs, Speed Limit, Parking Restriction and other regulatory signs. The Contractor shall not close any street within the City of Rancho Cucamonga without first obtaining the approval of the Engineer. Lane closures on four lane streets shall be restricted to between the hours of 8:30 AM and 4:00 PM. 7-10.4 Safety. 7-10.4.2.3 Payment. The entire text of the subsection is deleted and replaced with the following: Payment for performing all work necessary to provide safety measures or compliance with the provisions of the safety orders and all other laws, ordinances, and regulations shall be included in the various bid items, except where separate bid items for excavation safety are provided or required by law. The following subsection shall be added: 7-10.4.7 Protection of Pubic. Whenever the construction occurs within a developed residential area and/or through a school site, the Contractor shall take all necessary precautions to protect the public, especially children, from the hazards of open excavations. Trenches shall either be covered or adequately fenced at night and on weekends or whenever operations are not in actual process. Unusual conditions may arise on the project, which will require that immediate and unusual provision be made to protect the public from danger or loss or damage to life and property, due directly or indirectly to the progression of the work. It is part of the service required of the Contractor to make such provisions and to furnish such protection. The Contractor shall use such foresight and shall take such steps and precautions as his operations make necessary to protect the public from danger or damage, or loss of life or property, which would result from the interruption GP -19 Page 525 or contamination of public water supply, irrigation or other public service or from the failure of partly completed work. Whenever, in the opinion of the City, an emergency exists against which the Contractor has not taken sufficient precaution for the safety of the public or the protection of utilities or of adjacent structures or property or if immediate action shall be considered necessary in order to protect public or private personnel or property interest, or prevent likely loss of human life or damage on account of the operations under the contract, then and in that event the City may provide suitable protection to said interest by causing such work to be done and material to be furnished, as, in the opinion of the City may seem reasonable and necessary. The cost and expense of said labor and material together with the cost and expense of such repairs as may be deemed necessary shall be borne by the Contractor, and if he shall not pay said cost and expense upon presentation of the bills therefore, duly certified by the Engineer, then said costs and expense will be paid by the City and shall thereafter be deducted from any amounts due, or which may become due said Contractor. Failure of the City, however, to take such precautionary measure, shall not relieve the Contractor of his full responsibility for public safety. The following subsection shall be added: 7-10.6 Storage of Equipment and Materials in Public Streets. Construction materials shall not be stored in streets, roads, or highways. All materials or equipment not installed or used in construction shall be stored elsewhere by the Contractor at their expense unless authorized additional storage time. Construction equipment shall not be stored at the work site before its actual use on the work site or after it is no longer needed. Time necessary for repair or assembly of equipment may be authorized by the Engineer. Excavated material, except that which is to be used as backfill in the adjacent trench, shall not be stored in public streets unless otherwise permitted. After placing backfill, all excess material shall be removed immediately from the site. The foregoing provisions are in addition to and not in limitation of any other rights or remedies available to the City. 7-13 LAWS TO BE OBSERVED The following paragraphs shall be added after paragraph one: If a discrepancy or inconsistency is discovered in the Plans, Drawings, Specifications or Contract for the work in relation to any such law, ordinance, regulation, order or decree, the Contractor shall forthwith report the same to the Engineer in writing. GP -20 Page 526 Per City Municipal Code Section 8.17.050/8.19.051, if the Contractor finds it necessary to make use of a refuse hauling service, only the City Franchised Hauler shall be used. Contact Burrtec Waste Industries at (909) 987--3717. The following subsection shall be added: 7-15 PAYROLL RECORDS The Contractor and each of his subcontractors shall prepare payrolls on forms prescribed and in accordance with instructions furnished by the City. Within seven (7) days after the regular payment date of the payroll, the Contractor shall deliver to the City a certified and legible copy of each payroll. Such payroll shall be sworn to in accordance with the federal regulations made pursuant to the "Kick Back Statute.' Such copies of payrolls shall be accompanied by substantial proof that all bills for services rendered and materials supplied have been duly paid for. The Contractor shall not carry on his payroll any person not employed by him. Employees of a subcontractor must be carried on the rolls of the employing subcontractor. This project is subject to compliance monitoring and enforcement by the Department of Industrial Relations. For all new projects awarded on or after April 1, 2015, the contractors and subcontractors must furnish electronic certified payroll records to the Labor Commissioner. The requirement to furnish electronic certified payroll records to the Labor Commissioner will apply to all public works projects, whether new or ongoing, beginning January 1, 2016. Each Contractor or Subcontractor shall preserve his weekly payroll records for a period of three (3) years from the date of the acceptance of the work by the Board. The payroll records shall set out accurately and completely the name, address, social security number, occupational classification, and hourly wage rate of each employee, hours worked by him during the payroll period, and full weekly wages earned by him, any deductions made from such weekly wages, and the actual weekly wages paid to him. Such payroll records shall be made available at all tunes for inspection by the City or its authorized representatives. The Contractor agrees that, in case of underpayment of wages to any worker on the project under this contract by the Contractor or any subcontractor, the City shall withhold from the Contractor out of payments due, an amount sufficient to pay such worker the difference between the wages required to be paid under this contract and the wages actually paid such worker for the total number of hours worked and that the City may disburse such amount so withheld by it for and on account of the Contractor to the employee to whom such amount is due. The Contractor further agrees that the amount to be withheld pursuant to this paragraph may be in addition to the percentages to be retained by the City pursuant to other provisions of this contract. GP --21 Page 527 SECTION 8 - FACILITIES FOR AGENCY PERSONNEL The provisions of this section shall be deleted and replaced with the following: Field offices for City personnel are not required; however, City personnel shall have the right to enter upon the project at all times and shall be admitted to the offices and sanitary facilities provided by the Contractor for use by his own personnel. GP -22 Page 528 SECTION 9 - MEASUREMENT AND PAYMENT 9-3 PAYMENT 9-3.1 General. The following paragraphs shall be added at the end of the subsection: Whenever the Contractor is required to perform work or furnish equipment, labor, tools and materials of any class for which no price is fixed in the Proposal, it shall be understood that such work, equipment, labor, tools and material shall be provided without extra charge, allowance, or direct payment of any kind. The cost of performing such work or furnishing such equipment, labor, tools and materials ,shall be included in the unit bid prices in the proposal and no additional compensation will be made therefore. If any portion of the work done or materials furnished under the Contract shall prove defective or not in accordance with the specifications and contract drawings, and if the imperfection in the same shall not be of sufficient magnitude or importance to make the work dangerous or undesirable, the Engineer shall have the right and authority to retain the work instead of requiring it to be removed and reconstructed, but he shall make such deductions therefor in the payment due the Contractor as may be just and reasonable. 9.3.2 Partial & Final Payment. Paragraph two shall be deleted and replaced with the following paragraph: on the work day following the designated closure date for preparation of progress estimates, the Contractor shall submit to the Engineer a written progress estimate based on the Contract Unit Prices or as provided for in Subsection 9-2 of the work that has been satisfactorily completed. The Engineer will review the estimate and approve it or notify the Contractor of any exceptions. The Engineer will determine and prepare the partial and final payments. If the Contractor fails to submit a written progress estimate, the Engineer will determine the quantity of work performed. No such progress estimate will be required nor payment will be made when the total number of working days is twenty-five (25) or less or when the value of the work totals less than five hundred dollars ($500.00). Progress payment will, when properly completed as specified, be paid within 30 calendar days of submittal, and it is understood that any delay in the preparation, approval and payment of these demands will not constitute a breach of contract on the City. 9-3.3 Delivered Materials. The text of this subsection shall be deleted and replaced with the following: Materials and equipment delivered but not incorporated into the work will not be included in the estimate for progress payment. GP -23 Page 529 PART 2 CONSTRUCTION MATERIALS SECTION 200 - ROCK MATERIALS 200-1 ROCK PRODUCTS 200-1.4 Coarse Aggregate for Portland Cement Concrete. The Cleanness Value requirement shall be replaced with the following: Tests Test Method Requirements Cleanness Value California 227 Individual Test 70 Min. Moving Average 75 Min. 200-1.5 Sand 200-1.5.3 Sand for Portland Cement Concrete. The Sand Equivalent requirement shall be replaced with the fallowing: Tests Test Method Requirements Sand Equivalent California 217 Individual Test 70 Min. Moving Average 75 Min. 200-2 UNTREATED BASE MATERIALS 200--2.1 General. The first paragraph shall be deleted and replaced with the following: Untreated base shall be Crushed Aggregate Base. The following paragraph shall be added following paragraph 2: The gradation and sand equivalent requirements of subsections 200-2.2, 200-2.3, 200-2.4, 200-2.5 and 200-2.6 shall be the moving average requirements. Individual test requirements shall be determined by the Engineer. 200-2.2.3, 200-2.4.3 and 200-2.$.4 Quality Requirements. The following paragraph shall be added at the end of each subsection: The minimum R -Value requirement will not be waived. MA -1 Page 530 SECTION 201 - CONCRETE, MOR'T'AR AND RELATED MATERIALS 201-1 PORTLAND CEMENT CONCRETE 201-1.1 Requirements 201-1.1.1 General. The following paragraph shall be added following the last paragraph: The Contractor shall furnish the Engineer with a copy of the mix design to be used and with a legible certified weight -masters certificate for each load of P.C.C. delivered to the project. Portland Cement Concrete delivered to the project site having a water content and/or slump greater than that specified in the mix design shall be rejected and removed from the project site. MA -2 Page 531 PART 3 CONSTRUCTION METHODS SECTION 300 - REMOVALS ,AND EARTHWORK 300-1 REMOVALS 300-1.1 CLEARING AND GRUBBING 300-1.1.1 General. The following paragraph shall be added at the end of the section: Clearing and grubbing limits shall extend to any areas of work outside the right-of-way that are shown on the plans. 