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2020/11/04 - Agenda Packet
Mayor CITY OF RANCHO CUCAMONGA L. Dennis Michael REGULAR MEETING Mayor Pro Tem AMENDED AGENDA - ITEM D9 ADDED Lynne B. Kennedy Members of the City November 4, 2020 Council: r*00" i Ryan A. Hutchison 10500 Civic Center Drive Kristine D. Scott Rancho Cucamonga, CA 91730 Sam Spagnolo FIRE PROTECTION DISTRICT BOARD — CITY COUNCIL HOUSING SUCCESSOR AGENCY- SUCCESSOR AGENCY— PUBLIC FINANCE AUTHORITY CLOSED SESSION I— II ROOM 4:30 P.M. REGULAR MEETINGS COUNCIL CHAMBERS 7:00 P.M. The City Council meets 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. It Is the Intent to conclude the meeting by 10:00 p.m. unless extended by the concurrence of the City Council. Agendas, minutes, and recordings of meetings can be found at muw cuhjoftc ii us or by contacting the City Clerk's Office at 909-774-2023. Live Broadcast available on Channel 3 (RCTV-3). In response to the Governor's Executive Orders, the San Bernardino County Department of Public Health requirements, and to ensure the health and safety of our residents by limiting contact that could spread the COVID-19 virus, there will be no members of the public in attendance at the City Council/Fire District Meetings. Members of the City Council/Fire District and staff may participate in this meeting via a teleconference. In place of in-person attendance, members of the public are encouraged to watch from the safety of their homes in one of the following ways: Live Streaming on the City's website at hftps://www.cityofrc.us/your-government/city-council,agendas or Local Cable: RCTV3 Programming Members of the public wishing to speak during public communication may call at the start of the meeting by dialing (909)774-2751, if speaking on a Public Hearing item, please dial in when the Public Hearing is being heard at (909)774-2751 to be added to the queue for public comment. Calls will be answered in the order received. The City of Rancho Cucamonga thanks you in advance for taking all precautions to prevent spreading the COVI D-1 9 virus. 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, 24 hours prior to the meeting so that the City can make reasonable arrangements. CITY COUNCIL VISION STATEMENT Page 1 "Our Vision is to build on our success as a world class community, to create an equitable, sustainable, and vibrant city, rich in opportunity for all to thrive." CLOSED SESSION - 4:30 P.M. CALL: TRI-COMMUNITIES ROOM ROLL Mayor Michael Mayor Pro Tern Kennedy Council Members Hutchison, Scott, and Spagnolo PUBLICB. I I I ITEM(S ) C. CITY MANAGER ANNOUNCEMENTS SESSIOND. CONDUCT OF CLOSED 1. CONFERENCE WITH REAL PROPERTY NEGOTIATORS PER GOVERNMENT CODE SECTION 54956.8 FOR PROPERTY GENERALLY LOCATED AT THE NORTH EAST CORNER OF ARROW ROUTE AND ROCHESTER AVENUE IDENTIFIED AS PARCEL NUMBER 0229-012-97-0000; NEGOTIATING PARTIES JOHN GILLISON, CITY MANAGER AND DAVID NEAULT, KW COMMERCIAL REPRESENTING THE CITY OF RANCHO CUCAOA; REGARDING PRICE AND TERMS. -CITY CONFERENCE WITH LABOR NEGOTIATOR ROBERT NEIUBER, HUMAN RESOURCES DIRECTOR PER GOVERNMENT CODE SECTION 54954.2 REGARDING LABOR NEGOTIATIONS WITH THE RANCHO CUCAOA CITY EMPLOYEES ASSOCIATION ( CCEA), TEAMSTERS LOCAL 1932 AND EXECUTIVE MANAGEMENT GROUP - CITY . 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, 0209-143-217 AND 0209-272-22; NEGOTIATING PARTIES CITY MANAGER JOHN ILLIO , CITY MANAGER, REPRESENTING THE CITY OF RANCHO CUCAOA, CARRIE SCHINDLER REPRESENTING SBCTA, AND SARAH WATEO , PRESIDENT, REPRESENTING DESERTXPRESS ENTERPRISES; REGARDING PRICE AND TERMS. —CITY . CONFERENCE WITH LEGAL COUNSEL ANTICIPATED LITIGATION: INITIATION OF LITIGATION PURSUANT TO PARAGRAPH (4) OF SUBDIVISION (D) OF SECTION 54956.9: (1 CASE) CONFERENCE WITH LEGAL COUNSEL—ANTICIPATED LITIGATION: SIGNIFICANT CITY COUNCIL VISION STATEMENT Page 2 "Our Vision is to build on our success as a world class community, to create an equitable, sustainable, and vibrant city, rich in opportunity for all to thrive." EXPOSURE TO LITIGATION PURSUANT TO PARAGRAPH (2) OF SUBDIVISION (D) OF SECTION 54956.9- 1 CASE. The City has received a letter threatening litigation in connection with the cancellation of a Towing Services Agreement. The letter is available for inspection in the City Clerk's Office. — CITY D6. CONFERENCE WITH LEGAL COUNSEL — EXISTING LITIGATION PURSUANT TO PARAGRAPH (1) OF SUBDIVISION (D) OF SECTION 54956.9; NAME OF CASE- HIMNEL USA, INC. d/b/a T. MAY'S MONTESSORI SCHOOL AND GLOBAL PROPERTY HOLDINGS LLC V . CITY OF RANCHO CUCAMONGA, SBSC CASE NO.- CIVDS 2014554- CITY D7. CONFERENCE WITH LEGAL COUNSEL — EXISTING LITIGATION PURSUANT TO PARAGRAPH (1) OF SUBDIVISION (D) OF SECTION 54956.9; NAME OF CASE- CITY OF R . POWER MEDIC TECHNOLOGIES, INC.; CUCAMONGA V. DR LANDMARK, INC., INC.; HOFER PROPERTIES, LLC; AND DOES 1 THROUGH 5 INCLUSIVE, SBSC CASE NO.- CIVDS 1904713— CITY D8. CONFERENCE WITH REAL PROPERTY NEGOTIATORS PER GOVERNMENT CODE SECTION 54956.8 FOR PROPERTY LOCATED AT 12467 BASELINE 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 D9. CONFERENCE WITH REAL PROPERTY NEGOTIATIONS PROPERTY- 8408 ROCHESTER AVENUE, RANCHO CUCAMONGA, CA AGENCY NEGOTIATORS: JENNIFER HUNT-GRACIA AND JOHN GILLISON NEGOTIATING PARTIES- CITY OF RANCHO CUCAMONGA AND RANCHO BASEBALL, LLC UNDER NEGOTIATION: TERMS OF LEASE. - CITY D10. PUBLIC EMPLOYEE PERFORMANCE EVALUATION PER GOVERNMENT CODE SECTION 54957 (TITLE- CITY MANAGER) A. ANNOUNCEMENT OF CLOSED SESSION ITEM(S) E. RECESS — Closed Session to Recess to the Regular City Council Meeting at 7:00 P.M. in the Council Chambers at City Hall, 10500 Civic Center Drive, Rancho Cucamonga, California. CITY COUNCIL VISION STATEMENT Page 3 "Our Vision is to build on our success as a world class community, to create an equitable, sustainable, and vibrant city, rich in opportunity for all to thrive." REGULAR MEETING - 7:00 P.M. COUNCIL CHAMBERS PLEDGE OF ALLEGIANCE ROLL CALL: Mayor Michael Mayor Pro Tem Kennedy Council Members Hutchison, Scott, and Spagnolo A. AMENDMENTS TO THE AGENDA B. ANNOUNCEMENT/ PRESENTATIONS B1. Presentation of Excellence in Procurement Award Received by the Rancho Cucamonga Procurement Division. B2. Announcement of Building a Path to Unity- A Virtual Symposium on Racial Healing, Equity, and Unity. B3. Arbor Day Presentation. C. PUBLIC COMMUNICATIONS Members of the City Council also sit as the Fire Board, Housing Successor Agency, Successor Agency, and Public Finance Authority. This is the time and place for the general public to address the Fire Protection District, Housing Successor Agency, Successor Agency, Public Financing Authority Board, and City Council on any item listed or not listed on the_g_qenda. State law prohibits the Fire Protection District, Housing Successor Agency, Successor Agency, Public Financing 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 Financing 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. CITY COUNCIL VISION STATEMENT Page 4 "Our Vision is to build on our success as a world class community, to create an equitable, sustainable, and vibrant city, rich in opportunity for all to thrive." CONSENT CALENDARS: The following Consent Calendar items are expected to be routine and noncontroversial. They will be acted upon without discussion unless an item is removed by Council Member for discussion. Members of the City Council also sit as the Fire Board, Housing Successor Agency, Successor Agency, and Public Finance Authority. Due to the relatively few items typically pending before the Housing Successor Agency, Successor Agency, and Public Finance Authority, the City Council may act on the consent calendar for those bodies as part of a single motion with the City Council consent calendar. D. CONSENT CALENDAR - FIRE PROTECTION DISTRICT D1. Consideration of Meeting Minutes for the Regular Meetings of October 21, 2020. D2. Consideration to Approve i-Weekly Payroll in the Amount of $814,935.41 and Weekly Check Registers (Excluding Checks Issued to Southern California Gas Company) in the Amount of$208,578.49 Dated October 12, 2020 Through October 25, 2020. D3. Consideration to Approve Weekly Check Registers for Checks Issued to Southern California Gas Company in the Amount of$334.03 Dated October 12, 2020 Through October 25, 2020. D4. Consideration of a Professional Services Agreement with Owen Group, Limited Partnership, in the Amount of $346,200, Plus a 10% Contingency for the Americans with Disabilities Act (AA) Self-Evaluation and Transition Plan (Priority Phases 1 Through 3). D5. Consideration of a Resolution Authorizing the City Manager to Negotiate and Execute Agreements for Real Estate Listing and Broker Services Involving the Purchase or Sale of Real Property. (RESOLUTION NO. FD2020-020). E. CONSENT CALENDAR - CITY COUNCIL El. Consideration of Meeting Minutes for the Regular Meetings of October 21, 2020. E2. Consideration to Approve i-Weekly Payroll in the Amount of$987,674.47 and Weekly Check Registers (Excluding Checks Issued to Southern California Gas Company) in the Amount of$4,324,059.28 Dated October 12, 2020 Through October 25, 2020. E3. Consideration to Approve Weekly Check Registers for Checks Issued to Southern California Gas Company in the Amount of$112.36 Dated October 12, 2020 Through October 25, 2020. E4. Consideration to Approve an Improvement Agreement, Improvement Securities, and CITY COUNCIL VISION STATEMENT Page 5 "Our Vision is to build on our success as a world class community, to create an equitable, sustainable, and vibrant city, rich in opportunity for all to thrive." Resolutions Ordering the Annexation into Landscape Maintenance District No. 3 , and into Street Light Maintenance Districts No.'s 1 and 6 Located on the North Side of 9th Street, West of Vineyard Avenue, at 8768 9th Street, Related to Case No. DRC2018-00912. (RESOLUTION NO. 2020-110), (RESOLUTION NO. 2020-111), and (RESOLUTION NO. 2020-112). E5. Consideration for a Bond Reduction Request for Case No. DRC2008-00909, Located at the Northeast Corner of Base Line Road and Amethyst Avenue, Submitted by NAS Alta Loma, LLC. E6. Consideration of a Request to Summarily Vacate Excess Right-Of-Way And Order Annexation to Landscape Maintenance District No. 7 And Street Light Maintenance District No's 1 and 7, for Case No. DRC2015-00066, on the East Side of East Avenue Approximately 180 Feet South of Banyan Street Located at 6135 East Avenue, AP N 0225- 191-31-0000. E7. Consideration to Authorize the Purchase of Traffic Signal Replacement Batteries from Nextech Systems Inc. of Irvine, California, the Most Responsive Bidder in Accordance with the Request for Bid ("RFB") #20/21-115 in the Amount of$76,500. E8. Consideration of a Professional Services Agreement with Owen Group, Limited Partnership, in the Amount of $346,200, Plus a 10% Contingency for the Americans with Disabilities Act (AA) Self-Evaluation and Transition Plan (Priority Phases 1 Through 3). E9. Consideration of a Resolution Authorizing the City Manager to Negotiate and Execute Agreements for Real Estate Listing and Broker Services Involving the Purchase or Sale of Real Property. (RESOLUTION NO. 2020-113). E10. Consideration of a Resolution Proclaiming Existence of a Local Emergency Due to the Extreme Wind Event That Took Place on October 26 and 27, 2020. (RESOLUTION NO. 2020-114). F. CONSENT CALENDAR ORDINANCE(S) SECOND READING/ADOPTION The following Ordinance(s) have been introduced for First Reading. Second Readings are expected to be routine and noncontroversial. 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. CITY COUNCIL VISION STATEMENT Page 6 "Our Vision is to build on our success as a world class community, to create an equitable, sustainable, and vibrant city, rich in opportunity for all to thrive." G. ADMINISTRATIVE HEARING IT G1. Consideration of Urgency Zoning Ordinance No. 976, to be Read by Title only and Waive Further Reading, to Establish an Interim Moratorium for a Period of 45 Days on New Industrial Building Development Located A) Within the Southeast Industrial Quadrant of the City and/or B) Within 500 Feet of Foothill Boulevard. (ORDINANCE NO. 976). H. ADVERTISED PUBLIC HEARING ITEM(S)—CITY/FI RE DISTRICT I. CITY MANAGER'S STAFF REPORT(S) J. COUNCIL BUSINESS J1. COUNCIL ANNOUNCEMENTS (Comments to be limited to three minutes per Council Member.) J2. INTERAGENCY UPDATES (Update by the City Council to the community on the meetings that were attended.) K. CITY ATTORNEY ITEMS: L. IDENTIFICATION OF ITEMS FOR NEXT MEETING M. ADJOURNMENT CERTIFICATION 1, 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. LINDA A. TROYAN, MMC CITY CLERK SERVICES DIRECTOR 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. CITY COUNCIL VISION STATEMENT Page 7 "Our Vision is to build on our success as a world class community, to create an equitable, sustainable, and vibrant city, rich in opportunity for all to thrive." 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VIDEO Shown (Refer to Council Video www.cityofrc.us) r N � r uum � I a p�: October 21, 2020 CITY OF RANCHO CUCAMONGA CLOSED SESSION, FIRE PROTECTION DISTRICT, HOUSING SUCCESSOR AGENCY, SUCCESSOR AGENCY, PUBLIC FINANCE AUTHORITY AND CITY COUNCIL REGULAR MEETINGS MINUTES 4:30 P.M. - CLOSED SESSION CALL TO ORDER - TRI-COMMUNITIES CONFERENCE ROOM The City of Rancho Cucamonga City Council held a closed session on Wednesday, October 21, 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 5:00 p.m. Present were Council Members: Ryan Hutchison, Kristine Scott, Sam Spagnolo, Mayor Pro Tem Lynne Kennedy and Mayor L. Dennis Michael. Also present were: John Gillison, City Manager; Nick 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. A. ANNOUNCEMENT OF CLOSED SESSION ITEM(S) B. PUBLIC COMMUNICATIONS ON CLOSED SESSION ITEM(S) No public communications were made. C. CITY MANAGER ANNOUNCEMENTS No discussion or actions were taken. D. CONDUCT OF CLOSED SESSION D1. 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), TEAMSTERS LOCAL 1932, RANCHO CUCAMONGA FIREFIGHTERS LOCAL 2274 AND EXECUTIVE MANAGEMENT GROUP- CITY D2. 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 SARAH WATERSON, PRESIDENT, REPRESENTING DESERTXPRESS ENTERPRISES; REGARDING PRICE AND TERMS. —CITY D3. CONFERENCE WITH REAL PROPERTY NEGOTIATORS PER GOVERNMENT CODE SECTION 54956.8 FOR PROPERTY GENERALLY LOCATED AT 12977-12993 ARROW ROUTE IN THE CITY OF RANCHO CUCAMONGA AND FURTHER IDENTIFIED AS SAN BERNARDINO COUNTY TAX ASSESSOR'S PARCEL NUMBERS 0229-141-04 & 12. NEGOTIATING PARTIES, JOHN GILLISON, CITY MANAGER, REPRESENTING THE CITY OF RANCHO CUCAMONGA, REGARDING INSTRUCTIONS TO NEGOTIATORS CONCERNING PRICE. NEGOTIATING PARTIES MAY NEGOTIATE WITH THE PROPERTY OWNERS SET FORTH ABOVE. —CITY D4. CONFERENCE WITH REAL PROPERTY NEGOTIATORS PER GOVERNMENT CODE SECTION 54956.8 FOR PROPERTY GENERALLY LOCATED AT 8583 ETIWANDA AVENUE, RANCHO October 21, 2020 1 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 9 Page 8 CUCAMONGA, CA AND FURTHER IDENTIFIED AS SAN BERNARDINO COUNTY TAX ASSESSOR'S PARCEL NUMBER 0229-141-13. NEGOTIATING PARTIES, JOHN GILLISON, CITY MANAGER, REPRESENTING THE CITY OF RANCHO CUCAMONGA, REGARDING INSTRUCTIONS TO NEGOTIATORS CONCERNING PRICE. NEGOTIATING PARTIES MAY NEGOTIATE WITH THE PROPERTY OWNERS SET FORTH ABOVE. —CITY D5. CONFERENCE WITH REAL PROPERTY NEGOTIATORS PURSUANT TO GOVERNMENT CODE SECTION 54956.8 REGARDING THE FOLLOWING REAL PROPERTY: (1) REAL PROPERTY OWNED BY THM ENTERPRISES, LLC AND LOCATED AT 12449 FOOTHILL BOULEVARD IN THE CITY OF RANCHO CUCAMONGA AND FURTHER IDENTIFIED AS SAN BERNARDINO COUNTY TAX ASSESSOR'S PARCEL NUMBER 0229-031-41. NEGOTIATING PARTIES, JOHN GILLISON, CITY MANAGER, ON BEHALF OF THE CITY OF RANCHO CUCAMONGA, REGARDING INSTRUCTIONS TO NEGOTIATORS CONCERNING PRICE. NEGOTIATING PARTIES MAY NEGOTIATE WITH THE PROPERTY OWNERS SET FORTH ABOVE - CITY D6. CONFERENCE WITH REAL PROPERTY NEGOTIATORS PURSUANT TO GOVERNMENT CODE SECTION 54956.8 REGARDING THE FOLLOWING REAL PROPERTY: (1) REAL PROPERTY OWNED BY WAL-MART REAL ESTATE BUSINESS TRUST AND LOCATED AT 12549 FOOTHILL BOULEVARD IN THE CITY OF RANCHO CUCAMONGA AND FURTHER IDENTIFIED AS SAN BERNARDINO COUNTYTAXASSESSOR'S PARCEL NUMBERS 0229-032-38&44. NEGOTIATING PARTIES, JOHN GILLISON, CITY MANAGER, ON BEHALF OF THE CITY OF RANCHO CUCAMONGA, REGARDING INSTRUCTIONS TO NEGOTIATORS CONCERNING PRICE. NEGOTIATING PARTIES MAY NEGOTIATE WITH THE PROPERTY OWNERS SET FORTH ABOVE. - CITY D7. CONFERENCE WITH LEGAL COUNSEL ANTICIPATED LITIGATION: INITIATION OF LITIGATION PURSUANT TO PARAGRAPH (4)OF SUBDIVISION (D)OF SECTION 54956.9: (1 CASE) D8. CONFERENCE WITH LEGAL COUNSEL — EXISTING LITIGATION PURSUANT TO PARAGRAPH (1) OF SUBDIVISION (D) OF SECTION 54956.9; NAME OF CASE: HIMNEL USA, INC. d/b/a ST. MARY'S MONTESSORI SCHOOL AND GLOBAL PROPERTY HOLDINGS LLC VS. CITY OF RANCHO CUCAMONGA, SBSC CASE NO.: CIVDS 2014554- CITY D9. CONFERENCE WITH LEGAL COUNSEL — EXISTING LITIGATION PURSUANT TO PARAGRAPH (1) OF SUBDIVISION (D) OF SECTION 54956.9; NAME OF CASE: CITY OF RANCHO CUCAMONGA V. DR LANDMARK, INC.; POWER MEDIC TECHNOLOGIES, INC.; HOFER PROPERTIES, LLC; AND DOES 1 THROUGH 5 INCLUSIVE, SBSC CASE NO.: CIVDS 1904713 — CITY D10. CONFERENCE WITH REAL PROPERTY NEGOTIATORS PER GOVERNMENT CODE SECTION 54956.8 FOR PROPERTY LOCATED AT 12467 BASELINE 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 D11. PUBLIC EMPLOYEE PERFORMANCE EVALUATION PER GOVERNMENT CODE SECTION 54957 (TITLE: CITY MANAGER) E. RECESS The closed session recessed at 6:52 p.m. October 21, 2020 1 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 9 Page 9 REGULAR MEETING - 7:00 P.M. CALL TO ORDER - COUNCIL CHAMBERS 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 October 21, 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, Mayor Pro Tem Lynne Kennedy and Mayor L. Dennis Michael. Also present were: John Gillison, City Manager; Nick Ghirelli,Assistant City Attorney Patricia Bravo-Valdez, Deputy Director of City Clerk Services. Council Member Spagnolo 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 the Governor's Executive Orders, the San Bernardino County Department of Public Health requirements, and to ensure the health and safety of Rancho Cucamonga residents by limiting contact that could spread the COVID-19 virus, there will be no members of the public in attendance at the City Council/Fire District Meetings and in place of in person attendance, members of the public are encouraged to watch from the safety of their homes live from the City's website or on RCTV-3. He stated members of the public wishing to speak during public communication, or on a public hearing item will need to dial in to (909)774-2751 to be added to the queue for comment. Additional information on the Coronavirus pandemic and City resources and updates can be found at www.cityofrc.us/coronavirus. B. ANNOUNCEMENTS/PRESENTATIONS B1. Presentation of Certificate of Sympathy in honor of Charles Edward Morton, Crew Boss, Big Bear Hot Shots. Mayor Michael announced that at the conclusion of the City Council Meeting, the City Council would have a moment of silence and adjourn the meeting in memory of Fallen United States Forest Service Firefighter Charles Morton. Morton passed away in the line of duty on September 17th while fighting the El Dorado Fire near Oak Glen. He started his career with the Forest Service in 2006 and was a Big Bear Interagency Hotshot Squad boss. Morton had been a firefighter for 18 years. Mayor Michael expressed that the community mourns with his loved ones during this difficult time and are thankful for the sacrifice and dedication he had for his profession. The City and City Council expressed their heartfelt condolences to the Morton family and presented Morton's fiancee, Monica Tapia and the Morton family with a Certificate of Sympathy. B2. Presentation of a Proclamation to the Rotary Club of Rancho Cucamonga Celebrating their 50th Charter Anniversary. Mayor Michael announced that due to COVID-19 and social distancing requirements,tonight's recognition would be presented virtually to the Rotary Club of Rancho Cucamonga, who were watching the presentation from the safety of their homes via RCTV-3. Mayor Michael shared his personal connection to the Rotary Club and confirmed his membership along with Council Member Hutchison's membership to the Rotary Club. Mayor Michael concluded by presenting the Proclamation and noted that the proclamation would be mailed to the Rotary Club of Rancho Cucamonga President, Rick Gomez, following the meeting. October 21, 2020 1 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 9 Page 10 B3. Presentation of a Proclamation to Katie Roberts for her Retirement from the Chaffey Community College District Governing Board. Mayor Michael announced that due to COVID-19 and social distancing requirements,tonight's recognition would be presented virtually to Katie Roberts, who was watching the presentation from the safety of her home via RCTV-3. Mayor Michael shared highlights of Ms. Roberts career. Mayor Michael concluded by presenting the Proclamation and noted that the proclamation would be mailed to Katie Roberts following the meeting. B4. Presentation of a Proclamation for the Friends of the Library 25th Anniversary. Mayor Michael announced that due to COVID-19 and social distancing requirements,tonight's recognition would be presented virtually to the Friends of the Library, who were watching the presentation from the safety of their homes via RCTV-3. Mayor Michael shared that since 1995, the Friends of the Library have raised over $2.5M dollars for the City's Library Services through their sales of used books, magazines and DVDs at their two bookstores. Mayor Michael noted that without the support of the Friends of the Library, Rancho Cucamonga Library Services would not be the robust, thriving community resource that it is today. Mayor Michael concluded by thanking the Friends of the Library and presented the Proclamation noting that the proclamation would be mailed following the meeting. B5. Healthy RC Compassionate Community COVID-19 Efforts. Clarence De Guzman, Community Programs Coordinator and Joanna Marrufo, Management Aide, presented a PowerPoint presentation and video highlighting the dedicated Healthy RC Community Champions and Compassionate Community Committee members and their efforts during the COVID-19 Pandemic. The Mayor and City Council virtually presented Certificates of Recognition to esteemed community members: Luz Fuentes, Community Champions,Teresa Gonzalez, Community Champions, Margarita Diaz, Community Champions and Nanette Hart, Compassionate Community member for all of their community outreach efforts during the COVID- 19 Pandemic. B6. Announcement of the Furry Friends Howl-O-Ween Virtual Walk for the Animals, Saturday October 31, 2020. Veronica Fincher, Animal Services Director, presented a PowerPoint sharing the exciting news of the Rancho Cucamonga Animal Shelter hosting an upcoming Furry Friends Howl-O-Ween Virtual Walk scheduled for Saturday October 31, 2020. C. PUBLIC COMMUNICATIONS Mayor Michael announced, due to COVID-19 and social distancing requirements,the Public Communications portion of the meeting will be conducted telephonically. Via phone call, Janet Walton, offered a prayer. CONSENT CALENDARS D. CONSENT CALENDAR - FIRE PROTECTION DISTRICT D1. Consideration of Meeting Minutes for the Regular Meetings of October 7, 2020. D2. Consideration to Approve Bi-Weekly Payroll in the Amount of $933,208.99 and Weekly Check Registers (Excluding Checks Issued to Southern California Gas Company) in the Amount of $905,063.34 Dated September 28, 2020 Through October 11, 2020 and Electronic Debit Register for the Month of September in the Amount of$555,569.62. October 21, 2020 1 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 9 Page 11 D3. Consideration to Approve Weekly Check Registers for Checks Issued to Southern California Gas Company in the Amount of$56.27 Dated September 28, 2020 Through October 11, 2020. D4. Consideration to receive and file current Investment Schedule as of September 30, 2020. D5. Consideration to Award a Contract to OCC Builders, Inc. in the Amount of $79,000, plus a 10% Contingency in the Amount of$7,900, and Authorization of an Appropriation in the amount of$120,170 for the RCFPD Fire Station No. 176 Site Improvements Project. D6. Consideration to Authorize the Appropriation in the Amount of$422,000 from the Fire Capital Fund for Capital Outlay at the Public Safety Facility. MOTION: Moved by Board Member Spagnolo, seconded by Vice President Kennedy, to approve Consent Calendar Items D1 through D6, with Board Member Scott abstaining on item D3, due to her employment with Southern California Gas Company. Motion carried, 5-0. E. CONSENT CALENDAR - CITY COUNCIL E1. Consideration of Meeting Minutes for the Regular Meetings of October 7, 2020. E2. Consideration to Approve Bi-Weekly Payroll in the Amount of $975,100.58 and Weekly Check Registers (Excluding Checks Issued to Southern California Gas Company) in the Amount of $3,634,775.32 Dated September 28,2020 Through October 11,2020 and Electronic Debit Register for the Month of September in the Amount of$536,440.63. E3. Consideration to Approve Weekly Check Registers for Checks Issued to Southern California Gas Company in the Amount of$1,911.39 Dated September 28, 2020 Through October 11, 2020. E4. Consideration to receive and file current Investment Schedule as of September 30, 2020. E5. Consideration to Approve the Use of Cambridge Seven Associates to Provide Design Services for Museum Exhibit Platforms and Themes Including the Creation of Bid Packages for Tenant Improvements and Exhibit Fabrication and Installation for the Rancho Cucamonga Public Library Second Story and Beyond®Project. E6. Consideration to Approve a Single Source Procurement of Iteris Inc. Video Detection System Equipment from RodefX Inc. of Claremont, California in the Amount of$75,000. E7. Consideration to Award the Purchase of Fertilizer and Pesticides Supplies on an"As Needed"Basis from Nutrien AG Solutions, Wilbur-Ellis Co. and SiteOne Landscape Supply, in Accordance with Request for Bids (RFB)#20/21-107 in an Amount Not to Exceed $140,000 Annually to be Funded from Various City and Special Districts Accounts. E8. Consideration of Temporary Park Permitting for City of Rancho Cucamonga Businesses Displaced by Covid-19 Pandemic Program. (RESOLUTION 2020-108) E9. Consideration of a Request from Northtown Housing Development Corporation to Partner on a Weekly Baseball Clinic. E10. Consideration of the Fourth Amendment to the Ground Lease Agreement with Goals Soccer Centers, Inc. E11. Consideration to Approve a Professional Services Agreement with Silver & Wright LLP for Legal Services Related to the Municipal Code and Other Civil Matters. October 21, 2020 1 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 9 Page 12 E12. Consideration of Amendment to Memorandum of Understanding Between the City of Rancho Cucamonga and the Rancho Cucamonga Community and Arts Foundation. MOTION: Moved by Mayor Pro Tem Kennedy, seconded by Council Member Hutchison, to approve Consent Calendar Items E1 through E12, with Council Member Scott abstaining on item E3, due to her employment with Southern California Gas Company. Motion carried, 5-0. F. CONSENT ORDINANCES None. G. ADMINISTRATIVE HEARING ITEM(S) No items. H. ADVERTISED PUBLIC HEARING ITEM(S) - CITY/FIRE DISTRICT No items. I. CITY MANAGERS STAFF REPORT(S) 11. Consideration to Approve an Allocation Agreement between the County of San Bernardino and the City of Rancho Cucamonga related to the CARES Act Coronavirus Relief Fund for Local Governments. City Manager Gillison introduced the item and Lori Sassoon, Deputy City Manager/Administrative Services, who provided a verbal report on item 11. Deputy City Manager Sassoon informed that in July of 2020, the City Council approved an expenditure plan for this CARES Act funding,with approximately$200,000 in funds to be used for City COVID expenses, and the balance of approximately$1.9 million allocated toward the RC CARES Initiative. Deputy City Manager Sassoon stated that the RC CARES has focused on providing economic relief to residents and businesses in the community that have been impacted by COVID-19. She noted that to date, more than $1 million in funds have been distributed in the community through the RC CARES program, with the full $1.9 million expected to be distributed by the end of October. The funds are meant to reimburse cities for their claimable CARES Act costs from March 1, 2020 through December 30, 2020. Deputy City Manager Sassoon stated that the County has determined that Rancho Cucamonga is eligible to receive $2,167,193 in CARES Act funding through the program. Deputy City Manager Sassoon concluded by stating that approval of the Allocation Agreement provides the mechanism by which this reimbursement will be received. MOTION: Moved by Council Member Scott, seconded by Council Member Hutchison, to approve an Allocation Agreement between the County of San Bernardino and the City of Rancho Cucamonga related to the CARES Act Coronavirus Relief Fund for Local Governments. Motion carried, 5-0. 12. Consideration to Approve a Resolution Requesting Modifications to the Governor's Blueprint for a Safer Economy in Order to Allow for Sub-Regional Flexibility and a More Consistent and Expeditious Process for Reopening the Economy. (RESOLUTION NO. 2020-106) City Manager Gillison introduced the item and provided a verbal report for item 12 and Resolution No. 2020- 106. City Manager Gillison explained that the proposed resolution calls on Governor Newsom to allow for communities that have historically experienced low rates of COVID-19 infection to be permitted to reopen independent of the county they are located in. City Manager Gillison further explained that the resolution also urges Governor Newsom to make the reopening process for counties more stable and predictable, including requesting that the testing metric be a fixed number rather than the shifting median testing number October 21, 2020 1 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 9 Page 13 of all 58 California counties that has been put in place. Lastly,City Manager Gillison added that the resolution requests that the Governor provide guidance for convention centers, places of worship, and other meeting facilities to safely reopen for indoor operations with proper protocols and capacity limits that will ensure the public's safety. Council Member Hutchison shared his support for the resolution and opportunities to regain local control. Mayor Pro Tem Kennedy asked City Manager Gillison what tier the City of Rancho Cucamonga would be if measured as a city or independently from the County. City Manager Gillison stated that the City currently has a rate of 16.34 cases per 1,000 population as compared to the County average of 26.66 cases per 1,000 population. City Manager Gillison noted that the rate is amongst the lowest in the County. City Manager Gillison further informed that the City has a lower 3.8% positive test rate compared to the County's positive test rate of 8.42% which would put the City in an orange tier. MOTION: Moved by Council Member Hutchison seconded by Mayor Pro Tem Kennedy to adopt Resolution No. 2020-106, requesting modifications to the Governor's blueprint for a safer economy in order to allow for sub regional flexibility and a more consistent and expeditious process for reopening the economy. Motion carried, 5-0. 13. Consideration to Approve a Resolution Supporting California's Proposition 20 on the November 2020 Ballot. (RESOLUTION NO. 2020-107) City Manager Gillison introduced the item and Hope Velarde, Management Analyst 1, who provided a PowerPoint overview of California's Proposition 20 on the November 2020 Ballot. The presentation covered Proposition 20 initiative details such as its impact on: violent crimes, serial theft, parole violations and DNA collection. Management Analyst Velarde noted that Proposition 20 was carefully drafted to fix very specific flaws and addresses components of Propositions 47 and 57 specific to early release and parole, not prison sentencing, keeping people in prison who have committed truly violent crimes such as human trafficking and assault with a deadly weapon. MOTION: Moved by Council Member Scott, seconded by Council Member Hutchison to adopt Resolution No. 2020-107, Supporting California's Proposition 20 on the November 2020 Ballot. Motion carried, 5-0. Mayor Michael announced that items 14 and 15 would be heard concurrently but acted upon separately as two separate agencies. 14. Consideration of a Resolution Adopting a Joint Powers Agreement and Bylaws for the California Intergovernmental Risk Authority, which permits the joining of Public Agency Risk Sharing Authority of California and the Redwood Empire Municipal Insurance Fund. (RESOLUTION NO. 2020-109) 15. Consideration of a Resolution Adopting a Joint Powers Agreement and Bylaws for the California Intergovernmental Risk Authority, which permits the joining of Public Agency Risk Sharing Authority of California and the Redwood Empire Municipal Insurance Fund. (RESOLUTION NO. FD2020-019) City Manager Gillison introduced the item and provided a verbal report of items 14 and 15. City Manager Gillison informed that given the similarities between the two agencies, REMIF and PARSAC explored a strategic partnership,which led to a proposed merger between the two organizations.The Board of Directors for the pools directed the creation of a new pool (called the California Intergovernmental Risk Sharing Authority or CIRA) effective 07/01/21. City Manager Gillison noted that there will be great benefits in sharing resources, sharing expenses and drawing on strengths. Benefits also include succession planning, more October 21, 2020 1 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 9 Page 14 robust, stable programs, shared training resources, long term program sustainability, and eliminating redundancies. City Manager Gillison stated that the intent of a merger between PARSAC and REMIF is to have long term stability, sustainability and adding depth and breadth to the agencies, with the singular goal of better serving their members. City Manager Gillison concluded by stating that the merged organization will be more fiscally viable and provide greater long-term stability and sustainability. Mayor Pro Tem Kennedy thanked City Manager Gillison for his expertise and efforts. MOTION: Moved by Mayor Pro Tem Kennedy, seconded by Council Member Scott, to adopt Resolution No. 2020-109. Motion carried, 5-0. MOTION: Moved by Vice President Kennedy, seconded by Board Member Hutchison to adopt Resolution No. FD2020-019. Motion carried, 5-0. 16. Consideration of Donation of Public Art. City Manager Gillison introduced the item and Sean McPherson,Senior Planner,who provided a PowerPoint showcasing an art piece for Council to consider: "Peloton Takes the Cucamonga Curve" by San Diego artist Kathleen King. Senior Planner McPherson noted that upon acceptance of art piece,the Public Art Committee will determine appropriate location and coordinate installation. Mayor Michael shared his admiration for the subject art piece and requested a "thank you" letter be sent to artist Kathleen King on the City's behalf. MOTION: Moved by Council Member Spagnolo seconded by Council Member Scott, to accept the subject art piece for donation. Motion carried, 5-0. J. COUNCIL BUSINESS J.1. COUNCIL ANNOUNCEMENTS Council Member Hutchison reported that he attended a Solid Waste Advisory Task Force meeting discussing Fast Pyrolysis Reactor (FPR) method that will thermo chemically decompose any organic or carbon material into energy rich oil and gas. J.2. INTER-AGENCY UPDATES None. K. CITY ATTORNEY ITEMS No items. L. IDENTIFICATION OF ITEMS FOR NEXT MEETING None. October 21, 2020 1 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 9 Page 15 M. ADJOURNMENT Mayor Michael adjourned the City Council Meeting with a moment of silence in honor of Charles Edward Morton, Crew Boss, Big Bear Hot Shots, at 8:14 p.m. Respectfully submitted, Linda A. Troyan, MMC City Clerk Services Director Approved: October 21, 2020 1 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 9 Page 16 DATE: November 4, 2020 TO: President and Members of the Board of Directors FROM: John R. Gillison, City Manager INITIATED BY: Veronica Lopez, Accounts Payable Supervisor SUBJECT: Consideration to Approve Bi-Weekly Payroll in the Amount of $814,935.41 and Weekly Check Registers (Excluding Checks Issued to Southern California Gas Company) in the Amount of $208,578.49. Dated October 12, 2020 Through October 25, 2020. 