300-1.2 Removal of Existing Improvements 300-1.2.3 Concrete Improvements 300-1.2.3.2 Concrete Curb, Walk, Gutters, Cross Gutters, Curb Ramps, Driveways, and Alley Intersections. Add the following at the end of the paragraph: No section of curb and gutter to be replaced shall be less than 72 inches long, measured parallel to the flow line. If construction joints, score lines or fractures are present within 72 inches of the proposed removal area, measured parallel to the flow line, removals shall be extended to the nearest score line or joint, or to the nearest score line or joint beyond the fractured area. 300-1.2.8 Payment. The following paragraph shall be added after the first paragraph: When the removal and disposal of materials are listed separately in the bid, payment for removal and disposal of said materials shall be made at the contract Unit Price as shown, and shall not be included in the Lump Sum Price or the Price Per Acre bid for clearing and grubbing. Payment shall include full compensation for furnishing all labor, materials, tools, equipment and incidentals and for doing all work involved in said removal and disposal. ME -3 Page 532 SECTION 303 - CONCRETE AND MASONRY CONSTRUCTION 303-1 CONCRETE STRUCTURES 303-1.2 Subgrade for Concrete Structures. Paragraph 2 shall be deleted and replaced with the following paragraphs: If the plans and special provisions for the project provide for the construction of gravel base material, and that material will be subgrade for concrete, the Contractor shall furnish 6 mil polyethylene sheeting as a subgrade cover. The placing of steel reinforcement and placement of concrete shall follow the installation of the polyethylene sheeting as closely as possible. The gravel base material shall be kept free from water to prevent any portion of concrete material being deposited in water. No payment will be made for dewatering other than as may be included in the prices bid for the various items of work or when an item for dewatering is provided. The Contractor shall excavate to the subgrade dimensions and grades shown on the plans or as directed by the Engineer. Where a firm foundation is not encountered due to soft, spongy or other unsuitable material, all such unsuitable material shall be removed and replaced with Gravel Base Material, or compacted backfill, at the discretion of the Engineer. 303-1.7 Placing Reinforcement 303-1.7.1 General. The following shall be added to the end of paragraph one: Reinforcing steel shall be of the same grade throughout the structure. 303-1.8 Placing Concrete 303-1.8.6 Joints. Paragraph one shall be deleted and replaced with the following paragraph: Transverse construction joints shall be placed in all reinforced sections of concrete construction at intervals not less than 10 feet nor more than 50 feet or as designated on the plans. The joint locations shall be similarly located and in the same plane for the entire structure. For concrete thicknesses greater than 6 inches, the joint shall be keyed as directed by the Engineer. The Contractor shall construct, in one continuous concrete placing operation, all work comprised between such joints. Joints shall be kept moist until adjacent concrete is placed. The following paragraph shall be added after paragraph three: Water stops for reinforced concrete conduits and structures, where called for on the plans shall be Burke Concrete Accessories "Vinylock Waterstop D 316- 611, Kirkhill Rubber Co. "KP 1424-6D" or an approved equivalent. ME -4 Page 533 303-5 CONCRETE CURBS, WALKS, GU'T'TERS, CROSS GUTTERS, ALLEY INTERSECTIONS, ACCESS RAMPS, AND DRIVEWAYS. 303-5.1 Requirements 303-5.1.1 General. The second paragraph shall be deleted and replaced with the following: The thickness of sidewalks, gutters, cross gutters, alley .intersections, access ramps and driveway aprons shall be as shown on the City Standard Plans or improvement plans. Areas of Miscellaneous Concrete adjacent to or behind sidewalks and driveways shall be considered as a walk for the purpose of these specifications. No concrete shall be ordered and/or poured until the forms and subgrade have been inspected and approved by the Engineer in the field. All pullboxes, water meter boxes and water valve covers shall be adjusted to proposed finish grade and approved by the Engineer in the field prior to placement of the concrete: i.e., curbs, walks, gutters, etc. 303-5.1.3 Driveway Entrances. Delete the second and third paragraphs. 303-5.4 Joints. 303-5.4.2 Expansion Joints. The third paragraph shall be deleted and replaced with the following: Expansion joint fillers, 6mm (1/4 inch) thick, shall be placed in walk at the EC and BC of all walk returns and around all utility poles, manhole rims, valve canisters, pull boxes, mail box risers, fire hydrants, which may project into concrete along the line of work including any similar objects that may be directed by the Engineer. 6mm (1/4 inch) joints shall be constructed in returns between the walk and the back of curb returns when required by the Engineer. At the EC and BC and around utility poles and similar objects described above, the joint filler -strips shall extend the full depth of the concrete being placed. Joint filler -strips between walk and curb shall be the depth of the walk plus 25mm (I inch) with the top set flush with the specified grade of the top of curb. 303-5.6 Curing. The first paragraph shall be deleted and replaced with the following: Immediately after finishing operations are completed, Type 2 concrete curing compound conforming to 201-4.1 shall be applied at a rate of one gallon per 150 square feet. ME -5 Page 534 .c Z Page 535 ITEM 1 Traffic Si*gnal R 1. Syste Remp-ulacement Spec I*ficati*ons Page 536 Section 900 - Traffic Signal Battery Backup System Replacement FY 19- 20 Project Specifications 901. SCOPE OF WORK The project consists of, but is not limited to, the removal of existing Battery Backup System (BBS) systems from project sites and replace with new Clary Corporation systems to include cabinet, inverter, power interface module, and batteries. The intent of these specifications is to provide for a complete and finished project in accordance with the provisions herein including all necessary labor, equipment, and materials. 902. Battery Backup?„System (BBS) Clary Corporation SP 1250LX--N unit with one (1) manual SPD -302C By-pass switch with GFI, RV generator cable and plug, six (6) 41 -amp hour series batteries, including required cables and wiring per manufacturer recommendations. All BBS equipment and associated batteries shall be attached to the outside of the traffic signal controller cabinet in a separate NEMA enclosure by Signal Power SP Series CBS -127, 0.125 thick natural 5052- H32 aluminum finish, Corbin Type 2 door lock, with lifting eyes. The BBS enclosure shall be mounted on the right exterior wall of the traffic signal controller cabinet unless otherwise directed by the Public Works Services Director and/or his designee. The enclosures shall maintain a three-foot clearance around the enclosure. The mounting height of the enclosure shall be approved by the Public Works Services Director and/or his designee prior to installation at each location. Battery Specification. 41 -amp hour deep cycle 12 -volt battery for traffic signal battery Valve regulated lead acid (VRLA). outside environment rated temperature -40F to 165F Sealed, maintenance free (no adding water) Non -spill able, immobilized electrolyte Absorbed Glass Mat construction (AGM) Battery shall also have a flat nylon strap attached to the battery's side or approved equal so that it can be pulled sideways out of the battery enclosure for easy removal and/or lifting battery. Underwriters Laboratories testing specification UL 924, UL 1989 for VRLA batteries Battery Size, maximum dimension (9 inches length) X (5.5 inches width) X (8.9 inches height) Battery connection to UPS system are to be "Anderson Connectors” to be attached by the manufacture to the batteries negative and positive terminals via corresponding twelve (12) inches in length of red and black wire AWM or AWG #10 The wires (conductors) shall be attached to the battery so that at the point of connection they are totally encapsulated and no metal is open n _ the- r[s phere nr mo 8A ,uxe::::: _:: The :::::Qzzre tis g -tea x� ne ga-t i ve and positive terminals shall exit the terminals horizontally so the wires SP -1 Page 537 are not pinched if batteries are stacked. Anderson connector part number " NV APP 1327 -RED HSG ", Andersen connector part number " NV APP 1327G6 ELK HSG " Date battery was manufactured and serial number shall be on every battery. Manufacturer shall warranty the batteries to operate at 100, rated capacity for the first 250 days of installation, and up to five years at a minimum of 75 °s capacity. The battery lifespan shall begin not more than sixty (60) days prior to activation or installation of system. Batteries date stamped and shall be visible when opening the cabinet. AC conductors shall be replaced when found to be spliced between the AC Service Pedestal and the Traffic Signal Cabinet. This will need to be done on a Time and Materials (T & M) basis. The Contractor shall submit a labor, equipment, and materials estimate in writing for any T & M work required and verified by the City. If T & M work is done without written authorization from the City, it will not be paid for by the City. 903. SUPERVISION and STAFF The contractor shall assign a supervisor to be available each working day, during regular working hours and available by cellular telephone after-hours, for the duration of the contract. The contractor and his staff shall have skills, expertise, and experience in all aspects of traffic signal and lighting maintenance. The contractor shall always have at least one staff member with a current International Municipal Signal Association (IMSA) Traffic Signal Senior Field Technician Level III Certification on site for the duration of project (Staff Certifications) must be submitted as part of your company's Bid Proposal). The contractors Representative shall be fluent in the English language and possess adequate skills to communicate both verbally and in writing with the Public Works Services Director or his designee. 904.COMMUNICATION The contract supervisor shall be available by cellular telephone which is able to clearly transmit and receive anywhere within the City Limits. The contract supervisor shall carry the cellular telephone on his person during the workday for communication with the City representative as needed. 905.EQUIPMENT The Contractor shall maintain his/her equipment in a safe and efficient operating condition. The Public Works Services Director and/or his designee shall have the right, but not duty, to inspect and reject any equipment that is substandard or operated in such a fashion to pose a safety hazard or prevent quality workmanship. 9..0.6.. -RESPONSE OF CONTRACTOR Failure of the Contractor or its supervisor to immediately respond to SP -2 Page 538 the Public Works Services Director and/or his designee's telephone notification of an emergency condition will be cause for contractor to be responsible for all expenses incurred by the City or its Contractors for repairs or responses to an emergency within work site. Failure of the Contractor to respond within one (1) hour of written notifications by the Public Works Services Director and/or his designee for deficient work or failures within the work area shall be cause for contractor to be responsible for any expenses incurred by City for up to one year. 907.REMOVAL OF DEFECTIVE OR UNAUTHORIZED WORK All work that has been rejected shall be removed and replaced in an acceptable manner at the cost of Contractor. Any extra work done without authority by Public Works Services Director and/or his designee will be unauthorized and removed at the expense of the Contractor. 908.SALVAGED OR DAMAGED EQUIPMENT AND OWNERSHIP Ownership of all materials existing and incorporated in the work is vested in the name of the City of Rancho Cucamonga. Salvaged or damaged equipment shall become the property of the City unless otherwise directed by the City. Contractor is responsible for the proper disposal and recycling of such material. 909. SAFETY MEASURES Contractor shall follow all Cal -OSHA and American National Standard Institute requirements for worker safety. 910.SITE MAINTENANCE Throughout the period of construction, the contractor shall maintain the site of the work in a safe, neat, and orderly condition free of any hazardous conditions, trash, debris, surplus materials, and objectionable matter of any kind, all to the satisfaction of the Public Works Services Director or his designee. During construction, the Contractor shall protect all existing improvements, including underground utilities, which are to remain in place within and adjacent to the right-of-way from damage resulting from his operation. 911.SOUND AND NOISE CONTROL The Contractor shall comply with all local sound control and noise level rules, regulations, and ordinances, which apply to any work performed pursuant to the contract. 912.TRAFFIC CONTROL The Contractor shall obtain an annual encroachment permit (no fee). The Contractor shall conduct his work in such a manner as to minimize the disruption of traffi—c-fro—W. ContractorThe- sha��--�--- SP-3 Page 539 obstruct or restrict any portion of the roadway until traffic controls have been set up per the WATCH handbook and California Manual of Uniform Traffic Control Devices (CA MUTCD). All traffic control methods shall conform to the latest edition of the WATCH handbook and CA MUTCD and this Scope of Work. Not more than one intersecting street shall be closed at any one time without the prior approval of the Traffic Engineer or his authorized representative. Traffic stoppages shall be limited to time periods approved by the Traffic Engineer. Maintenance operations shall be conducted in such a manner as to cause as little inconvenience as possible to abutting property owners. Convenient access to driveways, houses, and buildings along the line of work shall be maintained and temporary approaches to crossings or intersecting highways shall be provided and kept in good condition. No material or equipment shall be stored where it will interfere with the free and safe passage of public traffic. At the end of each day's work and at other times when maintenance operations are suspended for any reason, the Contractor shall remove all equipment and other obstructions from the portion of the roadway and open it for use by public traffic. The Contractor shall furnish all flagmen, barricades, barriers, lights, signs, and any other device which may be necessary for adequate and safe traffic control. Pedestrian traffic shall always be maintained in a safe manner. Pedestrian and emergency vehicular access shall be maintained to all residences, businesses and manufacturing establishments around the work area. All spillage and any excessive dirt or debris caused by hauling operations or moving equipment along or across any private or public property or public traveled way shall be removed immediately at the Contractor's expense. The Contractor shall always provide unobstructed access to all fire hydrants except as otherwise provided, in writing, by the Traffic Engineer. Failure to provide adequate safety devices, as directed by the Traffic Engineer, will cause the City to install safety devices as needed and the cost will be assessed to the Contractor at the City's actual cost. The City shall be entitled to offset any costs incurred against the Contractor's invoice. All costs for traffic control shall be included in the various items of work, and no additional compensation will be allowed. Attention is directed to Section 7-10, "Public Convenience and Safety, of the Standard Specifications for Public works Constructions, latest editi-ozr-and-t-h-e-se---speci--a-1---provis-i-ons. SP -4 Page 540 Warning signs, lights, and devices for use in performance of work on Highways shall conform to the "Manual of Uniform Traffic Controls Devices" latest edition and the "Work Area Traffic Control Handbook", latest edition. The Contractor shall conduct his operations as to offer the least possible obstruction and inconvenience to the public. Convenient access to abutting properties shall be maintained whenever possible. Contractor shall always maintain a minimum of one traffic lane in each direction. The contractor shall make their best effort to have the signalized intersection including new BBS functional by 4:30 pm at the end of each work day. However, if the signalized intersection and new BBS are not functional by 4:30 pm, contractor crews must stay on-site and complete all necessary work. To stay within budget, it is in the contractor's best interest to only schedule the amount of daily work its crews can complete by the end of each working day. For safety reasons, if the new BBS fails at any time within the contract period (but especially overnight, during non -work days, holidays, etc.) and the contractor does not respond within 2 hours of be notified of the BBS failure, the City will have its on-call traffic signal maintenance contractor come out and do all work necessary to make the new BBS functional. The cost for having the City's on-call traffic signal maintenance contractor do this work shall be deducted from the contract amount. 913.Working Days Forty (40) working days for the Base Bid and two (2) additional working days for each intersection listed in an awarded Additive Bid, 914.Warranty Service The Contractor shall guarantee the work against defective material or workmanship or a period of one (1) year from date of completion of the work. Damage due to traffic accidents, acts of nature and service power surges including those from sabotage and/or vandalism are exempt from the guarantee. When defective material and/or workmanship are discovered which require repairs to be made under this guarantee, all such work shall be done by the Contractor at its own expense within five (5) calendar days after written notice of such defects has been given to Contractor by the City. Should the Contractor fail to repair such defective material or workmanship within five (5) calendar days thereafter, the City may cause the necessary repairs to be made and charge the Contractor with the actual cost of all labor and materials required. in emergencies demanding immediate attention, if the Contractor is unable to respond, the City shall have the right to repair the defect and charge the Contractor with the actual cost of all labor and material required. Any repair work pe-r€-o-rme-d-as- here-i-n--speiai-f-ied----sha31—be-done-unde-r-t-he p-r-ova.--s--ons-of thL -- - - ---- original contract specifications. SP -5 Page 541 During the warranty period, the Contractor is expected to coordinate warranty repairs with the appropriate manufacturer or installing contractor. The Contractor shall notify the City of any undue delays by the manufacturer or installing contractor in responding to warranty requests and provide a detailed summary of the nature and reason for said warranty requests. 915.Additional Work Unforeseen or unanticipated conditions (such as the one noted on the last paragraph of Section 902) may arise after the start of work. If that happens, Contractor must immediately notify the City's representative of these unforeseen or unanticipated condition(s). Contractor and City representative shall discus these conditions and agree upon possible solutions. Once the solution(s) has been agreed upon, Contractor shall submit a Time and Materials (T & M) proposal for said agreed upon solution(s). Contractor cannot proceed with this additional T & M work without written authorization from the City. Any work down without written City authorization will not be paid for by the City. To standardize T & M costs, bidders must submit, as part of their bid proposal, a sheet stating the following: 1. The bidder's hourly labor rate for an IMSA Level III Technician 2. The bidder's hourly labor rate for Traffic Signal Level I Technician 3. The bidder's hourly labor rate for an Electrician (RT) 4. The bidder's hourly or trip/job rate for a Service/Utility Truck 5. The bidder's hourly or trip/job rate for a Bucket Truck G. The bidder's per linear foot cost for AC conduit/wire 7. The bidder's other relevant material costs Finally, at the bottom of the submitted with project Proposal T & M costs sheet(s), the bidder must include a signed and dated notation that the costs stated on the T & M costs sheet(s) will be fixed for the duration of the project contract. SP -6 Page 542 PROJECT INTERSECTIONS / LOCATIONS: Corner where BBS is to be removed and replace: Base Bid: 1 Base Line Road @ Pacific Electric Trail Northwest 2 Church Street @ Center Avenue Southeast 3 Church Street @ Elm Avenue West Northeast 4 Day Creek Boulevard @ Banyan Street Northeast Day-C-reek—Bou-3.-evard—@—ehurch--Street Northeast SP -6 Page 542 SP -7 Page 543 PROJECT INTERSECTIONS / LOCATIONS: Corner where BBS is to be removed and replace: 6 Foothill Blvd @ Cornwall Avenue Northwest 7 Foothill Blvd @ Victoria Commons/Promenade Southwest 8 Grove Avenue @ Pacific Electric Trail Northeast 9 Haven Avenue @ Arrow Route Northeast 10 Haven Avenue @ Pacific Electric Trail Southwest 11 Hellman Avenue @ Arrow Route Northeast 12 Hellman Avenue @ Pacific Electric Trail Southwest 13 Hermosa Avenue @ Feron Boulevard Northwest 14 Wilson Avenue @ San Savaine Road Northwest 15 19" Street @ Amethyst Avenue Northeast 16 19th Street @ Archibald Avenue Northeast 17 19th Street @ Beryl Street Northwest 18 19th Street @ Carnelian Street Northeast Additive Bid No 1 19 19th Street @ Hermosa Avenue Northwest 20 19th Street @ Sapphire Street Southeast Additive Bid No 2 21 4th Street @ Golden Oak Road Northeast 22 6th Street @ Golden Oak Road Southeast Additive Bid No 3 23 Archibald Avenue @ 4th Street Northeast 24 Archibald Avenue @ 6th Street Southeast Additive Bid No 4 25 Archibald Avenue @ 8th Street Northwest Additive Bid No 5 26 Archibald Avenue @ Highland Avenue Southeast 27 Archibald Avenue @ Lemon Avenue Northwest Additive Bid No 6 28 Arrow Route @ Archibald Avenue Northeast 29 Arrow Route @ Baker Avenue Southeast SP -7 Page 543 ITEM 2 %.-Aty Wor ng DaXTQ Page 544 CITY OF RANCHO CUCAMONGA WORKING DAY CALENDAR FOR 2020 JANUARY FEBRUARY Sun Mon Tue Wed Thu Fri Sat Sun Mon Tue Wed Thu Fri Sat MARCH Sun Mon Tue Wed Thu Fri Sat 1 1 2 3 4 4 I lolida L 352 353 6 5 6 7 8 9 10 11 4401 354 355 356 357 358 13 12 13 14 15 16 17 18 12 359 3601 301 3621 363 20 19 20 t 21 22 23 24 25 4SOI Ho ay 364 365 366 367 17 26 27 28 29 30 31 453 21 3681 3691 3701 371 372 MARCH Sun Mon Tue Wed Thu Fri Sat 1 2 2 3 436 4 is 4 5 6 7 7 9 376 392 438 393 4401 394 12 395 11 396 13 8 9 16 10 442 11 444 12 446 13 17 118 14 19 20 397 22 398 385 399 448 400 4SOI 401 26 15 16 26 17 28 18 30 19 Holidayl 20 453 21 455 402 403 404 405 406 22 23 24 25 26 27 28 407 408 409 =110 411 29 30 31 29 30 4121 413 434 435 MAY Sun Mon Tue Wed Thu Fri Sat :IENGDE5GNlforms\Calendars\Working Day Calendar 2020 1 2 3 436 5 3 4 5 6 7 8 9 376 437 438 439 4401 441 12 10 11 12 13 14 15 16 381 442 4431 444 445 446 19 17 118 21 19 20 21 22 23 385 447 448 449 4SOI 451 26 24 25 Q 26 27 28 129 30 390 Holidayl 4521 453 454 455 31 :IENGDE5GNlforms\Calendars\Working Day Calendar 2020 APRIL Sun Mon Tue Wed Thu Fri Sat 1 2 3 4 5 6 7 8 3 373 374 375 376 377 9 10 11 12 13 14 15 378 379 380 381 382 8 16 17 18 19 20 21 22 Holiday 383 384 385 386 23 24 25 26 27 28 29 14 387 388 389 390 391 77 APRIL Sun Mon Tue Wed Thu Fri Sat JUNE Sim Mnn TuP Wed Thu Fri Sat 1 2 1 2 3 4 456 457 414 415 410 5 6 7 8 9 10 11 417 418 419 420 421 12 13 14 75 76 77 18 422 423 424 425 426 19 20 21 22 23 24 25 427 428 429 430 431 26 27 28 29 30 432 433 434 435 JUNE Sim Mnn TuP Wed Thu Fri Sat Page 1 of 2 Page 545 1 2 3 4 5 6 456 457 458 459 460 7 8 9 10 11 12 13 461 462 463 464 465 14 15 16 17 18 19 20 466 4671 4691 4691 470 21 22 23 24 25 26 27 471 472 473 474 117- 28 29 30 4761 477 Page 1 of 2 Page 545 CITY OF RANCHO CUCAMONGA WORKING DAY CALENDAR FOR 2020 JULY AUGUST Sun Men Tup Wed Thu Fri Sat Sun Men Tup Wed Thu Fri Sat SEPTEMBER Sun Mon Tup Wpd Thu Fri Sat 2 7 4 2 1 3 2 v 3 5 4 568 34 521 9 522 11 478 Holidav 524 7 479 7 A8 5 fi 9 7 10 8 11 9 12 10 Holidav 11 525 573 480 5751 481 12 482 23 483 14 484 27 12 13 17 14 18 15 19 16 529 17 530 18 531 17 485 18 486 19 487 21 488 21 489 22 19 20 25 21 26 22 534 23 535 24 536 25 537 24 490 25 491 28 442 27 493 28 494 29 26 27 Sky 28 5391 129 5401 30 541 31 519 31 30 31 495 496 497 498 494 SEPTEMBER Sun Mon Tup Wpd Thu Fri Sat NOVEMBER Sun Man Tue Wed Thu Fri Sat 1 2 7 4 2 6 3 12 4 565 5 567 568 34 521 9 522 11 523 13 524 7 6 7 A8 Holiday 570 9 6 10 16 11 18 12 20 Holidav 10 525 573 526 5751 527 12 528 23 13 14 15 27 �16 12 17 578 18 Holiday 19 15 529 30 530 17 531 17 532 18 533 19 20 21 22 21 23 22 24 19 25 20 26 21 534 22 535 23 536 24 537 24 538 25 27 28 29 27 30 28 558 29 25 26 Sky 127 5391 128 5401 29 541 30 519 31 30 31 NOVEMBER Sun Man Tue Wed Thu Fri Sat 1 2 3 4 5 6 7 12 504 565 566 567 568 34 8 9 10 11 12 13 14 7 569 569 Holiday 570 571 6 15 16 17 18 19 20 21 10 572 573 5741 5751 576 12 22 23 24 2526 548 27 28 12 577 578 579 Holiday Iolidayl 15 29 30 509 17 580 17 I:IENGDESGNIforms\Calendars\Working Day Calendar 2020 OCTOBER Sun Men Tup Wed Thu Fri Sat 1 2 3 4 5 12 582 583 584 1 2 34 8 9 10 5 12 6 542 7 543 8 4 5 500 6 501 7 502 8 503 9 504 10 9 10 544 11 545 12 546 13 547 14 548 15 11 12 505 13 506 14 507 15 508 16 509 17 16 17 549 18 550 19 551 20 552 21 553 22 18 19 5101 20 5111 21 5121 22 5131 23 514 24 23 24 5541 25 S551 126 556 27 557 28 558 29 25 26 Sky 127 516 128 517 29 Sl8 30 519 31 30 31 559 540 56l 562 563 520 OCTOBER Sun Men Tup Wed Thu Fri Sat DECEMBER Sun Mon Tup Wpd Thu Fri Sat 1 2 3 4 5 12 582 583 584 3 6 7 8 9 10 11 12 542 586 543 588 4 5 13 6 15 7 17 8 19 9 590 10 592 5931 544 545 21 546 23 547 26Q 26 548 5951 11 12 Holida 13 27 14 29 15 31 16 closed 17 closed Holida 549 550 551 552 553 18 19 20 21 22 23 24 5541 S551 556 557 558 25 26 127 128 29 30 31 559 540 56l 562 563 DECEMBER Sun Mon Tup Wpd Thu Fri Sat Page 2 of 2 Page 546 1 2 3 4 5 581 582 583 584 6 7 8 9 10 11 12 585 586 587 588 589 13 14 15 16 17 18 19 590 591 592 5931 594 20 21 22 23 249 26Q 26 5951 596 597 Holida Holiday 27 28 29 30 31 closed closed closed Holida Page 2 of 2 Page 546 I Y�3 Sample of Approved Page 547 0A1EtNkVW fTYI Qft�� CERTIFICATE OF LIABILITY INSURANCE THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMA-11014 ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT At FWWATiVELY OR NEOATiYeLY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THC POLICIES BELOW. THIS CCRTIFICATE OF INSURANCE DOES NOT CONSTITUYt A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED WRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOWER. IMPORTANT-. It the eelllflcalo hotder Is an ADDITIONAL INSURED, the Poifoyitesj most have ADDITIONAL INSURED provlslons or be endorsed. It SUBR00ATION IS WhIVED, 7ui4act to Iho terms and conditions of the polloy. WWII pollCles tnaY fequlre an endorsement. A statement on ibis oertilleato does not confef lights to the terlifiealo holdef In lieu of such endorsonlont s . PRODUCER --�^� OF1S771 R17URE A• I 1100 t:ora n IF17URrD _ THIS !S TD CERTIFY 7NAT TFiE pOLICtE8 OF LHSllrtANCF LISTED BEkf]Y! HAW BEET! ISSUED T4 THE INSURED INDICATED. NckTWITlISTAHDI,,%G ANY REQUIREMENT. TERti OR CONDITION OF ANY WaRACT OR OTHER DOCUMENT "TH RESPECT TO WHICH THIS CERTIFICATE MAY DE ISSUED OR MAN YBRTAIN, THF INSURANCE AFFORDED BY THE POLICIES DESCRIBED t1EREIN 16 SUBJECT TO ALL T14 E TERAS, OWLIISIONS AND CONDITIONS OF SIKH POLICIES. LIMITS SHO%VN WAY HAVIi fiFER REDUCED BV PAID CI.Xhi6. 1 A COYLL'LRCUILOElI!