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: Attachment 1- Bi-Weekly Payroll and Weekly Check Registers Page 17 CITY OF RANCHO CUCAMONGA AND RANCHO CUCAMONGA FIRE PROTECTION DISTRICT Excluding So Calif Gas Company. Agenda Check Register 10/12/2020 through 10/25/2020 Check No. Check Date Vendor Name City Fire Amount AP 00011402 10/14/2020 ABSOLUTE SECURITY INTERNATIONAL INC 15,444.24 0.00 15,444.24 AP 00011403 10/14/2020 CALPINE ENERGY SERVICES LP 102,000.00 0.00 102,000.00 AP 00011404 10/14/2020 CT WEST INC 9,736.29 0.00 9,736.29 AP 00011405 10/14/2020 HAMPTON YOGA 196.00 0.00 196.00 AP 00011406 10/14/2020 HUITT-ZOLLARS INC 22,680.00 0.00 22,680.00 AP 00011407 10/14/2020 MOFFATT&NICHOL 36,599.57 0.00 36,599.57 AP 00011408 10/14/2020 RICHARDS WATSON AND GERSHON 242.00 0.00 242.00 AP 00011409 10/14/2020 RIVERSIDE,CITY OF 6,909.00 0.00 6,909.00 AP 00011410 10/14/2020 SARGENT TOWN PLANNING INC 34,320.00 0.00 34,320.00 AP 00011411 10/14/2020 SHELL ENERGY NORTH AMERICA 326,854.50 0.00 326,854.50 AP 00011412 10/15/2020 ABC LOCKSMITHS INC 311.10 0.00 311.10 AP 00011413 10/15/2020 BRODART BOOKS CO 289.39 0.00 289.39 AP 00011414 10/15/2020 CARQUEST AUTO PARTS 514.79 0.00 514.79 AP 00011415 10/15/2020 DUMBELL MAN FITNESS EQUIPMENT,THE 0.00 739.56 739.56 AP 00011416 10/15/2020 DUNN EDWARDS CORPORATION 76.47 0.00 76.47 AP 00011417 10/15/2020 HOLLIDAY ROCK CO INC 5,118.15 0.00 5,118.15 AP 00011418 10/15/2020 HOSE MAN INC 32.42 51.06 83.48 *** AP 00011419 10/15/2020 KME FIRE APPARATUS 0.00 2,775.22 2,775.22 AP 00011420 10/15/2020 OFFICE DEPOT 698.14 993.94 1,692.08 *** AP 00011421 10/15/2020 PSA PRINT GROUP 0.00 38.79 38.79 AP 00011422 10/15/2020 SIEMENS MOBILITY INC 99,205.22 0.00 99,205.22 AP 00011423 10/15/2020 SOUTHERN CALIFORNIA NEWS GROUP 3,500.00 0.00 3,500.00 AP 00011424 10/15/2020 SUNRISE FORD 638.49 0.00 638.49 AP 00011425 10/15/2020 THOMPSON PLUMBING SUPPLY INC 372.38 0.00 372.38 AP 00011426 10/21/2020 BALANCE 4 LIFE FITNESS 4 WELLNESS INC 49.00 0.00 49.00 AP 00011427 10/21/2020 CALIF GOVERNMENT VEBA/RANCHO CUCAMONGA 23,847.79 0.00 23,847.79 AP 00011428 10/21/2020 FLEENOR BELCO ELECTRIC INC 3,458.00 111,106.30 114,564.30 *** AP 00011429 10/21/2020 FEHR&PEERS 0.00 1,693.13 1,693.13 AP 00011430 10/21/2020 GEOGRAPHICS 770.33 0.00 770.33 AP 00011431 10/21/2020 RCCEA 1,798.25 0.00 1,798.25 AP 00011432 10/21/2020 RCPFA 12,599.29 0.00 12,599.29 AP 00011433 10/21/2020 RICHARDS WATSON AND GERSHON 63,596.73 9,325.37 72,922.10 *** AP 00011434 10/21/2020 TICKETS.COM 1,133.15 0.00 1,133.15 AP 00011435 10/22/2020 ABC LOCKSMITHS INC 121.84 0.00 121.84 AP 00011436 10/22/2020 BLR 560.31 0.00 560.31 AP 00011437 10/22/2020 BRODART BOOKS CO 1,628.00 0.00 1,628.00 AP 00011438 10/22/2020 CALSENSE 3,759.86 0.00 3,759.86 AP 00011439 10/22/2020 DUMBELL MAN FITNESS EQUIPMENT,THE 150.00 0.00 150.00 AP 00011440 10/22/2020 EMCOR SERVICES 7,620.00 276.00 7,896.00 *** AP 00011441 10/22/2020 HOSE MAN INC 0.00 145.87 145.87 AP 00011442 10/22/2020 OFFICE DEPOT 3,787.05 0.00 3,787.05 AP 00011443 10/22/2020 SAFELITE FULFILLMENT INC 253.78 0.00 253.78 AP 00011444 10/22/2020 SIEMENS MOBILITY INC 59,909.64 0.00 59,909.64 AP 00011445 10/22/2020 SOUTHERN CALIFORNIA NEWS GROUP 7,510.10 0.00 7,510.10 AP 00011446 10/22/2020 THOMPSON PLUMBING SUPPLY INC 256.50 0.00 256.50 AP 00011447 10/22/2020 THOMSON REUTERS WEST PUBLISHING CORP 331.00 0.00 331.00 AP 00011448 10/22/2020 VISTA PAINT 92.96 0.00 92.96 User:VLOPEZ-VERONICA LOPEZ Page: 1 Current Date: 10/26/2020 Report:CK AGENDA REG PORTRAIT_CONSOLIDATED- CK:Agenda Check Register Portrait Layout Page Ane: 15:32:13 CITY OF RANCHO CUCAMONGA AND RANCHO CUCAMONGA FIRE PROTECTION DISTRICT Excluding So Calif Gas Company. Agenda Check Register 10/12/2020 through 10/25/2020 Check No. Check Date Vendor Name City Fire Amount AP 00412948 10/14/2020 ALTA VISTA MOBILE HOME PARK 4,931.00 0.00 4,931.00 AP 00412949 10/14/2020 AMPLE MASSAGE SPA 2,500.00 0.00 2,500.00 AP 00412950 10/14/2020 AVANA RANCHO CUCAMONGA 4,800.00 0.00 4,800.00 AP 00412951 10/14/2020 BLASCO REAL ESTATE 3,600.00 0.00 3,600.00 AP 00412952 10/14/2020 BP INTERNATIONAL INC 3,696.25 0.00 3,696.25 AP 00412953 10/14/2020 CA BUSINESS SYSTEMS ENTERPRISE INC 3,442.29 0.00 3,442.29 AP 00412954 10/14/2020 CENTRAL PARK CLEANERS 2,500.00 0.00 2,500.00 AP 00412955 10/14/2020 CHRISTY GLENN 3,600.00 0.00 3,600.00 AP 00412956 10/14/2020 CORNERSTONE PROPERTY MANAGEMENT& 3,600.00 0.00 3,600.00 AP 00412958 10/14/2020 DYLAN WU 3,600.00 0.00 3,600.00 AP 00412959 10/14/2020 EUPHORIA NAILS AND SPA 2,500.00 0.00 2,500.00 AP 00412960 10/14/2020 FIR TERRACE 3,600.00 0.00 3,600.00 AP 00412961 10/14/2020 GE PROPERTY MANAGEMENT INC 2,011.42 0.00 2,011.42 AP 00412962 10/14/2020 GOOD NEWS BARBER SHOP 2,500.00 0.00 2,500.00 AP 00412963 10/14/2020 GRAND FARR INVESTMENT LLC 5,454.56 0.00 5,454.56 AP 00412964 10/14/2020 HAIRSTYLES BY CARMELA 2,500.00 0.00 2,500.00 AP 00412965 10/14/2020 IRONWOOD AT EMPIRE LAKES 3,600.00 0.00 3,600.00 AP 00412966 10/14/2020 JOHN LEE 3,600.00 0.00 3,600.00 AP 00412967 10/14/2020 KATHRYN CASEY 3,600.00 0.00 3,600.00 AP 00412968 10/14/2020 KENDREW DEVELOPMENT LLC 8,000.00 0.00 8,000.00 AP 00412969 10/14/2020 KOMAR RANCHO CENTER LLC 3,129.04 0.00 3,129.04 AP 00412970 10/14/2020 KWANG KIM 3,600.00 0.00 3,600.00 AP 00412971 10/14/2020 LAURA THOMPSON 3,600.00 0.00 3,600.00 AP 00412972 10/14/2020 LDC CENTRAL PARK PLAZA LLC 3,981.75 0.00 3,981.75 AP 00412973 10/14/2020 LDC TERRA VISTA VILLAGE LLC 4,129.89 0.00 4,129.89 AP 00412976 10/14/2020 LMC 8,400.00 0.00 8,400.00 AP 00412977 10/14/2020 LMC 4,800.00 0.00 4,800.00 AP 00412978 10/14/2020 LMC 7,200.00 0.00 7,200.00 AP 00412979 10/14/2020 LMC 3,600.00 0.00 3,600.00 AP 00412980 10/14/2020 LMC 10,800.00 0.00 10,800.00 AP 00412981 10/14/2020 LMC 3,600.00 0.00 3,600.00 AP 00412982 10/14/2020 LYFE COMPANY LLC 740.00 0.00 740.00 AP 00412983 10/14/2020 MGR PROPERTY MANAGEMENT 2,105.70 0.00 2,105.70 AP 00412984 10/14/2020 NAVEED KHAN 3,600.00 0.00 3,600.00 AP 00412985 10/14/2020 NEWLOOK EYEBROW THREADING INC 2,500.00 0.00 2,500.00 AP 00412986 10/14/2020 OZEL DEVELOPING 16,000.00 0.00 16,000.00 AP 00412987 10/14/2020 PHO VIET RESTAURANT 2,500.00 0.00 2,500.00 AP 00412988 10/14/2020 PROPERTY MANAGEMENT LEWIS MANAGEMENT CORP 15,706.59 0.00 15,706.59 AP 00412989 10/14/2020 QUALITY DEVELOPMENT CO INC 2,932.50 0.00 2,932.50 AP 00412990 10/14/2020 RANCHO DENTISTRY 2,500.00 0.00 2,500.00 AP 00412991 10/14/2020 RANCHO MALL LLC 16,000.00 0.00 16,000.00 AP 00412992 10/14/2020 RC HA LLC 1,628.00 0.00 1,628.00 AP 00412993 10/14/2020 RED PERSIMMON NAILS&SPA 2,500.00 0.00 2,500.00 AP 00412994 10/14/2020 RESERVE AT EMPIRE LAKES 6,845.00 0.00 6,845.00 AP 00412995 10/14/2020 SALON CAMEO 4,500.00 0.00 4,500.00 AP 00412996 10/14/2020 SCOTT LANGLOIS 3,345.00 0.00 3,345.00 AP 00412997 10/14/2020 SHOPS AT DAY CREEK VILLAGE LLC 3,077.68 0.00 3,077.68 User:VLOPEZ-VERONICA LOPEZ Page: 2 Current Date: 10/26/2020 Report:CK AGENDA REG PORTRAIT_CONSOLIDATED- CK:Agenda Check Register Portrait Layout Page Nue: 15:32:13 CITY OF RANCHO CUCAMONGA AND RANCHO CUCAMONGA FIRE PROTECTION DISTRICT Excluding So Calif Gas Company. Agenda Check Register 10/12/2020 through 10/25/2020 Check No. Check Date Vendor Name City Fire Amount AP 00412998 10/14/2020 SIERRA HEIGHTS 3,600.00 0.00 3,600.00 AP 00412999 10/14/2020 SNOW NAILS&SPA 4,500.00 0.00 4,500.00 AP 00413000 10/14/2020 SOLAMONTE 3,600.00 0.00 3,600.00 AP 00413001 10/14/2020 SYCAMORE SPRINGS APARTMENTS 7,326.00 0.00 7,326.00 AP 00413002 10/14/2020 TAMMY LIAO 3,600.00 0.00 3,600.00 AP 00413003 10/14/2020 TERRA VISTA-RANCHO CUCAMONGA 3,010.90 0.00 3,010.90 AP 00413004 10/14/2020 THE BEL AIRE 3,600.00 0.00 3,600.00 AP 00413006 10/14/2020 THOMAS WINERY PLAZA LLC 3,121.79 0.00 3,121.79 AP 00413007 10/14/2020 VERANO RANCHO CUCAMONGA TOWN SQUARE 12,000.00 0.00 12,000.00 AP 00413008 10/14/2020 YUEN CHANG 4,800.00 0.00 4,800.00 AP 00413009 10/14/2020 ABI DOCUMENT SUPPORT SERVICES 0.00 5.00 5.00 AP 00413010 10/14/2020 ABLE BUILDING MAINTENANCE 3,744.40 0.00 3,744.40 AP 00413011 10/14/2020 ABSG CONSULTING INC 5,730.00 0.00 5,730.00 AP 00413012 10/14/2020 AELAC GROUP INSURANCE 6,664.92 0.00 6,664.92 AP 00413013 10/14/2020 AELAC GROUP INSURANCE 4,443.28 0.00 4,443.28 AP 00413014 10/14/2020 ALL WELDING 330.00 0.00 330.00 AP 00413015 10/14/2020 ALLEN PIPELINE 1,000.00 0.00 1,000.00 AP 00413016 10/14/2020 ALPHAGRAPHICS 69.23 331.29 400.52 *** AP 00413017 10/14/2020 AMERICAN TRAINING RESOURCES INC 1,071.73 0.00 1,071.73 AP 00413018 10/14/2020 AMTECH ELEVATOR SERVICES 1,652.40 0.00 1,652.40 AP 00413019 10/14/2020 AQUABIO ENVIRONMENTAL TECHNOLOGIES INC 1,450.00 0.00 1,450.00 AP 00413020 10/14/2020 ASCENT ENVIRONMENTAL INC 8,025.00 0.00 8,025.00 AP 00413021 10/14/2020 BAKER&TAYLOR LLC 2,495.87 0.00 2,495.87 AP 00413022 10/14/2020 BARBARA'S ANSWERING SERVICE 552.00 0.00 552.00 AP 00413023 10/14/2020 BRIGHTVIEW LANDSCAPE SERVICES INC 22,278.36 0.00 22,278.36 AP 00413024 10/14/2020 C P CONSTRUCTION INC 843,753.90 0.00 843,753.90 AP 00413025 10/14/2020 C V W D 1,091.80 319.66 1,411.46 *** AP 00413030 10/14/2020 C V W D 107,298.78 608.49 107,907.27 *** AP 00413031 10/14/2020 CAGLE'S APPLIANCE CENTER 0.00 172.40 172.40 AP 00413032 10/14/2020 CALIFORNIA BUILDING STANDARDS COMMISSION 1,364.40 0.00 1,364.40 AP 00413033 10/14/2020 CALIFORNIA PATIO COVERS INC 512.48 0.00 512.48 AP 00413034 10/14/2020 CCS ORANGE COUNTY JANITORIAL INC 69,289.25 0.00 69,289.25 AP 00413035 10/14/2020 CINTAS CORPORATION #150 902.78 0.00 902.78 AP 00413036 10/14/2020 CITY CLERKS ASSOCIATION OF CALIF 35.00 0.00 35.00 AP 00413037 10/14/2020 CIVIC SOLUTIONS INC 8,587.50 0.00 8,587.50 AP 00413038 10/14/2020 CLEMENT COMMUNICATIONS INC 218.36 0.00 218.36 AP 00413039 10/14/2020 CONCEPT POWDER COATING 1,180.00 0.00 1,180.00 AP 00413040 10/14/2020 CONOR CONSULTING LLC 187.50 0.00 187.50 AP 00413041 10/14/2020 CONSOLIDATED ELECTRICAL DISTR INC 887.32 0.00 887.32 AP 00413042 10/14/2020 CORODATA MEDIA STORAGE INC 62.55 0.00 62.55 AP 00413043 10/14/2020 COVETRUS NORTH AMERICA 815.55 0.00 815.55 AP 00413044 10/14/2020 CRIME SCENE STERI-CLEAN LLC 540.00 0.00 540.00 AP 00413045 10/14/2020 D&K CONCRETE COMPANY 4,247.00 0.00 4,247.00 AP 00413046 10/14/2020 DELTA DENTAL INSURANCE COMPANY 1,143.24 0.00 1,143.24 AP 00413047 10/14/2020 DELTA DENTAL INSURANCE COMPANY 39,844.14 0.00 39,844.14 AP 00413048 10/14/2020 DENA,KEEGAN 0.00 324.00 324.00 AP 00413049 10/14/2020 DEPARTMENT OF CONSERVATION 5,781.07 0.00 5,781.07 User:VLOPEZ-VERONICA LOPEZ Page: 3 Current Date: 10/26/2020 Report:CK AGENDA REG PORTRAIT_CONSOLIDATED- CK:Agenda Check Register Portrait Layout Page Nne: 15:32:13 CITY OF RANCHO CUCAMONGA AND RANCHO CUCAMONGA FIRE PROTECTION DISTRICT Excluding So Calif Gas Company. Agenda Check Register 10/12/2020 through 10/25/2020 Check No. Check Date Vendor Name City Fire Amount AP 00413050 10/14/2020 DOBOS,JAMES L. 16.10 0.00 16.10 AP 00413051 10/14/2020 DOG WASTE DEPOT 675.34 0.00 675.34 AP 00413052 10/14/2020 EXPERIAN 52.00 0.00 52.00 AP 00413053 10/14/2020 EXPRESS BRAKE SUPPLY INC 308.95 0.00 308.95 AP 00413054 10/14/2020 FAIRVIEW FORD INC 1,493.46 0.00 1,493.46 AP 00413055 10/14/2020 FELICIANO,ANTHONY 77.00 0.00 77.00 AP 00413056 10/14/2020 FIRST CLASS INC 90.00 0.00 90.00 AP 00413057 10/14/2020 FIRSTCARBON SOLUTIONS 9,463.20 0.00 9,463.20 AP 00413058 10/14/2020 FORTIN LAW GROUP 2,055.90 0.00 2,055.90 AP 00413060 10/14/2020 FRONTIER COMM 2,371.91 711.55 3,083.46 *** AP 00413061 10/14/2020 GEORGE HILLS COMPANY 481.52 0.00 481.52 AP 00413062 10/14/2020 GOLDEN OAKS VET HOSPITAL 50.00 0.00 50.00 AP 00413063 10/14/2020 GOMEZ,LILIANA 75.00 0.00 75.00 AP 00413064 10/14/2020 GRAINGER 1,869.34 852.37 2,721.71 *** AP 00413065 10/14/2020 GRAPHICS FACTORY PRINTING INC 816.48 0.00 816.48 AP 00413066 10/14/2020 GRAYBAR ELECTRIC COMPANY INC 3,026.50 0.00 3,026.50 AP 00413067 10/14/2020 GRIFFIN,GREGORY 0.00 324.00 324.00 AP 00413068 10/14/2020 HAMILTON,MONIQUE 210.00 0.00 210.00 AP 00413069 10/14/2020 HARGIS,ILANY G 190.00 0.00 190.00 AP 00413070 10/14/2020 HEARTSAVERS LLC 700.00 0.00 700.00 AP 00413071 10/14/2020 HERITAGE EDUCATION GROUP 1,348.00 0.00 1,348.00 AP 00413072 10/14/2020 HI-WAY SAFETY INC 245.41 0.00 245.41 AP 00413073 10/14/2020 HIDDEN ROCK LARGE ANIMAL SVC 125.00 0.00 125.00 AP 00413074 10/14/2020 FIR GREEN PACIFIC INC 5,970.00 0.00 5,970.00 AP 00413075 10/14/2020 HUMANE SOCIETY OF SAN BERNARDINO VALLEY 177.00 0.00 177.00 AP 00413076 10/14/2020 IDEXX DISTRIBUTION INC 1,614.45 0.00 1,614.45 AP 00413077 10/14/2020 INLAND TOPSOIL MIXES 646.50 0.00 646.50 AP 00413078 10/14/2020 INTERSTATE BATTERIES 0.00 1,707.63 1,707.63 AP 00413079 10/14/2020 INYO NETWORKS 6,394.50 0.00 6,394.50 AP 00413080 10/14/2020 ITRON INC 6,786.40 0.00 6,786.40 AP 00413081 10/14/2020 J AND S STRIPING CO INC 5,152.49 0.00 5,152.49 AP 00413082 10/14/2020 JAMES ACCOUNTING SERVICE 2,500.00 0.00 2,500.00 AP 00413083 10/14/2020 JONES&ASSOCIATES,DIANNE 5,670.50 0.00 5,670.50 AP 00413084 10/14/2020 K-K WOODWORKING 53.82 0.00 53.82 AP 00413085 10/14/2020 KENNEDY EQUIPMENT INC 1,114.00 0.00 1,114.00 AP 00413086 10/14/2020 KIP AMERICA INC 1,806.96 0.00 1,806.96 AP 00413087 10/14/2020 KVAC ENVIRONMENTAL SERVICES INC 557.50 0.00 557.50 AP 00413088 10/14/2020 LA ROCQUE BETTER ROOFS INC 708.53 0.00 708.53 AP 00413089 10/14/2020 LANDSCAPE WEST MANAGEMENT SERVICES INC 65,970.28 0.00 65,970.28 AP 00413090 10/14/2020 LI,TERESA 54.64 0.00 54.64 AP 00413091 10/14/2020 LIANG,HAIFENG 122.00 0.00 122.00 AP 00413092 10/14/2020 LITTLE BEAR PRODUCTIONS 175.00 0.00 175.00 AP 00413094 10/14/2020 LOWES COMPANIES INC 8,559.80 838.65 9,398.45 *** AP 00413095 10/14/2020 MAGELLAN ADVISORS LLC 1,680.00 0.00 1,680.00 AP 00413096 10/14/2020 MAIN STREET SIGNS 393.07 0.00 393.07 AP 00413097 10/14/2020 MARIPOSA LANDSCAPES INC 20,757.21 0.00 20,757.21 AP 00413098 10/14/2020 MARK CHRISTOPHER INC 71.44 0.00 71.44 User:VLOPEZ-VERONICA LOPEZ Page: 4 Current Date: 10/26/2020 Report:CK AGENDA REG PORTRAIT_CONSOLIDATED- CK:Agenda Check Register Portrait Layout Page Vine: 15:32:13 CITY OF RANCHO CUCAMONGA AND RANCHO CUCAMONGA FIRE PROTECTION DISTRICT Excluding So Calif Gas Company. Agenda Check Register 10/12/2020 through 10/25/2020 Check No. Check Date Vendor Name City Fire Amount AP 00413099 10/14/2020 MCLAREN'S INSURANCE 0.00 500.00 500.00 AP 00413100 10/14/2020 MG PETROLEUM INC 677.00 0.00 677.00 AP 00413101 10/14/2020 MIDWEST TAPE 2,949.38 0.00 2,949.38 AP 00413102 10/14/2020 MIJAC ALARM COMPANY 21,815.62 0.00 21,815.62 AP 00413103 10/14/2020 MONTGOMERY HARDWARE CO 352.34 0.00 352.34 AP 00413104 10/14/2020 MOSKOWITZ,HEATHER 40.00 0.00 40.00 AP 00413105 10/14/2020 MOUNTAIN VIEW SMALL ENG REPAIR 36.59 0.00 36.59 AP 00413106 10/14/2020 NAPA AUTO PARTS 8.81 958.05 966.86 *** AP 00413107 10/14/2020 NBS 7,712.50 0.00 7,712.50 AP 00413108 10/14/2020 NEW URBAN REALTY ADVISORS INC 24,508.99 0.00 24,508.99 AP 00413109 10/14/2020 OCCUPATIONAL HEALTH CTRS OF CA 0.00 172.00 172.00 AP 00413110 10/14/2020 ONTARIO WINNELSON CO 30.08 0.00 30.08 AP 00413111 10/14/2020 ORKIN PEST CONTROL 2,092.80 0.00 2,092.80 AP 00413112 10/14/2020 PACIFIC UTILITY INSTALLATION INC 40,140.00 0.00 40,140.00 AP 00413113 10/14/2020 PARKHOUSE TIRE INC 589.12 0.00 589.12 AP 00413114 10/14/2020 PATTON,LORRIE 60.96 0.00 60.96 AP 00413115 10/14/2020 PEP BOYS 34.42 0.00 34.42 AP 00413116 10/14/2020 PINNACLE PETROLEUM INC 18,306.64 0.00 18,306.64 AP 00413117 10/14/2020 PLACEWORKS 3,877.28 0.00 3,877.28 AP 00413118 10/14/2020 PORTKA,ANDREW 95.00 0.00 95.00 AP 00413119 10/14/2020 POSTAL PERFECT 45.00 0.00 45.00 AP 00413120 10/14/2020 POWER&TELEPHONE SUPPLY COMPANY 549.59 0.00 549.59 AP 00413121 10/14/2020 RAND R AUTOMOTIVE 1,192.12 0.00 1,192.12 AP 00413122 10/14/2020 RANCHO SMOG CENTER 239.70 0.00 239.70 AP 00413123 10/14/2020 RANCHO WEST ANIMAL HOSPITAL 100.00 0.00 100.00 AP 00413124 10/14/2020 RDO EQUIPMENT COMPANY 114.31 0.00 114.31 AP 00413125 10/14/2020 ROOMS N'COVERS ETC 760.45 0.00 760.45 AP 00413126 10/14/2020 ROSEBURROUGH TOOLS INC 35.82 0.00 35.82 AP 00413127 10/14/2020 SAN BERNARDINO CO FIRE DEPT 62,064.78 0.00 62,064.78 AP 00413128 10/14/2020 SAN BERNARDINO COUNTY 15,008.88 0.00 15,008.88 AP 00413129 10/14/2020 SHERWIN WILLIAMS CO,THE 37.44 0.00 37.44 AP 00413130 10/14/2020 SHRED PROS 118.00 0.00 118.00 AP 00413131 10/14/2020 SIGN SHOP,THE 175.63 0.00 175.63 AP 00413132 10/14/2020 SMITH,ALAN 160.00 0.00 160.00 AP 00413136 10/14/2020 SOUTHERN CALIFORNIA EDISON 11,351.88 3,601.34 14,953.22 *** AP 00413137 10/14/2020 SOUTHERN CALIFORNIA EDISON 16,800.68 0.00 16,800.68 AP 00413138 10/14/2020 STILES ANIMAL REMOVAL INC 600.00 0.00 600.00 AP 00413139 10/14/2020 STRATEGIC ECONOMICS INC 6,215.76 0.00 6,215.76 AP 00413140 10/14/2020 SUCCESS EXPRESSED 1,800.00 0.00 1,800.00 AP 00413141 10/14/2020 T S R CONSTRUCTION&INSPECTION 2,755.90 0.00 2,755.90 AP 00413142 10/14/2020 THE COUNSELING TEAM INTERNATIONAL 0.00 1,275.00 1,275.00 AP 00413143 10/14/2020 TINT CITY WINDOW TINTING 520.00 0.00 520.00 AP 00413144 10/14/2020 TIREHUB LLC 370.39 0.00 370.39 AP 00413145 10/14/2020 TOON,KATHY 20.00 0.00 20.00 AP 00413146 10/14/2020 TORO TOWING 350.00 0.00 350.00 AP 00413147 10/14/2020 TRANSWEST TRUCK CENTER 51.06 0.00 51.06 AP 00413148 10/14/2020 U.S.BANK PARS ACCT#6746022500 1,118.05 0.00 1,118.05 User:VLOPEZ-VERONICA LOPEZ Page: 5 Current Date: 10/26/2020 Report:CK AGENDA REG PORTRAIT_CONSOLIDATED- CK:Agenda Check Register Portrait Layout Page Wme: 15:32:13 CITY OF RANCHO CUCAMONGA AND RANCHO CUCAMONGA FIRE PROTECTION DISTRICT Excluding So Calif Gas Company. Agenda Check Register 10/12/2020 through 10/25/2020 Check No. Check Date Vendor Name City Fire Amount AP 00413149 10/14/2020 U.S.BANK PARS ACCT#6746022500 14,958.46 0.00 14,958.46 AP 00413150 10/14/2020 U.S.BANK PARS ACCT#6745033700 6,605.00 0.00 6,605.00 AP 00413151 10/14/2020 UTILIQUEST 865.53 0.00 865.53 AP 00413152 10/14/2020 VELOCITY TRUCK CENTERS 205.24 0.00 205.24 AP 00413153 10/14/2020 VERIZON WIRELESS-LA 266.88 0.00 266.88 AP 00413158 10/14/2020 VERIZON WIRELESS-LA 5,269.53 0.00 5,269.53 AP 00413159 10/14/2020 VERIZON WIRELESS-LA 1,363.24 0.00 1,363.24 AP 00413160 10/14/2020 VERIZON WIRELESS-LA 85.67 0.00 85.67 AP 00413161 10/14/2020 VERIZON WIRELESS-LA 86.65 0.00 86.65 AP 00413162 10/14/2020 VERIZON WIRELESS-LA 5,160.54 0.00 5,160.54 AP 00413163 10/14/2020 VERONICA TAM AND ASSOCIATES 5,017.00 0.00 5,017.00 AP 00413164 10/14/2020 VICTOR MEDICAL COMPANY 1,812.05 0.00 1,812.05 AP 00413165 10/14/2020 VULCAN MATERIALS COMPANY 113.07 0.00 113.07 AP 00413166 10/14/2020 VULCAN MATERIALS COMPANY 42.50 0.00 42.50 AP 00413167 10/14/2020 WHITE HOUSE PHOTO INC 5,652.50 0.00 5,652.50 AP 00413168 10/14/2020 WINFUND MANAGEMENT 447.12 0.00 447.12 AP 00413169 10/14/2020 XEROX CORPORATION 281.09 0.00 281.09 AP 00413170 10/14/2020 XEROX FINANCIAL SERVICES 298.38 0.00 298.38 AP 00413171 10/14/2020 ZOETIS US LLC 205.82 0.00 205.82 AP 00413172 10/15/2020 ASSISTANCE LEAGUE OF THE FOOTHILL COMMUNITIES 2,500.00 0.00 2,500.00 AP 00413173 10/15/2020 CREEKSIDE ALTA LOMA-PINNACLE LIVING 3,600.00 0.00 3,600.00 AP 00413174 10/15/2020 LMC 13,200.00 0.00 13,200.00 AP 00413175 10/15/2020 RSMC SERVICES 2,500.00 0.00 2,500.00 AP 00413176 10/15/2020 THE GROVES ON FOOTHILL 8,400.00 0.00 8,400.00 AP 00413177 10/21/2020 4TH&MILL 3,752.43 0.00 3,752.43 AP 00413178 10/21/2020 A4 HOSPITALITY INC 2,500.00 0.00 2,500.00 AP 00413179 10/21/2020 ARTE 4,800.00 0.00 4,800.00 AP 00413180 10/21/2020 ARTE 2,832.48 0.00 2,832.48 AP 00413181 10/21/2020 ARTHUR FRIEDMAN OD 2,500.00 0.00 2,500.00 AP 00413182 10/21/2020 BIKRAM YOGA RANCHO CUCAMONGA 2,500.00 0.00 2,500.00 AP 00413183 10/21/2020 CA BUSINESS SYSTEMS ENTERPRISE INC 3,442.29 0.00 3,442.29 AP 00413184 10/21/2020 CCI HAVEN RC LLC 3,558.00 0.00 3,558.00 AP 00413185 10/21/2020 CERENZIA FOODS 2,500.00 0.00 2,500.00 AP 00413186 10/21/2020 CHI ZHANG 3,600.00 0.00 3,600.00 AP 00413187 10/21/2020 CITYCOM 10,391.35 0.00 10,391.35 AP 00413188 10/21/2020 CONTACT RC LLP 3,834.72 0.00 3,834.72 AP 00413189 10/21/2020 CREPES DE PARIS INC 2,500.00 0.00 2,500.00 AP 00413190 10/21/2020 DEATH&TAXES 2,500.00 0.00 2,500.00 AP 00413191 10/21/2020 DH CHARLES SMITH LLC 8,000.00 0.00 8,000.00 AP 00413192 10/21/2020 DWB DEVELOPMENT COMPANY 1,556.51 0.00 1,556.51 AP 00413193 10/21/2020 EAGLE CELL GROUP LLC 8,000.00 0.00 8,000.00 AP 00413194 10/21/2020 EIGHTH STREET RANCHO LLC 1,100.00 0.00 1,100.00 AP 00413195 10/21/2020 ENTREPRENEURIAL RESTAURANT CORPORATION 8,000.00 0.00 8,000.00 AP 00413196 10/21/2020 FIR TERRACE 3,600.00 0.00 3,600.00 AP 00413197 10/21/2020 FLAMINGO PALMS CUBAN CAFE&RESTAURANTS 2,500.00 0.00 2,500.00 AP 00413198 10/21/2020 FOOTHILL VILLAGE PLAZA LLC 1,051.17 0.00 1,051.17 AP 00413199 10/21/2020 FOOTHILL VINEYARD PLAZA LLC 1,524.00 0.00 1,524.00 User:VLOPEZ-VERONICA LOPEZ Page: 6 Current Date: 10/26/2020 Report:CK AGENDA REG PORTRAIT_CONSOLIDATED- CK:Agenda Check Register Portrait Layout Page Hue: 15:32:13 CITY OF RANCHO CUCAMONGA AND RANCHO CUCAMONGA FIRE PROTECTION DISTRICT Excluding So Calif Gas Company. Agenda Check Register 10/12/2020 through 10/25/2020 Check No. Check Date Vendor Name City Fire Amount AP 00413200 10/21/2020 FOOTHILLS PSYCHOLOGICAL 2,500.00 0.00 2,500.00 AP 00413201 10/21/2020 FRANK RAMOS 3,600.00 0.00 3,600.00 AP 00413202 10/21/2020 GE PROPERTY MANAGEMENT INC 2,630.47 0.00 2,630.47 AP 00413203 10/21/2020 HAVEN CITY MARKET LLC 3,649.50 0.00 3,649.50 AP 00413204 10/21/2020 HAVENGATE BUSINESS CENTER TWO 3,004.40 0.00 3,004.40 AP 00413205 10/21/2020 JBNK RANCHO LLC 2,500.00 0.00 2,500.00 AP 00413206 10/21/2020 JENNIFER CHEUNG TANG 3,600.00 0.00 3,600.00 AP 00413207 10/21/2020 JOSEPH ARDEN 3,600.00 0.00 3,600.00 AP 00413208 10/21/2020 KL RANCHO PROPERTY LLC 1,816.86 0.00 1,816.86 AP 00413209 10/21/2020 KLENSKE INSURANCE AGENCY 2,500.00 0.00 2,500.00 AP 00413210 10/21/2020 LDC CENTRAL PARK PLAZA LLC 14,896.85 0.00 14,896.85 AP 00413211 10/21/2020 LE MACARON RANCHO CUCAMONGA 2,500.00 0.00 2,500.00 AP 00413212 10/21/2020 LEGACY INVESTMENT SERVICES LLC 2,500.00 0.00 2,500.00 AP 00413213 10/21/2020 LMC 15,600.00 0.00 15,600.00 AP 00413214 10/21/2020 LMC 8,250.00 0.00 8,250.00 AP 00413215 10/21/2020 LMC 3,600.00 0.00 3,600.00 AP 00413216 10/21/2020 LMC 7,200.00 0.00 7,200.00 AP 00413217 10/21/2020 LYFE COMPANY LLC 2,813.97 0.00 2,813.97 AP 00413218 10/21/2020 MARIO J RICCIARDI DMD 2,500.00 0.00 2,500.00 AP 00413219 10/21/2020 MAS FITNESS LLC 2,500.00 0.00 2,500.00 AP 00413220 10/21/2020 MONTEREY VILLAGE APARTMENTS 1,824.00 0.00 1,824.00 AP 00413221 10/21/2020 PACIFIC/CONSTANZO LEWIS 2,888.71 0.00 2,888.71 AP 00413222 10/21/2020 PARIS CAFE 2,500.00 0.00 2,500.00 AP 00413223 10/21/2020 PERSONA DENTAL GROUP OF SHAW DDS INC 2,500.00 0.00 2,500.00 AP 00413224 10/21/2020 PRETTY COOL INC 2,500.00 0.00 2,500.00 AP 00413225 10/21/2020 RANCHO CUCAMONGA QUAKES 2,500.00 0.00 2,500.00 AP 00413226 10/21/2020 RANCHO MALL LLC 5,100.00 0.00 5,100.00 AP 00413227 10/21/2020 RANCHO MALL LLC 22,454.28 0.00 22,454.28 AP 00413228 10/21/2020 RANCHO TECH LLC 924.50 0.00 924.50 AP 00413229 10/21/2020 RANCHO VILLAS APARTMENTS 3,600.00 0.00 3,600.00 AP 00413230 10/21/2020 RC PLAZA 4,443.92 0.00 4,443.92 AP 00413231 10/21/2020 RDM MANAGEMENT INC 3,600.00 0.00 3,600.00 AP 00413232 10/21/2020 RHAPSODY EDUCATION 2,500.00 0.00 2,500.00 AP 00413233 10/21/2020 RMA LAND LLC 2,270.18 0.00 2,270.18 AP 00413234 10/21/2020 ROYAL NAILS&SPA 2,500.00 0.00 2,500.00 AP 00413235 10/21/2020 SCHEU MANAGEMENT CORPORATION 8,000.00 0.00 8,000.00 AP 00413236 10/21/2020 SIERRA HEIGHTS 3,600.00 0.00 3,600.00 AP 00413237 10/21/2020 SOLAMONTE 9,600.00 0.00 9,600.00 AP 00413238 10/21/2020 SOLORIO BREWING COMPANY LLC 3,578.63 0.00 3,578.63 AP 00413239 10/21/2020 SPECTA INC 2,500.00 0.00 2,500.00 AP 00413240 10/21/2020 STADIUM DENTAL AND ORTHODONTICS 2,500.00 0.00 2,500.00 AP 00413241 10/21/2020 TATIANA SILVA 2,500.00 0.00 2,500.00 AP 00413242 10/21/2020 THE BEL AIRE 3,600.00 0.00 3,600.00 AP 00413243 10/21/2020 THE CVRC COMPANY LLC 2,346.74 0.00 2,346.74 AP 00413244 10/21/2020 THE DELI 2,500.00 0.00 2,500.00 AP 00413245 10/21/2020 US HUNG WUI INVESTMENT INC 5,183.99 0.00 5,183.99 AP 00413246 10/21/2020 WEST END FAMILY COUNSELING SERVICE 2,500.00 0.00 2,500.00 User:VLOPEZ-VERONICA LOPEZ Page: 7 Current Date: 10/26/2020 Report:CK AGENDA REG PORTRAIT_CONSOLIDATED- CK:Agenda Check Register Portrait Layout Page hi ne: 15:32:13 CITY OF RANCHO CUCAMONGA AND RANCHO CUCAMONGA FIRE PROTECTION DISTRICT Excluding So Calif Gas Company. Agenda Check Register 10/12/2020 through 10/25/2020 Check No. Check Date Vendor Name City Fire Amount AP 00413247 10/21/2020 WLPX DAY CREEK LLC 3,731.00 0.00 3,731.00 AP 00413248 10/21/2020 YUEN SIANG HUNG 3,201.46 0.00 3,201.46 AP 00413249 10/21/2020 ZAIT CORP 2,500.00 0.00 2,500.00 AP 00413250 10/21/2020 ZENDEJAS MEXICAN GRILL 4,500.00 0.00 4,500.00 AP 00413251 10/21/2020 360 DEEP CLEANING LLC 0.00 5,102.50 5,102.50 AP 00413252 10/21/2020 ABLE BUILDING MAINTENANCE 304.75 0.00 304.75 AP 00413253 10/21/2020 ADVANCED CHEMICAL TRANSPORT INC 1,282.00 0.00 1,282.00 AP 00413254 10/21/2020 AELAC GROUP INSURANCE 24.58 0.00 24.58 AP 00413255 10/21/2020 AKBAY,DUYGU TUKEL 945.68 0.00 945.68 AP 00413256 10/21/2020 ALLSOP,OPHELIA 50.00 0.00 50.00 AP 00413257 10/21/2020 ALPHAGRAPHICS 92.32 0.00 92.32 AP 00413258 10/21/2020 ALTA VISTA MOBILE HOME PARK 397.59 0.00 397.59 AP 00413259 10/21/2020 ALTUM GROUP,THE 285.25 0.00 285.25 AP 00413260 10/21/2020 AMERICAN SOCIETY OF SAFETY PROFESSIONALS 255.00 0.00 255.00 AP 00413261 10/21/2020 AMERICAN TRAINING RESOURCES INC 1,071.73 0.00 1,071.73 AP 00413262 10/21/2020 ASSI SECURITY 525.00 135.00 660.00 *** AP 00413263 10/21/2020 AUTOLIFT SERVICES INC 5,281.32 0.00 5,281.32 AP 00413264 10/21/2020 BAKER&TAYLOR LLC 16.30 0.00 16.30 AP 00413265 10/21/2020 BERLITZ LANGUAGES INC 195.00 0.00 195.00 AP 00413266 10/21/2020 BESTWAY LAUNDRY SOLUTIONS 0.00 15,945.96 15,945.96 AP 00413267 10/21/2020 BOUND TREE MEDICAL LLC 0.00 335.96 335.96 AP 00413268 10/21/2020 BRIGHTVIEW LANDSCAPE SERVICES INC 16,797.50 0.00 16,797.50 AP 00413269 10/21/2020 BROWN,JESSICA 148.08 0.00 148.08 AP 00413270 10/21/2020 BUSINESS MANAGEMENT DAILY 147.00 0.00 147.00 AP 00413271 10/21/2020 C T&T CONCRETE PAVING INC 6,258.98 0.00 6,258.98 AP 00413275 10/21/2020 C V W D 41,260.35 802.94 42,063.29 *** AP 00413276 10/21/2020 CA LLC-ALTA LAGUNA MHP 500.00 0.00 500.00 AP 00413277 10/21/2020 CAL PERS LONG-TERM CARE PROGRAM 164.48 0.00 164.48 AP 00413278 10/21/2020 CAL-OSHA REPORTER 427.00 0.00 427.00 AP 00413279 10/21/2020 CALIF DEPT OF TAX&FEE ADMINISTRATION 735.43 443.77 1,179.20 *** AP 00413280 10/21/2020 CALIFORNIA DEPT OF TAX&FEE ADMINISTRATION 6,227.49 0.00 6,227.49 AP 00413281 10/21/2020 CALIFORNIA,STATE OF 314.11 0.00 314.11 AP 00413282 10/21/2020 CALIFORNIA,STATE OF 127.52 0.00 127.52 AP 00413283 10/21/2020 CALIFORNIA,STATE OF 32.26 0.00 32.26 AP 00413284 10/21/2020 CALIFORNIA,STATE OF 342.73 0.00 342.73 AP 00413285 10/21/2020 CASA VOLANTE MOBILE HOME PARK 700.00 0.00 700.00 AP 00413286 10/21/2020 CHAPARRAL HEIGHTS MOBILE HOME PARK 474.35 0.00 474.35 AP 00413287 10/21/2020 CINTAS CORPORATION #150 872.70 862.62 1,735.32 *** AP 00413288 10/21/2020 CLIMATEC LLC 7,778.00 0.00 7,778.00 AP 00413289 10/21/2020 CODING MINDS INC 336.00 0.00 336.00 AP 00413290 10/21/2020 COMBINED MARTIAL SCIENCE INC 42.00 0.00 42.00 AP 00413291 10/21/2020 COMPTIA INC 3,500.00 0.00 3,500.00 AP 00413292 10/21/2020 CONCEPT POWDER COATING 90.00 0.00 90.00 AP 00413293 10/21/2020 CONSOLIDATED ELECTRICAL DISTR INC 3,911.33 0.00 3,911.33 AP 00413294 10/21/2020 CONSUMERS PIPE&SUPPLY CO 0.00 105.87 105.87 AP 00413295 10/21/2020 DANIELS TIRE SERVICE 0.00 2,221.26 2,221.26 AP 00413296 10/21/2020 DANIELS,ROBIN 94.60 0.00 94.60 User:VLOPEZ-VERONICA LOPEZ Page: 8 Current Date: 10/26/2020 Report:CK AGENDA REG PORTRAIT_CONSOLIDATED- CK:Agenda Check Register Portrait Layout Page fine: 15:32:13 CITY OF RANCHO CUCAMONGA AND RANCHO CUCAMONGA FIRE PROTECTION DISTRICT Excluding So Calif Gas Company. Agenda Check Register 10/12/2020 through 10/25/2020 Check No. Check Date Vendor Name City Fire Amount AP 00413297 10/21/2020 DEPARTMENT OF JUSTICE 226.00 0.00 226.00 AP 00413298 10/21/2020 DEPENDABLE COMPANY INC 12.75 0.00 12.75 AP 00413299 10/21/2020 DIG SAFE BOARD 203.38 0.00 203.38 AP 00413300 10/21/2020 DIRECTV 69.99 0.00 69.99 AP 00413301 10/21/2020 DIRECTV 179.24 0.00 179.24 AP 00413302 10/21/2020 DIVISION OF THE STATE ARCHITECT 1,266.00 0.00 1,266.00 AP 00413303 10/21/2020 EDDY,MATTHEW W 0.00 295.00 295.00 AP 00413304 10/21/2020 EXPRESS BRAKE SUPPLY INC 179.66 0.00 179.66 AP 00413305 10/21/2020 FABRE,PHUONG 63.00 0.00 63.00 AP 00413306 10/21/2020 FEDERAL EXPRESS CORP 91.42 0.00 91.42 AP 00413307 10/21/2020 FEDERAL SIGNAL CORPORATION 4,984.52 -497.81 4,486.71 *** AP 00413308 10/21/2020 FERGUSON ENTERPRISES LLC#1350 84.30 0.00 84.30 AP 00413309 10/21/2020 FIRSTCARBON SOLUTIONS 6,513.70 0.00 6,513.70 AP 00413310 10/21/2020 FRONTIER COMM 1,073.49 653.50 1,726.99 *** AP 00413311 10/21/2020 FRONTIER COMM 3,373.38 0.00 3,373.38 AP 00413312 10/21/2020 FUEL SERV 1,420.00 0.00 1,420.00 AP 00413313 10/21/2020 GENTRY BROTHERS INC 625,438.93 0.00 625,438.93 AP 00413314 10/21/2020 GOLDEN STATE RISK MANAGEMENT AUTHORITY 87,383.00 1,114.00 88,497.00 *** AP 00413315 10/21/2020 GRAINGER 375.17 0.00 375.17 AP 00413316 10/21/2020 GRAYBAR ELECTRIC COMPANY INC 2,850.79 0.00 2,850.79 AP 00413317 10/21/2020 GROVE LUMBER 1,902.48 0.00 1,902.48 AP 00413318 10/21/2020 GROVES ON FOOTHILL,THE 200.00 0.00 200.00 AP 00413319 10/21/2020 HAULAWAY STORAGE CONTAINERS INC 119.84 0.00 119.84 AP 00413320 10/21/2020 HENRY SCHEIN INC 0.00 269.38 269.38 AP 00413321 10/21/2020 HI-LINE ELECTRIC COMPANY 723.61 0.00 723.61 AP 00413322 10/21/2020 HI-WAY SAFETY INC 493.28 0.00 493.28 AP 00413323 10/21/2020 HLP INC 157.50 0.00 157.50 AP 00413324 10/21/2020 HMC ARCHITECTS 2,940.00 11,095.53 14,035.53 *** AP 00413325 10/21/2020 HOLLOWAY,JACK 0.00 295.00 295.00 AP 00413326 10/21/2020 HOME DEPOT CREDIT SERVICES 340.72 0.00 340.72 AP 00413327 10/21/2020 HOMETOWN AMERICA RAMONA VILLA 1,000.00 0.00 1,000.00 AP 00413328 10/21/2020 HOYT LUMBER CO,S M 0.00 121.33 121.33 AP 00413329 10/21/2020 INDUSTRIAL HARDWARE&SERVICE CO 155.16 0.00 155.16 AP 00413330 10/21/2020 INLAND VALLEY DANCE ACADEMY 269.50 0.00 269.50 AP 00413331 10/21/2020 INTELESYS 140.00 0.00 140.00 AP 00413332 10/21/2020 JERICHO SYSTEMS INC 47,700.00 0.00 47,700.00 AP 00413333 10/21/2020 JIBRI,TIARAH 504.00 0.00 504.00 AP 00413334 10/21/2020 LANDORF,RICHARD 0.00 295.00 295.00 AP 00413335 10/21/2020 LANDSCAPE WEST MANAGEMENT SERVICES INC 11,176.01 0.00 11,176.01 AP 00413336 10/21/2020 LEXIPOL LLC 0.00 6,928.00 6,928.00 AP 00413337 10/21/2020 LICHTMAN,OFER 0.00 324.00 324.00 AP 00413338 10/21/2020 LMC 3,600.00 0.00 3,600.00 AP 00413339 10/21/2020 MABINI,EDWARD 155.00 0.00 155.00 AP 00413340 10/21/2020 MARIPOSA LANDSCAPES INC 332.88 0.00 332.88 AP 00413341 10/21/2020 MARLINK SA INC 0.00 163.48 163.48 AP 00413342 10/21/2020 MCMASTER-CARR SUPPLY COMPANY 427.56 0.00 427.56 AP 00413343 10/21/2020 MIDWEST TAPE 482.00 0.00 482.00 User:VLOPEZ-VERONICA LOPEZ Page: 9 Current Date: 10/26/2020 Report:CK AGENDA REG PORTRAIT_CONSOLIDATED- CK:Agenda Check Register Portrait Layout Page INne: 15:32:13 CITY OF RANCHO CUCAMONGA AND RANCHO CUCAMONGA FIRE PROTECTION DISTRICT Excluding So Calif Gas Company. Agenda Check Register 10/12/2020 through 10/25/2020 Check No. Check Date Vendor Name City Fire Amount AP 00413344 10/21/2020 MUTUAL PROPANE 0.00 20.00 20.00 AP 00413345 10/21/2020 NAPA AUTO PARTS 0.00 827.37 827.37 AP 00413346 10/21/2020 NEW LEAF BRIDAL SHOP 2,500.00 0.00 2,500.00 AP 00413347 10/21/2020 OCCUPATIONAL HEALTH CTRS OF CA 3,708.50 24.50 3,733.00 *** AP 00413348 10/21/2020 ORANGE LINE OIL COMPANY 2,151.26 0.00 2,151.26 AP 00413349 10/21/2020 ORKIN PEST CONTROL 87.02 370.08 457.10 *** AP 00413350 10/21/2020 PACIFIC PRODUCTIONS 1,375.00 0.00 1,375.00 AP 00413351 10/21/2020 PINNACLE PETROLEUM INC 4,975.02 0.00 4,975.02 AP 00413352 10/21/2020 PRE-PAID LEGAL SERVICES INC 60.17 0.00 60.17 AP 00413353 10/21/2020 RAMIREZ,MARGARITA 1,032.00 0.00 1,032.00 AP 00413354 10/21/2020 RANCHO SMOG CENTER 279.65 0.00 279.65 AP 00413355 10/21/2020 RDO EQUIPMENT COMPANY 214.14 0.00 214.14 AP 00413356 10/21/2020 RUBEN'S AUTO COLLISION CENTER 885.00 0.00 885.00 AP 00413357 10/21/2020 SAFE-ENTRY TECHNICAL INC 0.00 1,050.00 1,050.00 AP 00413358 10/21/2020 SBPEA 2,465.80 0.00 2,465.80 AP 00413359 10/21/2020 SCL 0.00 1,281.04 1,281.04 AP 00413360 10/21/2020 SHEAKLEY PENSION ADMINISTRATION 457.65 182.45 640.10 *** AP 00413361 10/21/2020 SHERIFFS COURT SERVICES 100.00 0.00 100.00 AP 00413362 10/21/2020 SHERWIN WILLIAMS CO,THE 122.57 0.00 122.57 AP 00413363 10/21/2020 SIGN SHOP,THE 275.84 0.00 275.84 AP 00413364 10/21/2020 SO CALIF GAS COMPANY 112.36 334.03 446.39 *** AP 00413365 10/21/2020 SOUTH COAST AQMD 136.40 1,091.08 1,227.48 *** AP 00413369 10/21/2020 SOUTHERN CALIFORNIA EDISON 12,323.76 1,745.01 14,068.77 *** AP 00413370 10/21/2020 SOUTHERN CALIFORNIA EDISON 44,900.17 0.00 44,900.17 AP 00413371 10/21/2020 SOUTHERN CALIFORNIA EDISON 28,425.04 0.00 28,425.04 AP 00413372 10/21/2020 SUCCESS EXPRESSED 1,000.00 0.00 1,000.00 AP 00413373 10/21/2020 SULLIVAN,ANGELA 200.00 0.00 200.00 AP 00413374 10/21/2020 TECH RESCUE TRAINERS INC 0.00 3,000.00 3,000.00 AP 00413375 10/21/2020 TELEFLEX LLC 0.00 1,308.50 1,308.50 AP 00413376 10/21/2020 TIREHUB LLC 126.36 0.00 126.36 AP 00413377 10/21/2020 TOMCO LLC 1,557.81 0.00 1,557.81 AP 00413378 10/21/2020 UNDERGROUND SVC ALERT OF SO CAL 246.05 0.00 246.05 AP 00413379 10/21/2020 UNITED WAY 50.00 0.00 50.00 AP 00413380 10/21/2020 UNIVERSAL FLEET SUPPLY 0.00 44.91 44.91 AP 00413381 10/21/2020 UPS 14.54 0.00 14.54 AP 00413382 10/21/2020 VELOCITY TRUCK CENTERS 836.11 81.88 917.99 *** AP 00413383 10/21/2020 VERIZON 33.66 0.00 33.66 AP 00413384 10/21/2020 VIGILANT SOLUTIONS LLC 229,794.71 0.00 229,794.71 AP 00413385 10/21/2020 VISION COMMUNICATIONS CO 1,325.37 0.00 1,325.37 AP 00413386 10/21/2020 VOHNE LICHE KENNELS INC 125.00 0.00 125.00 AP 00413387 10/21/2020 VULCAN MATERIALS COMPANY 75.52 0.00 75.52 AP 00413388 10/21/2020 WAXIE SANITARY SUPPLY 1,803.71 5,837.64 7,641.35 *** AP 00413389 10/21/2020 WESTERN TELEMATIC INC 4,520.99 4,521.04 9,042.03 *** AP 00413390 10/21/2020 WESTRUX INTERNATIONAL INC 1,080.64 0.00 1,080.64 AP 00413391 10/21/2020 WILSON&BELL AUTO SERVICE 1,479.02 0.00 1,479.02 User:VLOPEZ-VERONICA LOPEZ Page: 10 Current Date: 10/26/2020 Report:CK AGENDA REG PORTRAIT_CONSOLIDATED- CK:Agenda Check Register Portrait Layout Page Wme: 15:32:13 CITY OF RANCHO CUCAMONGA AND RANCHO CUCAMONGA FIRE PROTECTION DISTRICT Excluding So Calif Gas Company. Agenda Check Register 10/12/2020 through 10/25/2020 Check No. Check Date Vendor Name City Fire Amount Total City: $4,324,059.28 Total Fire: $208,578.49 Grand Total: . Note: *** Check Number includes both City and Fire District expenditures User:VLOPEZ-VERONICA LOPEZ Page: 11 Current Date: 10/26/2020 Report:CK AGENDA REG PORTRAIT_CONSOLIDATED- CK:Agenda Check Register Portrait Layout Page fine: 15:32:13 DATE: November 4, 2020 TO: President and Members of the Board of Directors FROM: John R. Gillison, City Manager INITIATED BY: Veronica Lopez, Accounts Payable Supervisor SUBJECT: Consideration to Approve Weekly Check Registers for Checks Issued to Southern California Gas Company in the Amount of $334.03 Dated October 12, 2020 Through October 25, 2020. 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: Attachment 1- Weekly Check Registers for Checks Issued to Southern California Gas Company Page 29 CITY OF RANCHO CUCAMONGA AND RANCHO CUCAMONGA FIRE PROTECTION DISTRICT So Calif Gas Company Only. Agenda Check Register 10/12/2020 through 10/25/2020 Check No. Check Date Vendor Name City Fire Amount AP 00413364 10/21/2020 SO CALIF GAS COMPANY 112.36 334.03 446.39 *** Total City: $112.36 Total Fire: $334.03 Grand Total: $44T.79 Note: *** Check Number includes both City and Fire District expenditures User:VLOPEZ-VERONICA LOPEZ Page: 1 Current Date: 10/26/2020 Report:CK AGENDA REG PORTRAIT_CONSOLIDATED- CK:Agenda Check Register Portrait Layout Page Nne: 08:35:15 DATE: November 4, 2020 TO: President and Members of the Board of Directors FROM: John R. Gillison, City Manager INITIATED BY: Ivan Rojer, Fire Chief Jason C. Welday, Director of Engineering Services/City Engineer Gianfranco Laurie, Senior Civil Engineer Ruth Cain, Procurement Manager SUBJECT: Consideration of a Professional Services Agreement with Owen Group, Limited Partnership, in the Amount of $346,200, Plus a 10% Contingency for the Americans with Disabilities Act(ADA)Self-Evaluation and Transition Plan (Priority Phases 1 Through 3). RECOMMENDATION: Staff recommends that the Fire Protection District award a Professional Services Agreement with Owen Group, Limited Partnership, in the amount of $346,200, plus a 10% contingency for the Americans with Disabilities Act (ADA) Self-Evaluation and Transition Plan (Priority Phases 1 through 3). BACKGROUND: In 1997 and 1998, the City of Rancho Cucamonga (City) and the Rancho Cucamonga Fire Protection District (RCFPD) completed an initial ADA Self-Evaluation and Transition Plan to comply with the Americans with Disabilities Act of 1990. The ADA Self-Evaluation and Transition Plan contained a detail compliance study analyzing existing facilities, parks, and programs sponsored by the City and RCFPD respectively. Approximately 13 City and RCFPD facilities, 19 City parks, and several combined programs some of which as identified in the ADA Self-Evaluation and Transition Plan had areas of noncompliance. Site diagrams within the transition plan illustrated barriers, actions, projected/actual costs, schedules and potential funding sources necessary to bring detected areas into compliance to meet ADA regulations. Since the initial study, changes have been made to the ADA Title II Regulations as well as ADA Standards for Accessible Design. Additionally, the City and RCFPD have acquired and disposed of facilities; performed capital improvement projects; modified organization structures; implemented different programs, services, and activities in which the requirements for public accessibility may differ today from when last evaluated in the initial ADA Self-Evaluation and Transition Plan. For that reason, the City and RCFPD decided to undergo an ADA Self-Evaluation and Transition Plan update to ensure that a plan is in place for updating buildings, infrastructure improvements, programs, services, and activities to meet current ADA and accessibility requirements. ANALYSIS: For the City and RCFPD to continue its ongoing efforts to comply with various accessibility requirements, an update to the initial ADA Self-Evaluation and Transition Plan is required. Based on the many facilities, parks, and programs, including right-of-way, separating the ADA Self-Evaluation and Transition Plan Page 31 update into three (3) priority phases is the best approach. Priority phases will be as follows. • Phase I: City and RCFPD Facilities and Fire Stations • Phase II: City Right-of-Way • Phase III: City Parks It has been determined by the City and RCFPD that a qualified consultant firm be retained to complete a comprehensive ADA Self-Evaluation and Transition Plan update. The consultant firm will need to be professional, experienced, and knowledgeable in Federal and State accessibility standard and codes. Ultimately, the consultant firm will be responsible for evaluating and creating a new ADA Self-Evaluation and Transition Plan for the following amenities: • 14 City and RCFPD Buildings • 22,598,400 square feet of Sidewalk • 8 Fire Stations • 19 miles of Multi-Use Trails • 1 Parking Structure • 81 miles of Bicycle Facilities • 30 Parks • 207 Signalized Intersections/Pedestrian Crossings In mid-July 2020, a Request for Proposals (RFP) #20/21-005 for Americans with Disabilities Act (ADA) Self-Evaluation and Transition Plan was posted and deadline to submit proposals was August 24, 2020. RFP#20/21-005 solicitation was disbursed to one thousand four hundred seventy-five (1,475) vendors wherein sixty (60) prospective proposers were identified and seven (7) proposal responses were received for the ADA Self-Evaluation and Transition Plan. An evaluation committee was formed, and the proposal responses were evaluated and rated in accordance with the criteria specified in the RFP. Interviews between the top three (3) consulting firms were scheduled and conducted via Zoom on October 14 and 15, 2020. The proposal and interview provided by Owen Group, Limited Partnership, was the highest rated of all the proposals, providing a clear understanding of the City and RCFPD scope of services needed to update the ADA Self-Evaluation and Transition Plan. Owen Group, Limited Partnership, will include project management, public outreach and meetings, self-evaluation and transition plan reports, inventory database and mapping, and training as identified in the request for proposals and as outlined in their response. A Best and Final Offer (BAFO) was submitted by Owen Group, Limited Partnership, with a fee in the amount of$346,200 for all three (3) priority phases; Phase I: City and RCFPD Facilities and Fire Station, Phase II: City Right-of-Way, and Phase III: City Parks. The preliminary schedule for the ADA Self- Evaluation and Transition Plan update estimates a project timeline of two years beginning November 2020 and ending November 2022. On this basis, staff has determined that Owen Group, Limited Partnership, is able to meet the needs of the City and RCFPD based on their qualification, experience, scope and fee schedule. FISCAL IMPACT: A budget of$300,000 from the City and $100,000 from RCFPD totaling $400,000 has been included in the Fiscal Year 2020/21 Budget for first priority phase of the project. The initial estimated cost for the three priority phases was $675,000. Given the above-listed BAFO of$346,200, sufficient funding is currently available to fund all three priority phases from the Capital Reserves Fund (Fund 025) budgeted by the City and Fire Protection Capital Fund (Fund 288) budgeted by the RCFPD. Funding is identified under the contract services line item accounts as listed below: Page 2 Page 32 Account No. Funding Source Description Amount 1025001-5300 Capital Reserves (025) ADA Transition Plan $300,000 3288501-5300 Fire Protection Capital (288) ADA Transition Plan $100,000 Total Project Budget $400,000 COUNCIL GOAL(S) ADDRESSED: This item addresses the City Council's vision for the City to build upon our success as a world class community, to create an equitable, sustainable, and vibrant city, rich in opportunity for all to thrive by ensuring that facilities, right-of-way, parks and programs follow current ADA Title II and Accessibility requirements. ATTACHMENTS: Attachment 1 — Professional Services Agreement Page 3 Page 33 AGREEMENT FOR DESIGN PROFESSIONAL SERVICES THIS AGREEMENT is made and entered into this day of November, 2020, by and between the City of Rancho Cucamonga, a municipal corporation ("City") the Rancho Cucamonga Fire Protection District ("RCFPD") and Owen Group, a Limited Partnership ("Consultant"). RECITALS A. City and RCFPD has heretofore issued its request for proposals to perform the following design professional services: Americans with Disabilities Act (ADA) Self- Evaluation and Transition Plan ("the Project"). B. Consultant has submitted a proposal to perform the professional services described in Recital "A", above, necessary to complete the Project. C. City and RCFPD desire to engage Consultant to complete the Project in the manner set forth and more fully described herein. D. Consultant 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. Consultant's Services. 1.1 Scope and Level of Services. Subject to the terms and conditions set forth in this Agreement, City and RCFPD hereby engages Consultant to perform all technical and design professional services described in Recitals "A" and "B" above, including, but not limited to project management, public outreach, and meetings, self- evaluation and transition plan reports, inventory database and mapping, and training, all as more fully set forth in the Consultant's proposal, dated August 24, 2020 and entitled "Scope of Work", attached hereto as Exhibit "A", and incorporated by reference herein. The nature, scope, and level of the services required to be performed by Consultant 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 and RCFPD, the Consultant will promptly meet with City and RCFPD staff to discuss any revisions to the Project desired by the City and RCFPD. Consultant agrees that the Scope of Work may be amended based upon said meetings, and, by amendment to this Vendor Initials PSA with professional liability insurance(Design) Page I Last Revised:10102113 Page 34 Agreement, the parties may agree on a revision or revisions to Consultant's compensation based thereon. A revision pursuant to this Section that does not increase the total cost payable to Consultant by more than ten percent(10%) of the total compensation specified in Section 3, may be approved in writing by City's City Manager without amendment. 1.3 Time for Performance. Consultant 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"B". 1.4 Standard of Care. As a material inducement to City and RCFPD to enter into this Agreement, Consultant hereby represents that it has the experience necessary to undertake the services to be provided. In light of such status and experience, Consultant hereby covenants that it shall follow the customary professional standards in performing the Services. 1.5 Familiarity with Services. By executing this Agreement, Consultant represents that, to the extent required by the standard of practice, Consultant (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. Consultant represents that Consultant, 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 Consultant discover any latent or unknown conditions, which will materially affect the performance of services, Consultant shall immediately inform City and RCFPD of such fact and shall not proceed except at Consultant's risk until written instructions are received from the City and RCFPD Representative. 2. Term of Agreement. The term of this Agreement shall be two (2) 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. Parties to this Agreement shall have the option to renew in one year(s) increments to a total of three 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 and RCFPD. 3. Compensation. 3.1 Compensation. City and RCFPD shall compensate Consultant as set forth in Exhibit A, provided, however, that full, total and complete amount payable to Consultant shall not exceed $346,200 (Three Hundred Forty Six Thousand Two Hundred Dollars and Zero Cents), including all out of pocket expenses, unless additional Vendor Initials PSA with professional liability insurance(Design) Page 2 Last Revised:10102113 Page 35 compensation is approved by the City Manager or City Council. City and RCFPD shall not withhold any federal, state or other taxes, or other deductions. However, City and RCFPD 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 Consultant 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 and RCFPD 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 and RCFPD 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 and RCFPD shall review such invoices and notify Consultant in writing within ten (10)business days of any disputed amounts. 4.3 City and RCFPD 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 and RCFPD. 5. Representatives. 5.1 City and RCFPD Representative. For the purposes of this Agreement, the contract administrator and City and RCFPD's representative shall be Gianfranco Laurie, Senior Civil Engineer, or such other person as designated in writing by the City and RCFPD ("City and RCFPD Representative"). It shall be Consultant's responsibility to assure that the City and RCFPD 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 and RCFPD to the City and RCFPD Representative. Unless otherwise specified herein, any approval of City and RCFPD required hereunder shall mean the approval of the City and RCFPD Representative. 5.2 Consultant Representative. For the purposes of this Agreement, Richard Henrikson, President 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 and RCFPD to enter Vendor Initials PSA with professional liability insurance(Design) Page 3 Last Revised:10102113 Page 36 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 and RCFPD. 6. Consultant's Personnel. 6.1 All Services shall be performed by Consultant or under Consultant'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 Consultant 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 Consultant 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, Consultant 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 Consultant shall indemnify, defend and hold harmless City and RCFPD and its elected officials, officers and employees, servants, designated volunteers, and agents serving as independent contractors in the role of City and RCFPD officials, from any and all liability, damages, claims, costs and expenses of any nature to the extent arising from Consultant's violations of personnel practices and/or any violation of the California Labor Code. City and RCFPD shall have the right to offset against the amount of any fees due to Consultant under this Agreement any amount due to City and RCFPD from Consultant as a result of Consultant's failure to promptly pay to City and RCFPD 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 Consultant 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 and RCFPD. Upon payment being made, and provided Consultant is not in breach of this Agreement, all Work Product shall be and remain the property of City and RCFPD without restriction or limitation upon its use or dissemination by City and RCFPD. Basic survey notes, sketches, charts, computations and similar data prepared or obtained by Consultant under this Agreement shall, upon request, be made available to City and RCFPD. None of the Work Product shall be the subject of any Vendor Initials PSA with professional liability insurance(Design) Page 4 Last Revised:10102113 Page 37 common law or statutory copyright or copyright application by Consultant. In the event of the return of any of the Work Product to Consultant or its representative, Consultant shall be responsible for its safe return to City and RCFPD. Under no circumstances shall Consultant fail to deliver any draft or final designs, plans, drawings, reports or specifications to City and RCFPD upon written demand by City and RCFPD for their delivery, notwithstanding any disputes between Consultant and City and RCFPD concerning payment, performance of the contract, or otherwise. This covenant shall survive the termination of this Agreement. City and RCFPD's reuse of the Work Product for any purpose other than the Project, shall be at City and RCFPD's sole risk. 7.2. Assignment of Intellectual Property Interests: Upon execution of this Agreement and to the extent not otherwise conveyed to City and RCFPD by Section 7.1, above, the Consultant shall be deemed to grant and assign to City and RCFPD, and shall require all of its subcontractors to assign to City and RCFPD, 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 Consultant shall disclaim and retain no rights whatsoever as to any of the Work Product, to the maximum extent permitted by law. City and RCFPD 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. Consultant 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 and RCFPD has full legal title to and the right to reproduce any of the Work Product. Consultant shall defend, indemnify and hold City and RCFPD, and its elected officials, officers, employees, servants, attorneys, designated volunteers, and agents serving as independent contractors in the role of City and RCFPD officials, harmless from any loss, claim or liability in any way related to a claim that City and RCFPD'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. Consultant 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 and RCFPD's use of any of the Work Product is held to constitute an infringement and any use thereof is enjoined, Consultant, at its expense, shall: (a) secure for City and RCFPD the right to continue using the Work Product by suspension of any injunction or by procuring a license or licenses for City and RCFPD; 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. Consultant is, and shall at all times remain as to City and RCFPD, a wholly independent contractor. Consultant shall have no power to incur any debt, obligation, or liability on behalf of City and RCFPD or Vendor Initials PSA with professional liability insurance(Design) Page 5 Last Revised:10102113 Page 38 otherwise act as an agent of City and RCFPD. Neither City and RCFPD nor any of its agents shall have control over the conduct of Consultant or any of Consultant's employees, except as set forth in this Agreement. Consultant shall not, at any time, or in any manner, represent that it or any of its officers, agents or employees are in any manner employees of City and RCFPD. Consultant shall pay all required taxes on amounts paid to Consultant under this Agreement, and to defend, indemnify and hold City and RCFPD harmless from any and all taxes, assessments, penalties, and interest asserted against City and RCFPD by reason of the independent contractor relationship created by this Agreement. Consultant shall fully comply with the workers' compensation law regarding Consultant and Consultant's employees. 9. Confidentiality. Consultant may have access to financial, accounting, statistical, and personnel data of individuals and City and RCFPD employees. Consultant covenants that all data, documents, discussion, or other information developed or received by Consultant or provided for performance of this Agreement are confidential and shall not be disclosed by Consultant without prior written authorization by City and RCFPD. City and RCFPD shall grant such authorization if applicable law requires disclosure. All City and RCFPD data shall be returned to City and RCFPD upon the termination of this Agreement. Consultant'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 Consultant 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 Consultant to defend itself from any legal action or claim. 10. Conflict of Interest. 10.1 Consultant 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. Consultant further covenants that, in performance of this Agreement, no person having any such interest shall be employed by it. Furthermore, Consultant shall avoid the appearance of having any interest, which would conflict in any manner with the performance of the Services. Consultant shall not accept any employment or representation during the term of this Agreement which is or may likely make Consultant "financially interested" (as provided in California Government Code §§1090 and 87100) in any decision made by City and RCFPD on any matter in connection with which Consultant has been retained. 10.2 Consultant further represents that it has not employed or retained any person or entity, other than a bona fide employee working exclusively for Consultant, to solicit or obtain this Agreement. Consultant has not paid or agreed to pay any person or entity, other than a bona fide employee working exclusively for Consultant, 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 and RCFPD 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 Consultant hereunder the full amount or value of any such fee, commission,percentage or gift. Vendor Initials PSA with professional liability insurance(Design) Page 6 Last Revised:10102113 Page 39 10.3 Consultant has no knowledge that any officer or employee of City and RCFPD has any interest, whether contractual, noncontractual, financial, proprietary, or otherwise, in this transaction or in the business of Consultant, and that if any such interest comes to the knowledge of Consultant at any time during the term of this Agreement, Consultant shall immediately make a complete, written disclosure of such interest to City and RCFPD, 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 Design Professional Services. In the connection with its design professional services, the Consultant shall indemnify and hold the City and RCFPD, and its elected officials, officers, employees, servants, volunteers, and agents serving as independent contractors in the role of City and RCFPD 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 liability for death or injury to any person and injury to any property, to which arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Consultant or any of its officers, employees, subcontractors, consultants, or agents in the performance of its design professional services under this Agreement. 11.2 Other Indemnities. In connection with all Claims not covered by Section 11.1, and to the maximum extent permitted by law, the Consultant shall hold defend, indemnify, and hold the Indemnitees free and harmless with respect to any and all 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 Consultant or any of its officers, employees, subcontractors, subconsultants, or agents in the performance of this Agreement. Consultant shall defend Indemnitees in any action or actions filed in connection with any such Claims with counsel of City and RCFPD'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. 11.3 Nonwaiver of Rights. Indemnitees do not, and shall not, waive any rights that they may possess against Consultant because of the acceptance by City and RCFPD, or the deposit with City and RCFPD, of any insurance policy or certificate required pursuant to this Agreement. 11.4 Waiver of Right of Subrogation. Except as otherwise expressly provided in this Agreement, Consultant, 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 Consultant. Vendor Initials PSA with professional liability insurance(Design) Page 7 Last Revised:10102113 Page 40 11.5 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 Consultant shall be conclusive in favor of the Indemnitee's right to recover under this indemnity provision. 12. Insurance. 12.1 Liability Insurance. Consultant 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 Consultant, and/or its agents, representatives, employees and subcontractors. 12.2 Minimum Scope of Insurance. Unless otherwise approved by City and RCFPD, 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. (4) Professional Liability insurance in a form approved by the City and RCFPD, having, at City and RCFPD's option, an extended reporting period of not less than three (3) years; or professional liability insurance shall be maintained for a period of three (3) years after completion of the Services which shall, during the entire three (3) year period, provide protection against claims of professional negligence arising out of Consultant's performance of the Services and otherwise complying with all applicable provisions of this Section 12. The policy shall be endorsed to include contractual liability to the extent insurable. 12.3 Minimum Limits of Insurance. Consultant 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 with a general aggregate limit shall apply separately to this Agreement or the general limit shall be twice the required occurrence limit. Vendor Initials PSA with professional liability insurance(Design) Page 8 Last Revised:10102113 Page 41 (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) Professional Liability: $1,000,000 per claim/aggregate. (5) 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 requirements 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 and RCFPD. 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 RCFPD and shall not reduce the limits of coverage. City and RCFPD 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, RCFPD, its officers, officials, employees, designated volunteers and agents serving as independent contractors in the role of City, RCFPD and officials as additional insureds as respects: liability arising out of activities performed by or on behalf of Consultant; products and completed operations of Consultant; premises owned, occupied or used by Consultant; and/or automobiles owned, leased, hired or borrowed by Consultant. The coverage shall contain no limitations on the scope of protection afforded to City, RCFPD its officers, officials, employees, designated volunteers or agents serving as independent contractors in the role of City and RCFPD officials which are not also limitations aplicable to the named insured. (2) For any claims related to this Agreement, Consultant's insurance coverage shall be primary insurance as respects City, RCFPD, its officers, officials, employees, designated Vendor Initials PSA with professional liability insurance(Design) Page 9 Last Revised:10102113 Page 42 volunteers and agents serving as independent contractors in the role of City, RCFPD or officials. Any insurance or self-insurance maintained by City, RCFPD, its officers, officials, employees, designated volunteers or agents serving as independent contractors in the role of City, RCFPD, officials shall be excess of Consultant's insurance and shall not contribute with it. (3) Consultant'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 and RCFPD 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, RCFPD and its elected officials, officers, employees, servants, attorneys, designated volunteers, and agents serving as independent contractors in the role of City and RCFPD officials. (6) Each policy shall be issued by an insurance company approved in writing by City and RCFPD, which is admitted and licensed to do business in 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. Vendor Initials PSA with professional liability insurance(Design) Page 10 Last Revised:10102113 Page 43 (9) Contractor shall provide any and all other required insurance, endorsements, or exclusions as required by the City and RCFPD in any request for proposals applicable to this Agreement. 12.6 Evidence of coverage.Prior to commencing performance under this Agreement, the Consultant shall furnish the City and RCFPD 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 and RCFPD before Consultant commences performance. If performance of this Agreement shall extend beyond one year, Consultant shall provide City and RCFPD 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 and RCFPD in the same manner and to the same extent as Contractor is bound to City and RCFPD 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 and RCFPD relating to Consultant's performance or services rendered under this Agreement, Consultant shall render any reasonable assistance and cooperation that City and RCFPD might require. City and RCFPD shall compensate Consultant for any litigation support services in an amount to be agreed upon by the parties. 14. Termination. City and RCFPD 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 Consultant. In the event City and RCFPD exercises its right to terminate this Agreement, City and RCFPD shall pay Consultant for any services satisfactorily rendered prior to the effective date of the termination, provided Consultant is not then in breach of this Agreement. Consultant shall have no other claim against City and RCFPD by reason of such termination, including any claim for compensation. City and RCFPD 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 parry. Consultant may terminate this Agreement for cause upon giving the City and RCFPD ten (10) business days prior written notice for any of the following: (1) uncured breach by the City and RCFPD of any material term of this Agreement, including but not limited to Payment Terms; (2) material changes in the conditions under which this Vendor Initials PSA with professional liability insurance(Design) Page 11 Last Revised:10102113 Page 44 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 Consultant's and City and RCFPD'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 and RCFPD: Rancho Cucamonga Engineering Dept. Attn: Gianfranco Laurie, Sr. Civil Engineer 10500 Civic Center Drive Rancho Cucamonga, CA 91729 If to Consultant: Owen Group, Limited Partnership Richard Henrikson, President 220 Technology Drive, Suite 100 Irvine, CA 92618 16. Non-Discrimination and Equal Employment Opportunity. In the performance of this Agreement, Consultant 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. Consultant 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. Consultant shall not assign or transfer any interest in this Agreement or subcontract the performance of any of Consultant's obligations hereunder without City and RCFPD's prior written consent. Except as provided herein, any attempt by Consultant 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. Consultant shall comply with all applicable federal, state and local laws, ordinances, codes and regulations in force at the time Consultant performs the Services. CONSULTANT 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 the performance of other requirements on "public works" and "maintenance" projects. If the Services are being performed as part Vendor Initials PSA with professional liability insurance(Design) Page 12 Last Revised:10102113 Page 45 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, CONSULTANT 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/DPreWa�zeDetermination.htin CONSULTANT 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 Consultant's principal place of business and at the Project site. CONSULTANT shall defend, indemnify and hold the City and RCFPD, 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 parry 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 and RCFPD of any payment to Consultant constitute or be construed as a waiver by City and RCFPD of any breach of covenant, or any default which may then exist on the part of Consultant, and the making of any such payment by City and RCFPD shall in no way impair or prejudice any right or remedy available to City and RCFPD with regard to such breach or default. 20. Attorney's Fees. In the event that either parry to this Agreement shall commence any legal action or proceeding to enforce or interpret the provisions of this Agreement, the prevailing parry 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 parry who causes the uncertainty to exist or against the parry 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 Consultant and City and RCFPD. This Agreement supersedes all prior oral or written negotiations, representations or agreements. This Vendor Initials PSA with professional liability insurance(Design) Page 13 Last Revised:10102113 Page 46 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. Consultant Name: Owen Group, Limited Ptr. City of Rancho Cucamonga By: By: Name Date Name Date Title Title Rancho Cucamonga Fire Protection District By: By: Name Date Name Date Title Title (two signatures required if corporation) Vendor Initials PSA with professional liability insurance(Design) Page 14 Last Revised:10102113 Page 47 EXHIBIT A SCOPE OF SERVICES REQUEST FOR PROPOSAL, EXHIBIT "A-I" CONSULTANT PROPOSAL, EXHIBIT "A-2" Vendor Initials PSA with professional liability insurance(Design) Page 15 Last Revised:10102113 Page 48 EXHIBIT B SCHEDULE OF PERFORMANCE CONSULTANT DESIGN SCHEDULE Vendor Initials PSA with professional liability insurance(Design) Page 16 Last Revised:10102113 Page 49 Attachment A — Sample Waiver of Subrogation (Sample Only —Not all forms will look identical to this Sample) Ark S WORKERS COMPENSATION TRAVELER AND EMPLOYERS LIABILITY POLICY ENDORSEMENT WC 00 03 13 (00)-01 POLICY NUMBER. 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 organization 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.) This agreement shall not operate directly or indirectly to benefit any one not named in the Schedule. SCHEDULE DESIGNATED PERSON: The City of Rancho Cucamonga, its officers, officials, employees, designated volunteers and agents serving as independent contractors in the role of City or offiri2k DESIGNATED ORGANIZATION: Vendor Initials PSA with professional liability insurance(Design) Page 17 Last Revised:10102113 Page 50 Attachment B — Sample Additional Insured for On-going Projects 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 Organization(s): Location(s)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 11 — Who Is An Insured is amended to B. With respect to the insurance afforded to these include as an additional insured the person(s) or additional insureds, the following additional exclu- organization(s) shown in the Schedule, but only sions apply: with respect to liability for"bodily injury", "property This insurance does not apply to "bodily injury" or damage" or "personal and advertising injury" .'property damage"occurring after: caused, in whole or in part,by: 1. All work, including materials, parts or equirp- 1. Your acts or omissions;or ment furnished in connection with such work, 2. The acts or omissions of those acting on your on the project(other than service, maintenance behalf; or repairs) to be per-formed by or on behalf of in the performance of your ongoing operations for the additional insured(s) at the location of the the additional insured(s) at the location(s) desig- covered operations has been completed;or nated above. 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. CG 20 10 07 04 C)ISO Properties, Inc-,2004 Page 1 of 1 ❑ Vendor Initials PSA with professional liability insurance(Design) Page 18 Last Revised:10102113 Page 51 REQUEST FOR PROPOSAL EXHIBIT "A-I" Page 52 V RANCHO CUCAMONGA REQUEST FOR PROPOSAL ("RFP") #20/21-005 FOR AMERICANS WITH DISABLITIES ACT (ADA) SELF-EVALUATION AND TRANSITION PLAN City and RCFPD of Rancho Cucamonga Procurement Division 10500 Civic Center Drive Rancho Cucamonga, California 91730 Page 53 al The City and RCFPD of Rancho Cucamonga Request for Proposal ("RFP")#20/21-005 for Americans with Disabilities Act(ADA) Self-Evaluation and Transition Plan Table of Contents 1. OVERVIEW .......................................................................................................................................7 1.1. GENERAL BACKGROUND...............................................................................................................7 1.2. PROPOSAL DELIVERY AND SCHEDULE OF EVENTS................................................................................7 1.3. DISCREPANCIES OR OMISSIONS......................................................................................................8 1.4. CONTINGENCIES .........................................................................................................................8 1.5. QUESTIONS AND CLARIFICATIONS...................................................................................................8 1.6. DISPOSITION OF MATERIAL AND CONFIDENTIAL OR PROPRIETARY INFORMATION......................................9 1.7. BRAND NAMES ..........................................................................................................................9 1.8. KNOWLEDGE OF REQUIREMENTS....................................................................................................9 1.9. RESERVATION OF RIGHTS..............................................................................................................9 1.10. CALIFORNIA'S PUBLIC RECORDS ACT............................................................................................. 10 2. MINIMUM REQUIREMENTS ........................................................................................................... 11 2.1. BUSINESS LICENSE..................................................................................................................... 11 2.2. PREVAILING WAGES.................................................................................................................. 11 2.3. REPRESENTATIVES..................................................................................................................... 11 2.4. EMPLOYEE CONDUCT................................................................................................................. 12 3. RFP RESPONSE FORMAT AND SUBMISSION REQUIREMENTS......................................................... 13 3.1. COVER LETTER/INTRODUCTION .................................................................................................. 13 3.2. TABLE OF CONTENTS................................................................................................................. 13 3.3. EXECUTIVE SUMMARY ............................................................................................................... 14 3.4. EXPERIENCE............................................................................................................................. 14 3.5. THIRD-PARTY SUBCONTRACTORS............................................................................................... 14 3.6. STAFF BIOGRAPHIES.................................................................................................................. 14 3.7. PROPOSAL RESPONSE................................................................................................................ 15 3.8. EXHIBITS A THROUGH H............................................................................................................. 15 3.9. NON-DISCLOSURE CONFLICT OF INTEREST...................................................................................... 