`RALLIAeI[rIY f �/ CLAl1.rS,LN9E � OCQtR � J Blipa Raduel e$0 _ rofesslonal LlabTil GE Ht AGOREQAT E! LI�{MAIWUFEf Ea: MLIOY 0 T& D 100 OTr1EFL• B Auror+awLeunaflmr { J ANYAVTO 6G1rTpL7•E4 !11 E ONLY A'ON5TtE0 J 'AM ONLY % AUTOSONLY 1 ODD Cog 1 B J U11oRELLAL1Ag OCCUn rxcEasLUD cL►lus a UnibrellaFDl'.oViSFOrm YrR 0 !t C s RooILYUIIuAY IPU Ear3aa S aOq LWURY{VueCUdt+Al S L owppq�� 10!20!201$ 10129MV18 ��tu9uacuwuw . A cnnuaDlara tOt20120t0 1012IIf7419 ��Oaductlble A Business Peraohol Proparly Op6CPt¢1fONCFOPERA7i0i(fILOCATI01131YErpCLEB{1COilOt01,1lddMtonrlRt�trkas<hrd�ri,rntY�+tGthEdltmai�rpagbrfq�tndt t"# 13216 Prcloct City of Rancho Cucamonga and Cl or ag0acyyoamdsls e n [is as addMan$el Insured spp,eelowAlten natocontr cttend poUey in ms an ccoents nd ftri& Independent �Imckars in tato ra0 01 Pdmaty and iVan•Conlrtbutary, WblVnr of subMatyon appiles. AddlWinol Insured Endorsement per attached farm. '30 day notice of cancedau0n except 10 days notice for non'paymeni of premium. � # 1321& prolecl City of RorCho Cucamonga BHDULD ANY OF THEABAVtl bEBCRIBBD POLICIES HE CAHOELLED BEFOREI CITY Of Rancho CUCatTlorlga THQ expWMION DATE THCRVOP, Nonce WILL OF 116LIVEFIC0. III Alin: City Clerk ACCORDANCrEWITH THE POLICY PIt0V18IOI1& 10600 Civic Center Drive Rancho CUC8111011ga CA 91730 AUI1ioRr2EDREPrtcsENfA1Ht Cdselda Escano is$$•20f6 ACORD CORPOMMON..AII Tlglils rarorve ACORD 26 (2014103) The ACORD name and IQ go are raglstorad marks of ACORD 51371itt F L6'Si CL, Aato. [�—b itc_erticl I eyaacce Stic-.i r• 15/25!2314 Sa7R19 M MOT) 17=9- 1 er 20 Page 548 Policy Dumber: I , Commercial General Uabilltv THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDiTIONAL INSURED - OWNERS, LESSEES ofd /� CONTRACTORS SCHEDULED PERSON OR ` ORGANIZATION This endorsement madifles Insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name of Additional Insured Person(s) Or Organization Locations of Covered op erations City of Rancho Cucamonga, its officers, officials:, employees, designated volunteers, and agents serving as independent contractors In the role of City or agency officials are named Additional Insured information re uirad to com tete Phis Schedule, If not shown above, i&'" be shown in the Declarations, A. SectiOn It — Who is An Insured Is amended to Include as an additional Insured the person(s) or Organizations) shown in the Schedule, but only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused, In whale or in part, by; 'f. Your acts or omissions; or 2. The acts or omissions of those acting on your behalf, in performance of your ongoing operations for the additional insured(s) at the locations) desig- nated above. B. With respect to the insurance afforded to these additional insureds, the following additional exclu• sions apply: This Insurance does not apply to "bodily injury" or 'property damage" occurring after; 4, All work, Inciuding materials, parts or equip- ment furnished In connection with such work, on the project (other than service, maintenance or repairs) to be performed by or on behalf of the additional Insureds) at (he location or the covered operations has been completed; or 2. That portion of"your work" out of which the injury or damage ar€ses has been put to Is in- tended use by any person or organization other than another contractor or subcontractor en- gaged In performing operations for a principal as a part of the same project. 0 ISO Propetes, Inc., 2004 Page f of 4 Page 549 POLICY EdLifulBER; COMMERCIAL GENE=RAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY, ADDITIONAL INSURED - OWNERS, LESSEES OR✓/ CONTRACTORS - COMPLETED OPERATIONS This endorsement nrDdlfeS insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART CRY of Rancho Cucamonga, its affcam, officials, employees, designated volunteers, and agents serving as independent contractors in the role of City or agency officials are named Additional Insured Section If —Who Is An Insured Is amended to include as an additional insured the person(s) or Orsantzation(s) shown In the Schedule, but only with Respect to liability for "bodily Injury" or "property dam- age" caused, in whole or in part, by'your work' at the location designated and descfft�ed In the: sohed- ule of this endorsement performed for that additional Insured and Included in the "products completed operations hazard SCHEDULE 0 ISD Properties, Ino., 2CQ4 Page •I of i Page 550 Policy Noftwo F Urance Corp THIS ENDORSEMENT CHANGES THEM POLICY. PLEASE READ ET CAREFULLY, WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US This endorsement modilles Insurance provided under the following: COMMERCIAL GENERAL LIAR€LITY COVERAGI_ PART SCHEDULE, Name of Person orOrganizatlon: The City of Rancho Cucarnonga, Its Officers, offtalats, ernpioyees, designated volunteers, and agents sefving as Independent contractors in the roll of City or agency vfflclals 7 (it no entry appears above, Information required to compete 1hls endorsementwill be shown in the Deolarations as applicable to this endorsement) The TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHER TO US Condition (Section IV — COMMERCIAL GENERAL LIABILITY GONDITIONS) is amended by the addition of the followirvg: We waive any right of recovery we may have againstthe person or organization shown in the Schedule above because of payments we make for Injury, or damage arising out of your ongoing operations or "your work" done under a contract with that person or organization and included in the "products -completed operations hazard'. This waiver applies only to the person or organization shown in the Soheduie above. 4 Copyrtght, Insurance Services Office, Inc, 1992 Page 4 of 1 Page 551 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY, ADDMONAL INSURED This endorsement modifies Insurance provided under the fooviing: BUSINESS AUTO COVERAGE FORM GARAGE COVERAGE FORM "TRUCKERS COVERAGE FORM The person or organization shown In the Schedule Is an Insured to the extent of their liability for the conduct of an Ensured under Section I%l.lability Coverage of this policy. SCHEDULE City of Rancho Cucamonga, its officers, officials, employees, designated volunteers, and agents serving as Independent contractors in the role of City or agency officials are named Additional Insured Page 552 WORKERS COMPS SA'nON AND EMPLOYERS LIABILITY INSURANCE POLICY WC 04 03 06 WAVER Off' OTR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT ?L,--' CALI-FORNIA Wo nava the right to recover our payments from anyone liabla for an injury covered by this policy, W6 wilt not enforce our right against the person or organization named in the Schedule. (This agreement applies only to the extent that you perform work under a wtitton contract that requires you to obtain this agreement from us,} You must maintain payroll records accurately segregating the remuneration ofyour employeeswhilc engaged in tho work described in the Schedule. The additional pramium for this endors=e= shall be 2% of the Cal3iarnia workers? componsmion premium otherwise duo on such remuneration, SCIIEDUIX VERSON OR ORGANIZATION TOB DESCRIPTION A14Y PERSON OR ORGANMATION FOR WHOM THE BLANKET WAIVER O;~ SUBR0C1i.TI0N 'NAMED INSURED HAS AOPMD BY WRITTEN CONTRACT TO FURNISH THIS WAIVER The City of Rancho Cucamonga, its officers, officials etanloyees, designated volunteers, and agents serving as independent contractors in the roll of City or agency officials are named Additional Insured This endorsement changes the policy to which.it is attached and is effective�ou the date issued unless otherwise. stated, (The information below Is required only when this eudersetneat Is issued subsequent to preparation of the policy.) Endo=rnent Effective- 01/01/2013 Policy No. Endorsctnent No. 001 Insured: � Premium S INCL. Insurance Compar€y; / Countersigned By: —199E tsy the Workers, Cotnpens:tioh xn�urmusc Rni3te� Bt�renu All furrdt, k1liith(st-cyerved. Fr4m..iFze. 6YCIRBYs-C�alliarnix lY�arke s?_Compsnsattar Imran" Forru hSa=i-2499. Page 553 PERMIT APPLICATION FOR TEMPORARY STREET AND LANE CLOSURES RANCHO Cnri€0KNIeil Engineering Division Phone: (909) 477-2740 FAX: (909) 477-2741 NOTE: ALLOW 24 HOURS MINIMUM FOR PROCESSING MINOR CLOSURES (LASTING 1 OR 2 DAYS) ALLOW 7 TO 10 DAYS FOR PROCESSING MAJOR CLOSURES (LASTING 3 DAYS OR MORE Engineering Construction -ROW Permit No. (Required): Location: Proposed Start Date: Completion Date: Proposed Working Hours: Work Duration: Description of Work: Company: Address T: Address 2: Contact: Phone: Emergency Phone: City: State Contact Phone: CHECK ALL TNA T APDL Y: Street Type: 2 -Lane Street Multi Lane Closure Requested: Partial Street Closure Full Closure Left Turn Lane _ Right Turn Lane Daytime Lane Closure Only Direction: North South East Daily Working Hours Requested; Start Time Is this an emergency repair project? Is this a "City" funded Capital improvement project? FOR OFFICIAL USE ONLY., Construction Area Traffic Control Plan Required? Advance Notification Signs Required? Comments/Conditions: Received by: Approved by Inspector:.. Advance -.Notification Signs Approved.— AoAroved by Traffic: Rev. 4108 Yes Yes Pax: Zip: Raised Median island Intersection Shoulder Adjacent Overnight Lane Closure West End Time Yes _ No _ Yes No No No _ Date: Date: Date: Date: Lane Closure Permit App.doc Page 554 L City Perml*t Appli*cati*ons Page 555 MINOR IMPROVEMENT(S) CONSTRUCTION PERMIT APPLICAVON CITY OF RANCHO CUCAMONGA, ENGINEERING DIVISION Insurance Requirements on the Back Instructions: D Provide (2) Sets of Plans I Drawings with application (please make note of existing I proposing improvements and label which direction North Is) can be stand drawn on 8 x 10 paper D Allow a Minimum of (2) Two Full Working Mays for Processing D Contractor(s) Must Provide Liability Insurance Certificate Naming the City as Additional Insured (City of Rancho Cucamonga, Attn: ,Engineering Dept, 10500 Citric Cenfer Dr., Rancho Cucamonga, Ca g1730) with an Additional Insured Endorsement and Workman's Com ensation Print Owner I Developer Rep's Name Print Contractors Rep's name I Company _ •_ ___ Print Contractors Rep's Mame. I Company Owner's SIGNATURE DATE Contractor`s SIGNATURE . ____ DATE_ .____....._ Contractor's SIGNATURE DATE Page 556 FaX (909) 477.,Z741 LOCATION I ADDRESS: MAJOR CROSS STREETS (2) N/0, sIO; E10, W/o. ESTIMATED DATES; If address is same as owners check this box START: FINISH: CONTRACTOR CONTRACTOR CITY LICENSE: LICENSE": EXPIRES: EXPIRES: ADDRESS (Confractor's) TELEPHONE: CONTACT PERSON: FAX NO: Phone No: CONTRACTOR CONTRACTOR cry LICENSE #: LICENSE, : EXPIRES: EXPIRES: ADDRESS (Contractor's) TELEPHONE:- CONTACT PERSON; FAX NO: Phone No: PROPERTY OWNER OR DEVELOPER NAME TELEPHONE CELL HOMEIWORK ADDRESS (Owner's/Devetoper's) E-MAIL: Drive Approach * F2"" Drive Approach Applications PAquire Enginaaring and Pianning Deparfmant Approval Dumpster J Roll Off Utility Trench if trenching, how many linear feet? Curb Core Other Insurance Requirements on the Back Instructions: D Provide (2) Sets of Plans I Drawings with application (please make note of existing I proposing improvements and label which direction North Is) can be stand drawn on 8 x 10 paper D Allow a Minimum of (2) Two Full Working Mays for Processing D Contractor(s) Must Provide Liability Insurance Certificate Naming the City as Additional Insured (City of Rancho Cucamonga, Attn: ,Engineering Dept, 10500 Citric Cenfer Dr., Rancho Cucamonga, Ca g1730) with an Additional Insured Endorsement and Workman's Com ensation Print Owner I Developer Rep's Name Print Contractors Rep's name I Company _ •_ ___ Print Contractors Rep's Mame. I Company Owner's SIGNATURE DATE Contractor`s SIGNATURE . ____ DATE_ .____....._ Contractor's SIGNATURE DATE Page 556 PERMIT APPLICATION FOR TEMPORARY STREET AND LANE CLOSURES RA14CIIR7 �;CALIIVKNN CA Engineering Division Phone: (909) 477-2740 FAX: (909) 477-2741 NOTE: ALLOW .24 HOURS MINIMUM FOR PROCESSING MINOR CLOSURES (LASTING 1 oR 2 DAYS) ALLOW 7 To 90 DAYS FOR PROCESSING MAJOR CLOSURES (LASTING 3 DAYS OR MORE) Engineering Construction -ROW Permit No. (Required): Location: Proposed Start Date: Proposed Working Hours: Description of Work: a. :4 Completion Date: Work Duration: Company: Phone: Pax: Emergency Phone: Address 9: City: Address 2: State Zip: Contact: Contact Phone: CHECK ALL THAT APPLY: Street Type: 2 -Lane Street Multi Lane _ Raised Median Island Closure Requested: Partial Street Closure Full Closure _ Intersection Left Tum Lane Right Turn Lane Daytime Lane Closure Only Direction: North South East Daily Working Hours Requested:' Start Time Is this an emergency repair project? Is this a "City" funded Capital Improvement project? FOR OFFICIAL USE ONLY. Construction Area Traffic Control Plan Required? Advance Notification Signs Required? Comments/Conditions: Received by: Approved by Inspector: Traffic: Rev. 4A8 Yes _ Yes Shoulder Adjacent Overnight Lane Closure West End Time Yes No Yes No No No _ Date. Date: Date: _ Lane Closure Permlt App.doc Page 557 Page 558 DATE: April 1, 2020 TO: Mayor and Members of the City Council FROM: John R. Gillison, City Manager INITIATED BY: Jason C. Welday, Director of Engineering Services/City Engineer Annette Cano-Soza, Assistant Engineer SUBJECT: CONSIDERATION TO ACCEPT PUBLIC IMPROVEMENTS ON ALMOND STREET AND ALMOND AVENUE PER IMPROVEMENT AGREEMENT RELATED TO PARCEL MAP 19615 AS COMPLETE, FILE THE NOTICE OF COMPLETION, AND AUTHORIZE RELEASE OF BONDS. RECOMMENDATION: Staff recommends that the City Council: 1. Approve and accept the public improvements and their design, required for the development of Parcel Map 19615 and authorize the City Engineer to file the appropriate Notice of Completion. 