15 Page 2 of 44 Page 54 The City and RCFPD of Rancho Cucamonga Request for Proposal ("RFP")#20/21-005 for Americans with Disabilities Act(ADA) Self-Evaluation and Transition Plan 3.10. PROFESSIONAL SERVICE AGREEMENT............................................................................................ 15 3.11. ACKNOWLEDGEMENT OF INSURANCE............................................................................................. 16 3.12. ADDENDUM ACKNOWLEDGEMENT................................................................................................ 16 3.13. DEBARMENT AND SUSPENSION.................................................................................................... 16 3.14. PARTICIPATION CLAUSE.............................................................................................................. 16 3.15. COMPANY REFERENCES.............................................................................................................. 17 3.16. SIGNATURE OF AUTHORITY......................................................................................................... 17 3.17. LINE ITEM PRICING.................................................................................................................... 17 4. SCOPE OF WORK ............................................................................................................................ 17 4.1. PURPOSE ................................................................................................................................ 17 4.2. BACKGROUND.......................................................................................................................... 18 4.3. TASKS .................................................................................................................................... 19 4.3.1. TASK 1-PROJECT MANAGEMENT................................................................................................19 4.3.1.1. KICKOFF MEETING.................................................................................................................20 4.3.1.2. MANAGEMENT AND COORDINATION.........................................................................................20 4.3.1.3. MONTHLY PDT MEETINGS.....................................................................................................20 4.3.1.4. PROGRESS SCHEDULE.............................................................................................................20 4.3.1.5. INVOICING...........................................................................................................................20 4.3.1.6. QA/QC..............................................................................................................................20 4.3.1.7. DELIVERABLES......................................................................................................................21 4.3.2. TASK 2-PUBLIC OUTREACH AND MEETINGS...................................................................................21 4.3.2.1. ADMINISTRATION .................................................................................................................21 4.3.2.2. PUBLIC OUTREACH NO. 1.......................................................................................................21 4.3.2.3. PUBLIC OUTREACH No.2.......................................................................................................21 4.3.2.4. CITY AND RCFPD COUNCIL No. 1............................................................................................22 4.3.2.5. DELIVERABLES PER MEETING) ................................................................................................22 4.3.3. TASK 3-SELF-EVALUATION AND PROGRAMMATIC REVIEW................................................................22 Page 3 of 44 Page 55 The City and RCFPD of Rancho Cucamonga Request for Proposal ("RFP")#20/21-005 for Americans with Disabilities Act(ADA) Self-Evaluation and Transition Plan 4.3.3.1. AVAILABLE DOCUMENT REVIEW...............................................................................................22 4.3.3.2. SELECTING KEY PERSONNEL.....................................................................................................22 4.3.3.3. STAFF SURVEYS ....................................................................................................................23 4.3.3.4. DELIVERABLES......................................................................................................................23 4.3.4. TASK 4-PHYSICAL BARRIER SURVEYS AND REPORTS........................................................................23 4.3.4.1. INVENTORY REVIEW ..............................................................................................................23 4.3.4.2. FACILITY DIAGRAMS..............................................................................................................23 4.3.4.3. PHYSICAL SURVEYS ...................................................................................................................24 4.3.4.3.1.CITY AND RCFPD FACILITIES ...................................................................................................24 4.3.4.3.2. FIRE STATIONS SEPARATE ENTITY) .....................................................................................24 4.3.4.3.3.CITY AND RCFPD PARKS ........................................................................................................25 4.3.4.3.4. CITY AND RCFPD RIGHT-OF-WAY ......................................................................................25 4.3.4.3.4.1. SIDEWALKS...................................................................................................................25 4.3.4.3.4.2. CURB RAMPS................................................................................................................26 4.3.4.3.4.3.TRAFFIC SIGNALS.................................................................................................................27 4.3.4.3.4.4. PEDESTRIAN BRIDGES...........................................................................................................27 4.3.4.3.4.5. BICYCLE FACILITIES...............................................................................................................27 4.3.4.3.4.6. MULTI-USE TRAILS ..............................................................................................................28 4.3.4.3.4.7.CAN-STREET PARKING............................................................................................................28 4.3.4.4. PHYSICAL SURVEY REPORTS ...................................................................................................29 4.3.4.5. DELIVERABLES......................................................................................................................29 4.3.5. TASKS:SELF-EVALUATION AND TRANSITION PLAN REPORTS .............................................................29 4.3.5.1.SELF-EVALUATION PREPARATION..................................................................................................29 4.3.5.2.TRANSITION PLAN PREPARATION..................................................................................................29 4.3.5.3. DRAFT ADA SELF-EVALUATION AND TRANSITION PLAN REPORT.....................................................30 4.3.5.4. FINAL ADA SELF-EVALUATION AND TRANSITION PLAN REPORT......................................................30 4.3.5.5. DELIVERABLES......................................................................................................................30 Page 4 of 44 Page 56 The City and RCFPD of Rancho Cucamonga Request for Proposal ("RFP")#20/21-005 for Americans with Disabilities Act(ADA) Self-Evaluation and Transition Plan 4.3.6. INVENTORY DATABASE AND MAPPING ..........................................................................................31 4.3.6.1. DATABASE...........................................................................................................................31 4.3.6.2. ARCGIS..............................................................................................................................31 4.3.6.3. DELIVERABLES......................................................................................................................31 4.3.7. TRAINING................................................................................................................................31 4.3.7.1.TRAINING.................................................................................................................................32 4.3.7.2. DELIVERABLES...........................................................................................................................32 4.3.8. ON-CALL ADA SUPPORT(OPTIONAL)...........................................................................................32 4.3.8.1.ON-CALL ADA SUPPORT.............................................................................................................32 4.4. ATTACHMENTS ....................................................................................................................32 S. EVALUATION AND CONSULTANT SELECTION PROCESS..................................................................33 5.1. INITIAL SCREENING....................................................................................................................33 5.2. EVALUATION ACTIVITIES.............................................................................................................33 5.3. COST EVALUATION....................................................................................................................33 5.4. REFERENCE CHECKS...................................................................................................................33 S.S. DEMONSTRATIONS/INTERVIEWS .................................................................................................34 5.6. FINANCIAL DOCUMENTATION......................................................................................................34 5.7. BEST AND FINAL OFFER..............................................................................................................34 5.8. CONSULTANT SELECTION............................................................................................................35 5.9. LETTER OF INTENT TO AWARD .....................................................................................................35 "EXHIBIT A, CITY AND RCFPD AND RCFPD OF RANCHO CUCAMONGA CONFLICT OF INTEREST/NON- DISCLOSURE STATEMENT"...................................................................................................................36 "EXHIBIT B, PROFESSIONAL SERVICES AGREEMENT EXCEPTIONS SUMMARY".....................................37 "EXHIBIT C,ACKNOWLEDGMENT OF INSURANCE REQUIREMENTS AND CERTIFICATION OF ABILITY TO PROVIDE AND MAINTAIN COVERAGES SPECIFIED" .............................................................................38 "EXHIBIT D,ADDENDUM ACKNOWLEDGEMENT" .................................................................................39 "EXHIBIT E, DEBARMENT and SUSPENSION CERTIFICATION FORM".....................................................40 "EXHIBIT F, PARTICIPATION CLAUSE"....................................................................................................41 Page 5 of 44 Page 57 The City and RCFPD of Rancho Cucamonga Request for Proposal ("RFP")#20/21-005 for Americans with Disabilities Act(ADA) Self-Evaluation and Transition Plan "EXHIBIT G" REFERENCES WORKSHEET.................................................................................................42 „EXHIBIT H, SIGNATURE OF AUTHORITY" .............................................................................................44 Page 6 of 44 Page 58 The City and RCFPD of Rancho Cucamonga Request for Proposal ("RFP")#20/21-005 for Americans with Disabilities Act(ADA) Self-Evaluation and Transition Plan 1. OVERVIEW 1.1. GENERAL BACKGROUND The City and RCFPD of Rancho Cucamonga (hereinafter "City and RCFPD") and the Rancho Cucamonga Fire Protection District (hereinafter "RCFPD") is inviting qualified Consultants (hereinafter"Consultant") to submit a proposal response for Request for Proposals ("RFP") #20/21-005 for Americans with Disabilities Act (ADA) Self- Evaluation and Transition Plan in accordance with the minimum Scope of Services and Specifications indicated herein. Consultants wishing to participate in the RFP solicitation must be registered as a Consultant on Planet Bids through the City and RCFPD website at https://www.City and RCFPDofrc.us/your-government/procurement. Only those responses received from registered Consultants will be accepted. Responses must be submitted by the named Consultant 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 Consultants. Submitting a response under a Consultant 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 and RCFPD and RCFPD shall not be responsible for any delays by transmission errors. Schedule of Events Event Description Date&Time Post RFP July 13,2020 Questions Due August 6,2020 by 9:00 am Addendum Issued August 13,2020 RFP Response Due Date August 24,2020 by 9:00 am (The City and RCFPD and RCFPD reserves the right to change schedule of events without prior notice or responsibility to Consultant.) Page 7 of 44 Page 59 The City and RCFPD of Rancho Cucamonga Request for Proposal ("RFP")#20/21-005 for Americans with Disabilities Act(ADA) Self-Evaluation and Transition Plan 1.3. DISCREPANCIES OR OMISSIONS Consultants 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. The City and RCFPD and RCFPD bears no responsibility for oral instructions or representations. Addenda 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. However, RFP responses should be as detailed and complete as possible to facilitate the formation of a contract based on the RFP response(s) that are pursued should the City and RCFPD and RCFPD decide to do so. Completion of this RFP form and its associated appendices are a requirement. Failure to do so may disqualify your RFP response submittal. Consultants must submit signed RFP responses by the due date and time as specified herein. Consultants will be considered non-responsive if the above requirements are not submitted as requested. 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 a purchase order for the requested work(the "Effective Date"), and shall remain in full force and effect until sixty(60) days after the City and RCFPD and RCFPD 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 and RCFPD and RCFPD'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 and RCFPD and RCFPD's bid system in accordance with the above "Schedule of Events". From the issuance date of this RFP until a Consultant is awarded, Consultants are not permitted to communicate with any City and RCFPD and RCFPD 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 and RCFPD of Rancho Cucamonga. Page 8 of 44 Page 60 The City and RCFPD of Rancho Cucamonga Request for Proposal ("RFP")#20/21-005 for Americans with Disabilities Act(ADA) Self-Evaluation and Transition Plan 1.6. DISPOSITION OF MATERIAL AND CONFIDENTIAL OR PROPRIETARY INFORMATION All materials submitted in response to this RFP solicitation will become the property of the City and RCFPD and RCFPD and will be returned only at the City and RCFPD and RCFPD's option and at the expense of the Consultant 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 Consultant considers as confidential but does not meet the disclosure exemption requirements of the California Public Records Act may be made available to the public regardless of a notation or markings of confidentiality or otherwise. 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 Consultant specifies otherwise, it is understood that the Consultant is offering a referenced brand item as specified in the solicitation. The City and RCFPD and 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 and RCFPD and RCFPD may require the supply of additional descriptive material and a sample. 1.8. KNOWLEDGE OF REQUIREMENTS The Consultant 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 Consultant's sole risk. Consultants shall be responsible for knowledge of all items and conditions contained in their RFP responses and in this RFP, including any City and RCFPD and RCFPD issued clarifications, modifications, amendments, or addenda. The City and RCFPD and RCFPD will provide notice of any changes and clarifications to perspective Consultants by way of addenda to Planet Bids; however, it is the Consultant'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 and RCFPD and RCFPD that any contract will be entered by the City and RCFPD and RCFPD.The City and RCFPD and RCFPD expressly reserves the right at any time to: • Waive or correct any defect or informality in any response, RFP, or RFP procedure. Page 9 of 44 Page 61 The City and RCFPD of Rancho Cucamonga Request for Proposal ("RFP")#20/21-005 for Americans with Disabilities Act(ADA) Self-Evaluation and Transition Plan • Reject any or all RFPs. • Reissue a Request for RFPs. • Prior to 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 and RCFPD and RCFPD recognizes that price is only one of several criteria to be used in judging a product or service, and the City and RCFPD and RCFPD is not legally bound to accept the lowest RFP response. • The City and RCFPD and RCFPD reserves the right to conduct pre-award discussions and/or pre-Contract negotiations with any or all responsive and responsible Consultants 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 and RCFPD and RCFPD reserves the right to inspect the Consultant's place of business prior to award or at any time during the contract term or any extension thereof, to determine the Consultant's capabilities and qualifications. 1.10. CALIFORNIA'S PUBLIC RECORDS ACT The City and RCFPD and RCFPD complies with the California Public Records Act, Government Code Section 6250 et seq, 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 and RCFPD and RCFPD 's receipt, review, evaluation or any other act or omission concerning any such information shall not create an acceptance by the City and RCFPD and RCFPD 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 and RCFPD and RCFPD shall make a final determination if any exemption exists for the City and RCFPD and RCFPD to deny the request and prevent disclosure. The City and RCFPD and RCFPD will withhold such information from public disclosure under Page 10 of 44 Page 62 The City and RCFPD of Rancho Cucamonga Request for Proposal ("RFP")#20/21-005 for Americans with Disabilities Act(ADA) Self-Evaluation and Transition Plan the Public Records Act only if the City and RCFPD and RCFPD determines, in its sole discretion, that there is a legal basis to do so. 2. MINIMUM REQUIREMENTS 2.1. BUSINESS LICENSE A selected Consultant 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. A selected Consultant 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 a 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 and/or the federal Davis-Bacon Act, a selected Consultant(s) shall pay no less than those minimum wages unless an exemption applies. In certain cases an exemption from the prevailing wage requirement may apply to the scope of work. (See Cal. Labor Code § 1720(c)(1), (5); 42 USC § 5310(a). However, the City and RCFPD and RCFPD makes no representations in this RFP that such an exemption will apply or that prevailing wages will not be required for a scope of work covered by this RFP. 2.3. REPRESENTATIVES Should a selected Consultant require the services of a third-party to complete the Scope of Services indicated in this RFP,the awarded Consultant 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 Consultant to so assign, transfer, or subcontract any rights, duties, or obligations arising hereunder shall be null, void and of no effect. The awarded Consultant shall be solely responsible for the satisfactory work performance of all personnel engaged in performing the Services including Consultants subcontractor. All Services shall be performed by the awarded Consultant or under the awarded Consultant'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 Consultant 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, Consultant certifies that it is Page 11 of 44 Page 63 The City and RCFPD of Rancho Cucamonga Request for Proposal ("RFP")#20/21-005 for Americans with Disabilities Act(ADA) Self-Evaluation and Transition Plan 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 Consultant, the City and RCFPD and RCFPD 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 Consultant, or may bill for excess costs so paid, and the prices paid by the City and RCFPD and RCFPD 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 Consultants for delivery, which do not meet specifications, will be for the account of the Consultant. City and RCFPD and RCFPD Representative: For the purposes of this Agreement, the contract administrator and City and RCFPD and RCFPD's representative shall be Gianfranco Laurie, Senior Civil Engineer, or such other person as designated in writing by City and RCFPD and RCFPD ("City and RCFPD and RCFPD's Representative"). It shall be the Consultant's responsibility to assure that City and RCFPD and RCFPD 's Representative is kept informed of the progress of the performance of the services, and the Consultant shall refer any decisions that must be made by City and RCFPD and RCFPD to City and RCFPD and RCFPD Representative. Unless otherwise specified herein, any approval of City and RCFPD and RCFPD required hereunder shall mean the approval of the City and RCFPD and RCFPD Representative. Consultant Representative: The response to this RFP shall designate the representative of the 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 will be a substantial inducement for City and RCFPD and RCFPD to enter into an Agreement with the Consultant. Therefore,the Consultant's Representative shall be responsible during the term of any Agreement for directing all activities of Consultant and devoting enough time to personally supervise the services hereunder. The successful Consultant may not change the Consultant's Representative without the prior written approval of City and RCFPD and RCFPD's Representative. 2.4. EMPLOYEE CONDUCT All Consultant personnel must observe all City and RCFPD and RCFPD regulations in effect at the location where the Services are being conducted. While on City and RCFPD and RCFPD property, the Consultant's personnel shall be subject to oversight by City and RCFPD and RCFPD staff. Under no circumstances shall the Consultant's Page 12 of 44 Page 64 The City and RCFPD of Rancho Cucamonga Request for Proposal ("RFP")#20/21-005 for Americans with Disabilities Act(ADA) Self-Evaluation and Transition Plan or Consultant's sub-contractor personnel be deemed as employees of the City and RCFPD and RCFPD. Consultant or Consultant's subcontractor personnel shall not represent themselves to be employees of the City and RCFPD and RCFPD. Consultant's personnel will always make their best efforts to be responsive, polite, and cooperative when interacting with representatives of the City and RCFPD and RCFPD and City and RCFPD and RCFPD employees. The Consultant's personnel shall be required to work in a pleasant and professional manner with City and RCFPD and RCFPD employees, outside Consultants and the public. Nothing contained in this RFP shall be construed as granting the Consultant the sole right to supply personal or contractual services required by the City and RCFPD and RCFPD or without the proper City and RCFPD and RCFPD approval and the issuance of a Purchase Order. 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 Consultants 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 and RCFPD and RCFPD 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 information required by this RFP. 3.1. COVER LETTER/INTRODUCTION RFP responses must include the complete name and address of Consultant 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 Consultants 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 13 of 44 Page 65 The City and RCFPD of Rancho Cucamonga Request for Proposal ("RFP")#20/21-005 for Americans with Disabilities Act(ADA) Self-Evaluation and Transition Plan 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 Consultant's RFP response to provide the Evaluation Committee with a broad understanding of the Consultant's approach, proposal, experience and staffing. 3.4. EXPERIENCE The Consultant shall provide a concise statement demonstrating the Consultant'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, • 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 Consultant intends to subcontract, a detailed list of any sub-contractors, partners, or third-party Consultants who will be involved in the implementation of the proposed services including but not limited to: • Description of the Consultant'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 and RCFPD and RCFPD. Resumes shall be formatted in the following order: • Position with the Company, • Length of time with the Company, Page 14 of 44 Page 66 The City and RCFPD of Rancho Cucamonga Request for Proposal ("RFP")#20/21-005 for Americans with Disabilities Act(ADA) Self-Evaluation and Transition Plan • 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 Consultants shall provide a full, detailed response to the City and RCFPD and RCFPD 's Scope of Services listed herein. Consultants 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. 3.8. EXHIBITS A THROUGH H The following named Exhibits A through H are a requirement and must be complete and signed where required. Exhibits are not to be included in your proposal response. All referenced Exhibits must be submitted in Planet Bids system under the Response Types, Exhibits A — H. Failure to comply with this instruction will deem your RFP submittal as non-responsive. 3.9. NON-DISCLOSURE CONFLICT OF INTEREST Specify any possible conflicts of interest with your current clients or staff members and the City and RCFPD and RCFPD. A signed "Exhibit A, Conflict of Interest and Non-Disclosure Agreement" included herein must be submitted under the Planet Bid Response Types, Exhibits A—H. 3.10. PROFESSIONAL SERVICE AGREEMENT In addition to the acceptance of the City and RCFPD and RCFPD's Terms and Conditions,the successful Consultant will be required to enter into a Professional Services Agreement ("PSA") with the City and RCFPD and RCFPD , a "Sample" of which is attached in the City and RCFPD and RCFPD 's bid system for review. All requirements of said PSA must be completed by the successful Consultant 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, Consultant will be deemed to have agreed to each clause unless otherwise indicated in "Exhibit B, Professional Services Agreement Exceptions Summary"and the City and RCFPD and RCFPD 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 Page 15 of 44 Page 67 The City and RCFPD of Rancho Cucamonga Request for Proposal ("RFP")#20/21-005 for Americans with Disabilities Act(ADA) Self-Evaluation and Transition Plan contractual language in the PSA at any other time. The signed Exception Summary must be submitted in Planet Bids system under the Response Types tab "Exhibits A— H". 3.11. ACKNOWLEDGEMENT OF INSURANCE Consultants 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". The awarded Consultant 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 Consultant, will not be accepted. The signed Acknowledgement of Insurance must be submitted under the Planet Bid Response Types, Exhibits A— H. 3.12. ADDENDUM ACKNOWLEDGEMENT The Consultant shall hereby acknowledge they have received all posted Addendums, if any. It is the Consultant'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. Consultants must indicate their acknowledgement of any Addendums by way of signature on "Exhibit D, Addendum Acknowledgement" and must be submitted under the Planet Bid Response Types, Exhibits A— H. 3.13. DEBARMENT AND SUSPENSION Bidding Consultants must verify by way of signature to "Exhibit E, Consultant 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 Consultant nor any of its proposed subcontractors are tax delinquent with the State of California. The signed exhibit must be submitted under the Planet Bid Response Types, Exhibits A— H. 3.14. PARTICIPATION CLAUSE Consultants shall provide a completed "Exhibit F, Participation Clause", must be submitted under the Planet Bid Response Types, Exhibits A — H. This will indicate a Consultants agreement to or not to allow other entities to utilize the RFP response and awarded contract as a piggyback option. Page 16 of 44 Page 68 The City and RCFPD of Rancho Cucamonga Request for Proposal ("RFP")#20/21-005 for Americans with Disabilities Act(ADA) Self-Evaluation and Transition Plan 3.15. 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 G, Reference Worksheet", must be complete and uploaded into the Planet Bid system under the "Response Type" section identified as "Exhibit G". 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, Exhibits A- H" in Planet Bids. 3.16. SIGNATURE OF AUTHORITY "Exhibit H", Signature of Authority must be submitted under the Planet Bid Response Types, Exhibits A — H. Unsigned RFP responses will not be accepted. The Signature of Authority declares that the Consultant has carefully examined the instruction indicated herein including all terms and condition and specifications, and hereby proposes and agrees, if the Consultants RFP response is accepted, Consultant 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 Consultants RFP response. 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. Consultants 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 and RCFPD and RCFPD will not 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 Consultants 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. PURPOSE The City and RCFPD of Rancho Cucamonga (City and RCFPD) and Rancho Cucamonga Fire Protection District (RCFPD) is seeking a qualified consultant firm (Consultant) to perform a comprehensive Americans with Disabilities Act (ADA) Self-Evaluation and Transition Plan (Project) in order to continue its ongoing efforts to comply with various accessibility requirements. It is expected that the Consultant integrate their own expertise Page 17 of 44 Page 69 The City and RCFPD of Rancho Cucamonga Request for Proposal ("RFP")#20/21-005 for Americans with Disabilities Act(ADA) Self-Evaluation and Transition Plan into the proposed Scope of Work outlined in this Request for Proposal and propose any additions, deletions, or modifications necessary to produce a high-quality Project. The Scope of Work will include Project Management, Public Outreach and Meetings, Self-Evaluation and Programmatic Review, Physical Barrier Surveys and Reports, Self-Evaluation and Transition Plan Reports, Inventory Database and Mapping, Training, and On-Call ADA Support (Optional). All major and minor tasks identified in the Scope of Work are required for the Project whether in its entirety or separated into priority phases.The Consultant will be required to submit a fixed fee and schedule that separates the Project into three (3) priority phases as shown below. The City and RCFPD and RCFPD's intent is to award Phase I with the consideration of awarding Phase II and/or Phase III contingent on the total fixed fee submitted by the Consultant and available funding. • Phase I: City and RCFPD Facilities and Fire Stations • Phase II: City and RCFPD Right-of-Way • Phase III: City and RCFPD Parks The Consultant shall be professional, experienced, and knowledgeable in Federal and State accessibility standards and codes. Additionally, the Consultant shall provide professional services in one (1) of the following areas: Architecture, Building Science, Facility or Construction Management, Engineering, Planning, Certified Access Specialist (CASp), or similar field. 4.2. BACKGROUND In 1997 and 1998, the City and RCFPD and RCFPD completed its initial ADA Self-Evaluation and Transition Plan to comply with the Americans with Disabilities Act of 1990. The City and RCFPD and RCFPD separated its ADA Self- Evaluation and Transition Plan into two (2) phases: Phase I: Park Facilities/Programs Self-Evaluation and Transition Plan Phase II: City and RCFPD and RCFPD Facilities/Programs Self-Evaluation and Transition Plan Each ADA Self-Evaluation and Transition Plan contained a detail compliance study analyzing existing parks, recreational facilities (including community buildings) and City and RCFPD and RCFPD-sponsored programs. It also contained site diagrams of 19 City and RCFPD Parks and 13 City and RCFPD Facilities (including recreation facilities) identifying the respective areas of noncompliance. Diagrammatic information involved locations, Page 18 of 44 Page 70 The City and RCFPD of Rancho Cucamonga Request for Proposal ("RFP")#20/21-005 for Americans with Disabilities Act(ADA) Self-Evaluation and Transition Plan barriers, actions, comments, projected/actual costs, schedules and funding sources. An electronic copy of the City and RCFPD's ADA Self-Evaluation and Transition Plan are included in the Attachments. Since its creation, changes have been made to meet current ADA Title II Regulations as well as ADA Standards for Accessible Design. Also, the City and RCFPD has acquired and disposed of facilities; performed capital improvement projects; modified organizational structures; implemented different programs, services, and activities in which public accessibility may differ from the initial ADA Self-Evaluation Transition Plan. For that reason, it is the City and RCFPD's desire to update its initial ADA Self-Evaluation and Transition Plan to ensure that buildings; infrastructure improvements; programs, services, and activities are accessible under current ADA requirements. While this Project is considered an update to the initial ADA Self-Evaluation and Transition Plan, the Project shall amend and replace the initial ADA Self-Evaluation and Transition Plan with completely new work thus simply not just updating the current plan. Today, the City and RCFPD contains the following existing facilities: • 14 City and RCFPD Buildings • 16,948,800 sq.ft. of Sidewalks • 8 Fire Stations • 19 miles of Multi-Use Trails • 1 Parking Structure • 81 miles of Bicycle Facilities • 30 Parks • 207 Signalized Intersections/ Pedestrian Crossings It shall be noted that the City and RCFPD retains the right to add or delete facilities listed during progress of the Project. For any facilities not listed, it is expected that such facilities will not be evaluated unless otherwise determined and agreed upon between the City and RCFPD and the Consultant. The Consultant shall advise the City and RCFPD whether any referenced facilities (and/or City and RCFPD owned or leased facilities) that are currently excluded need to be included into the Project. 4.3. TASKS The Consultant shall perform all scope of services listed below. 4.3.1. TASK 1-PROJECT MANAGEMENT Page 19 of 44 Page 71 The City and RCFPD of Rancho Cucamonga Request for Proposal ("RFP")#20/21-005 for Americans with Disabilities Act(ADA) Self-Evaluation and Transition Plan 4.3.1.1. KICKOFF MEETING The City and RCFPD will hold a project kickoff meeting (either in-person or virtually for social distancing) with the selected Consultant to discuss Project goals, objectives, scope and timeline.The Consultant shall prepare meeting minutes, action items, and deliverable log. 4.3.1.2. MANAGEMENT AND COORDINATION The Consultant shall be responsible managing its team (including subconsultants) to meet the Project schedule and budget. The Consultant shall coordinate with City and RCFPD staff, other consultants, government agencies, and affected parties as required throughout the entire Project. 4.3.1.3. MONTHLY PDT MEETINGS The Consultant shall conduct monthly Project Development Team (PDT) meetings(either in-person or virtually for social distancing)to monitor progress of the Project and to ensure Project remains within budget and schedule. If the City and RCFPD desires more frequent progress updates,then bi-weekly teleconference calls may be required. The Consultant shall prepare monthly meeting minutes and action items. 4.3.1.4. PROGRESS SCHEDULE The Consultant shall prepare, monitor, and update the progress schedule in Microsoft Projects format. The progress schedule shall be maintained and kept updated throughout the entire Project until the final report is accepted and closed out.The progress schedule shall be submitted at the kickoff meeting, monthly PDT meetings, and any special meetings in-between noting significant milestones and critical paths for the Project. It shall be the Consultants responsibility to notify the City and RCFPD of any delays in major or minor tasks.The Consultant shall provide a detailed explanation for any time extension requests. 4.3.1.5. INVOICING The Consultant shall submit monthly invoice payments for processing. The Consultant shall submit a progress report with each invoice summarizing partially or completed scope of work. Any administrative time spent on invoicing shall be consumed by the Consultant's overhead and not billed separately. 4.3.1.6. QA/QC The Consultant shall undergo Quality Assurance (QA) and Quality Control (QC) efforts prior to submitting any related work task deliverable to the City and RCFPD for review and approval. The Consultant shall provide an electronic copy of its internal QA program guidelines and provide a QC report at the end of each task. Page 72 Page 20 of 44 The City and RCFPD of Rancho Cucamonga Request for Proposal ("RFP")#20/21-005 for Americans with Disabilities Act(ADA) Self-Evaluation and Transition Plan 4.3.1.7. DELIVERABLES • Meeting Minutes in Microsoft Word Format • Action Items and Deliverable Log in Microsoft Excel Formats • Progress Schedules in Microsoft Project and PDF Formats (color, 11" x 17") • Monthly Progress Reports in PDF Format • CIA Program Guidelines and QC Reports in PDF Formats 4.3.2. TASK 2-PUBLIC OUTREACH AND MEETINGS 4.3.2.1. ADMINISTRATION The Consultant shall facilitate public workshops and meetings (either in-person or virtually for social distancing) to advise the public, government bodies and elected officials involving the requirements to make reasonable ADA modifications to policies, practices and procedures. This notification provides the opportunity for any interested persons, individuals with disabilities, or organizations representing persons with disabilities to participate in the Project. As such, the Consultant shall provide meeting announcements, meeting materials, attending and hosting the meetings, maintaining record of the meetings (i.e. minutes), providing follow up responses for items raised in the meetings. Meeting materials including Power Point presentations, poster boards,graphics, and handouts shall be furnished by the Consultant. Meeting announcements shall be provided to City and RCFPD staff at least 14 calendar days in advance of meeting date to distribute on the City and RCFPD's website and social media platforms. 4.3.2.2. PUBLIC OUTREACH NO. 1 The Consultant shall facilitate a public workshop (either in-person or virtually for social distancing) near the beginning of the project.The purpose of this meeting is to notify,advise,and educate the public about the process, components, and requirements of the Project.The public shall have the opportunity to ask questions and provide input toward future work to be completed.The Consultant will be responsible for leading the meeting and making the formal presentation. 4.3.2.3. PUBLIC OUTREACH No.2 The Consultant shall facilitate another public workshop (either in-person or virtually social distancing) after the completion of the Draft ADA Self-Evaluation and Transition Plan Report.The purpose of this meeting is to present findings and solicit public input prior to finalizing the report. The Consultant will be responsible for leading the meeting and making the formal presentation. Page 73 Page 21 of 44 The City and RCFPD of Rancho Cucamonga Request for Proposal ("RFP")#20/21-005 for Americans with Disabilities Act(ADA) Self-Evaluation and Transition Plan 4.3.2.4. CITY AND RCFPD COUNCIL No. 1 The Consultant shall present the Final ADA Self-Evaluation and Transition Plan Report to the City and RCFPD Council (either in-person or virtually for social distancing). The Consultant will be responsible for making the formal presentation including answering questions from the public, staff, and/or City and RCFPD Council members. 4.3.2.5. DELIVERABLES PER MEETING) • Meeting Announcements, • Meeting Materials, • Meeting Minutes, and other relevant documentation in any suitable file formats. 4.3.3. TASK 3-SELF-EVALUATION AND PROGRAMMATIC REVIEW 4.3.3.1. AVAILABLE DOCUMENT REVIEW The Consultant shall review available City and RCFPD documentation such as the municipal code, rules and regulations, policies, programs, and office procedures.The Consultant shall identify and assist the City and RCFPD in furnishing any of the above documents for review if it does not exist but required as part of the Self-Evaluation process. For programs which no program list is accessible, the Consultant will help furnish a list that includes a program description, number and types of people served, and location(s) where the program is held or holds public meetings. This includes programs within the City and RCFPD Council Chambers and methods used to make Council-related information accessible to the public must be encompassed. Also, the City and RCFPD's website program must be accessible to people with visual impairment and/or difficult of hearing. The Consultant shall retain a website expert to check against the City and RCFPD's newly created website. 4.3.3.2. SELECTING KEY PERSONNEL The Consultant shall conduct a meeting (either in-person or virtually for social distancing) between various City and RCFPD staff members to identify key personnel to represent each department throughout the Self-Evaluation process. The purpose of this meeting is to familiarize key personnel with staff surveys and how the information will be used to assist in the Project. Page 74 Page 22 of 44 The City and RCFPD of Rancho Cucamonga Request for Proposal ("RFP")#20/21-005 for Americans with Disabilities Act(ADA) Self-Evaluation and Transition Plan 4.3.3.3. STAFF SURVEYS The Consultant shall administer staff surveys to assess the level of program accessibility within each City and RCFPD department (i.e. determine whether reasonable modifications and methods of effective communication are utilized in the City and RCFPD's pre-employment process as well as during employment). The Consultant shall prepare the format and content of the surveys for the Self-Evaluation process.The Consultant shall submit a draft staff survey for review prior to preparing the final draft survey documentation. The Consultant shall be required to meet with each staff member (either in-person or virtually for social distancing) who have completed the surveys to discuss the responses. 4.3.3.4. DELIVERABLES • Draft Staff Surveys in Microsoft Word Format • Final Staff Surveys in Microsoft Word Format • Completed staff surveys in Microsoft Word Format 4.3.4. TASK 4-PHYSICAL BARRIER SURVEYS AND REPORTS 4.3.4.1. INVENTORY REVIEW The Consultant shall review available inventory lists, past accessible studies or reports, and planned capital improvement projects that may modify existing City and RCFPD Facilities; Fire Stations; City and RCFPD Parks; and City and RCFPD Right-of-Way (i.e. areas). The Consultant shall determine which areas provide public access and which areas do not provide public access prior to surveying. Also, the Consultant shall also determine whether the areas are planned to be modified under a capital project need to be included in the survey. An electronic copy of the City and RCFPD's inventory lists and/or maps are included in the Attachments. The Consultant shall coordinate with City and RCFPD staff and determine which areas are leased or used by other entities that need to be incorporated into the Project prior to surveying. The Consultant shall assist the City and RCFPD in reviewing available documentation such as existing agreements to validate party responsible for implementing ADA upgrades. 4.3.4.2. FACILITY DIAGRAMS The Consultant shall assume minimum available as-builts and prepare facility diagrams of each areas to be surveyed to include all interior and exterior spaces open to public access. The facility diagrams shall be schematic/diagrammatic and be limited to identifying major building and site components. Page 75 Page 23 of 44 The City and RCFPD of Rancho Cucamonga Request for Proposal ("RFP")#20/21-005 for Americans with Disabilities Act(ADA) Self-Evaluation and Transition Plan 4.3.4.3. PHYSICAL SURVEYS The Consultant shall conduct physical surveys of all the areas identified in the inventory lists and maps supplied (or those not listed not mapped but required) to determine physical barrier access. Physical surveys shall include all pertinent information including measurements and pictures for available records. The Consultant shall be responsible for identifying Federal and/or State applicable accessibility standards and codes (i.e. Department of Justice 2010 ADA Standards for Accessible Design and/or 2019 California Building Code). The City and RCFPD will review and confirm accessible standards and codes prior to performing any physical surveys. 4.3.4.3.1.CITY AND RCFPD FACILITIES A total of 14 City and RCFPD Facilities are existing.The Consultant shall determine specific features to be surveyed based on the accessible standards and codes determined.Specific features may include, but not limited to, parking lot spaces and signage; onsite path of travel; stairs and curb ramps; doors and gates; rooms and hallways; restrooms and drinking fountains and all other relevant ADA features. An electronic copy of the inventory list and/or map are included in the Attachments. • City and RCFPD Corporate Yard • RC Animal Shelter • City and RCFPD Hall • RC Family Resource Center • Epicenter/Sports Complex • RC Family Sports Center • Goldy Lewis Community Center • RC Library • James Brulte Senior Center • RC Police Station • Lions Center East • Victoria Gardens Cultural Center • Lions Center West • Victoria Gardens Library 4.3.4.3.2. FIRE STATIONS SEPARATE ENTITY) A total of eight (8) Fire Stations are existing. The Rancho Cucamonga Fire District is a separate entity though will be included as part of this Project. The Consultant shall determine specific features to be surveyed based on the accessible standards and codes determined. Specific features may include, but not limited to, parking lot spaces and signage;onsite path of travel; stairs and curb ramps; doors and gates; rooms and hallways; restrooms and drinking fountains and all other relevant ADA features. An electronic copy of the inventory list and/or map are included in the Attachments. • Fire Station No's. 1 thru 7 • Public Safety Facility Page 76 Page 24 of 44 The City and RCFPD of Rancho Cucamonga Request for Proposal ("RFP")#20/21-005 for Americans with Disabilities Act(ADA) Self-Evaluation and Transition Plan 4.3.4.3.3.CITY AND RCFPD PARKS A total of 30 City and RCFPD Parks are existing. The Consultant shall determine specific features to be surveyed based on the accessible standards and codes determined.Specific features may include, but not limited to, parking lot spaces and signage; onsite path of travel; pedestrian bridges; stairs and curb ramps; park buildings, picnic areas; site furnishings (i.e. canopies/shelters, benches, BB(Xs); recreation areas and play equipment; restrooms and drinking fountains and all other relevant ADA features. An electronic copy of the inventory list and/or map are included in the Attachments. • Bear Gulch Park • Milliken Park • Beryl Park East • Mountain View Park • Beryl Park West • Old Town Park • Central Park • Ralph M. Lewis Park • Church Street Park • Red Hill Park • Coyote Canyon Park • Spruce Park • Cucamonga/Demens Trail Rest Park • Victoria Groves Park • Ellena Park • Vintage Park • Etiwanda Creek Park • West Greenway Park • Golden Oak Park • Heritage Park • Hermosa Park • Kenyon Park • Lions Park • Windrows Park • Day Creek Park • Victoria Arbors Park • Legacy Park • Rancho Summit Park • Olive Grove Park • Garcia Park • Los Amigos Park 4.3.4.3.4. CITY AND RCFPD RIGHT-OF-WAY The Consultant shall survey existing sidewalks, curb ramps, traffic signals, pedestrian bridges, bicycle facilities, multi-use trails, and on-street parking. Below is the scope required for each infrastructure. 4.3.4.3.4.1. SIDEWALKS An assumed total of 16,948,000 square feet of probable sidewalks are existing. The Consultant shall identify the procedure required to collect a detailed sidewalk survey which includes accessibility and distress inventory.A sample survey shall be conducted at a high pedestrian area as part of this Project with the intention to have City and RCFPD staff(or future consultant) perform continued sidewalk surveys.The Page 25 of 44 Page 77 The City and RCFPD of Rancho Cucamonga Request for Proposal ("RFP")#20/21-005 for Americans with Disabilities Act(ADA) Self-Evaluation and Transition Plan sample survey shall be compatible with the City and RCFPD's ArcGIS system and include the following noncompliance features. An electronic copy of the inventory list and/or map are included in the Attachments. • Vertical and Horizontal Displacements • Excessive Cross Slopes • Insufficient Widths • Obstructions • Distress • Missing or Incomplete The Consultant shall disregard sidewalk surveys at driveways but provide a procedure toward how non- accessible driveways can be addressed in the future (i.e. City and RCFPD Ordinances). For the sample area, the Consultant shall conduct a walking survey using applicable handheld GPS devices (or equivalent) for analysis, cataloging, and mapping. The sidewalk distress analysis shall inventory cracking, patching, faulting, vaulting, spalling, and holes. The sidewalk distress methodology for rating sidewalks shall be reviewed and approved by the City and RCFPD prior to beginning the sample surveys. 4.3.4.3.4.2. CURB RAMPS The City and RCFPD does not have an existing curb ramp inventory nor is it possible to provide a rough estimate. The Consultant shall perform a complete and detailed curb ramp survey to determine: • Curb Ramp Types • Landings • Widths • Slopes • Detectable Warning Surfaces • Compliant and Noncompliant The Consultant shall conduct a visual inspection to determine if existing curb ramps, median crossings, and "pork chops" islands meet accessibility standards. Curb ramps shall be marked as serving a facility as an arrival point or serving as a street crossing.Curb ramp inspection shall be collected in a manner for analysis, cataloging, and mapping. Page 26 of 44 Page 78 The City and RCFPD of Rancho Cucamonga Request for Proposal ("RFP")#20/21-005 for Americans with Disabilities Act(ADA) Self-Evaluation and Transition Plan 4.3.4.3.4.3.TRAFFIC SIGNALS A total of 207 signalized intersections and pedestrian signalized crossings are existing. This inventory does not include existing overhead flashing beacons, pedestrian rectangular rapid flashing beacons or high intensity activated crosswalk beacons though it exists within the City and RCFPD. As such, the Consultant will be required to identify, determine and include those elements to the Project. The Consultant shall perform a complete and detailed survey of all applicable elements above. An electronic copy of the inventory list and/or map are included in the Attachments. • Push Button Landing • Push Button Placement (horizontal and height) • Accessible Pedestrian Signals • Signs The Consultant shall not be required to survey existing curb ramps at existing signalized intersections or pedestrian signalized crossing as it will be surveyed in Task 4.3.4.3.4.2 Curb Ramps. 4.3.4.3.4.4. PEDESTRIAN BRIDGES The City and RCFPD does not have an existing pedestrian bridge inventory nor is it possible to provide a rough estimate.The Consultant shall perform a complete and detailed pedestrian bridge survey including bridges that traverse the San Bernardino County Flood Control District Channels. • Pedestrian Bridge Types • Arrival Point • Path of Travel • Slopes • Widths • Railings The Consultant shall not be required to survey existing pedestrian bridges at public parks as it will be surveyed in Task 4.3.4.3.3 City and RCFPD Parks. 4.3.4.3.4.5. BICYCLE FACILITIES A total of 81 miles of bicycle facilities are existing.The City and RCFPD contains various bicycle facilities(i.e. Class 1 Bike Path, Class 2 Bike Lane, and Class 3 Bike Route). Also, the City and RCFPD has one (1) bicycle overcrossing bridge and several trailheads that shall be included as part of this Project. The Consultant shall perform a Pane 79 Page 27 of 44 The City and RCFPD of Rancho Cucamonga Request for Proposal ("RFP")#20/21-005 for Americans with Disabilities Act(ADA) Self-Evaluation and Transition Plan complete and detailed bicycle facility survey. An electronic copy of the inventory list and/or map are included in the Attachments. • Bicycle Facility Types • Arrival Points • Path of Travels • Slopes • Widths • Signs 4.3.4.3.4.6. MULTI-USE TRAILS A total of 19 miles of multi-use trails are existing. The City and RCFPD contains various multi-use trails (i.e. Regional, Community, and Horse) that serve pedestrians, bicycles, and/or equestrians. The Consultant shall inventory the Pacific Electric Trail and portions of the San Bernardino County Flood Control District Channels that serve as accessible multi-use trails. The Consultant shall perform a complete and detailed multi-use trail survey. An electronic copy of the inventory list and/or map are included in the Attachments. • Multi-Use Trail Types • Arrival Points • Path of Travels • Slopes • Widths • Signs 4.3.4.3.4.7.ON-STREET PARKING The City and RCFPD does not have an existing on-street parking inventory nor is it possible to provide a rough estimate. However, the Metrolink Station which is jointly owned but the City and RCFPD maintains the facility has approximately 960 stalls. For any remaining on-street parking stalls that exist(adjacent to certain residential developments) though no inventory, the Consultant will be required to identify, determine and include those stalls to the Project. The Consultant shall perform a complete and detailed on-street parking stall survey. • Designated Space Types • Arrival Points • Path of Travels • Slopes • Widths • Signs Pane sn Page 28 of 44 The City and RCFPD of Rancho Cucamonga Request for Proposal ("RFP")#20/21-005 for Americans with Disabilities Act(ADA) Self-Evaluation and Transition Plan • Quantity The Consultant shall review aerial images to identify areas of existing marked on-street parking stalls. The Consultant shall evaluate and advise the City and RCFPD if additional accessible parking spaces are required. 4.3.4.4. PHYSICAL SURVEY REPORTS The Consultant shall document the results from each physical survey conducted. The Consultant shall produce a binder for each grouped facility listed below that summarizes a narrative for the scope of work performed under Task 4 Physical Barrier Surveys and Reports. All pertinent information such as inventory, facility diagrams and physical surveys will be listed and mapped in ArcGIS and added to the City and RCFPD's website for public reference. • City and RCFPD Facilities • Fire Stations • City and RCFPD Parks • City and RCFPD Right-of-Way 4.3.4.5. DELIVERABLES • Inventory List in Microsoft Excel and ArcGIS Formats • Facility Diagrams in Microsoft Excel and ArcGIS Formats • Physical Surveys in Microsoft Excel and ArcGIS Formats 4.3.5. TASKS:SELF-EVALUATION AND TRANSITION PLAN REPORTS 4.3.5.1.SELF-EVALUATION PREPARATION The Consultant shall review, identify and summarize the City and RCFPD's policies, practices and procedures for all the City and RCFPD's programs, activities and services. In addition, an assessment shall be conducted to determine if any City and RCFPD policies, practices and procedures are found to be discriminatory. If so, the Consultant shall provide recommendations to modify the City and RCFPD's policies, practices and procedures in order to confirm ADA compliance. 4.3.5.2.TRANSITION PLAN PREPARATION The Consultant shall identify physical barriers that limit the accessibility of City and RCFPD programs, activities and services to any individual with disabilities. A detailed description of methods and procedures to upgrade Pane Al Page 29 of 44 The City and RCFPD of Rancho Cucamonga Request for Proposal ("RFP")#20/21-005 for Americans with Disabilities Act(ADA) Self-Evaluation and Transition Plan accessibility shall be documented. The Consultant shall identify the necessary steps required to implement any accessibility improvements that exceeds over one (1) year. The Consultant shall include the following, but not limited to: • Methodology for evaluating and prioritizing physical barrier improvements • Procedures and forms for monitoring, supplementing, and filing requests • Schedules and cost estimates for enhancements • Schematics, concepts and standard drawings for corrections • Identify the responsible party for implementing the ADA plans • List references and contact information for ADA resources The Consultant shall collaborate with staff or department(s) to prioritize removal of physical barriers at each facility. The Consultant shall consider past, current and future City and RCFPD planning activities.This includes, but not limited to: • 1991 Trails Implementation Plan • 2010 General Plan • 2015 Circulation Master Plan for Bicyclists & Pedestrians • 2020 General Plan Update (Pending) • Capital Improvement Program (CIP) The Consultant shall work with City and RCFPD staff or department(s) to identify capital projects that can be altered to include physical barrier removal as well as recommend new capital projects that better align with the Transition Plan as well as the City and RCFPD's CIP budget. 4.3.5.3. DRAFT ADA SELF-EVALUATION AND TRANSITION PLAN REPORT The Consultant shall compile and submit a Draft ADA Self-Evaluation and Transition Plan to City and RCFPD staff for review. The City and RCFPD will have 30 calendar days to review and provide comments to the Consultant. 4.3.5.4. FINAL ADA SELF-EVALUATION AND TRANSITION PLAN REPORT The Consultant shall address the City and RCFPD comments and submit a Final ADA Self-Evaluation and Transition Plan to City and RCFPD staff for review.The City and RCFPD will have 30 calendar days to review and provide final comments to the Consultant. 4.3.5.5. DELIVERABLES • Draft ADA Self-Evaluation and Transition Plan Report in Microsoft Word Format • Final ADA Self-Evaluation and Transition Plan Report in Microsoft Word Format Pane $9 Page 30 of 44 The City and RCFPD of Rancho Cucamonga Request for Proposal ("RFP")#20/21-005 for Americans with Disabilities Act(ADA) Self-Evaluation and Transition Plan 4.3.6. INVENTORY DATABASE AND MAPPING 4.3.6.1. DATABASE The Consultant shall develop a database in ESRI ArcGIS formats. The database shall be used to administer ongoing monitoring and updating as required to make a "livable" document. Further, the database shall include all aspects of the Transition Plan as mentioned in major and minor tasks above including measurements and pictures. It is expected that the database will become the City and RCFPD's property after completion. 4.3.6.2. ARcGIS The Consultant shall provide the inventory and data in an ESRI ArcGIS platform.The Consultant shall collaborate with the City and RCFPD's Department of Innovation and Technology(DoIT)to verify data requirements toward future incorporation into the City and RCFPD's ArcGIS system. Both a draft and final inventory database and mapping shall be submitted to the City and RCFPD for review. The City and RCFPD will have 30 calendar days to review and provide comments to the Consultant in-between submittals. Additionally, the Consultant shall update or create inventory lists and maps utilizing the ArcGIS system. The inventory lists and maps shall display the physical barrier, description, cost estimate, schedule and any other pertinent information required in the Transition Plan. ArcGIS inventory lists and maps to be updated or created include, but not limited to: • City and RCFPD Facilities • Fire Stations • City and RCFPD Parks • City and RCFPD Right-of-Way o Sidewalk o Curb Ramps o Traffic Signals o Pedestrian Bridges o Bicycle Facilities o Multi-Use Trails o On-Street Parking 4.3.6.3. DELIVERABLES • Draft Inventory Database and Mapping in Microsoft Excel and ArcGIS Formats • Final Inventory Database and Mapping in Microsoft Excel and ArcGIS Formats 4.3.7. TRAINING Pane 83 Page 31 of 44 The City and RCFPD of Rancho Cucamonga Request for Proposal ("RFP")#20/21-005 for Americans with Disabilities Act(ADA) Self-Evaluation and Transition Plan 4.3.7.1.TRAINING The Consultant shall include training key personnel (either in-person or virtually for social distancing) toward the ADA Self-Evaluation and Transition Plan. The intent is to teach key personnel the ability to use, maintain, and update the ADA Self-Evaluation and Transition Plan. A total of one (1) thorough training shall be conducted to include, but not limited to: • Review Federal and/or State accessibility standards and codes • Modify City and RCFPD programs, services, and activities • Update Transition Plan inventory list and mapping • Monitor and update the ADA Self-Evaluation and Transition Plan 4.3.7.2. DELIVERABLES • Draft Inventory List and Mapping in ArcGIS Format • Final Inventory List and Mapping in ArcGIS Format • Hardcopy and electronic copy of required training material in any suitable formats 4.3.8. ON-CALL ADA SUPPORT(OPTIONAL) 4.3.8.1.ON-CALL ADA SUPPORT The Consultant shall include a line item in their proposal for possible On-Call ADA Support. Scope of work shall primarily be providing ongoing technical support to staff or department(s) after the Project has been accepted by the City and RCFPD. The Consultant shall be responsible for tracking hours on a time and material basis. 4.4. ATTACHMENTS A. 1997 ADA Self-Evaluation and Transition Plan B. 1998 ADA Self-Evaluation and Transition Plan C. 1991 Trials Implementation Plan D. 2010 General Plan E. 2015 Circulation Master Plan for Bicyclists & Pedestrians F. 2020 City and RCFPD Facilities, Fire Stations, City and RCFPD Parks and City and RCFPD Right-of-Way Inventory Lists and Maps G. 2020 General Plan Update (Pending) H. Capital Improvement Program (CIP) I. Professional Services Agreement Pane 84 Page 32 of 44 The City and RCFPD of Rancho Cucamonga Request for Proposal ("RFP")#20/21-005 for Americans with Disabilities Act(ADA) Self-Evaluation and Transition Plan S. EVALUATION AND CONSULTANT 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: Criteria Assigned Criteria Description Percentage Consultant Expertise 30 Quality of proposed services or goods 30 Extent to which the Consultants services or goods meet the City and 30 RCFPD and RCFPD's needs 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. 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 Consultant'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 Pane g5 Page 33 of 44 The City and RCFPD of Rancho Cucamonga Request for Proposal ("RFP")#20/21-005 for Americans with Disabilities Act(ADA) Self-Evaluation and Transition Plan the criteria scores. It is imperative that Consultants provide up to date and accurate information regarding contact information for reference checks. All scores are then tabulated into the final Consultant ranking. Evaluators do not see the Consultant 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 and RCFPD and RCFPD'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 Consultants will be provided an opportunity to interview and conduct a demonstration or presentation to further expand on their RFP response. Consultant 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 Consultants 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 and RCFPD and RCFPD Finance Department. Should a Consultant 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 Consultant on the short-list: • A copy of the Consultant'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, Consultant 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 Consultant. • Indicate all applicable information regarding Consultant ownership changes in the last three (3) years. 5.7. BEST AND FINAL OFFER Upon completion of Consultant presentations, the City and RCFPD and RCFPD reserves the right to conduct pre- award discussions and/or pre-contract negotiations with all or only top ranked Consultants. At which time the City and RCFPD and RCFPD may request a Best and Final Offer to be submitted from one or all finalists. Pane AR Page 34 of 44 The City and RCFPD of Rancho Cucamonga Request for Proposal ("RFP")#20/21-005 for Americans with Disabilities Act(ADA) Self-Evaluation and Transition Plan 5.H. CONSULTANT SELECTION The final Consultant selection is based on which Consultant is the most responsive, meeting the City and RCFPD and RCFPD 's requirements, offering the best value at the most competitive price. The City and RCFPD and RCFPD is not obligated to award to the lowest price proposal. The City and RCFPD and RCFPD may conduct negotiations with several Consultants simultaneously. The City and RCFPD and RCFPD may also negotiate contract terms with the selected Consultants prior to award. The City and RCFPD and RCFPD, 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 and RCFPD and RCFPD. 5.9. LETTER OF INTENT TO AWARD After a final Consultant selection is determined, a Letter of Intent to Award (LOI)will be posted for review by all participating, responsive Consultants. Negotiations shall be confidential and not subject to disclosure to competing Consultants unless an agreement is reached. If contract negotiations cannot be concluded successfully, City and RCFPD and RCFPD may negotiate a contract with the next highest scoring Consultant or withdraw the RFP entirely. Pane $7 Page 35 of 44 The City and RCFPD of Rancho Cucamonga Request for Proposal ("RFP")#20/21-005 for Americans with Disabilities Act(ADA) Self-Evaluation and Transition Plan "EXHIBIT A, CITY AND RCFPD AND RCFPD OF RANCHO CUCAMONGA CONFLICT OF INTEREST/NON- DISCLOSURE STATEMENT" It is the policy of the City and RCFPD and RCFPD to prevent personal or organizational conflict of interest, or the appearance of such conflict of interest, in the award and administration of City and RCFPD and RCFPD Contracts, including, but not limited to Contracts for Professional Services Agreements ("PSA") with potential Consultants. I do not have specific knowledge of confidential information regarding RFP responses received in response to the Request for Proposal ("RFP") #20/21-005 for Americans with Disabilities Act (ADA) Self-Evaluation and Transition Plan. 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. (Print Name) (Relationship to the City and RCFPD and RCFPD) (Relationship to the Consultants) (Signature) (Date) Exhibits are not to be included in your bid response. All referenced Exhibits must be submitted in Planet Bids system under the Response Types, Exhibits A —H. Pane As Page 36 of 44 The City and RCFPD of Rancho Cucamonga Request for Proposal ("RFP")#20/21-005 for Americans with Disabilities Act(ADA) Self-Evaluation and Transition Plan "EXHIBIT B, PROFESSIONAL SERVICES AGREEMENT EXCEPTIONS SUMMARY" Mark the appropriate choice, below: Consultants accepts the PSA without exception. OR Consultants 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 Consultants' 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 Exhibits are not to be included in your bid response. All referenced Exhibits must be submitted in Planet Bids system under the Response Types, Exhibits A —H. Pane $�q Page 37 of 44 The City and RCFPD of Rancho Cucamonga Request for Proposal ("RFP")#20/21-005 for Americans with Disabilities Act(ADA) Self-Evaluation and Transition Plan "EXHIBIT C, ACKNOWLEDGMENT OF INSURANCE REQUIREMENTS AND CERTIFICATION OF ABILITY TO PROVIDE AND MAINTAIN COVERAGES SPECIFIED" I, 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") #20/21-005 for Americans with Disabilities Act (ADA) Self-Evaluation and Transition Plan have been read and understood and that our Consultants is able to provide and maintain the coverage as specified in the PSA. Failure to provide said coverage, upon request 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 Exhibits are not to be included in your bid response. All referenced Exhibits must be submitted in Planet Bids system under the Response Types, Exhibits A —H. Pane gn Page 38 of 44 The City and RCFPD of Rancho Cucamonga Request for Proposal ("RFP")#20/21-005 for Americans with Disabilities Act(ADA) Self-Evaluation and Transition Plan "EXHIBIT D, ADDENDUM ACKNOWLEDGEMENT" The Consultants hereby acknowledges the following Addenda Number(s)to this RFP have been received, if any. Consultants understands failure to acknowledge any addenda issued may cause the RFP response to be considered non-responsive. It is the Consultants' responsibility to log into the Bid System to identify and download the number of addenda that have been posted. Signature Printed Name Title Date Exhibits are not to be included in your bid response. All referenced Exhibits must be submitted in Planet Bids system under the Response Types, Exhibits A —H. Pane 91 Page 39 of 44 The City and RCFPD of Rancho Cucamonga Request for Proposal ("RFP")#20/21-005 for Americans with Disabilities Act(ADA) Self-Evaluation and Transition Plan "EXHIBIT E, DEBARMENT and SUSPENSION CERTIFICATION FORM" I certify that neither (Consultant) 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 Consultant nor any of its proposed subcontractors are tax delinquent with the State of California. I acknowledge that if Consultants or any of its subcontractors subsequently are placed under suspension or debarment by a local, state or federal government entity, or if Consultants or any of its subcontractors subsequently become delinquent in California taxes, our Proposal will be disqualified. Signature Printed Name Title Date Exhibits are not to be included in your bid response. All referenced Exhibits must be submitted in Planet Bids system under the Response Types, Exhibits A —H. Pane 9� Page 40 of 44 The City and RCFPD of Rancho Cucamonga Request for Proposal ("RFP")#20/21-005 for Americans with Disabilities Act(ADA) Self-Evaluation and Transition Plan "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 and RCFPD and RCFPD 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 Consultants. Successful Consultants will extend prices as proposed herein to other governmental agencies, please specify. YES NO Exhibits are not to be included in your bid response. All referenced Exhibits must be submitted in Planet Bids system under the Response Types, Exhibits A —H. pane 93 Page 41 of 44 The City and RCFPD of Rancho Cucamonga Request for Proposal ("RFP")#20/21-005 for Americans with Disabilities Act(ADA) Self-Evaluation and Transition Plan "EXHIBIT G" 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 and RCFPD 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. I III J J 1 J J11J11J1 1 i 11 � 1lIIIIIIIl � 1l � Jl � lllll � ll 1IIII1 � � 1 � 1I111 � 111II � 111IIII IIIIIII�JI�J��Jl�1l�JlIIIII�IIIIIIIIII�II�Jl�lllllll�Jl�J��J1�11�Jl�J�JJ�JJ��JIIJ��IIIIIJIIll11IIlI�JI�J��JI�II�J 11I�111I�II��I�IIIII�II�1I111�111II�1111�11111��I�111111�1111111��11111I11111I�II��I�11�1111111I�111I�II��I�IIIIIi� Company Name Contact Name and Title Company Address Contact Telephone Number Contact Email Description of Comparative Services and Project Cost(please be specific) III I I 1 J J 1 11, I I l u l l ( l I ( l � �l�ll��llllll�llllllllll�ll��l�lllllll1�11��1�J�J��JJ���IIJ��IIIII�IIIIIIIIII��I�J���l�ll� Company Name Contact Name and Title Company Address Contact Telephone Number Contact Email Description of Comparative Services and Project Cost(please be specific) Page 94 Page 42 of 44 The City and RCFPD of Rancho Cucamonga Request for Proposal ("RFP")#20/21-005 for Americans with Disabilities Act(ADA) Self-Evaluation and Transition Plan IIIIIIIIIIIIIIIIIIIIIIIUIIIIIIIIUIIIIIIIIIIIIIIIIIIIIIIIIIIIICompany Name 76���������������������������������000iG����������������Gi�G Contact Name and Title Company Address Contact Telephone Number Contact Email Description of Comparative Services and Project Cost (please specific) Company Name IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII Contact Name and Title Company Address Contact Telephone Number Contact Email Description of Comparative Services and Project Cost(please be specific) Exhibits are not to be included in your bid response. All referenced Exhibits must be submitted in Planet Bids system under the Response Types, Exhibits A —H. Page 95 Page 43 of 44 The City and RCFPD of Rancho Cucamonga Request for Proposal ("RFP")#20/21-005 for Americans with Disabilities Act(ADA) Self-Evaluation and Transition Plan "EXHIBIT H, 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 CONSULTANT 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 and RCFPD,State,Zip) Telephone#: Fax#: E-mail address: Web Address: Authorized Representative:(print) Title: Signature: Date: Exhibits are not to be included in your bid response. All referenced Exhibits must be submitted in Planet Bids system under the Response Types, Exhibits A —H. Page 96 Page 44 of 44 CUCAMONGA Addendum No. 001 Request for Proposal ("RFP") #20/21-005 For Americans with Disabilities Act (ADA) Self-Evaluation and Transition Plan August 4, 2020 Re: Invitation Number Ladies and Gentlemen: This Addendum will address a correction made to the RFP Invitation Number. The correct Invitation number, RFP #20/21-005, is listed on the RFP document and will now match the RFP number listed in the bid system. The due date and time for RFP#20/21-005 remains as indicated in the RFP Schedule of Events. If there are any questions regarding this Addendum, please contact Hector Velazquez, Procurement Technician at (909) 774-2508 Sincerely, Hector Velazquez, Procurement Technician City of Rancho Cucamonga Procurement Division Page 97 CUCAMONGA Addendum No. 002 Request for Proposal ("RFP") #20/21-005 For Americans with Disabilities Act (ADA) Self-Evaluation and Transition Plan August 13, 2020 Re: Questions/Answers/Clarifications Ladies and Gentlemen: This Addendum will address questions and clarification requests as submitted by Consultants. Only those questions submitted in writing are being addressed and can be found in the below table. The due date and time for RFP#20/21-005 remains as indicated in the RFP Schedule of Events. If there are any questions regarding this Addendum, please contact Hector Velazquez, Procurement Technician at (909) 774-2508 Sincerely, Hector Velazquez, Procurement Technician City of Rancho Cucamonga Procurement Division Page 98 City of Rancho Cucamonga Addendum 002 for Request for Proposal (RFP)#20/21-005 For Americans with Disabilities Act(ADA) Self-Evaluation and Transition Plan Questions/Clarifications Question(s)/Clarification(s) Answer(s)/Comment(s) RE: 3.15 Company References We don't have 4 It is a requirement, if you do not meet the 1. transition plans within the 3 year timeframe. How requirement it will be taken into consideration and strict of a requirement is this?. weighed against other competing consultants. RE:4.3.4.3.4.1 Sidewalks Can we use an alternative No. Sidewalk survey must be compatible with 2' method (alternative to ArcGIS)? ArcGIS. We are inquiring as to whether the website scope 3. is to identify accessibility barriers only?Or, is the Website scope is to check accessibility barriers with design/development of an accessible website part City's newly created website. of the scope,as well? Will the City provide GIS shapefile layers of all their Yes,City will provide available GIS shapefile layers to 4' RCFPD buildings,fire stations and parks? the Consultant. Will the City provide a list or GIS shapefile layer of Yes,City will provide available GIS shapefile layers to 5' all the signalized intersections? the Consultant. Will the City provide GIS shapefile layers of Yes,City will provide available GIS shapefile layers to 6' sidewalks, bicycle facilities and multi-use trails? the Consultant. The RFP states 16,948,800 sq ft of sidewalk can the There is roughly 535 centerline street miles. With 4- 7. City confirm how many centerline miles of sidewalk foot minimum sidewalks (for each side of the street),the estimated sidewalk inventory should be they have? 22,598,400 sq.ft. Section 4.1 of the RFP states"The Consultant will be required to submit a fixed fee and schedule that The Line Item tab has been updated to include separates the Project into three(3) priority separate lines for Phase I, II,and III.Consultants will phases...". Is the City looking for the entire three- phase fixed fee in the top box? For the Additional still be required to submit a fixed fee and schedule 8' in their RFP response.The'Additional Charges' lines Charges rows,are these for services that are in addition to those outlined in the City's scope of are for any extra charges that a consultant may services?Or,are the three Additional Charges rows charge aside from services outlined in the Scope of for the breakout of fixed fee for each of the three Services. phases? Concerning the timeline,what are the anticipated 9, start dates of Phase II and III?Or is the City only Unknown at this time. City is interested in duration for entire project separated by each phase. interested in duration? Page 2 of 5 Page 99 City of Rancho Cucamonga Addendum 002 for Request for Proposal (RFP)#20/21-005 For Americans with Disabilities Act(ADA) Self-Evaluation and Transition Plan What is the anticipated percentage of sidewalks The sidewalk survey area to be sampled is bounded within the right of way the City intends on having between Highland Avenue to Banyan Street (north 10. 