2. Release Faithful Performance Bond #4421542 and accept Maintenance Bond #4421542M for the associated public improvements. 3. Release the Labor and Material Bond #4421542 six months after Council approval. 4. Authorize the City Engineer to approve the release of the Maintenance Bond one year following the filing of the Notice of Completion if the improvements remain free from defects in material and workmanship. BACKGROUND: Parcel Map 19615 was approved by the Planning Commission on March 22, 2017 to subdivide a 0.94 acre parcel of land into two parcels in the Very Low (VL) District, the Equestrian Overlay and the Hillside Overlay Districts. An improvement agreement and securities were approved by the City Council on September 19, 2018, in order to ensure construction of the required public improvements. ANALYSIS: All public improvements required of this development have been completed to the satisfaction of the City Engineer. The public improvements will be re -inspected in approximately nine months to ensure they remain in good order prior to the release of the maintenance bond. Prior to the construction of the public improvements the developer, LandexCorp, LLC., submitted Faithful Performance Bond #4421542 in the amount of $16,900.00 to ensure satisfactory completion of the improvements. With the completion of the improvements this bond is no longer required and the developer has submitted Maintenance Bond. #4421542M to secure maintenance of the improvements through the one-year warranty period. FISCAL IMPACT: Page 559 None. COUNCIL GOAL(S) ADDRESSED: Enhancing Premier Community Status through the construction of high quality public improvements. ATTACHMENTS: Description Attachment 1 - Vicinity Map Page 560 ATTACHMENT 1 Parcel Map 19615 Vicinity Map NOT TO SCALE Imm 41—d S Almond by Almond by Almond S vood Dr Meadowwood Dr ea o Pod 01 Meadowwood Dr Meadowwood Dr I r E m Page 561 DATE: April 1, 2020 TO: Mayor and Members of the City Council FROM: John R. Gillison, City Manager INITIATED BY: Jason C. Welday, Director of Engineering Services/City Engineer Trina Valdez, Utilities Operations Supervisor SUBJECT: CONSIDERATION OF AMENDMENT NO. 02 TO PROFESSIONAL SERVICES AGREEMENT WITH MAGELLAN ADVISORS, LLC (CO18-103) IN THE AMOUNT OF $40,000 FOR FISCAL YEAR 2019/20 AND AUTHORIZE AN APPROPRIATION IN THE AMOUNT OF $40,000 FROM THE FIBER OPTIC NETWORK FUND FOR DESIGN SERVICES. RECOMMENDATION: Staff recommends that the City Council: 1. Approve and authorize Amendment No. 2 with Magellan Advisors, LLC in the amount of $40,000; and 2. Appropriate funds in the amount of $40,000 to Account 1711303-5650/1910711-0 (Capital Project) from the Fiber Optic Network Fund (Fund 711). BACKGROUND: In August 2018, Magellan Advisors began the next phase of the City's Fiber Optic Broadband Master Plan providing the necessary design, engineering, permitting and project management to begin distribution of the fiber optic network, including the operational parameters to connect the new fiber backbone to the existing infrastructure. ANALYSIS: During the current fiscal year, additional work has been needed to complete the necessary design process for the fiber optic cabling for The Resort planned community currently under construction. The design includes the complete drawings for distribution services, feeder fiber allocation, fiber splice assignment matrix and material unit totals for the development. Copy of Amendment available in the City Clerk's office. FISCAL IMPACT: An appropriation in the amount of $40,000 from the Fiber Optic Network Fund (Fund 711) to Account No. 1711303-5650/1910711 -0 (Capital Project) is required to fully fund the amendment. COUNCIL GOAL(S) ADDRESSED: The implementation of the Fiber Optics Master Plan will enhance the City's position as the premier community in our region through an enhanced 21st century infrastructure that is critical for economic Page 562 development for existing and new businesses as well as residential customers. Page 563 DATE: April 1, 2020 TO: Mayor and Members of the City Council FROM: John R. Gillison, City Manager INITIATED BY: Jason C. Welday, Director of Engineering Services/City Engineer Fred Lyn, Deputy Director of Engineering Services -Utilities & Environmental SUBJECT: CONSIDERATION TO APPROVE ADDENDUM NO. 5 TO THE UTILITY SERVICES AGREEMENT WITH THE CITY OF RIVERSIDE PUBLIC UTILITIES (CO#2010-139) FOR A 3 -YEAR CONTRACT EXTENSION. RECOMMENDATION: It is recommended that the City Council approve Addendum No. 5 to the Utility Services Agreement (CO #2010-139) with the City of Riverside Public Utilities to provide Scheduling Coordinator and Energy Settlement Services for a 3 -year period beginning July 1, 2020, and authorize the City Manager or his designee to sign said addendum. BACKGROUND: The Rancho Cucamonga Municipal Utility (RCMU) is a Load Serving Entity (LSE) within the California Independent System Operator (CAISO) transmission network. As an LSE, RCMU is required to have a Scheduling Coordinator (SC) be an intermediary between the CAISO and the LSE so that electricity schedules with the CAISO will show how they match the LSE's demand and supply. SC's also provide daily scheduling, dispatching, and energy accounting services on behalf of the LSE, as well as settlement services including reconciliation with the energy suppliers, the CAISO and the LSE verifying the market transactions. ANALYSIS: Over the last ten (10) years, the City of Riverside Public Utilities (RPU) has acted as RCMU's SC scheduling agent for transacting in bilateral and CAISO energy markets. This is a very important function to RCMU's operation as an electric utility and staff believes that this continued partnership with RPU as its SC agent will allow RCMU to remain compliant in the complexity of the western energy market and the CAISO. RPU has an excellent reputation in the municipal utility industry and currently provides the requested services to the region's other smaller municipal electric utilities including the City of Banning. The attached addendum would provide a 3 -year extension to the agreement beginning on July 1, 2020 with no rate increase from the previously negotiated rate in 2017. FISCAL IMPACT: The annual cost to RCMU for this utility service will be a not to exceed cost of $82,908. Adequate funds are available in the FY 20/21 budget for this service agreement under the Municipal Utility Fund Account No. 1705303-5309. Page 564 COUNCIL GOAL(S) ADDRESSED: This item addresses the City Council Goal of Enhancing Premier Community Status by ensuring that RCMU remains compliant industry regulations related to the CAISO and the western energy market and continues to provide high quality electrical service to its customers. ATTACHMENTS: Description Riverside USA Addendum Page 565 March 4, 2020 City J'Arts Unnouation Mr. Fred Lyn City of Rancho Cucamonga 10500 Civic Center Drive Rancho Cucamonga, CA 91730 Subject: Rancho Cucamonga -Riverside Utility Services Agreement 2020-2023 Monthly Rate Dear Mr. Lyn: Section 7 of the Utility Services Agreement between the City of Riverside and the City of Rancho Cucamonga provides for the Authorized Representatives to negotiate and establish, in writing each year, Riverside's monthly fee for providing Transaction Services during the ensuing July through June period. Based on the review of Riverside's anticipated costs related to the provision of these services, Riverside proposes a three-year renewal commencing July 1, 2020 through June 30, 2023 at the current monthly rate of $6,909. The monthly rates are specified in "Attachment A - Three Year Cost Summary." If Riverside's proposed three-year renewal terms and rate are acceptable to Rancho Cucamonga, please indicate by signing this letter and return the original for Riverside's files. If you have any questions regarding this matter, please contact Daniel E. Garcia, Deputy General Manager at (951) 826-8526. Sincerely, 1"­� V a9_1 Todd Corbin Riverside Public Utilities General Manager AGREED AND ACCEPTED: Fred Lyn City of Rancho Cucamonga Date: Riversidc Public III ilities • Resources 3435 14thSn-eet • Riverside, CA 92501 ' 951.826.8500 • RirersidePtiblict[tilities.com 'N A T t R F. N E R G Y L I F E P11BLIC UTILITIES Page 566 RANCHO CUCAMONGA — RIVERSIDE UTILITY SERVICES AGREEMENT ATTACHMENT A THREE YEAR COST SUMMARY Year 1: July 1, 2020 —June 30, 2021 Year 2: July 1, 2021— June 30, 2022 Year 2: July 1, 2022 — June 30, 2023 A-1 Page 567 Description Monthly Charge Section 8 — Service Schedules and Task Assignments Section 8.1 — Service Schedules A — Transaction Prescheduling Services B — Transaction Settlement Services Section 8.2 — Task Assig uments As Requested July 1, 2020 — June 30, 2023 56.909 A-1 Page 567 DATE: April 1, 2020 TO: Mayor and Members of the City Council FROM: John R. Gillison, City Manager INITIATED BY: Jason C. Welday, Director of Engineering Services/City Engineer Gianfranco Laurie, Senior Civil Engineer SUBJECT: CONSIDERATION TO ADOPT A RESOLUTION ALLOCATING THE ROAD MAINTENANCE AND REHABILITATION PROGRAM FUNDS FOR FISCAL YEAR 2020/21. RECOMMENDATION: Staff recommends that the City Council adopt the attached resolution allocating the Road Maintenance and Rehabilitation Account (RMRA) funds for Fiscal Year 2020/21 to the projects listed in the Analysis Section below. BACKGROUND: On April 28, 2017, the Governor signed Senate Bill SB1, the Road Repair and Accountability Act of 2017 creating the Road Maintenance and Rehabilitation Program in order to address deferred maintenance on the State highway and local street and road systems. Funds made available by the program are required to be utilized for basic road maintenance and road rehabilitation projects, and on critical safety projects. Prior to receiving an apportionment of funds under the program in a fiscal year the City must submit a list of the projects proposed to the California Transportation Commission (CTC), and the funding must be allocated by resolution. ANALYSIS: The guidelines and regulations for obtaining funds from the program have been previously amended by the CTC requiring local agencies to adopt their project list by resolution; submission of a project list adopted through city budget is no longer acceptable. The CTC has announced the deadline of May 1, 2019 for local agencies to submit their adopted project list by resolution for the upcoming fiscal year. On that basis, staff recommends the following projects which are planned for consideration in the Fiscal Year 2020/21 Capital Improvement Program (CIP) for funding from the Road Maintenance and Rehabilitation Account (Fund 179): 1) Foothill Boulevard from Milliken Avenue to Interstate 15 Freeway Pavement Rehabilitation (JL 1985) 2) Local Street Pavement Rehabilitation at Various Locations (JL 1022) • Amarillo Street from Beal Court to Drew Court • Amarillo Street from Drew Court to Cortland Street • Beal Court from Chapman Place to West End Page 568 • Cabrini Court from North End to Delaware Street • Cameo Street from Turk Street to Thoroughbred Street • Chapman Place from Furman Court to Piedmont Street • Chapman Place from Piedmont Street to Beal Court • Cortland Street from Amarillo Street to West End • Cortland Street from Lamar Court to Amarillo Street • Delaware Street from Fisk Court to Cortland Street • Delaware Street from Furman Court to Fisk Court • Drake Street from Delaware Street to Shelton Court • Drew Court from Amarillo Street to South End • Fisk Court from North End to Delaware Street • Furman Court from West End to Delaware Street • Gannon Street from Amarillo Street to Walker Court • Gardenia Avenue from Turquoise Avenue to Rosebud Street • Hudson Court from North End to Drake Street • Jennet Street from Sapphire Street to Turk Street • Lamar Court from North End to Cortland Street • Nova Court from Amarillo Street to South End • Piedmont Street from Chapman Place to East End • Piedmont Street from Fairmont Way to Chapman Place • Rosebud Street from Gardenia Avenue to Sapphire Street • Rosebud Street from West End to Gardenia Avenue • Shelton Court from North End to Drake Street • Shire Court from North End to Jennet Street • Sunflower Avenue from Rosebud Street to Sapphire Street • Thoroughbred Street from Cameo Street to Jasper Street • Thoroughbred Street from Sapphire Street to Cameo Street • Trenton Court from Piedmont Street to East End • Turk Street from North End to Cameo Street • Turquoise Avenue from Jennet Street to Gardenia Avenue • Walker Court from Gannon Street East End • Welsh Court from Thoroughbred Street to South End • Wilson Court from West End to Cameo Street FISCAL IMPACT: Funding for the anticipated revenue from RMRA is currently estimated to be $3,388,526 based on the latest estimates provided in the January 18, 2020 update by the California Department of Finance. This amount is anticipated to be budgeted in the CIP for Fiscal Year 2020/21. However, staff will continue to monitor revenue estimates and receipts to ensure adequate funding to cover project costs and will adjust the planned improvements accordingly. COUNCIL GOAL(S) ADDRESSED: This item addresses the City Council's goal of Enhancing Premier Community Status by ensuring funding is available to maintain the City's public street infrastructure. ATTACHMENTS: Description Attachment 1 - Resolution Page 569 ATTACHMENT 1 RESOLUTION NO. 2020-018 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, STATE OF CALIFORNIA, ADOPTING THE PROJECTS FOR THE ROAD MAINTENANCE AND REHABILITATION PROGRAM FOR FISCAL YEAR 2020/21 FOR THE EXPENDITURE OF ROAD MAINTENANCE AND REHABILITATION ACCOUNT (RMRA) FUNDS WHEREAS, Senate Bill 1 (SB1), the Road Repair and Accountability Act of 2017 (Chapter 5, Statues of 2017) was passed by the Legislature and Signed into law by the Governor in April 2017 to address the significant multi -modal transportation funding shortfalls statewide; WHEREAS, SB1 includes accountability and transparency provisions that will ensure the residents of our City are aware of the projects proposed for funding in our community and which projects have been completed each fiscal year; and WHEREAS, the City must adopt by resolution a list of projects proposed to receive fiscal year funding from the Road Maintenance and Rehabilitation Account (RMRA), created by SB1, which must include a description and the location of each proposed project, a proposed schedule for the project's completion, and the estimated useful life of the improvement; and WHEREAS, the City, will receive an estimated $3,388,526 in RMRA funding in Fiscal Year 2020/21 from SB1; and WHEREAS, this is the fourth year in which the City is receiving SB1 funding and will enable the City to continue essential road maintenance and rehabilitation projects, safety improvements, repairing and replacing aging bridges, and increasing access and mobility options for the traveling public that would not have otherwise been possible without SB1; and WHEREAS, the City used a Pavement Management System to develop the SB1 project list to ensure revenues are being used on the most high-priority and cost-effective projects that also meet the community's priorities for transportation investment; and WHEREAS, the funding from SB1 will help the City maintain and rehabilitate one (1) major arterial roadway and various local residential streets throughout the City this year and similar projects into the future; and WHEREAS, the 2018 California Statewide Local Streets and Roads Needs Assessment found that the City's streets and roads are in good condition and this revenue will help us increase the overall quality of our road system and over the next decade will maintain our streets and roads in a good condition; and WHEREAS, the SB1 project list and overall investment in our local streets and roads infrastructure with a focus on basic maintenance and safety, investing in complete streets infrastructure, and using cutting-edge technology, materials and practices, will have significant positive co -benefits statewide. Resolution No. 2020-018 — Page 1 of 2 Page 570 NOW, THEREFORE IT IS HEREBY RESOLVED, ORDERED AND FOUND by the City Council of the City of Rancho Cucamonga, State of California, as follows: 1. The foregoing recitals are true and correct. 2. The following list of proposed projects will be funded in -part or solely with Fiscal Year 2020/21 Road Maintenance and Rehabilitation Account revenues: Project 1 — Foothill Boulevard from Milliken Avenue to Interstate 15 Freeway Pavement Rehabilitation (JL 1985): This project includes cold planing, localized asphalt repair, crack sealing, asphalt rubber hot mix overlay, ADA ramp upgrades, utility adjustments and pavement striping for approximately 1.54 miles of roadway. The estimated useful life of this roadway is 20 years and construction is anticipated to start in June 2021. Project 2 — Local Street Pavement Rehabilitation at Various Locations Citywide (JL 1022): This project includes cold planing, localized asphalt repair, crack sealing, asphalt concrete overlay, ADA ramp upgrades, utility adjustments and pavement striping for approximately 3.45 miles of roadway. The estimated useful life of this roadway is 10 years and construction is anticipated to start in June 2021. PASSED, APPROVED, AND ADOPTED this 1st day of April 2020. Resolution No. 2020-018 — Page 2 of 2 Page 571 DATE: April 1, 2020 TO: Mayor and Members of the City Council FROM: John R. Gillison, City Manager INITIATED BY: Jason C. Welday, Director of Engineering Services/City Engineer Gianfranco Laurie, Senior Civil Engineer Sandra Salazar, Associate Engineer SUBJECT: CONSIDERATION TO ACCEPT AS COMPLETE, FILE THE NOTICE OF COMPLETION AND AUTHORIZE RELEASE OF RETENTION AND BONDS FOR THE SAFETY LIGHTING INSTALLATION PROJECT AT TERRA VISTA PARKWAY AND SPRUCE AVENUE. RECOMMENDATION: Staff recommends that the City Council: Accept the Safety Lighting Installation Project at Terra Vista Parkway and Spruce Avenue, Contract No. 19-078 (Project), as complete; 2. Approve the final contract amount of $118,388; 3. Authorize the release of the Faithful Performance Bond 35 days after recordation of Notice of Completion and accept a Maintenance Guarantee Bond; 4. Authorize the release of the Labor and Materials Bond in the amount of $108,978, six months after the recordation of said notice if no claims have been received; 5. Authorize the City Engineer to file a Notice of Completion and release of the project retention, 35 days after recordation of Notice of Completion; and 6. Authorize the City Engineer to approve the release of the Maintenance Bond one year following the filing of the Notice of Completion if the improvements remain free from defects in material and workmanship. 13 44TI CaafT L I ll� On June 19, 2019, the City Council awarded a construction contract to Elecnor Belco Electric, Inc. (Belco), in the amount of $108,978 for the construction of The Safety Lighting Installation Project at Terra Vista Parkway and Spruce Avenue. Additionally, the City Council authorized a 10% contingency in the amount of $10,898 to address unforeseen construction related incidentals. The Project comprised of three street light installations: two street lights for Terra Vista Parkway at Spruce Avenue and one street light for 8855 Center Avenue. The isolated street light at 8855 Center Avenue was installed utilizing an "in lieu" fee cash deposit from the developer to satisfy a requirement listed in the conditions of approval. Page 572 The Project scope of work consisted of the installation of street lights, foundations, LED luminaries, conduits, wires, pull boxes, handholes, non -metered service pedestals, potholing, trench repairs, and sidewalk and landscape restorations. A vicinity map illustrating the locations is included as Attachment 1. ANALYSIS: The subject project has been completed in accordance with the approved plans and specifications and to the satisfaction of the City Engineer. The net increase in the total cost of the project is a result of two (2) Change Orders, including the balancing statement is summarized below: Change Order No. 1: Sewer lateral replacement. The sewer lateral was damaged during the street light installation at 8855 Center Avenue. Belco and The City have agreed to split the cost (50/50) for Cucamonga Valley Water District to repair. The change in contract cost due to this change order is an increase of $8,750. Change Order No. 2: The balancing statement for the project. The balancing statement conforms the final quantities to the actual quantities placed or constructed during the contract. The notable change is an increase in the amount of $660 resulting from an increase in the final square footage of concrete removal and replacement. At the end of the one-year maintenance period, if the improvements remain free from defects in materials and workmanship, the City Clerk is authorized to release the Maintenance Bond upon approval by the City Engineer. FISCAL IMPACT: A total of $156,310 was budgeted in Fiscal Year 2018/19 from the Street Lighting Maintenance District No. 4 (Fund 154), Street Lighting Maintenance District No. 2 (Fund 152), and a $10,000 "in lieu" cash deposit for this project, all of which are identified under the Capital Improvement Project Account No's. in the amounts listed below: Account No. Funding Source Description Amount 11543035650/1902154-0 SLD No.4 (154) TV at Spruce Safety Lighting $139,710 11543035650/1902152-0 SLD No.2 (152) 8855 Center Ave Safety Lighting $6,600 1882000-2314 1 n I i e u f e e deposit 8855 Center Ave Safety Lighting $10,000 Total Project Funding = $156,310 The final project cost is $151,597 as shown below: Expenditure Amount Project Design, Utility Design and Misc. fees $21,219 Final Construction Contract $118,388 Construction Inspection Services $11,990 Total Project Cost = $151,597 A total of $4,713 is remaining in the budget for this project and will be returned to SLD No.4 (Fund 154) fund balance to be used for future capital improvement projects. COUNCIL GOAL(S) ADDRESSED: The item addresses the City Council Goal of Public Safety by installing street lighting and enhancing Page 573 visibility. ATTACHMENTS: Description Attachment 1 - Vicinity Map Page 574 ATTACHMENT 1 SAFETY LIGHTING INSTALLATION PROJECT AT TERRA VISTA PARKWAY AND SPRUCE AVENUE VICINITY MAP NOT TO SCALE ala Alta St ZZ, v Project Site P = Grp m ��r a Ruth Musser Middle School Terra Vista Town Center v 0 Courthouse � Civic cei• : Rancho Cucamonga N Orth Cucamonga ,Jn Project Site F Milllke 9� P Ralph M. Lewis Rad Best Western Herltaga Inn 4� a a 4 � m Post Office �acDMII or Bell Ct Jersey Blvd AT and SF Raliroad Metrollnk Station 'R Fire : N Page 575 m= ro i M1 ➢ m iZ57ft mlack St kshrord St Cucamonga Valley Water n District erwlck St Effen St r corset St rn bfrurd St ZZ, v Project Site P = Grp m ��r a Ruth Musser Middle School Terra Vista Town Center v 0 Courthouse � Civic cei• : Rancho Cucamonga N Orth Cucamonga ,Jn Project Site F Milllke 9� P Ralph M. Lewis Rad Best Western Herltaga Inn 4� a a 4 � m Post Office �acDMII or Bell Ct Jersey Blvd AT and SF Raliroad Metrollnk Station 'R Fire : N Page 575 DATE: TO: FROM: INITIATED BY: SUBJECT: April 1, 2020 Mayor and Members of the City Council John R. Gillison, City Manager Jana Cook, Community Improvement Manager CONSIDERATION TO AUTHORIZE APPROPRIATION AND APPROVE THE PURCHASE OF A CANNABIS ABATEMENT TRAILER FROM THE DRUG ABATEMENT ACT FUND. RECOMMENDATION: Staff recommends the City Council authorize and approve the purchase of a dump trailer for use in cannabis abatement in the amount of $8,400 from the Drug Abatement Act Fund. BACKGROUND: During 2019, San Bernardino County Sheriff personnel identified two properties where extensive drug activity was occurring causing significant negative impacts on residential neighborhoods and drawing excessive law enforcement resources. The prosecuting attorney for the City filed under the California Drug Abatement Act to force the responsible parties to take the necessary action to abate the criminal activity occurring. Responsible parties for both properties agreed to sell the homes and entered into stipulated judgements which declared the City as the prevailing party. The parties also agreed to pay a total of $37,500 of penalties to the City under the Drug Abatement Act. Under the Drug Abatement Act, these funds are required to be utilized to reduce and mitigate the negative effects which illegal drug activity can cause within the community. ANALYSIS: While cannabis has been legalized in California, it remains highly regulated and there is economic incentive for growers to cultivate cannabis without the required permits. This often occurs in Rancho Cucamonga inside single-family residences where the water, ventilation and power used in cultivation cause extensive damage to the property, rendering it uninhabitable and reducing available housing stock. San Bernardino County Sheriff deputies assigned to the Rancho Cucamonga Station have participated in specialized training to identify these properties, obtain the required warrants from the court, and remove the organic material from the property. The number of plants found ranges from a few hundred to often over 1,000 and the volume exceeds the capacity of standard vehicles and trucks. This results in law enforcement staff making multiple trips to dispose of the material. The requested trailer will enable the deputies to promptly remove all organic material at the time of the warrant service and take it for disposal. The trailer will be equipped with a tarp cover to retain all Page 576 material during transport and a hydraulic lift to allow the material to be easily removed at the disposal site. FISCAL IMPACT: Staff requests following appropriations in the Drug Abatement Act Fund (Fund 340) as well as to recognize revenues received year to date and to fund the purchase of the trailer noted above: 1340000-4914 Non -Abated Reimbursements $37,5000 1340701-5604 Capital Outlay -Vehicles $8,400 COUNCIL GOAL(S) ADDRESSED: This item addresses the City Council's goal of Enhancing Premier Community Status and Public Safety by providing necessary equipment for staff to abate the product of illegal and clandestine cannabis cultivation. Page 577 DATE: April 1, 2020 TO: Mayor and Members of the City Council FROM: John R. Gillison, City Manager INITIATED BY: Jana Cook, Community Improvement Manager SUBJECT: CONSIDERATION TO SCHEDULE A PUBLIC HEARING FOR MAY 20, 2020 FOR PLACEMENT OF LIENS FOR ABATEMENT SERVICES. RECOMMENDATION: Staff recommends the City Council schedule a public hearing for the placement of special assessments/liens for unpaid abatement services on May 20, 2020 during the regularly scheduled City Council