'sampled' as noted in section 4.3.4.3.4.1 of the to south) and Beryl Street to Hellman Avenue (east RFP? to west). Lions East 12,000 sq.ft. City Hall 100,000 sq.ft. City Corp.Yard 17,649 sq.ft. RCFSC N/A Lions West 10,228 sq.ft. Animal Center 14,480 sq.ft. Can the City provide the square footage for Archibald Library 25,498 sq.ft. 11. buildings to be assessed? Epicenter 14,000 sq.ft. (stadium only,does not include maintenance yard) PD main station 40,000 sq.ft. Resource Center 10,361 sq.ft. VGCC 67,000 sq.ft. Brulte Senior Center and Lewis Comm.Center 57,000 sq.ft.total (combined) Biane Library 24,000 sq.ft. Bear Gulch Park 5 ac Beryl Park East 10 ac Beryl Park West 10 ac Central Park 35 ac Church Street Park 6.5 ac Coyote Canyon Park 5 ac Cucamonga/Demens Trail Rest Park 0.2 ac Ellena Park 6.5 ac Etiwanda Creek Park 12 ac Can the City provide the number of acres per park 12. Golden Oak Park 5 ac and amenities that need to be assessed? Heritage Park 40 ac Hermosa Park 10 ac Kenyon Park 6.5 ac Lions Park 1.5 ac Milliken Park 10 ac Mountain View Park 5 ac Old Town Park 5 ac Ralph M. Lewis Park 9.5 ac Red Hill Park 44 ac Page 3 of 5 Page 100 City of Rancho Cucamonga Addendum 002 for Request for Proposal (RFP)#20/21-005 For Americans with Disabilities Act(ADA) Self-Evaluation and Transition Plan Spruce Park 5 ac Victoria Groves Park 6.5 ac Vintage Park 6.5 ac West Greenway Park 5 ac Windrows Park 8 ac Day Creek Park 11 ac Victoria Arbors Park 8 ac Legacy Park 3.7 ac Rancho Summit Park 6.6 ac Olive Grove Park 7.9 ac Garcia Park 5 ac Los Amigos Park 3.3 ac 13. Anticipated project start date Estimated to be November 2020 14. Target completion date Estimated to be one year for each phase; from November 2021 thru 2023 Target is to award Phase I (Facilities and Fire 15. Can the City provide their budget for this project? Stations) budgeted at $400K. Though, City will consider awarding Phase 11 (Right-of-Way) and/or Phase III (Parks)for a total budget of$800K. 16. Does the City have tentative interview dates? Not at this time. We understand that there is 16,948,800 sq ft of It should equal to roughly 535 centerline street 17, sidewalk;can you confirm if that equates to miles.With 4-foot minimum sidewalks(for each side of the street), the estimated sidewalk inventory approximately 1,070 miles of sidewalk? should be 22,598,400 sq.ft. We understand that there is 81 miles of bike path; 18, can you confirm if it is for pedestrians and if it This primarily comprises of Class 2 (Bike Lane) and should be included in the fee proposal? Class 3 (Bike Route)facilities. Section 4.3.4.3.4.E identifies 19 miles of multi-use Regional/Equestrian multi-use trails are estimated 19. trails;can you provide the breakdown by use(e.g., at 16 miles. Community multi-use trail is estimated Regional/Community/Equestrian)? at 3 miles. Pedestrian accessibility should be evaluated for hardscape trail surfaces. 20. Does the City have an existing GIS system? Yes, ESRI ArcGIS platform. 21 Pricing will vary based on reporting structure and Noted. level of detail. Does the City want items that comply reported as Yes,will need to check existing items that comply as 22. well as those that do not comply? well as those that do not comply. Page 4 of 5 Page 101 City of Rancho Cucamonga Addendum 002 for Request for Proposal (RFP)#20/21-005 For Americans with Disabilities Act(ADA) Self-Evaluation and Transition Plan Will the City want everything held to a zero City will recognize de minimis barrier tolerances 23. tolerance or recognize de minimis barriers? (negligible amount)and will be reviewed by the City Attorney before commencing work. Will the City want Executive Summaries for each 24. Yes,will need Executive Summaries for each facility. building? Does the City have a "Liaison"team(member from 25, each major dept)set up to advise through this No, this is a part of the scope of work. See Section process? 4.3.3.2 Selecting Key Personnel. Does the City have an existing Mayor's committee 26, or advisory board made up of people with varying No. disabilities? Does the City need their Emergency Plan evaluated The Fire District's Emergency Operation Plan will 27' for compliance? need to be evaluated for ADA compliance. Does the City have any ownership in Public 28. Transportation? If so,will that need to be Yes, on a limited basis mostly recreational shuttle services which will need to be evaluated. included? City public transit stops are owned,maintained and Does the City own, maintain or operate public operated by Omnitrans. Though, the City jointly 29. transit stops on city property? owns the Metrolink Station and is responsible for maintaining the facility (sidewalk, pavement, striping,etc.)outside the platform area. Does the City have any ownership of public 30. No. housing? 31 Does the City want their website(s) reviewed? Yes, check accessibility barriers against newly created website. Page 5 of 5 Page 102 CUCAMONGA Addendum No. 003 Request for Proposal ("RFP") #20/21-005 For Americans with Disabilities Act (ADA) Self-Evaluation and Transition Plan August 13, 2020 Re: Line Items Ladies and Gentlemen: This Addendum will address the changes made to the Line Items Tab. The line items have been updated so that Consultants can break out their pricing by Priority Phase in accordance with Section 4.1. of the RFP. The Consultant is still required to submit a fixed fee and schedule that separates the Project into three (3) priority phases in their RFP response. The due date and time for RFP#20/21-005 remains as indicated in the RFP Schedule of Events. If there are any questions regarding this Addendum, please contact Hector Velazquez, Procurement Technician at (909) 774-2508 Sincerely, Hector Velazquez, Procurement Technician City of Rancho Cucamonga Procurement Division Page 103 CONSULTANT PROPOSAL EXHIBIT "A-2" Page 104 I i r� %/ ■ Win �,J�w�r>v�,n��l 1?'' 6fl II Y rr, Diu V, I. lY ��IIIIIIIIIIII ' OWEN GROUP,LP I A BUREAU VERITAS GROUP COMPANY CITY OF RANCHO CUCAMONGA AND RCFPD ADA#20/21-005 ,,,,,,,I,I,�,,,I,,,I,,,,,,,,,,�,I,,,,,,,,,,,,,,,,,,,,,,,,,,,, U ,,,,,,,, EEMEEZ:=August 24, 2020 I...IIIIIIIIIII ..II IIIIIIIIIIIIIIII�IIIIIIII II A BUREAU VERITAS GROUP CON PANY City and RCFPD of Rancho Cucamonga 220 Technology Dr., Suite 100 Attn: Hector Velazquez Irvine, CA 92618 10500 Civic Center Drive www.owengroup.com Rancho Cucamonga, California 91730 949.860.4810 RE: AMERICANS WITH DISABILITIES ACT(ADA) SELF-EVALUATION AND TRANSITION PLAN FOR CITY AND RCFPD OF RANCHO CUCAMONGA RFP#20/21-005 Dear Mr. Velazquez, An important step for municipalities and other public agencies such as the City of Rancho Cucamonga is to enact the Americans with Disabilities Act (ADA) so that all people, particularly those with disabilities, have physical access to facilities. Owen has performed self-evaluations of buildings, supporting facilities, and all areas for municipalities, including facilities, parks, and the public right-of-way. Our ADA compliance staff perform field investigations and assessments to provide the basis for identifying, prioritizing, budgeting, and implementing plans. This process will assist the City of Rancho Cucamonga in your efforts to comply with accessibility requirements and removal of ADA barriers, as required by all current ADA standards Established in 1981, Owen, a Bureau Veritas company, is an architectural, engineering, and compliance firm. As a leader in ADA compliance, we understand the challenges people with disabilities face each day in attempting to access civic life. We retain in-house Certified Access Specialists (CASp)who are well versed with 2010 ADA Standards for Accessible Design, the Public Rights of Way Guidelines (PROWAG) from the Federal Access Board, California Code of Regulations/Title 24 CBC, and the Federal Highway Administration's (FHWA) California Edition of the Manual on Uniform Traffic Control Devised (CA MUTCD). Additionally, we have included sub-consultant Biz Builders, to provide website accessibility inspection. Owen's Project Manager and CASp, Sandra Miles, has over 29 years of experience in the architecture, engineering and construction industry and has specialized in site accessibility projects. In addition to her CASp certification, she is an Accessibility Plans Examiner and Inspector, and a certified ADA Coordinator. Owen has conducted ADA accessibility compliance-related services for the City of Temecula, Irwindale, Commerce, Culver City, and South Gate as well Los Angeles County Department of Public Works and Internal Services Department, Orange County Transportation Authority, just to name a few. Thank you for considering Owen. If you have any questions, please contact me at 858.344.1 171 or smiles@ owengroup.com. Sincerely, Richard Henrikson, PresideZPE, D AP Sandra Miles, CASp, ICC,Gen Group, Limlte�d Partn wen Group, Limited Partnership Page 106 1 OWEN GROUP,LP I A BUREAU VERITAS GROUP COMPANY CITY OF RANCHO CUCAMONGA AND RCFPD ADA#20/21-005 Ta ��b L e o 'If C o �n 'It e �n Its 1. Cover Letter/Introduction ........................................................................ 1 2. Executive Summary ................................................................................ 3 3. Experience................................................................................................. 4 4. Subcontractors.......................................................................................... 7 5. Staff Biographies ...................................................................................... 8 6. Proposal Response................................................................................21 7. Line Item Pricing .....................................................................................37 Page 107 2 OWEN GROUP,LP I A BUREAU VERITAS GROUP COMPANY CITY OF RANCHO CUCAMONGA AND RCFPD ADA#20/21-005 i � IIIIIII� a I�� 29 U.S.C. § 794. • Our team members have first hand knowledge of actual needs due to family members who are Owen Group Limited Partnership (Owen) is an disabled and we are actively involved disability ENR-rated, award-winning professional architectural, advocacy groups. multidisciplinary engineering, and construction 0 Knowledge of various alternative formats and services consulting firm. Over the past 30 years, alternative technologies that enable people with Owen has been ranked by ENR as a Top 500 disabilities to communicate, participate, and Engineering Firm, Top 100 Green Design Firm, and perform tasks. a Top 100 Construction Management Firm. We 0 Ability to work cooperatively with the local have provided studies, project and construction government and people with disabilities. management, project quality management, and 0 Familiarity with local disability advocacy groups design for over 10,000 projects since 1981. Under or other disability groups. Owen's compliance division, we have-provided full 0 Skills and training in negotiation and mediation. service ADA assessments/evaluation architectural design, design management, and construction As a division of Bureau Veritas (BV) Owen provides management services. unparalleled resources to manage projects and a broad range of expertise that we bring to the table. Owen understands that the scope of the work will The firm has been providing services to the City of include project management, public outreach and Rancho Cucamonga since 2014 currently having meetings, self-evaluation and programmatic review, contracts for Building and Fire Plan Review, as well physical barrier surveys and reports, self-evaluation as Development Plan Review. Additionally, another and transition plan reports, inventory database and part of the firm has provided ongoing Inventory mapping, training, and on-call ADA support. and Preventive Maintenance Plans with work being Owen's ADA division has had great success in completed in 2018. providing accessibility inspection services for BV has been providing services to the City of nearly 30 years. Our team understands that it will Rancho Cucamonga since 2014. We currently have lead the efforts in the development of the City's contracts for Building and Fire Plan Review, as well ADA Self Evaluation and Transition Plan and apply as Development Plan Check. federal and state ADA standards and codes, as well as the preparation of forms required for accurate data documentation. This is critical for accuracy of material to be included in the update of the Transition Plan. Owen's qualified staff will conduct field investigations of buildings, supporting facilities, and other structures, as well as areas within the public right-of-way, as outlined in RFP. Our Project Manager, Sandra Miles, CASp, ADAC, ICC, is a certified ADA Coordinator. The ADA Coordinator certification requirements includes a knowledge base the following items: • Familiarity with the state or local government's structure, activities, and employees. • Knowledge of the ADA and other laws addressing the rights of people with disabilities, including Section 504 of the Rehabilitation Act, Page 108 3 OWEN GROUP,LP A BUREAU VERITAS GROUP COMPANY CITY OF RANCHO CUCAMONGA AND RCFPD ADA#20/21-005 ® CASp, PE, and Brian Manternach, CASp, Jennifer Etten, CASp, as well as other key accessibility compliance specialists. Our approach is unique in that in addition to the construction related accessibility expertise, our staff brings hands on experience from behind the scenes within the city. Mary Wolford, CASp, ADAC worked for the City of San Diego through A/I0010/1- � ��� % many departments with her final years at the City serving as and ADA Compliance Officer and serving three years as interim ADA Coordinator. Mary ✓��/i9� it � G �VsN brings an understanding of what is required for implementation of the Self Evaluation and Transition plan. At times interacting with the Department of )J Il of i/r w / err Justice as the need may arise and overseeing the satisfy projects to j ro the fulfillment of the Transition p Y Owen Group, LP has been in business nearly Plan. Mary is very familiar with funding and can 40 years and has been providing accessibility bring a unique perspective to the project. inspection services for over 30 years. Our Both Sandra and Mary have been appointed by the experienced team is committed to providing quality Mayor and City Council having served on the City work with fine tuned ADA practices. The Owen team of San Diego Accessibility Advisory Board. This is also highly experienced and adaptable. experience can be used to assist the City of Rancho Owen has provided numerous ADA Self-Evaluation Cucamonga in helping set up a similar committee and Transition Plans for municipalities and public or board if the City so chooses. Additionally, these agencies. roles have created many opportunities for Sandra and Mary to provide a variety of training to City Our Project Manager, Sandra is an experienced staff and public outreach meetings that include the professional who will effectively handle a variety general public and a variety of advocacy groups. of responsibilities including the coordination We are excited to also include on our team our and development of ongoing efforts for full ADA website accessibility specialist, Biz Builders. compliance, as well as serving in a management and supervisory role. Other tasks required include This team has broad experience in inspecting arranging for and conducting training to City staff on hundreds of websites, optimizing the inspection accessibility regulations; conducting, coordinating approach, process, and deliverables to have the greatest benefit for on-going website accessibility. and monitoring architectural barrier surveys; developing processes for prompt fulfillment of The approach will allow the city to master the requests for alternative formats, and interpreting learning curve associated with achieving website accessibility beyond the scope of our inspection. services and other communication access needs; coordination in developing the required Transition Biz Builders testing criteria is a series of manual Plan to remove access barriers; and involvement processes, evaluating how websites perform with of the department's Disability Advisory Committee screen reader technology, keyboard-only usage, to facilitate policy formation and to review existing color contrast, and full browser compatibility. policies such as reasonable accommodation. Barriers and insights from the inspection are Sandra is supported by an experienced and highly manually converted into data for collation into qualified team of accessibility experts, including a variety of inspection deliverables to serve all additional CASps, Mary Wolford, CASp, ADAC, , clients, including decision-makers and technical Page 109 4 OWEN GROUP,LP I A BUREAU VERITAS GROUP COMPANY CITY OF RANCHO CUCAMONGA AND RCFPD ADA#20/21-005 11 development professionals. This addition will 0 Ventilation Systems ensure proper website inspection with a skilled and 0 Air Condition Systems experienced team. 0 Electrical In addition to the numerous ADA Self Evaluation Building Automation Systems and Transition Plans Owen has provided, Owen • Plumbing has served as a technical resource for project Life/ Safety compliance providing QA/QC review of Public • Vertical Transportation Works departments including the City of San • Equipment Diego through the Accessibility Advisory Board BV (formerly EMG) prepared preventive maintenance and the City of Chino Public Works Department (PM) schedules to identify required procedures and providing comprehensive reviews in a timely manner inspections required to maintain facilities systems and training to City staff. We are often asked to in safe, reliable and efficient condition. Maintenance represent the city at City Council meetings for procedures were supplied for main components of technical expertise as matters arise. each major building system. We bring trails and parks experience to this Services: project. Sandra has worked on park master 0 Equipment and Asset Inventory plan accessibility compliance projects ranging 0 Preventive Maintenance Plans from small neighborhood parks to large historic stadiums at Balboa Park, tennis courts, swimming Building Types: pools, children tot lots and play area, waterfront 0 Essential Facilities parks and beaches and boat docks. These have 0 Recreation Libraries been reviewed and assessed for state and federal 0 Parking Structures compliance. For items that are not technically 0 Fire Stations (7) specified in either the California Building Code or CITY OF POMONAADA SELF-EVALUATION AND the ADA Standards, we refer to the "Standards for Outdoor Developed Areas". Whiles these Standards TRANSITION PLAN have only been adopted for federal projects on Owen provided a comprehensive ADA Self- federal property we feel that this allows City's to Evaluation and Transition Plan for the City of be in compliance when in the future these are Pomona. The assessment included City facilities, adopted on a more local level. Of course with each parks, and right-of-way. Programs, Policies, Self Evaluation and Transition plan all parks within and Procedures assessment includes City the City are assessed along with the programs services, activities, employment practices, and associated with each park. communications addressed by ADA regulations. Owen developed a Transition Plan with estimated CITY OF RANCHO CUCAMONGA PROJECT costs, which includes the involvement and input of EXPERIENCE City staff and the public through public workshops. BV (formerly EMG)*worked with Dude Solutions to CITY OF CHINO ON-CALL ACCESSIBILITY DESIGN collect facility attributes for upload into the city's DRAFTINGAND PLAN CHECK SERVICES CMMS platform (FacilityDude). Owen is currently providing on-call accessibility The assessment team collected information on the design, drafting and plan check services for ADA major pieces of facility equipment. Specifically, the grievance projects and pedestrian accessibility data collection focused on collection make, model, for public works capital improvement projects. The manufacturer, and serial number for the following project includes scope, design and construction components: of new improvement and alteration projects • Heating Systems in compliance with Federal, State and Local Page110 5 OWEN GROUP,LP I A BUREAU VERITAS GROUP COMPANY CITY OF RANCHO CUCAMONGA AND RCFPD ADA#20/21-005 11 accessibility regulations; including Americans with work with fine tuned ADA practices. The Owen team Disabilities Act, California Building Code and the is also highly experienced and adaptable. City of Chino ordinances and policies. Owen has experience providing numerous ADA Self- CITY OF GARDEN GROVE FACILITY CONDITION Evaluation and Transition Plans for municipalities ASSESSMENTAND ADA SELF-EVALUATION AND and public agencies. TRANSITION PLAN The City awarded BV (formerly EMG)with a contract LITIGATION for ADA Evaluation and Transition Plan services Owen has no client-based legal action against our and an additional option for Facility Condition firm that may adversely affect our performance or Assessments to be concurrently conducted. completion of the District contract or any services BV (formerly EMG) helped the City of Garden performed on behalf of the District. Further, Owen Grove comply with all aspects of ADA, the State of had never had a contract terminated for cause California, and local accessibility regulations with by any public agency. Owen has never filed for regards to its public buildings. Our assessments bankruptcy. culminated in the production of an ADA Transition Owen was named in a lawsuit (co-defendant to Plan, which will include a schedule of improvements Vanir CM and LA Metro as the design consultant, necessary to meet the ADA requirements, along with multiple other firms, for Case Smith associated order of magnitude cost estimates for vs. LA Metro) by a worker for a work-related barrier removal, a prioritized list of improvements, accident. Owen was improperly named as a general and a timeline for completion of needed contractor. As architect, we had no purview over improvements or modifications. work and safety and we were dismissed from the We were also awarded additional services to lawsuit. perform ADA Surveys of PROW within +/- 1,200 feet Owen is a Limited Partnership company that is a of 35 city-owned sites to meet the requirements division of Bureau Veritas Group company, acquired of Section 9.3 of the Local Assistance Procedure in March 2019. Manual as published by the California Department of Transportation. This included the recording of sidewalk slope and cross-slope data, path of travel barriers, and curb ramp compliance. BV (formerly EMG)was additionally asked to provide Facility Condition Assessment services which included a life cycle analysis, inventory of assets, and a capital plan with recommendations for repair and replacements over the next 20 years. The assessment included looking at essential facilities, recreational sites, water division assets, and other community structures. BV's (formerly EMG) assessors looked at all major building systems including building envelope, infrastructure, MEP, and interiors. Owen Group, LP has been in business nearly 40 years and has been providing accessibility inspection services for over 30 years. Our experienced team is committed to providing quality Page111 6 OWEN GROUP,LP I A BUREAU VERITAS GROUP COMPANY CITY OF RANCHO CUCAMONGA AND RCFPD ADA#20/21-005 11 OE= JR CONKEY JR Conkey will be providing cost estimating solutions for the City. Owen has worked with JR Conkey for many years for several projects and has great success in collaborating with the team and completing quality work. �f d CLIENT REFERENCES Eric Glass Glass Architects/Jeff Katz Architecture 200 E. Street, Santa Rosa, CA 95404 eglass@glassarchitects.com 707.544.3920 BIZ BUILDERS Owen has experience working with Biz Builders, Tyler Babcock MFDB who will be providing website inspection 111 Scripps Drive, Sacramento, CA 95825 accessibility for the city. Biz Builders's unique tbabcock@MFDB.com approach and sustainable inspection technique will 916-972-0131 (ext.17) allow the city efficient and clear inspection of newly Dan Dameron created website. MFDB 111 Scripps Drive, Sacramento, CA 95825 CLIENT REFERENCES ddameron@mfdb.com Anthony Trumbo 916-972-0131 (ext 16) Sr. Director of Educational Technology and Information Systems Ruth Todd Page and Turnbull The Bishop's School 170 Maiden Lane, 5th Floor, San Francisco, 7607 La Jolla Blvd. California 94108 La Jolla, CA 92037 ruthtodd@page-turnbull.com trumbot@bishops.com 415.593.3234 858. 875.0835 Mark R. Gibson, Esq. Bradley, Curley, Barrabee & Kowalski, P.C. 1100 Larkspur Landing Circle, Suite 350 Larkspur, CA 94939 MGibson@professionals-law.com 415.464.8888 Robert S. Pashman, MD Associate Clinical Professor, Board Certified Orthopedic Surgeon Cedar Sinai Medical Center 444 S. San Vicente Blvd, Suite 800 Los Angeles, Ca 90048 310.423.9983 Page112 7 OWEN GROUP,LP I A BUREAU VERITAS GROUP COMPANY CITY OF RANCHO CUCAMONGA AND RCFPD ADA#20/21-005 IIR 'AN III AT'III II "IIHI . III F The Organization Chart presented below designates Sandra Miles, CASp, ADAC, ICC, as our Project Manager. She will serve as the direct point of contact for the City for the duration on the project. Also identified is Steven Hooper, who will serve as the Project Architect. Steven has served in this capacity for a multiple public agencies requiring ADA Self-Evaluations and Transition Plans and has developed an internal QA/QC program to monitor the progress of each project. � ll 'x f W U(.`hN I NGA KAU WIIJYVIIi�II�VWW�IVj I��!e I��I,Ili i��iflll IIIII � ... n,,,. IIIIIII 1 q�� ,i�i �I�'�•,,.. III I f I I I III e_ Steven Hooper,AIA PE Sandra Miles, CASp,ADAC, ICC Mary Wolford, CASp,ADAC ........................ . e Mathew Hansen Jennifer Etten, CASp Bryon Scott,ADAC Brian Manternach, CASp Mouaz Alrayes h I III III II II ® III umVui illlui' IIIII III IIIII IIIII III II I�I�I(IIIII III Biz Builders JR Conkey Page113 8 OWEN GROUP,LP A BUREAU VERITAS GROUP COMPANY CITY OF RANCHO CUCAMONGA AND RCFPD ADA#20/21-005 Steven Hooper, AIA, PE l PROJECT ARCHIT .i u� u: / u ui�uu a �u u4 rr u� u a u it u�uu u� u: CIS, *1rJfflr,c;lure CA r1r,r./istered Architect, l''14957 CA Registered Electrical Engineer, E 1l'584 Steven is a licensed architect and electrical engineer with more than 40 years of public works and municipalities project experience encompassing design, project management, peer review, ADA compliance, engineering and construction management. His background as both an architect and engineer allows him to understand all aspects of architectural design, electrical systems design, project programming, space planning, inspection and asset assessments. Steven is responsible for construction probable cost estimation, construction drawings and specifications, permit review coordination with local and state agencies, construction administration, and construction observation. IF ICE IL..IE VAIN T F31130 ECT IE7C1RCE IF II ICE III C ICE City of Commerce,ADA Self-Evaluation and Transition Plan, CA. Principal-in-Charge. Comprehensive ADA Self-Evaluation Plan and transition plan. Work involves conducting ADA evaluations of all public facilities, public right-of-ways, programs, services, and activities, as well as develop a Transition Plan for assisting the City in maintaining compliance. Scope extended to all City owned and operated buildings and facilities, all public rights of way, and traffic intersections and sidewalks. City of Irwindale,ADA Self-Evaluation and Transition Plan, CA. Principal-in-Charge, QA/QC Manager. Performed site and program accessibility compliance audits to identify, prioritize, budget, and implement plans to assist with accessibility requirements. The City program involves city-owned buildings and facilities, including City Hall, council chamber, police department, library, recreation centers, senior centers, swimming pools, public and community parks, churches, public roads and access roads, driveways, curb ramps, and more. As the principal-in-charge working directly with City staff, participating in public outreach meetings and presentations, and supervising the Owen project team and performing QA/QC for all work deliverables. City of South Gate Assessment of Citywide Public Owned & Operated Buildings. South Gate, CA. Principal-in-Charge, QA/QC Manager. Provided evaluations and development of program and facility accessibility plans to implement a comprehensive ADA Self Evaluation pursuant to 28 C.F.R. § 35.105 and an ADA Transition Plan pursuant to 28.C.F.R. § 35.150(d) for City buildings, parks, parking lots, streets, intersections, sidewalks, and related public improvements affecting access by persons with disabilities. Buildings and facilities included over 12 buildings, 9 parks and other recreation areas, sports facilities, City maintenance yards, 3 reservoirs, two elevated tanks, and 11 water wells. Areas in the public right of way included 125 miles of streets, curb ramps, sidewalks, pedestrian actuated push buttons at traffic control signals (83 traffic signals), parking areas, and 34 GATE bus stops and 166 Metro bus stops. Owen's scope includes the survey, review, and analysis of facilities, programs, services, and activities for City owned and leased buildings and areas in the public right of way. Page114 9 OWEN GROUP,LP 1 A BUREAU VERITAS GROUP COMPANY CITY OF RANCHO CUCAMONGA AND RCFPD ADA#20/21-005 j tAL4F w7«NIA AP'4,'4H47FCTS BOARD � SACRAMICINTC!, CA 9IwF7:I4 thcwoR0 4e aµw ruw+himao9gM&kYhmwurfwNP�°��e�,�loa ,�y R 4' m 916 574, 72,20 LICENSE N'0 C. �w5i dW „ �� VALID UNTIL JUINE 30 2021 RECEIPT 14.0, In ac'mr mcm auiiftt om pruyll0r R wit d@cNiAbo Itidiviirtuudd nomied th4re6n 4, RvenNod a* Afghitncw aMd is subiact 10.'the pruulmr"and T E V I R IR A Y 141 0IP N N aTOVWm bma at Owe> owi t orftla Ardhiijeat auatrL< 26000 AVENIDA AENaOPHATO 157 $AN JUAN CAPISTRANO CA 92675 VU? ----- NON-TRANSIFFRABILE -,,-- iPOST IN PUBLIC VIEW Page 115 10 OWEN GROUP,e | ^BUREAU VERImGROUP COMPANY CITY op RANCHO CUCAMomax AND nCFPDmm*omo1-005 Sandra � � � FlAC Miles, | �� � PROJECT MANAGER 11 IICs114SsmuCs11:::iT|ll:::::|CAr110114S YsAmS 011::::: s�psm|sm�s cemoe��cceoo u���xu�(c���'c� No, 346 ug /oo /nupeolo,/manuE:Xamme'mu' o,,0000 oe'une��ow upeo�xu��cceoo/u��pmeuo�nom�000c�uun *ow Coordinator, omal Plains*ow Center No. umoou4s6'4m,r Registered Access Specialist, rK, No.,4aa Lsso Accredited Professional Sandra has over 29 years of experience in the architecture, engineering and construction industry, specializing in site accessibility projects over the last 19 years. She is a Certified Access Specialist (CASp) in the State ofCalifornia, Accessibility Plans Examiner and |napootor (|CC). Texas Access Specialist (TAS), and a certified ADA Coordinator (ADAC). Her responsibilities include afu|| range of accessibility compliance including: site inapooUona. CA8p roporta, plan rovimw, training. presentations, Title U. Title U|. Fair Housing Act, and private and public multi-housing projects. She iaa recognized expert and has been a regular presenter for the American Institute of Architects San Diogo, A|A Santa Barbara Chapter, and Orange County Chapters and provides ongoing seminars on accessibility and the Americans with Disabilities Act (ADA) including the California Building Codo, PROVVAG, MUTCD. FHVVA, and the Fair Housing Act. She previously served aaa member of the City of San Diego Accessibility Advisory Board and the Board of Directors as Secretary for the CA8p institute (CA8|). [31E11 EVAINT F31130SECT EXRE113111EINCIE City mfSeal BemchAQA Self-Evaluation and Transition Plan, Seal Bemch, CA. Project Manager. Project scope includes identifying existing physical barriers limiting a000aaibi|ity, ensure ADAcompliance at City facilities and right-of-way, devising a prioritization schedule to achieve oomp|ianoo, and providing a planning-level budget to achieve compliance. The Transition Plan includes systematic recommendations for removing identified barriers and complying with accessibility requirements as mandated by the ADA and all applicable codes, atandarda, and regulations. City mfChino On-Call Accessibility Design Drafting And Plan Check Servicea, Chino, CA. Project Manger Owen is currently providing on-call accessibility design, drafting and plan check services for ADA grievance projects and pedestrian accessibility for public works capital improvement projects. The project includes aoopo, design and construction of new improvement and alteration projects in compliance with Federal, State and Local accessibility regulations; including Americans with Disabilities Act, California Building Code and the City ofChino ordinances and policies. City of Pomona A[A Self-Evaluation &Timnaition Plan, Pmmonm, CA. QA/QC Manager. Conducted a self-evaluation of City public facilities, pnogxamo, oarvioao, and activities, to include research, field data ooUoction, and data analysis. City of San Diego Accessibility Advisory Board (AAB). CA. CASp Representative. Served two years as aCA8p representative on the nine member City ofSan Diego Accessibility Advisory Board. The duties on this board are to advise the Mayor and City Council on policies and iaauoa relating to a000aaibi|ity. Advised the Mayor and City Council regarding City compliance with fodora|, state, and local disability and a000aa. Park, Facilities and Playground Master Plan, City mfGoleta, CA. Scope onthe project consisted of physical site aaaoaamont of all existing 23 parka and facilities verifying accessibility compliance. Once data was oo||actad. a report was provided with a summary of the /aou|to. Non-compliant items were identified for |ooa|, atato, and federal compliance. Each item was then categorized for priority and severity ofeach item. Page110 � � OWEN GROUP,LP I A BUREAU VERITAS GROUP COMPANY CITY OF RANCHO CUCAMONGA AND RCFPD ADA#20/21-005 EDSA, MVISHPA 0�' �w'"i'mE rdkl�'W Ili This aS to mify that Sandra Miles Having given Satisfactory demonstration of competency of thL laos and regula6ons rnandafing u),on-dimfillifina0mg accesS W the built envitomnut by pemons w4jj dsa,bIIft*s' IS horpby pgr anted stat,gas as I Certifi`ed Access Specialist Cenftafioam., Ida A,Oak AIA Expira0k,"mj Datc A11pn[22,2101213 Ac afny 5tat@ Ara G1-0 Page 117 12 OWEN GROUP,LP A BUREAU VERITAS GROUP COMPANY CITY OF RANCHO CUCAMONGA AND RCFPD ADA#20/21-005 Mary Wolford, CASp, ADAC / C MANAGER 11::u)11I CA'I'u u4 a ucu,u4 a:s/cul:u �uu::':uc �uou s u��'� u u u,:' u9u:u uu':u4CII: rids, Engineering rir7anacfr,rr enll C,11 +' rtslt ,'f,'&,. � r,fr'f,;t No, 7,17 25 Protrrr;f Management ent C e r'tf'ecl &0,11 C �x rrlff'Ptakw Gr'eW Plain's Q11 BA, Public Administration co m:rrz rr ak)r'"" f� fr'wPil?Il?g certslre wr Ff+:rRT pr rgrary riferrrbef^ Certified f Institute Mary has over 25 years of experience in the field of accessibility, working primarily for the City of San Diego. She is a Certified Access Specialist (CASp) and has completed the ADA Coordinator Certification Program offered by the Great Plains ADA Center. Mary reported directly to the ADA Coordinator of the City of San Diego, and her responsibilities included managing the technical data and scope of work for the City's ADA transition plan and grievance process projects, and offering technical advice to all city departments regarding access laws, codes and how to apply them to the City's responsibilities under Title II of the ADA. Her past assignments included engineering materials testing, land surveying, public works inspection in the public right of way and project management for capital improvement projects. Mary was appointed by the Mayor and City Council to the City of San Diego's Accessibility Advisory Board as of January 2020. This board advises the Mayor and City Council on policy related to ADA compliance and improving accessibility in the City of San Diego. IF ICE 11 EVAINT F3I1 CAI ECT IEXP ICE IF II ICE III C ICE City of Seal Beach ADA Self-Evaluation and Transition Plan, Seal Beach, CA. QA/QC. Project scope includes identifying existing physical barriers limiting accessibility, ensure ADA compliance at City facilities and right-of-way, devising a prioritization schedule to achieve compliance, and providing a planning-level budget to achieve compliance. The Transition Plan includes systematic recommendations for removing identified barriers and complying with accessibility requirements as mandated by the ADA and all applicable codes, standards, and regulations. City of Pomona ADA Self-Evaluation &Transition Plan, Pomona, CA. QA/QC Manager. Conducted a self-evaluation of City public facilities, programs, services, and activities, to include research, field data collection, and data analysis. City of Industry ADA Self-Evaluation &Transition Plan, Industry, CA. QA/QC. Comprehensive ADA Self- Evaluation and Transition Plan. The assessment included City facilities, parks, and right-of-way. Programs, Policies, and Procedures assessment includes City services, activities, employment practices, and communications addressed by ADA regulations. Owen will develop the Transition Plan with estimated costs, and will include the involvement and input of City staff and the public through public workshops. City of San Diego Project Officer II/ADA Compliance Officer, San Diego, CA. Reported directly to and assisted the City's ADA Coordinator. Conducted accessibility field surveys of various city facilities and accessibility plan review of capital improvement projects. Monitored and maintained the City's federally mandated ADA Transition Plan. Page 118 13 OWEN GROUP,LP i A BUREAU VERITAS GROUP COMPANY CITY OF RANCHO CUCAMONGA AND RCFPD ADA#20/21-005 EIDSA lurausluien rlerr,reu� nrr.mrlrr�r This i,to ven y+that Mary Wofford hhWrrr Ir n, t�sPau.t u� dt r iron lr ti n of rFnuro��Uo aruo of the,llkme dumrd rogrulitoons inanid,,,tling norm-rhusaun7un,ting access to throe buuult eunilrmmment by psersons vod'i utu abllities„ is herelay+granted status as n CertifiedcSpecialist, d eniho-a.au on 1,lu CASp 747 ,' drPl i � ;i*aK'aYu;medaam7C)refle Iiu,�iiiY rM iYf:; MA A Oak,AIA �� � fi Va nrxp¢3ui 1��1Ye w >>n r i' hl:'C2 A.-ting'arm#A"Jotea Page 119 14 OWEN GROUP,LP A BUREAU VERITAS GROUP COMPANY CITY OF RANCHO CUCAMONGA AND RCFPD ADA#20/21-005 Mathew Hansen SPECIALISTADA TRANSITION PLAN o �uu a iu� uu u 3)iiu �uc u4 a uu��:u4u / u.. BS A,rc p ac,aEngineering Filemaker cAc/ rc, r1c c P;,r1 7, Sc FrUY 6c rF,., rr UG NX 75 Mathew is responsible for the development of Owen Group's Filemaker Go/Pro software used to collect, assess and catalog data points/areas for improvements during field assessments. Once Matthew collects the data, he uses that information to filter, sort, clean and compile reports. The reports generated allows the client to search our assessment by location, priority, code violations, recommended fixes for each problem, and the cost data associated with fixing the problem. Matthew presents Owen's findings to the City or Client and provides training for these individuals to utilize Filemaker Go/Pro as well. IF ICE 11 EVAINT F31130 ECT IE7C1RCE IF II ICE III C ICE City of Seal Beach ADA Self-Evaluation and Transition Plan, Seal Beach, CA. QA/QC. Project scope includes identifying existing physical barriers limiting accessibility, ensure ADA compliance at City facilities and right-of-way, devising a prioritization schedule to achieve compliance, and providing a planning-level budget to achieve compliance. The Transition Plan includes systematic recommendations for removing identified barriers and complying with accessibility requirements as mandated by the ADA and all applicable codes, standards, and regulations. City of Pomona ADA Self-Evaluation &Transition Plan, Pomona, CA. QA/QC Manager. Conducted a self-evaluation of City public facilities, programs, services, and activities, to include research, field data collection, and data analysis. City of Temecula ADA Self-Evaluation and Transition Plan. Q/QC of Data /Transition Plan Coordination. Complete a full citywide ADA self-evaluation on all public rights-of-way and city facilities and properties. Matthew coordinated on-site data gathered during site surveys, document identified accessibility con-compliance issues, and coordinated the data for the Transition Plan. City of South Gate Citywide ADA Self-Evaluation and Transition Plan, CA. QA/QC of Data /Transition Plan Coordination. Performed ADA site surveys of all City owned building and properties. Included all areas of the Public Right-of-Way. Matthew coordinated on-site data gathered during site surveys, document identified accessibility con-compliance issues, and coordinated the data for the Transition Plan. City of Industry ADA Self-Evaluation &Transition Plan. QA/QC of Data /Transition Plan Coordination. Comprehensive ADA Self-Evaluation and Transition Plan for the City of Industry. Assessment included City facilities, parks, and right-of-way. Programs, Policies, and Procedures assessment includes City services, activities, employment practices, and communications addressed by ADA regulations. Page 120 15 OWEN GROUP,LP A BUREAU VERITAS GROUP COMPANY CITY OF RANCHO CUCAMONGA AND RCFPD ADA#20/21-005 BRYON SCOTT, ADACp r II:DIIRC111 11� C /Cll ll' 'II 'I'll ll�S tllIIS III II II aII..II II II II�OII r�z I „ Business Administration 1 Coordinator r7 � YII II ILII IL..II I Y� �rtslr �'�r�FN rRr Yr +I,�r�rrrr� &+�""��+�;Y,1R (Jr iversify of Missouri 40% Mr. Scott is a Lead Project Manager with BV. He has 21 years of Construction Management and is a Certified ADA Coordinator, and uses this knowledge to identify ADA barriers, minimize litigation risk, improve customer accessibility, and enhance customer satisfaction. Mr. Scott is a regular speaker at ADA Coordinator's meeting on Title II and Title III subjects. As Quality Assurance Manager, he will assist the Program Manager by providing QA/QC review on the data collection and reports. IFS ICE 11 EVAINT IP RO ECT IEXP ICE IF II ICE III C ICE Hayward Area Park and Recreation District, CA ADA Transition Plan, Facility Condition Assessment, and Energy Audit City of Brea, CA ADA Transition Plan of Facilities, Parks, and PROW of 175 Miles of Sidewalk City of Garden Grove, CA ADA Assessment, Facility Condition Assessment City of Redmond, WAADA Study and Transition Plan State of Washington Parks Commission, WA Statewide ADA Survey of 160 Parks University of Nevada, Reno, NV ADA Transition Plan City of Lexington, NC ADA Assessments &Transition Plan City of Wilmington, DE ADA Assessment and Transition Plan; 45 facilities * EMG became Bureau Veritas Technical Assessments LLC on 1.1.2020 Page 121 16 OWEN GROUP,LP A BUREAU VERITAS GROUP COMPANY CITY OF RANCHO CUCAMONGA AND RCFPD ADA#20/21-005 JENNIFER ET TEN, CA Sp .." .* FACILITIES ASSESSMENT T II 11, CA 110 114 11 IICII III II �Cll II�IIII IIC�III II� YlI� II� III � 1 Sa ;r�/atr � pPt1��Accessibility II II'�'�II II�II II�:II�OII'��C IIIIIIC I 11 II 8721667 City of Tracy Site assessment for 73 Parks from small to large neighborhoods City of Pomona Facility Condition Assessment and ADA Transition Plan City of Brea, CA Facility Condition Assessment and ADA Transition Plan City of Garden Grove, CA Facility Condition Assessment and ADA Transition Plan City of Napa, CA Facility Condition Assessment, Barcoding, ADA Transition Plan Hayward Area Recreation and Parks, CA ADA Transition Plan, Facility Condition Assessment, and Energy Audit BRIAN MANTERNACH►....CASp FACILITIES ASSESSMENT T t I DIIRRT III III I IC II II4CII C/RTII IItIIIIIrIIR AI 11I lI4S YI IItC II° II" II II"II IIII'II�OII" IrEEM Bs � uilCir�.)Materials certified rtifie l & / 11" l rir7ariar./rrrr enf, Accessibility fnspr clorlPlans Ely' rHINr r City of Pomona Facility Condition Assessment and ADA Transition Plan Hayward Area Recreation and Parks, CA ADA Transition Plan, Facility Condition Assessment, and Energy Audit City of Napa, CA ADA Transition Plan, FCA, Barcoding Washington State Parks and Recreation Commission,WA 160 Parks, ADA Assessment &Transition Plan City of Redmond, WA ADA Assessment &Transition Plan * EMG became Bureau Veritas Technical Assessments LLC on 1.1.2020 Page 122 17 OWEN GROUP,LP I A BUREAU VERITAS GROUP COMPANY CITY OF RANCHO CUCAMONGA AND RCFPD ADA#20/21-005 M 0 UAZ ALRAYES �a."`":* FACILITIES ASS ES SM ENT �II1I� L..C �IIIII� IIIOII:II4II5/01111i11111'''"IIO "I �5 llll� YII�II' II4II'''" IIII�IIII�IIII��IIII�OII�IC ��� ���II s' Mechanical 7 ower En(pneering City of Seal Beach Facility Condition Assessment &ADA Assessment City of Brea, CA Facility Condition Assessment &ADA Assessment City of Garden Grove, CA Facility Condition Assessment and ADA Transition Plan Hayward Area Recreation and Parks, CA ADA Transition Plan, Facility Condition Assessment, and Energy Audit City of Redmond, WA ADA Assessment &Transition Plan * EMG became Bureau Veritas Technical Assessments LLC on 1.1.2020 Page 123 18 OWEN GROUP,LP A BUREAU VERITAS GROUP COMPANY CITY OF RANCHO CUCAMONGA AND RCFPD ADA#20/21-005 Julian De Los P ra d os DERS ll:::::::u`:�D1L.RCA 11 cu u p 1�:: u14S cut::::: �::IA, Computer Science1S El S 1CII::' II"4 WII'I"'Ih4IIIII1411V GeorgeWashington (Irinrr,r,sr"�S 4 Julian De Los Prados (Co-Founder, biz.builders) has the technical expertise and a computer science background from various industries, including government, healthcare, hospitality and gaming, and offers a vast knowledge base for both large and small businesses. He leads the operations and management of Technical Leads, collecting and analyzing accessibility barriers found during website inspections. Following hundreds of website accessibility inspections, Julian has optimized the inspection approach, process, and deliverables to provide the most significant benefit for his clients. His consultative and individualized approach allows clients to master the learning curve associated with achieving website accessibility. Julian has partnered with compliance specialists, attorneys, and entrepreneurs to navigate guidelines and regulations in the online environment. His experience includes a vast portfolio of expertise with a specialty in online accessibility compliance guidelines. IFS ICE 11 EVAINT IP IF O EC T IEXP ICE IF II ICE III C ICE City of Seal Beach ADA Self-Evaluation and Transition Plan, Seal Beach, CA. Website Accessibility Inspection and Technical Analysis Report. Project scope includes identifying website accessibility inspection existing physical barriers limiting accessibility, ensure ADA compliance at City facilities and right-of-way, devising a prioritization schedule to achieve compliance, and providing a planning-level budget to achieve compliance. The Transition Plan includes systematic recommendations for removing identified barriers and complying with accessibility requirements as mandated by the ADA and all applicable codes, standards, and regulations. City of Pomona ADA Self-Evaluation &Transition Plan, Pomona, CA.Website Accessibility Inspection Project scope includes identifying website accessibility inspection existing physical barriers limiting accessibility, ensure ADA compliance at City facilities and right-of-way, devising a prioritization schedule to achieve compliance, and providing a planning-level budget to achieve compliance. Information Technology. Website Accessibility Inspection -Education, La Jolla, CA Following the completion of ADA accessibility efforts on their physical campus, the Bishops School in La Jolla, California, contracted with biz.builders to provide an assessment and inspection for their over-two-hundred-page website. Based on best practices and Julian's history with accessibility inspections, created as a cost- effective approach for examining a sampling of web pages to accommodate timing and budget restrictions. Deliverables provided include the Website Accessibility Inspection &Technical Analysis report. Two hundred barriers, ranging from minor issues in design and aesthetics to critical barriers affecting the web site's functionality, were found. Ongoing consultation is being provided for the Bishop's School website development team to support questions or additional website accessibility needs as a result of the inspection and assessment provided. Information Technology. Website Accessibility Inspection -Healthcare, San Francisco, CA Following a series of lawsuits targeting the websites of dental practices across California, the law firm Bradley, Curley, Barrabee & Kowalski, P.C. contracted with biz.builders to provide inspections and assessments for a variety of dental practices. A variety of individual websites were assessed and provided with inspection and reporting deliverables to evaluate accessibility barriers and the claims for damages in the associated lawsuits—ongoing consultation provided in the form of support through remediation and consultation. Page 124 19 OWEN GROUP,LP A BUREAU VERITAS GROUP COMPANY CITY OF RANCHO CUCAMONGA AND RCFPD ADA#20/21-005 Scott Ransde« y COST ESTIMATOR I IDIIRC"Ctr 4 of VI II'OII II II I4 /OII 114III II" �CIYr,S uc �ucu�s Yu u� o- a u uar�uu u� u': Californiasity ars of Davis ttl3 Jct Quality trabling certified Mr. Ransdell has 30 years of experience in the construction and construction management industries combining hands-on job site common sense, with an innate understanding of the core principles of project design and construction. IF ICE 11 EVAINT F31130 ECT IEXP ICE IF II ICE III C ICE Delta Community College I Danner Hall,Stockton,CA.Senior Cost Estimator/Project Manager.Prepared a conceptual cost estimate for this project which is a large, phased renovation to the existing student union/ bookstore building. Construction will occur over three phases which will be back to back. Segundo Student Housing, UC-Davis Campus, CA. Senior Cost Estimator/Project Manager. Provided cost estimating services at the 100% DD, the 50% CD and 100% CD phases as well as services for bid analysis, change order requests and application for payment review for the UC-Davis Segundo area high- rises, which have undergone seismic, ADA and fire safety upgrades as well as amenity improvements. College of Alameda, Peralta Community College District, CA. Senior Cost Estimator/Project Manager. Provided cost estimating services for an existing classroom building (Building A) with an area of 28,790 square feet. The scope of work included limited sitework, new elevators, seismic upgrades (foundations, interior and exterior walls), ADA accessibility improvements, new exterior cast-in-place concrete stairs and a complete interior renovation for classrooms, offices and dental labs and classrooms. Estimates were completed at the 75% to the 100% CD submittal. University of California, Davis. Senior Cost Estimator/Project Manager. Campus Improvements and Building Expansion including Parking Garages, Performing Arts Centers, Laboratories, Recreation and Sports Complexes, Hospital and Student Health, Steam Plant and Cogeneration Facilities, Lecture Halls, Seismic Assessment, Student Housing, State of the Art Research Facilities. California State University System. Senior Cost Estimator/Project Manager. Campus Expansion Master Planning at Channel Island and Monterey Bay, Statewide Facility Assessment for all campuses, Stadium Construction, Parking Garages, Administration Buildings, Claims Assessment Page 125 20 OWEN GROUP,LP A BUREAU VERITAS GROUP COMPANY CITY OF RANCHO CUCAMONGA AND RCFPD ADA#20/21-005 �Ip a�, nib�VYI i Ilal�IP I Ills Illnn....li 1' II, I II UI �I I1 ' ® III infiLl,��:i �hI sV C�III r...iif�l f 1 IV „bAl Reports Using and maintaining the database Using and maintaining the project ma 9 9 p ] p Monitoring and updating the ADA Self- Evaluation and Transition Plan Typically, the cities Owen has worked with use the finalized ADA Transition Plan to serve as a programmatic application tool that will identify ra existing and future accessibility needs, document accessibility facility standards, and to provide air". � '4 ii 1✓' I ar design criteria for future facilities development. r ........................... TASK 1: PROJECT MANAGEMENT Management SCOPE OF WORK Under direction from the City, Project Manager Owen understands that the City of RCFPD of Sandra Miles will manage the Owen team and Rancho Cucamonga (City of RCFPD) and Rancho project activities in order to meet the City's project Cucamonga Fire Protection District is requesting schedule and budget. Owen to perform a comprehensive Americans with Kickoff Meeting Disabilities Act (ADA) Self-Evaluation and Transition Owen ADA team including Project Manager Sandra Plan (Project) to comply with various accessibility Miles will attend requested Kickoff meeting to requirements. discuss Project goals, objectives, scope and timeline. Own will prepare meeting minutes, action Owen acknowledges that the scope of work will items, and deliverable log. include Project Management, Public Outreach and Meetings, Self-Evaluation and Programmatic Management and Coordination Review, Physical Barrier Surveys and Reports, Self- Sandra Miles will act as the single-point-of-contact Evaluation and Transition Plan Reports, Inventory and will coordinate with the City, Owen staff, Database and Mapping, Training, and On-call ADA government agencies and other stakeholders. Support(Optional). We understand that the Scope Sandra and the Owen team will prepare, monitor of work will be divided into three phases: and update the project schedule noting milestones and the critical path. If there are delays, Sandra will • Phase I: City and RCFPD Facilities and Fire notify the City and make adjustments accordingly. Stations • Phase II: City and RCFPD Right-of-Way Monthly PDT Meetings • Phase III: City and RCFPD Parks Owen will hold monthly Project Development Team Owen understands this process may be an (PDT) meetings (either in-person or virtually for educational experience for the City staff. Owen will social distancing) to monitor progress of the Project be providing training to City staff in the following and to maintain the budget and schedule. Owen areas: will join bi-weekly teleconference calls if requested by the City and RCFPD. Owen will prepare monthly • Applicable provisions of the ADA and other meeting minutes and action items. federal statutes and regulations • Performing field investigations and assessments Progress Schedule • Preparation of ADA Compliance Assessment Owen will prepare, monitor, and update progress Page 126 21 OWEN GROUP,LP A BUREAU VERITAS GROUP COMPANY CITY OF RANCHO CUCAMONGA AND RCFPD ADA#20/21-005 Progress Schedules in Microsoft Project and ai t PDF Formats (color, 11"x 17") Monthly Progress Reports in PDF Format QA Program guidelines and QC Reports in PDF Formats Task 2: Public Outreach and Meeting Administration r `Jv i y i ii16J Owen will facilitate public workshops and meetings (either in-person or virtually for social distancing) to advise the public, government bodies and elected officials involving the requirements to make reasonable ADA modifications to policies, practices, and procedures. Owen staff is very well experienced with public outreach efforts and will take the leads schedule in the Microsoft Projects format. This will in facilitating public workshops by leading the be maintained throughout the lifetime of the Project meeting, providing, necessary handouts, and power until the Final Report is accepted and closed out. point presentations. Our team will provide meeting We will submit the final report at kick off meeting, announcements, meeting materials, attending monthly PDT meetings, and any special between in and hosting the meetings. This will include Power between. Owen will notify City and RCFPD of any Point presentations, poster boards, graphics, and delays in major or minor tasks and provided detailed handouts will be furnished by Owen. Owen will explanation for any needed time extension requests. provide meeting announcement at least 14 calendar days in advance of meeting date to distribute on the Invoicing City and RCFP's website and social media platforms Owen will submit monthly invoice payments Public Outreach Meeting No. 1 for processing. We will also submit a progress report with each invoice summarizing partially or The first public outreach meeting will be conducted completed scope of work. Administrative time spent at the beginning of the project. The intent of this on invoicing will be consumed by Owen's overhead meeting is to coordinate the announcement to the budget. public that a Self-Evaluation and Transition Plan QA/OC will commence. This will educate the public on the process and components to be completed under Mary Wolford, CASp, will serve as QA/QC Manager the Project, and provide the opportunity for the and will QA/QC all plans, documents, and materials before delivering to the City. public to provide input on future work. This meeting will be an open house/workshop with a presentation Deliverables: made by Owen followed by a questions, answers, • Draft project schedule and public comment workshop. Owen will lead the • Final project schedule meeting, including making the formal presentation • Revised project schedule (if needed) and administering the workshop. The City will • Kick off meeting agenda, schedule, and notes arrange the meeting location and any necessary • Biweekly meetings facility set-up. Deliverables Public Outreach Meeting No. 2 • Meeting Minutes in Microsoft Word Format Owen will conduct another public workshop after • Action Items and Deliverable Log in Microsoft completing the Draft ADA Self-Evaluation and Excel Formats Transition Plan Report. The intent of this meeting Page 127 22 OWEN GROUP,LP A BUREAU VERITAS GROUP COMPANY CITY OF RANCHO CUCAMONGA AND RCFPD ADA#20/21-005 N 1 u u u uV uV4V@uWUV4V 6uusW�6uu'uum6��m��uwrwr � 1 I l I i �j... ��� ,.�%� ��ctl!/, ri'^;�ly o, rN�// "%%H% IIIIIJ�//fir,, J � ,,;, ° i� t, l � s�%r a�i✓l' �1 ,. .. is to present findings and solicit public input the Self Evaluation process. prior to finalizing the report. Owen team will be For programs with no list program accessible, responsibility for leading the meeting and making Owen will help create a list that includes a program the formal presentation. description, number and types of people served, City and RCPPD Council No. 1 and location where the program is held or holds Owen will present the Final ADA Self-Evaluation public meetings. and Transition Plan Report to the City and RCFPD This program includes within the City and RCFPD Council (either in-person or virtually for social Council Chambers and methods used to make distancing) Owen will be making the formal Council-related information accessible to the public presentation including answering questions for must be encompassed. This includes website the public, staff, and/or City and RCFPD Council accessibility inspection which will be provided members. by Biz Builders. Biz builders will ensure that the Deliverables (Pre Meeting) City and RCFPD website program is accessible to people with visual impairment and/or difficult • Meeting Announcements of hearing, checking the City and RCFPD newly • Meeting Materials created website. • Meeting Minutes, and other relevant documentation in any suitable file formats Selecting Key Personnel Owen will conduct a meeting (either in-person or TASK 3: SELF-EVALUATION AND PROGRAMMATIC virtually for social distancing) between various City REVIEW and RCFPD staff members to identify key personnel Available Document Review to represent each department throughout the Owen will review available City and RCPDD Self-Evaluation process. The meeting intent is to documentation such as the municipal code, rules familiarize key personnel with staff surveys and how and regulations, policies, programs, and office the information will be used to assist in the Project. procedures. Owen will identify and assist the City Staff Surveys and RCPD in furnishing any of the above documents for review if it does not exist but required as part of Owen will administer staff surveys to asses the level of program accessibility within each City Page 128 23 OWEN GROUP,LP A BUREAU VERITAS GROUP COMPANY CITY OF RANCHO CUCAMONGA AND RCFPD ADA#20/21-005 Owen will coordinate with City and RCFPD staff G ' and determine which areas are leased or used by other entities that need to be incorporated int he Project prior to surveying. Additionally, Owen will �^ assist the City and RCFPD in reviewing available documentation such as existing agreements to validate party responsible for implementing ADA upgrades. Facility Diagram Owen will assume minimum available as-builts and prepare facility diagrams of each areas to be surveyed to include all interior and exterior spaces open to public access. The facility diagrams will and RCFPD department (i.e. determine whether be schematic/diagrammatic and be limited to reasonable modifications and methods of identifying major building and site components. effective communication are utilized in the City Physical Surveys and RCFPD's pre-employment process as well as Owen will conduct physical surveys of all the areas during employment) Owen will prepare the format identified in the inventory lists and maps supplied and content of the surveys for the Self-Evaluation (or those not listed not mapped but required) to process. Owen will be required to meet each staff determine physical barrier access. Physical surveys member (either in-person or virtually for social will include all pertinent information including distancing) who have completed the surveys to measurements and pictures for available records. discuss the responses. Owen will be responsible for identifying Federal and/or State applicable accessibility standards Deliverables: and codes (i.e. Department of Justice 2010 ADA Standards for Accessible Design and/or 2019 • Draft Staff Surveys in Microsoft Word Format California Building Code). The City and RCFPD will • Final Staff Surveys in Microsoft Word Format review and confirm accessible standards and codes • Completed staff surveys in Microsoft Word prior to performing any physical surveys. Format City and RCFPD Facilities TASK 4: PHYSICAL BARRIER SURVEYS AND Owen understands that there are 14 City and REPORTS RCFPD Facilities existing. Owen will determine Inventory Review specific features to be surveyed based on the Owen will review available inventory lists, past accessible standards and codes determined. accessible studies or reports, and planned capital Specific features may include, but not limited to, improvement projects that may modify existing parking lot spaces and signage; onsite path of City and RCFPD Facilities; Fire Stations; City and travel; stairs and curb ramps; doors and gates; RCFPD Parks; and City and RCFPD Right-of-Way rooms and hallways; restrooms and drinking (i.e. areas). Owen will determine which areas fountains and all other relevant ADA features. Owen provide public access and which areas do not acknowledges that this includes the following: provide public access prior to surveying. Owen 0 City and RCFPD Corporate Yard will distinguish whether areas are planned to be 0 City and RCFPD Hall modified under a capital project need to be included Epicenter/Sports Complex in the survey. 0 Goldy Lewis Community Center Page 129 24 OWEN GROUP,LP A BUREAU VERITAS GROUP COMPANY CITY OF RANCHO CUCAMONGA AND RCFPD ADA#20/21-005 uuuuiu%"�/% canopies/shelters, benches, BBQ's); recreation areas and play equipment; restrooms and drinking fountains and all other relevant ADA features. An �1 electronic copy of the inventory list and/or map are included in the Attachments. e0 Bear Gulch Park Beryl Park East Beryl Park West • Central Park • Church Street Park • Coyote Canyon Park - z Cucamonga/Demens Trail Rest Park • Ellena Park • James Brulte Senior Center Etiwanda Creek Park • Lions Center East Golden Oak Park • Lions Center West Hermosa Park • RC Animal Shelter Lions Park • RC Family Resource Center 0 Day Creek Park • RC Family Sports Center 0 Legacy Park • RC Library 0 Olive Grove Park • RC Police Station 0 Los Amigos Park • Victoria Gardens Cultural Center 0 Milliken Park • Victoria Gardens Library 0 Mountain View Park Fire Stations (Separate Entity) 0 Old Town Park Owen understands that there a total of eight (8) Fire Ralph M. Lewis Park Stations are existing. The Rancho Cucamonga Fire • Red Hill Park District is a separate entity though will be included • Spruce Park as part of this Project. Victoria Groves Park • Vintage Park Owen will determine specific features to be 0 West Greenway Park surveyed based on the accessible standards and 0 Heritage Park codes determined. Specific features may include, 0 Kenyon Park but not limited to, parking lot spaces and signage; 0 Windrows Park onsite path of travel; stairs and curb ramps; doors 0 Victoria Arbors Park and gates; rooms and hallways; restrooms and 0 Rancho Summit Park drinking fountains and all other relevant ADA 0 Garcia Park features. City And RCFPD Right-Of-Way City And RCFPD Parks Owen understands that the project consists of Owen understands that there are a total of 30 surveying existing sidewalks, curb ramps, traffic City and RCFPD Parks are existing. Owen will signals, pedestrian bridges, bicycle facilities, multi- determine specific features to be surveyed based use trails, and on-street parking and has extensive on the accessible standards and codes determined. experience in each type of these facilities. Specific features may include, but not limited to, parking lot spaces and signage; onsite path of Sidewalks travel; pedestrian bridges; stairs and curb ramps; Owen assumes total of 16,948,000 square feet of park buildings, picnic areas; site furnishings (i.e. probable sidewalks are existing, however not part Page 130 25 OWEN GROUP,LP A BUREAU VERITAS GROUP COMPANY CITY OF RANCHO CUCAMONGA AND RCFPD ADA#20/21-005 faulting, vaulting, spalling, and holes. The sidewalk distress methodology for rating sidewalks will be reviewed and approved by the City and RCFPD prior to beginning the sample surveys. Curb Ramps While the City and RCFPD is not providing an existing curb ramp inventory or a rough estimate. We have provided a cost for 3000 for curb ramps based on previous experiences. We understand this will be coordinated with the city during contract negotiations. Owen will perform a complete and detailed curb ramp survey to determine: • Curb Ramp Types • Landings of the scope of this project. Owen will identify the 0 Widths procedure required to collect a detailed sidewalk 0 Slopes survey which includes accessibility and distress 0 Detectable Warning Surfaces inventory. A sample survey will be conducted at a 0 Compliant and Noncompliant high pedestrian area as part of this project with the Owen will conduct a visual inspection to determine intention to have City and RCFPD staff (or future if existing curb ramps, median crossings, and "pork consultant) perform continued sidewalk surveys. chops" islands meet accessibility standards. Curb The sidewalk survey area being sampled is bounded ramps will be marked as serving a facility as an between Highland Avenue to Banyan Street (north arrival point or serving as a street crossing. Curb to south) and Beryl Street to Hellman Avenue (east ramp inspection will be collected in a manner for to west). The sample survey will be compatible with analysis, cataloging, and mapping the City and RCFPD's ArcGIS system and include the following noncompliance features. An electronic Traffic Signals copy of the inventory list and/or map are included in Owen acknowledges that there are a total of 207 the Attachments. signalized intersections and pedestrian signalized • Vertical and Horizontal Displacements crossings are existing. City inventory does not • Excessive Cross Slopes include existing overhead flashing beacons, • Insufficient Widths pedestrian rectangular rapid flashing beacons or • Obstructions high intensity activated crosswalk beacons though it• Distress exists within the City and RCFPD. Therefore, Owen • Missing or Incomplete will determine and include those elements to the Owen disregards sidewalk surveys at driveways but Project. Owen will perform a complete and detailed will provide a procedure toward how non-accessible survey of all applicable elements for compliances driveways can be addressed in the future (i.e. City including, but not limited too: and RCFPD Ordinances). 