meeting. BACKGROUND: Pursuant to the City of Rancho Cucamonga Municipal Code 8.23.200 and 8.23.120 Assessments of costs against property; lien, failure to reconcile the account will cause the delinquent charge(s) to become a special assessment against the parcel. A demand for payment shall be served allowing 30 days from the date of service, or mailing, for payment of the total assessment prior to the recordation of a notice of lien. On an annual basis, the City must schedule a public hearing for the purpose of reviewing unpaid abatement services and citations and hear any protests or objections from property owners. ANALYSIS: Upon approval to schedule the public hearing, public hearing notices will be mailed out to the property owners with unpaid abatement services via first class certified mail no less than 10 days prior to the public hearing. FISCAL IMPACT: The City will receive revenue equaling the cost to the City for the abatements occurring at private property which will be paid through the County of San Bernardino property tax collection process. Page 578 DATE: April 1, 2020 TO: Mayor and Members of the City Council / President and Members of the Board of Directors FROM: John R. Gillison, City Manager INITIATED BY: Lori Sassoon, Deputy City Manager/Administrative Services SUBJECT: CONSIDERATION TO ADOPT RESOLUTIONS OF THE CITY COUNCIL AND THE FIRE PROTECTION DISTRICT BOARD OF DIRECTORS RATIFYING EXECUTIVE ORDER 2020-1 OF THE DIRECTOR OF EMERGENCY SERVICES. RECOMMENDATION: It is recommended that the City Council and Fire District Board of Directors adopt the resolutions. BACKGROUND: On March 18, 2020, the City Council adopted Resolution 2020-14, proclaiming the existence of a local emergency due to COVID-19 pursuant to Government Code Section 8630. On March 19, 2020, Governor Newsom issued Executive Order N-33-20, requiring all individuals to stay home except as needed to maintain critical infrastructure and other essential sectors. Pursuant to Chapter 2.36 of the Rancho Cucamonga Municipal Code, the City Manager is the Director of Emergency Services, and is empowered to make and issue rules and regulations on matters reasonably related to the protection of life and property impacted by the emergency, provided that the City Council ratifies those actions. ANALYSIS: While the COVID-19 pandemic is directly causing illness and deaths for people across the globe, there is also an unprecedented impact on the economy that sustains our community. While these economic impacts are only beginning to emerge, it is clear that the results will be significant as the economy almost certainly enters a recessionary period. In Rancho Cucamonga, with its strong service, retail, and restaurant sectors, the impacts are already being felt in declining business revenues resulting from temporary retail store closures, limits on restaurant operations, and temporary closures in the non- essential services sectors. It is in the best interests of the City and the business community to work with businesses to provide some level of financial relief where it is reasonably possible, in order to support these businesses as they seek to weather this economic storm and ultimately recover. A successful business community is essential for our City and its residents to continue to thrive in the future. On March 25, 2020, the City Manager, acting as the City's Director of Emergency Services, issued Executive Order 2020-1 to provide the following relief to Rancho Cucamonga businesses and customers: • Business license renewals will have a 120 day grace period before penalties for non-payment are Page 579 imposed, instead of the standard grace period of 30 days. • Issuance of citations for delinquent business license renewals are suspended during this emergency. • Re -inspection fees imposed by the Fire District are suspended. For businesses that have an inspection in progress, re -inspection fees will not be assessed for repeated inspections that find violations uncorrected. Businesses will be encouraged to make corrections in the interest of the safety of their business operations and re -inspections will continue in an effort to persuade compliance, but re- inspection fees will not be assessed. Note that imminent life safety issues will need to be abated and discontinued in the interests of public safety. • For those re -inspection fees previously imposed, they are waived and permits will be issued in those cases where payment was the only condition to receiving the permit. • Fire Prevention staff will replace formal scheduled inspections of high-risk facilities and instead complete welfare or safety checks during this emergency. • Fire District false alarm fees are suspended. • A hardship program is established for Spring 2020 weed abatement. If a property owner requests to participate in the hardship program due to an inability to complete the abatement in a timely manner, the Fire District will arrange to complete the work, bill the owner, but defer the payment. • All administrative fees for weed abatement by the Fire District are waived. • Community Services Department will work with customers that had paid for classes, theater tickets, or facility rentals, and issue hardship refunds net of the City's costs for processing fees incurred from third party vendors. FISCAL IMPACT: Precise fiscal impacts on the City and Fire District are difficult to determine at this time. For the City, extension of the grace period and discontinuing administrative citations could result in a revenue loss of approximately $25,000 - $50,000. The impact on revenues to the Community Services Department is unknown at this time, but will be offset to some degree by reduced costs resulting from reduced programming and staffing. For the Fire District, it is anticipated that the loss of revenue could total approximately $35,000. COUNCIL GOAL(S) ADDRESSED: This item supports the Council's goal for mid and long-range planning, by supporting the community so that it might recover and rebuild from this unprecedented emergency. ATTACHMENTS: Description City Council Resolution Fire District Resolution Executive Order 2020-1 Page 580 RESOLUTION NO. 20- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, RATIFYING THE DIRECTOR OF EMERGENCY SERVICES' EXECUTIVE ORDER 2020-1 TO SUSPEND BUSINESS LICENSE PENALTIES AND ADMINISTRATIVE CITATIONS, AND MODIFY REFUND PROCEDURES FOR THE COMMUNITY SERVICES DEPARTMENT DURING THE LOCAL EMERGENCY CAUSED BY THE COVID-19 PANDEMIC A. RECITALS: 1. International, national, state, and local health and governmental authorities are responding to an outbreak of respiratory disease caused by a novel coronavirus named "SARS-CoV-2," and the disease it causes has been named "coronavirus disease 2019," abbreviated COVID-19, ("COVID-19"). 2. On March 4, 2020, the Governor of the State of California declared a state of emergency to make additional resources available, formalize emergency actions already underway across multiple state agencies and departments, and help the State prepare for broader spread of COVID-19. 3. On March 13, 2020, the President of the United States of America declared a national emergency and announced that the federal government would make emergency funding available to assist state and local governments in preventing the spread of and addressing the effects of COVID-19. 4. On March 17, 2020, the Health Officer of the County of San Bernardino issued a public health order to prohibit all public and private gatherings and require the closure of all bars, adult entertainment establishments, and other business establishments that do not serve food, as well as movie theatres, gyms, and health clubs in response to help prevent the spread of COVID-19. 5. On March 18, 2020, the Rancho Cucamonga City Council adopted Resolution 2020-014, proclaiming the existence of a local emergency due to COVID-19 pursuant to Government Code Section 8630. 6. On March 19, 2020, the Governor issued Executive Order N-33-20 to implement directives developed by the State Public Health Officer that require all individuals living in the State of California to stay at their place of residence except as needed to maintain continuity of operations of the federal critical infrastructure and other essential sectors. 7. Based on the foregoing, the Centers for Disease Control and Prevention, the California Department of Public Health, and the San Bernardino County Department of Public Health have all issued public health recommendations to the community including but not limited to staying home if sick, social distancing from non -family Page 581 members, canceling or postponing events and gatherings, and taking other precautions to protect public health and prevent transmission of this communicable virus. 8. These public health recommendations and City orders impact daily life in the community as well as the livelihood and economic wellbeing of residents and businesses. 9. These orders have also resulted in the cancellation of various classes, activities, facility rentals, and theater programs offered by the City. 10. Loss of income as a result of COVID-19 may inhibit City residents and businesses from fulfilling their financial obligations, including payment of business license renewals and Fire District fees. 11. Pursuant to Chapter 2.36 of the Rancho Cucamonga Municipal Code, the City Manager is the Director of Emergency Services, and is empowered to make and issue rules and regulations on matters reasonably related to the protection of life and property affected by such emergency; provided, however, such rules and regulations must be confirmed at the earliest practicable time by the City Council. 12. On March 25, 2020, the City Manager, acting in his capacity as the Director of Emergency Services, adopted Executive Order 2020-1 to suspend business license penalties and administrative citations during the current local emergency caused by the COVID-19 pandemic. The Director determined that this action was in the interest of public health and safety. 13. All legal prerequisites to the adoption of this Resolution have occurred. B. RESOLUTION: NOW, THEREFORE, the City Council of the City of Rancho Cucamonga does hereby find and resolve as follows: 1. Findings: a. The facts set forth in the Recitals, above, are true and correct. b. The above described conditions warranted the Director of Emergency Services' actions to suspend business license penalties and administrative citations to counter the significant economic impacts of the public health orders currently affecting businesses within the City. 2. Ratification of Executive Order: Executive Order 2020-1 issued by the Director of Emergency Services on March 25, 2020, as attached hereto as Exhibit A, is hereby ratified and confirmed pursuant to Chapter 2.36 of the Rancho Cucamonga Municipal Code and Government Code Section 8634. 3. Effective Date: This Resolution shall take effect upon adoption. Page 2 Page 582 4. Certification: The City Clerk shall certify to the adoption of this Resolution. PASSED, APPROVED, AND ADOPTED this first day of April, 2020. L. Dennis Michael, Mayor I, JANICE C. REYNOLDS, CITY CLERK of the City of Rancho Cucamonga, California, do hereby certify that the foregoing Resolution was duly passed, approved and adopted by the City Council of the City of Rancho Cucamonga, California, at a Regular Meeting of said City Council held on April 1, 2020. AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: ABSTAINED: COUNCILMEMBERS: ATTEST: Janice C. Reynolds, City Clerk Page 3 Page 583 EXHIBIT A EXECUTIVE ORDER 2020-1 Page 4 Page 584 RESOLUTION NO. 20- A RESOLUTION OF THE BOARD OF DIRECTORS OF THE RANCHO CUCAMONGA FIRE PROTECTION DISTRICT RATIFYING THE DIRECTOR OF EMERGENCY SERVICES' EXECUTIVE ORDER 2020-1 TO WAIVE, DEFER, OR SUSPEND CERTAIN FEES AND INSPECTIONS OF THE RANCHO CUCAMONGA FIRE PROTECTION DISTRICT DURING THE LOCAL EMERGENCY CAUSED BY THE COVID-19 PANDEMIC A. RECITALS: 1. International, national, state, and local health and governmental authorities are responding to an outbreak of respiratory disease caused by a novel coronavirus named "SARS-CoV-2," and the disease it causes has been named "coronavirus disease 2019," abbreviated COVID-19, ("COVID-19"). 2. On March 4, 2020, the Governor of the State of California declared a state of emergency to make additional resources available, formalize emergency actions already underway across multiple state agencies and departments, and help the State prepare for broader spread of COVID-19. 3. On March 13, 2020, the President of the United States of America declared a national emergency and announced that the federal government would make emergency funding available to assist state and local governments in preventing the spread of and addressing the effects of COVID-19. 4. On March 17, 2020, the Health Officer of the County of San Bernardino issued a public health order to prohibit all public and private gatherings and require the closure of all bars, adult entertainment establishments, and other business establishments that do not serve food, as well as movie theatres, gyms, and health clubs in response to help prevent the spread of COVID-19. 5. On March 18, 2020, the Rancho Cucamonga City Council adopted Resolution 2020-014, proclaiming the existence of a local emergency due to COVID-19 pursuant to Government Code Section 8630. 6. On March 19, 2020, the Governor issued Executive Order N-33-20 to implement directives developed by the State Public Health Officer that require all individuals living in the State of California to stay at their place of residence except as needed to maintain continuity of operations of the federal critical infrastructure and other essential sectors. 7. Based on the foregoing, the Centers for Disease Control and Prevention, the California Department of Public Health, and the San Bernardino County Department of Public Health have all issued public health recommendations to the community including but not limited to staying home if sick, social distancing from non -family Page 585 members, canceling or postponing events and gatherings, and taking other precautions to protect public health and prevent transmission of this communicable virus. 8. These public health recommendations and City orders impact daily life in the community as well as the livelihood and economic wellbeing of residents and businesses. 9. Loss of income as a result of COVID-19 may inhibit City residents and businesses from fulfilling their financial obligations, including payment of Fire District fees. 10. Pursuant to Chapter 2.36 of the Rancho Cucamonga Municipal Code, the City Manager is the Director of Emergency Services, and is empowered to make and issue rules and regulations on matters reasonably related to the protection of life and property as affective by such emergency; provided, however, such rules and regulations must be confirmed at the earliest practicable time by the City Council. 11. On March 25, 2020, the City Manager, acting in his capacity as the Director of Emergency Services, adopted Executive Order 2020-1 to waive, defer, or suspend certain fees and inspections of the Fire District during the current local emergency caused by the COVID-19 pandemic. The Director determined that this action was in the interest of public health and safety. 12. All legal prerequisites to the adoption of this Resolution have occurred. B. RESOLUTION: NOW, THEREFORE, the City Council, acting in its capacity as the Board of Directors of the Rancho Cucamonga Fire Protection District, does hereby find and resolve as follows: 1. Findings: a. The facts set forth in the Recitals, above, are true and correct. b. The above described conditions warranted the Director of Emergency Services' actions relating to Fire District fees, inspections, and weed abatement requirements to counter the significant economic impacts of the public health orders currently affecting businesses and residents within the City. 2. Ratification of Executive Order: Executive Order 2020-1 issued by the Director of Emergency Services on March 25, 2020, as attached hereto as Exhibit A, is hereby ratified and confirmed pursuant to Chapter 2.36 of the Rancho Cucamonga Municipal Code and Government Code Section 8634. 3. Effective Date: This Resolution shall take effect upon adoption. Page 2 Page 586 4. Certification: The Secretary of the Rancho Cucamonga Fire Protection District shall certify to the adoption of this Resolution. PASSED, APPROVED, AND ADOPTED this first day of April, 2020. L. Dennis Michael, President I, JANICE C. REYNOLDS, SECRETARY of the Board of Directors of the Rancho Cucamonga Fire Protection District, do hereby certify that the foregoing Resolution was duly passed, approved and adopted by the Board of Directors of the City of Rancho Cucamonga Fire Protection District at a Regular Meeting of said Board of Directors held on April 1, 2020. AYES: DIRECTORS: NOES: DIRECTORS: ABSENT: DIRECTORS: ABSTAINED: DIRECTORS: ATTEST: Janice C. Reynolds, Secretary Page 3 Page 587 EXHIBIT A EXECUTIVE ORDER 2020-1 Page 4 Page 588 Mayor L. Dennis Michael I Mayor Pro Tem Lynne B. Kennedy Council Members Ryon A. Hutchison, Kristine D. Scott, Sam Spagnolo City ManagerJohn R. Gillison 10500 Civic Center Drive I Rancho Cucamonga, CA 91730 1909.477.2700 1 www.CityofRC.us EXECUTIVE ORDER 2020-1 OF THE DIRECTOR OF EMERGENCY SERVICES WHEREAS international, national, state, and local health and governmental authorities are responding to an outbreak of respiratory disease caused by a novel coronavirus named "SARS-CoV-2," and the disease it causes has been named "coronavirus disease 2019," abbreviated COVID-19, ("COVID-19"); and WHEREAS, on March 4, 2020, the Governor of the State of California declared a state of emergency to make additional resources available, formalize emergency actions already underway across multiple state agencies and departments, and help the State prepare for broader spread of COVID-19; and WHEREAS, on March 13, 2020, the President of the United States of America declared a national emergency and announced that the federal government would make emergency funding available to assist state and local governments in preventing the spread of and addressing the effects of COVID-19; and WHEREAS, on March 17, 2020, the Health Officer of the County of San Bernardino issued a public health order to prohibit all public and private gatherings and require the closure of all bars, adult entertainment establishments, and other business establishments that do not serve food, as well as movie theatres, gyms, and Health clubs in response to help prevent the spread of COVID-19; and WHEREAS, on March 18, 2020, the Rancho Cucamonga City Council adopted Resolution 2020-014, proclaiming the existence of a local emergency due to COVID-19; and WHEREAS, on March 19, 2020, the Governor issued Executive Order N-33-20 to implement directives developed by the State Public Health Officer that require all individuals living in the State of California to stay at their place of residence except as needed to maintain continuity of operations of the federal critical infrastructure and other essential sectors; and WHEREAS, based on the foregoing, the Centers for Disease Control and Prevention, the California Department of Public Health, and the San Bernardino County Department of Public Health have all issued public health recommendations to the community including but not limited to staying home if sick, social distancing from non -family members, canceling or postponing events and gatherings, and taking other precautions to protect public health and prevent transmission of this communicable virus; and Page 589 Mayor L. Dennis Michael I Mayor Pro Tem Lynne B. Kennedy Council Members Ryan A. Hutchison, Kristine D. Scott, Sam Spagnolo City Manager John R. Gillison 10500 Civic Center Drive I Rancho Cucamonga, CA 91730 1909.477.2700 1 www.CityorRC.us WHEREAS these public health recommendations and City orders impact daily life in the community as well as the livelihood and economic wellbeing of residents and businesses; and WHERAS these orders have resulted in the cancellation of various classes, activities, and theater programs offered by the City; and WHEREAS loss of income as a result of COVID-19 may inhibit City residents and businesses from fulfilling their financial obligations, including payment of business license renewals and Fire District fees; and WHEREAS, pursuant to Chapter 2.36 of the Rancho Cucamonga Municipal Code, the City Manager is the Director of Emergency Services, and is empowered to make and issue rules and regulations on matters reasonably related to the protection of life and property as affective by such emergency; provided, however, such rules and regulations must be confirmed at the earliest practicable time by the City Council; and WHEREAS, in the interest of public health and safety, as affected by the emergency caused by the spread of COVID-19, it is necessary to exercise my authority pursuant to Section 2.36.060 of the Rancho Cucamonga Municipal Code to issue this regulation related to the protection of life and property. NOW, THEREFORE, I, John Gillison, the Director of Emergency Services for the City of Rancho Cucamonga, do hereby issue the following order to become effective immediately, subject to ratification as soon as practicable by the City Council. IT IS HEREBY ORDERED THAT: 1. Penalties for non-payment of business license renewals will not be imposed until 120 days after the applicable renewal date. 2. Administrative citations for delinquent business license renewals are suspended during the local emergency. 3. Re -inspection fees imposed by the Rancho Cucamonga Fire District ("Fire District") are suspended during the local emergency. Businesses are encouraged to make corrections in the interest of the safety of their business operations and re -inspections will continue in an effort to persuade compliance, but re -inspection fees will not be imposed; however, practices, processes, and equipment that are an imminent risk of creating a fire or jeopardizing life safety will be abated and discontinued in the interests of public safety. 4. Re -inspection fees previously imposed by the Fire District are hereby waived and an operating permit will issue to any business that has made all necessary corrections required by the Fire District as part of an inspection and the only condition to receiving an operating permit was the payment of re -inspection fees. Page 590 Mayor L. Dennis Michael I Mayor Pro Tem Lynne B. Kennedy Council Members Ryan A. Hutchison, Kristine D. Scott, Sam Spagnolo City ManagerJohn R. Gillison 10500 Civic Center Drive I Rancho Cucamonga, CA 91730 1909.477.2700 1 www.Ciyo1RC.us 5. For high-risk facilities as defined by the Fire District, formal, scheduled inspections are discontinued and instead Fire Prevention staff will complete welfare or safety checks during the local emergency. Prevention staff will continue to investigate and follow up on reports of violations of State and local fire and life safety codes that could create unnecessary risk to the well-being of residents and businesses. 6. Fire District false alarm fees are suspended during the local emergency. 7. A hardship program is established for Spring 2020 Weed Abatement by the Fire District during the local emergency. If a property owner requests to participate in the hardship program due to an inability to timely complete the required abatement, the Fire District will arrange for the work to be done, bill the property owner, but allow for a deferred payment. The Fire District is hereby directed to develop administrative guidelines to implement this hardship program. 8. All administrative fees for Fire District Weed Abatement are waived. 9. The Community Services Department is hereby directed to work with customers and issue hardship refunds net of the City's costs for processing fees incurred from third party vendors. The Community Services Department is also directed to develop administrative guidelines to implement this hardship program. 10. Unless otherwise stated herein, all fees or actions waived by this Executive Order shall be permanently waived. All fees or actions suspended by this Executive Order are suspended for the duration of the COVID-19 local emergency and shall be paid or completed within 120 days after the local emergency is concluded. 11. This Order shall take effect immediately and shall remain in effect until the local emergency declared by the City Council due to the COVID-19 pandemic is concluded, at which time it will automatically expire unless extended or expressly superseded by a duly enacted Resolution of the City Council or by a further Order by the Director of Emergency Services. x ADOPTED this 25th day of March 2020. ATTEST: Janice Reynolds, City Clerk r t B - JOHN GILLISON, DIRECTOR OF EMERGENCY SERVICES APPROVED AS TO FORM: James Markman, City Attorney Page 591 Resolutions Ratifying Emergency Executive Order 2020-1 Presented to the City Council and Fire District Board of Directors April 1, 2020 COVI D-19 Emergency Actions: • March 4 —Governor declares a state of emergency • March 17 —County Public Health orders the end to all public and private gatherings • March 18 -City Council proclaims local emergency, adopts urgency ordinance to prohibit evictions • March 19 —Governor Newsom issues statewide stay at home order; many businesses discontinue operations Emergency Executive Order 2020-1 • March 25 —Emergency Executive Order 2020-1 is issued by the Director of Emergency Services (City Manager) • Municipal Code provides authority for the order • Order is meant to protect life and property by providing some economic relief to local businesses and address operational issues Summary of Executive Order 2020-1: • Provides more time to pay business license renewals — 120 day grace period instead of 30 days • Suspends issuance of citations for delinquent renewals • Suspends Fire District reinspection fees and false alarm fees • Waives outstanding Fire District fees previously imposed as a condition of an operating permit Summary of Executive Order 2020-1 (continued): • Establishes a hardship program for Spring 2020 Weed Abatement compliance; eliminates administrative fees • Establishes a refund policy for Community Services classes and tickets; refunds to be issued, net of third party processing costs Summary of Executive Order 2020-1 (continued): • Establishes a hardship program for Spring 2020 Weed Abatement compliance; eliminates administrative fees • Establishes a refund policy for Community Services classes and tickets; refunds to be issued, net of third party processing costs Next steps: It is recommended that the City Council and Fire District Board of Directors adopt the resolutions ratifying Emergency Order 2020-1