0Push Button Landing For the sample area, Owen will conduct a walking • Push Button Placement (horizontal and height) survey using applicable handheld GPS devices (or • Accessible Pedestrian Signals equivalent) for analysis, cataloging, and mapping. • Signs Description of public right-of-way evaluation and Pedestrian Bridges procedures are found on pages 29-31. The sidewalk Owen will perform a complete and detailed distress analysis will inventory cracking, patching, pedestrian bridge survey including bridges that Page 131 26 OWEN GROUP,LP A BUREAU VERITAS GROUP COMPANY CITY OF RANCHO CUCAMONGA AND RCFPD ADA#20/21-005 portions of the San Bernardino County Flood 9 Control District Channels that serve as accessible I�, I multi-use trails. Owen will perform a complete and t detailed multi-use trail survey. • Multi-Use Trail Types fi 0 Arrival Points i r(gIl 0 Path of Travels • Slopes 0 Widths 0 Signs �i� Or1-Street Parking While the City and RCFPD has not provided traverse the San Bernardino County Flood Control an existing on-street parking inventory nor is District Channels. it possible to provide a rough estimate and the • Pedestrian Bridge Types Metrolink Station which is jointly owned but the City • Arrival Point and RCFPD maintains the facility has approximately • Path of Travel 960 stalls. For any remaining on-street parking • Slopes stalls that exist (adjacent to certain residential • Widths developments) We have provided an approximate • Railings and will need to coordinated with the City during Bicycle Facilities contract negotiations to determine and include those stalls to the Project. Owen will perform a Owen understands that there are a total of 81 complete and detailed on-street parking stall survey miles of bicycle facilities are existing. The City for state and federal compliance including but not and RCFPD contains various bicycle facilities (i.e. limited to the following items below. Survey will Class 1 Bike Path, Class 2 Bike Lane, and Class 3 be based on CBC, PROWAY, Caltrans, standard Bike Route). Also, the City and RCFPD has one (1) details, and city standard details. bicycle overcrossing bridge and several trailheads that will be included as part of this Project. Owen • Designated Space Types will perform a complete and detailed bicycle facility • Arrival Points survey. Path of Travels • Slopes • Bicycle Facility Types 0 Widths • Arrival Points 0 Signs • Path of Travels • Quantity • Slopes • Widths Owen will review aerial images to identify areas • Signs of existing marked on-street parking stalls. Owen will evaluate and advise the City and RCFPD if Multi-Use Trails additional accessible parking spaces are required A total of 19 miles of multi-use trails are existing. and review current policies and grievances for The City and RCFPD contains various multi-use existing procedures. trails (i.e. Regional, Community, and Horse) that Physical Survey Reports serve pedestrians, bicycles, and/or equestrians. Owen will inventory the Pacific Electric Trail and Owen will document the results from each physical Page 132 27 OWEN GROUP,LP A BUREAU VERITAS GROUP COMPANY CITY OF RANCHO CUCAMONGA AND RCFPD ADA#20/21-005 U , �o HANDICAPPED �j , d E V survey conducted. Owen will produce a binder for non-compliant items will be included in the field each grouped facility listed below that summarizes assessment software, while the non-compliant items a narrative for the scope of work performed under will be the only items included within the printed Task 4 Physical Barrier Surveys and Reports. All report. In coordination with the City staff reports pertinent information such as inventory, facility can be modified to include any items that the City diagrams and physical surveys will be listed and feels will be pertinent for future management. mapped in ArcGIS and added to the City and Deliverables will include pdfs with each facility RCFPD's website for public reference. Each facility being a stand alone report. The report will include will be surveyed for state and federal requirements. the costs, responsible party for oversight at each State requirements will be based on the current facility and the year the City schedules the barrier 2019 California Building Code (CBC) including the removals. latest errata provided by the state. By having our assessment tool in-house we are able to keep the ' City and RCFPD Facilities code references up to date. Fire Stations • City and RCFPD Parks Federal requirements will be based on the 2010 0 City and RCFPD Right-of-Way ADA Standards for Accessible Design (ADAS). All areas within the public access areas will be Deliverables assessed and verified while in the field. We will 0 Inventory List in Microsoft Excel and ArcGIS provide as-builts for both compliant and non- Formats compliant items. Non compliant items will also be 0 Facility Diagrams in Microsoft Excel and ArcGIS photo verified for the report. A sample has been Formats provided for your review under the Filemaker Go 0 Physical Surveys in Microsoft Excel and ArcGIS Field and Pro for a description of our Access Check Format non proprietary program. Both the compliant and Page 133 28 OWEN GROUP,LP A BUREAU VERITAS GROUP COMPANY CITY OF RANCHO CUCAMONGA AND RCFPD ADA#20/21-005 emergency procedures. Assisting Sandra Miles will be Mary Wolford, CASp, ADAC in providing review T , and recommendations for the City policy, practices a' and procedures. In addition to their previous „ experience both are certified ADA Coordinators and have been trained in understanding the nuances / u "f of the policy making procedures within the City as well as the balance of incorporating the input from i/ the public and advocates for accessibility within the area. These policy reviews will range in a variety of forms from effective communication with the public in public meetings, printed materials, webpage accessibility to the Fire districts Emergency TASK 5: SELF-EVALUATION AND TRANSITION Operation plan. PLAN REPORTS Owen will review, identify and summarize the City Self-Evaluation Preparation and RCFPD's policies, practices and procedures Owen will lead the efforts in assisting the City in for all the City and RCFPD's programs, activities the development of the ADA Self-Evaluation scope and services. In addition, an assessment will be of work, necessary and correct procedures that conducted to determine if any City and RCFPD meet all applicable ADA standards and codes, policies, practices and procedures are found as well as the preparation of forms required to be discriminatory. If so, Owen will provide for accurate documentation of data and other recommendations to modify the City and RCFPD's information obtained during the Self-Evaluation policies, practices and procedures in order to process. It is important to remember that the confirm ADA compliance. ADA-Self Evaluation and Transition Plan project Transition Plan Preparation will be a collaborative effort between Owen and City Staff. City staff will need to coordinate, direct, Prior to site assessment Owen to review existing schedule, review and otherwise support Owen's data during site assessments. Owen will identify efforts. In addition, Owen's development of the physical barriers that limit the accessibility of City Self-Evaluation will require the knowledge and and RCFPD programs, activities and services experience of key staff within each City department to any individual with disabilities. A detailed to identify programs, services, activities, policies, description of methods and procedures to upgrade practices and procedures used to provide services accessibility will be documented. Owen will identify the necessary steps required to implement any to the public. The City staffs experience will be key accessibility improvements that exceeds over one to development of a comprehensive and workable strategy for the ongoing equitable access to all (1) year. programs. Owen will include the following, but not limited to: Led by Project Manager Sandra Miles, CASp, RAS, 0Methodology for evaluating and prioritizing ADAC, Owen will review and evaluate the City's physical barrier improvements current policies, programs, and practices to clearly 0Procedures and forms for monitoring, identify any issues which may be discriminatory to supplementing, and filing requests persons with disabilities. Owen has provided these • Schedules and cost estimates for services many municipalities and has developed enhancements policy documents which address program eligibility 0Schematics, concepts and standard drawings requirements, participation requirements, staffing, for corrections transportation, communication, facilities, and 0Identify the responsible party for implementing Page 134 29 OWEN GROUP,LP I A BUREAU VERITAS GROUP COMPANY CITY OF RANCHO CUCAMONGA AND RCFPD ADA#20/21-005 the ADA plans Owen has much experience providing data in ESRI • List references and contact information for ADA ArcGIS formats. We understand the importance resources of providing data to allow the city to administer • Facility Diagrams ongoing monitoring and updating as required to make a "livable" document. Further, the database Owen will collaborate with staff or department(s) to will include all aspects of the Transition Plan as prioritize removal of physical barriers at each facility. mentioned in major and minor tasks above including Owen will consider past, current and future City and measurements and pictures. Our data is propriety RCFPD planning activities. This includes, but not and the database will become the City and RCFPD's limited to: property after completion of the project. • 1991 Trails Implementation Plan ARCGIS • 2010 General Plan • 2015 Circulation Master Plan for Bicyclists & Owen will provide the inventory and data in an Pedestrians ESRI ArcGIS platform. Owen will collaborate with • 2020 General Plan Update (Pending) the City and RCFPD's Department of Innovation • Capital Improvement Program (CIP) and Technology(DoIT) to verify data requirements toward future incorporation into the City and Owen will work with City and RCFPD staff or RCFPD's ArcGIS system. Both a draft and final department(s) to identify capital projects that can inventory database and mapping will be submitted be altered to include physical barrier removal as to the City and RCFPD for review. The City and well as recommend new capital projects that better RCFPD will have 30 calendar days to review and align with the Transition Plan as well as the City and provide comments to the Consultant in-between RCFPD's CIP budget. submittals. Draft ADA Self-Evaluation And Transition Plan Additionally, Owen will update or create inventory Report lists and maps utilizing the ArcGIS system. The Owen will compile and submit a Draft ADA Self- inventory lists and maps will display the physical Evaluation and Transition Plan to City and RCFPD barrier, description, cost estimate, schedule and any staff for review. The City and RCFPD will have 30 other pertinent information required in the Transition calendar days to review and provide comments to Plan. ArcGIS inventory lists and maps to be updated the Consultant. or created include, but not limited to: Final ADA Self-Evaluation And Transition Plan 0 City and RCFPD Facilities Report 0 Fire Stations Owen will address the City and RCFPD comments • City and RCFPD Parks and submit a Final ADA Self-Evaluation and City and RCFPD Right-of-Way Transition Plan to City and RCFPD staff for review. • Sidewalk The City and RCFPD will have 30 calendar days • Curb Ramps to review and provide final comments to the • Traffic Signals Consultant. Pedestrian Bridges • Bicycle Facilities Deliverables 0 Multi-Use Trails • Draft ADA Self-Evaluation and Transition Plan 0 On-Street Parking Report in Microsoft Word Format Deliverables • Final ADA Self-Evaluation and Transition Plan Report in Microsoft Word Format Draft Inventory Database and Mapping in Microsoft Excel and ArcGIS Formats Inventory Database And Mapping Final Inventory Database and Mapping in Page 135 30 OWEN GROUP,LP I A BUREAU VERITAS GROUP COMPANY CITY OF RANCHO CUCAMONGA AND RCFPD ADA#20/21-005 Microsoft Excel and ArcGIS Formats 0 Review Federal and State accessibility Training standards and codes • Modify City and RCFPD programs, services, and Our staff has extensive training background for activities accessibility compliance with Sandra Miles, CASp, . Update Transition Plan inventory list and ICC, ADAC providing over eight years training mapping to a wide ranges of audience providing over 80 0 Monitor and update the ADA Self-Evaluation and presentations for informative and continuing Transition Plan education. Multiple venues have been Title II entities including City of Glendale, City of Long Deliverables Beach, City of Lemon Grove, and City of San Diego. 0 Draft Inventory List and Mapping in ArcGIS Additional audiences include ongoing presentation Format to Mesa College Interior Design classes, AIA San 0 Final Inventory List and Mapping in ArcGIS Diego, Orange County and Santa Barbara chapters, Format APWA San Diego and Imperial Valley chapter, and 0 Hardcopy and electronic copy of required multiple architect and engineering firms. training material. Additionally, Mary Wolford, CASp, ADAC has nine Owen currently provides on call support to many years experience providing training to City staff and local municipalities. These items include plan management for accessibility related items. reviews for ADA compliance, site assessments and Owen to provide power point a staff training session reports, attending City Council meetings to assist on ADA requirements and obligations at the onset with technical expertise, sitting on Accessibility of project. Introducing staff to the project, educate Advisory Compliance Board, and as a resources them on the process, and establish expectations. when questions arise. Owen would count it a privilege to providing ongoing ADA support to the For this project, Owen will include training key City of Rancho Cucamonga in whatever means personnel (either in-person or virtually for social and methods the City could use the support. n any distancing) toward the ADA Self-Evaluation and suitable formats Transition Plan. The intent is to teach key personnel the ability to use, maintain, and update the ADA On-Call ADA Support (Optional) Self-Evaluation and Transition Plan. A total of one (1) On-Call ADA Support thorough training will be conducted to include, but Owen will include a line item in their proposal for not limited to: possible On-Call ADA Support. Scope of work will pw w r „ rah—°, Page 136 31 OWEN GROUP,LP A BUREAU VERITAS GROUP COMPANY CITY OF RANCHO CUCAMONGA AND RCFPD ADA#20/21-005 primarily be providing ongoing be a list of the accessibility barriers found, how technical support to staff or we found each barrier inspected, the severity of department(s) after the Project the barrier found, screenshots if applicable, and has been accepted by the recommendations on how to re-mediate. City and RCFPD. Owen will be Due to the variety of accessibility compliant responsible for tracking hours assessments we are offering the option of a full on a time and material basis. website review in our initial scope. However, Website Accessibility another option of a representative sample of pages Website accessibility may also be valuable. This is addressed as options inspection being presented to in the proposed budget levels on the proposal. the City of Rancho Cucamonga FILE MAKER GO FIELD AND PRO (DESKTOP) uses the most commonly used tools/devices, including NON-PROPRIETARYAND COST SAVING TOOL- Microsoft Windows 10, Google Owen understands the challenges facing the Chrome, Apple Voiceover (for City for accessibility compliance in accessing mobile phones), Apple Safari buildings, parks, and other construction related Talkback, Android (mobile facilities. Owen has developed a non-proprietary phones), and more. Through and cost saving tool called Access Check that over five different manual can be translated to interact with any City protocol tests, our inspectors identify established for ease of use. Through years of precisely what hurdles vision experience compiled over several ADA assessment or mobility impaired website users experience projects, Owen has compiled a Standard Comment when visiting the website. This is the most accurate, Database, that is maintained in house allowing same actionable, and unbiased approach when compared day updates if needed, referred to as Filemaker Pro, to other inspection methods. Our deliverable will which comes preloaded in our portable devices a.A 4 yr y» r w° rG/re ar�rr rGelii G� u/eu rl�iiirrru� r f�urV l I�aa ra dug %/1%'�� 16 ku, i ,yIJ11fP! ,i a HA Page 137 32 OWEN GROUP,LP I A BUREAU VERITAS GROUP COMPANY CITY OF RANCHO CUCAMONGA AND RCFPD ADA#20/21-005 11 (tablets, laptop computers). This allows Owen to state, local, and Federal accessibility standards. BV quickly assess and assign comments efficiently and will document changes in level, horizontal openings, consistently through the use of drop-down options. upheavals, and other pathway events that may pose We have also incorporated a checklist database a barrier or potential hazard in the sidewalk and to provide consistency and quality assurance so street crossing environment. Any major impediments items are not missed during assessments. The clear and obstructions will be recorded. benefits include the following: BV will measure the grade and cross slope of each • Designed for use on the iPad. element of the curb ramp. The barriers of each curb • Application utilizes device's camera to load ramp or the lack of a curb ramp will be documented. images directly from the device into the BV will capture deficiency data for transit stops, database. signalized intersections, and un-signalized • Facility, floor and room fields update the intersections, including access to pedestrian database as new items are entered, creating pushbuttons and the condition and presence of drop down options for re-visiting locations. crosswalk markings • Priority, category, item description and findings The PROW survey will begin in those priority areas utilize drop down options for consistency and that received the highest rank and will then extend efficiency for our field assessors. to the other areas which are part of the rights-of- • Additional manually entered fields are available way list. This evaluation will identify and record for noteworthy occurrences, such as uncommon any gaps in connectivity, potential safety hazards, construction restrictions to ensure Owen can obstructions, missing curb ramps, and general generate the most accurate cost estimates. noncompliance with accessibility regulations, • Information gathered on devices in the field is including the following: uploaded to Owen's servers where the rest of the necessary information, such as codes and Assessment of the Pedestrian Right of Way price tables, are added to the database. (Sidewalks) • Features of the completed database (Filemaker Assessment of Curb Ramps Pro Desktop Solution) Assessment of Pedestrian Crossings, Signalized • Perform quick searches based on any field to Intersections, Un-signalized Intersections quickly gather and sort database information PUBLIC RIGHTS OF WAYASSESSMENT PROCESS • Automatically generate printable Barrier (PROWAP)TECHNOLOGY Summary Reports, diagram and photo reports and Individual item reports. Select items to The BV team will utilize a proprietary PROWAP create custom projects for contractor use. engineered by PathVu to efficiently and accurately Graphic samples of Owen's FileMaker Go are assess the conditions that exist in the sidewalk included in the pages that follow: Pages 34-35 environment within the Client's jurisdiction. An assessment coordinator utilizes pathMet, a pushcart PUBLIC RIGHTS-OF-WAY EVALUATION system, along each sidewalk corridor, which systematically evaluates the sidewalk surface and For the public Rights-of-Way portion of the project environment for compliance with state and federal we've enlisted the help of our affiliated company, accessibility standards. The system automates the Bureau Veritas (BV). process of discovering and documenting changes Prior to initiating the public right-of-way portions of in level, horizontal openings, upheavals, or other the contract, BV will confirm the list of sidewalks, pathway events that may pose a barrier or potential streets and curb cuts that will be analyzed. hazard in the sidewalk environment. The PROWAP BV will systematically survey the sidewalk and street system provides spatial information about the crossing surface environment for compliance with features discovered, including GPS data, a digital Page 138 33 OWEN GROUP,LP I A BUREAU VERITAS GROUP COMPANY CITY OF RANCHO CUCAMONGA AND RCFPD ADA#20/21-005 11 image, and the distance along the stroll path. BV is able to provide an objective high-resolution data that inventories and characterizes sidewalk conditions. The collection device is engineered to meet ASTM standard E3028 with the output providing a route accessibility index allowing for prioritization based upon the customer's needs. Data collection for curb ramps is also effectively streamlined by use of the curbMet tool. The curb ramp data collection tool is used to measure the grade and cross slope of each element of the curb ramp. Once the dimension measurement portion of the curb ramp assessment is finished, the entire assessment is complete, the data output is analyzed and indexed based on the customer's needs. DELIVERABLE The sidewalk data collected is integrated, along with various 3rd party data, into the pathVu data analytics platform and is processed to provide a characterization of a span of the sidewalk. Condition, grade, and curb ramp information are all combined to provide a comprehensive view of a walkability network and enables engineering firms and municipalities can use to prioritize and spec the sidewalk repairs and upgrades. Reports from both data collection tools are combined and presented to the customer in GIS and Shapefiles. The sidewalk and street crossing reports will include the following: • Conversion of field data into the agreed upon format for import and use by the Client. • Spreadsheet data in Microsoft Excel format that contains a worksheet with the collected data for each feature type assessed, as well as a worksheet that contains the best path of travel data. • Relatable tables (including GPS coordinates) in a file that contain the results of the assessment. Page 139 34 OWEN GROUP,LP I A BUREAU VERITAS GROUP COMPANY CITY OF RANCHO CUCAMONGA AND RCFPD ADA#20/21-005 f City of Rancho Cucamonga-City Hall-3 CASp:S.Miles#346 10500 Civic Center Dr. Rancho Cucamonga,CA 91730 Year Built:1977(2019) Comment#: CH-07 Deficiency: Parking-Accessible Stall-Length r The accessible van/car stall is less than 216 inches(18 ft.or 5486 mm)long. Measurement: 181 inches Recommended Remediation: Car and van parking spaces shall be 216 inches(5486 mm)long minimum. ADA does not designate a minimum length for van or car accessible stalls. Floor/Area: Exterior Room/Spot: Accessible Parking Code Compliance: Y/N/NA 2010 ADAS: 502.2 Y Priority: 5 Quantity: 2 each 2019 CBC: 11 B-502.2 N Severity: D Cost Total: $$$$ Comment#: CH-08 Deficiency: Parking-Accessible Stall-Slopes The slope of the van/car stall in any direction exceeds 1:48(2.0%)grade. rr Slopes range from 3.2%to 4.5%at the van accessible stall. Vii411 �IIA� � ' Measurement: 4.5 %grade ' Recommended Remediation: Re-grade and resurface the accessible parking stall. 9 p 9 II 17 �lil f i i Accessible parking spaces and access aisles serving them shall have slopes not exceeding 1:48 in any direction. Floor/Area: Exterior Access aisles shall be at the same level as the parking spaces they serve. Room/Spot: Accessible Parking Changes in level are not permitted. Notes: Accessible Van Stall Code Compliance: Y/N/NA 2010 ADAS: 502.4 N Priority: 1 Quantity: 1 each 2019 CBC: 11 B-502.4 N Severity: C Cost Total: $$$$ ��ppllll IV III IIIIII 8/21/2020 CITY HALL PHOTO REPORT Page 140 35 OWEN GROUP,LP I A BUREAU VERITAS GROUP COMPANY CITY OF RANCHO CUCAMONGA AND RCFPD ADA#20/21-005 City of Rancho Cucamonga Right of Way ADA Assessment Report Priority Definitions Table: Priorities are assigned by proximity(200 yards)to the following Location Types: Priority Location Types* 1 State and Local Government Owned Locations including parks 2 Transporation Facilities and Transit Stops 3 Places of Public Accomodations-Lodging 4 Places of Public Accomodations-Retail/Entertainment/Point of Interest 5 Places of Public Accomodations-Schools 6 Other locations not specified *Full priority locations list provided at the end of this photo report Findings and Code Table: Differing Differing Code Deficiency Finding 2019 CBC 11B 2010 ADAS Tolerances PROWAG Tolerances A Ramp run width is less than 48 406.5.2 406.1 36 inches R304.5.1 inches B Ramp run cross slope is greater than 406.5.7 406.1 R304.5.3 2.0% C Ramp run running slope is greater 406.2.1,406.3.1 406.1 R304.2.2, R304.3.2 than 8.33% D Ramp turning space depth is less 406.3.2,406.5.3 406.4 36 inches R304.2.1,R304.3.1 60 inches than 48 inches E Ramp turning space width does not 406.5.3 406.4 R304.2.1, R304.3.1 48 inches equal ramp run width F Ramp turning space slopes exceed 406.3.2,406.5.3 406.4 R304.2.2,R304.3.2 2.0% G Ramp counter slope exceeds 5.0% 406.5.8 406.2 R304.5.4 H Ramp grade breaks are not flush 406.5.6 406.2 R304.5.2 48 inch clear space is not provided 406.5.9 406.6 R304.5.5 outside of the traffic lanes Detectable warning surface not 406.5.12 N/A N/A R305.2.1,R305.2.2 provided K Ramp flare slope is greater than 406.2.2 406.3 R304.2.3 10.0% 8/21/2020 llllomiii �IVlii 00000m oo �llu YEAR:2025 CURB RAMPS Page 141 36 OWEN GROUP,LP I A BUREAU VERITAS GROUP COMPANY CITY OF RANCHO CUCAMONGA AND RCFPD ADA#20/21-005 11 Ez= As mentioned in the RFP and Addendum see below for fixed fee and schedule. This is also submitted in the Line Item Tab. II IIIIIIII,(IIIIIIII IIIII IIIIIIIIII II �� °°III IIIIIIII ® m IIIIIIII (IIIIIIII 1 11® °1111 II IIIIIIIIIIILII AMII III IIm �II � u Ii11 I° I I Meetings/scheduling(1 meeting per month for 12 months and kick off meeting) 5000 Pre for Self Evaluation Plan review existin documents, uestionairres,etc 5500 Self Evaluation of City Policies/Procedures 9500 Trainin 4500 .................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................... Field Assessments and reports for Facilities 40100 Field Assessments and reports for Fire Stations 18500 Public Outreach 5000 i QC 4500 Preliminary Transition Plan(Facility Plans and report) 16000 Final Transition Plan and GIS mapping/data 6810 Website Evaluation 7000 Presentation to City Council 2000 PHASE 1 TOTAL FEES 124410 IIIIIIIIII ���III � Meetings/scheduling(1 meetinq per month for 12 months and kick off meeting) 5000 Field Assessments and reports for Parks 67120 Public Outreach 5000 QC 2500 Preliminary Transition Plan(Facility„ Plans and report) 5500 Final Transition Plan 3500 GIS mapping/data 5000 Presentation to City Council 2000 PHASE 2 TOTAL FEES 95620 ® Illllllli I® � ���i�illll�lll IIIII III (III �� � � w® 01� °1llllll U�' ® p° � Meetings/scheduling(1 meeting per month for 12 months and kick off meeting) 5000 Field Assessments and reports for Public Right-of-Way,Trails, Bike Paths,and Shared Paths 108,050 Public Outreach 5000 QC 3160 ....................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................... Preliminary Transition Plan(Facility Plans and report) 11500 Final Transition Plan 3500 GIS mapping/data 10000 Presentation to City Council 2000 PHASE 3 TOTAL FEES..... 148210 Page 142 37 Mayor L.Dennis Michael I Mayor Pro Tern Lynne B.Kennedy Council Members Ryan A.Hutchison,Kristine D.Scott,Sam Spagnolo City Manager John R.Gillison 10500 Civic Center Drive Rancho Cucamonga,CA 91730 1 909.477.2700 I www.CityofRC.us October 21, 2020 Owen Group, LP Attn: Richard Henrikson 220 Technology Dr. Suite 100 Irvine, CA 92630 Phone: 949-289-8995 Email: Richard.Henrikson@bureauveritas.com Re: Request for Best and Final Offer("BAFO"), for Request for Proposal ("RFP") #20/21-005 for Americans with Disabilities Act (ADA) Self-Evaluation and Transition Plan. Dear Mr. Henrikson, The City of Rancho Cucamonga (hereinafter the "City") would like to invite Owen Group, LP to submit a BAFO for the above-mentioned RFP. All provisions, instructions, requirements, terms and conditions of the RFP are applicable to this BAFO unless otherwise noted herein. BAFO Request Instructions: An integral part of determining an award for a project of this magnitude is the cost factor. Therefore, it is at this time that the City ask you to revisit your original cost proposal and offer any cost savings or discounts that could be provided to the City without cutting back on quality of services. Please submit your BAFO pricing utilizing the same format as indicated in your original cost proposal as included below. BAFO responses are due on or before Thursday, October 22, 2020 by 12:00 p.m. via email to Hector.Velazquez@cityofrc.us. Please do not hesitate to contact me should you have any questions or required clarifications regarding the instructions for this BAFO. Thank you again for participating in the City's RFP process. Thank you, Owen Group LP acknowledges the above. BAFO on Page 2. Task Fee on Page 3 Hector Velazquez, Procurement Technician City of Rancho Cucamonga Procurement Division Page 143 City of Rancho Cucamonga Best and Final Offer(BAFO) for Request for Proposal("RFP")#20/21-005 for Americans with Disabilities Act(ADA)Self-Evaluation and Transition Plan Item Description UOM QTY. Unit Price Total 1. Phase I: City and RCFPD Facilities and Fire Stations LOT 1 $ 118,000 $ 118,000 2. Phase II: City and RCFPD Right-of-Way LOT 1 $ 93,300 $ 93,300 3. j Phase III: City and RCFPD Parks LOT 1 $ 134,900 $ 134,900 TOTAL $ 346,200 Page 144 Page 2 of 2 p ml puum u m uuu i III „II �� Iill III III �� °u!!!IIIII� .III mum upllllll IIII .m IIII rr IIIIIIIIImII mm IIIIIII II III IIII IIIm (IIIIr Meetings/scheduling(1 meeting per month for 12 months and kick off meeting) 4400 Prep for Self Evaluation Plan(review existing documents questionairres etc) 5000 Self Evaluation of City Policies/Procedures 9500 Training 4500 Field Assessments and reports for Facilities 40100 1 Field Assessments and reports for Fire Stations 16400 1 Public Outreach 4800 1 QC 4000 1 Preliminary Transition Plan(Facility Plans and report) 15100 Final Transition Plan 5400 1 Website Evaluation 7000 1 Presentation to City Council 1800 1 PHASE 1 TOTAL FEES 118000� Ifl flflflf flp Iflflflfl fl flf Iflflflflf If�I�ICI I�I�I�fl If fl Iflflflflflf flf I�Ifl�I�I< <I� flflflfl If�I�I�I�I�I� Iflflflf �I I�I�I�I�I� 111111111111111111111111111111111111111111111111111111111111111111116"""' ��IIII�'ll��I9811111`iiuul�iiii6�'�Iliill ��`� Meetings/scheduling(1 meeting per month for 12 months and kick off meeting) 4400 Field Assessments and reports for Parks 66800 Public Outreach 4800 QC 2000 Preliminary Transition Plan(Facility Plans and report) 5000 Final Transition Plan 3500 GIS mapping/data 5000 Presentation to City Council 1800 PHASE 2 TOTAL FEES 93300 I rll � u r r IIIIIIII I II f Meetings/scheduling(1 meeting per month for 12 months and kick off meeting) 4400 Field Assessments and reports for Public Right-of-Way,Trails Bike Paths and Shared Paths 102400 1f Public Outreach 4800 l QC 3000 1f Preliminary Transition Plan(Facility Plans and report) 5500 l Final Transition Plan 3000 1f GIS mapping/data 10000 l Presentation to City Council 1800 1 PHASE 3 TOTAL FEES 134900� Page 145 1 of 1 0/22/20205:21 PM OWEN GROUP,LP I A BUREAU VERITAS GROUP COMPANY CITY OF RANCHO CUCAMONGA AND RCFPD ADA#20/21-005 11 MEEMMEMEMEM= The City and RCFPD of Rancho Cucamonga Request for Proposal("RFP")#20/21-005 for Americans with Disabilities Act(ADA)Self-Evaluation and Transition Plan "EXHIBIT A,CITY AND RCFPD AND RCFPD OF RANCHO CUCAMONGA CONFLICT OF INTEREST/NON- DISCLOSURE STATEMENT" It is the policy of the City and RCFPD and RCFPD to prevent personal or organizational conflict of interest,or the appearance of such conflict of interest,in the award and administration of City and RCFPD and RCFPD Contracts, including,but not limited to Contracts for Professional Services Agreements("PSA")with potential Consultants. I do not have specific knowledge of confidential information regarding RFP responses received in response to the Request for Proposal("RFP")#20/21-005 for Americans with Disabilities Act(ADA)Self-Evaluation and Transition Plan. 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. Richard Henrikson (Print Name) President (Relationship to the City and RCFPD and RCFPD) President (Relationship to the Consultants) (Signature) Of 08/24/2020 (Date) Exhibits are not to be included in your bid response. All referenced Exhibits must be submitted in Planet Bids system under the Response Types,Exhibits A—H. Page 36 of 44 Page 146 OWEN GROUP,LP I A BUREAU VERITAS GROUP COMPANY CITY OF RANCHO CUCAMONGA AND RCFPD ADA#20/21-005 The City and RCFPD of Rancho Cucamonga Request for Proposal("RFP")#20/21-005 for Americans with Disabilities Act(ADA)Self-Evaluation and Transition Plan "EXHIBIT B,PROFESSIONAL SERVICES AGREEMENT EXCEPTIONS SUMMARY" Mark the appropriate choice, below: X Consultants accepts the PSA without exception. OR Consultants 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 Consultants' 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 Richard Henrikson, LEED, AP Printed Name President Title 8/24/2020 Date Exhibits are not to be included in your bid response. All referenced Exhibits must be submitted in Planet Bids system under the Response Types,Exhibits A—H. Page 147 OWEN GROUP,LP I A BUREAU VERITAS GROUP COMPANY CITY OF RANCHO CUCAMONGA AND RCFPD ADA#20/21-005 11 MMUMEMEEMM= The City and RCFPD of Rancho Cucamonga Request for Proposal("RFP")#20/21-005 for Americans with Disabilities Act(ADA)Self-Evaluation and Transition Plan "EXHIBIT C,ACKNOWLEDGMENT OF INSURANCE REQUIREMENTS AND CERTIFICATION OF ABILITY TO PROVIDE AND MAINTAIN COVERAGES SPECIFIED" Richard Henrikson, LEED, AP the President (President,Secretary, Manager,Owner or Representative) of Owen Group, LP (A Bureau Veritas Company) 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")#20/21-005 for Americans with Disabilities Act(ADA)Self-Evaluation and Transition Plan have been read and understood and that our Consultants is able to provide and maintain the coverage as specified in the PSA. Failure to provide said coverage, upon request 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 Richard Henrikson Printed Name President Title 08/24/2020 Date Exhibits are not to be included in your bid response. All referenced Exhibits must be submitted in Planet Bids system under the Response Types,Exhibits A—H. Page 38 of 44 Page 148 DATE(MM/DD/YYYY) A CERTIFICATE OF LIABILITY INSURANCE I 01,06/2020 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT:If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must have ADDITIONAL INSURED provisions or be endorsed.If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement.A statement on this ��— certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT Aon Risk Services Northeast, Inc. NAME: Aon Risk Services Northeast, Inc. (A/G.No.EXt); 8G6-283-712Z FAX No (800) 363-0105 d NY NY Office E-MAIL p One Liberty Plaza ADDRESS: _ 165 Broadway, Suite 3201 New York NY 10006 USA INSURER(S)AFFORDING COVERAGE NAIC# INSURED INSURER A: AllianZ Global Risks US Insurance CO. 35300 Owen Group Limited Partnership and INSURER B: Hartford Fire Insurance Co. 19682 Henriksen Owen & Associates Limited Partnership INSURERC: Hartford Underwriters Insurance Company 30104 220 Technology Drive, suite 100-110 INSURER D: Trumbull Insurance Company 27120 Irvine CA 92618 USA INSURERE: Hartford Ins Co of the Midwest 137478 INSURERF: Sentinel Insurance Company, Ltd 111000 COVERAGES CERTIFICATE NUMBER: 570080083951 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED.NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. Limits shown are as requested LTR TYPE OF INSURANCE INSD WVD POLICY NUMBER MM/DD/YYY MM/DD/YYY LIMITS A X COMMERCIAL GENERAL LIABILITY USL001 9 20 01/01/2020 Ol Ol 2021 EACH OCCURRENCE $1,000,000 CLAIMS-MADE El OCCUR DAMAGE TO RENTED $1,000,000 PREMISES fEa occurrence VIED EXP(Any one person) $10,000 PERSONAL&ADV INJURY $1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER. GENERAL AGGREGATE $2,000,000 POLICY X PRO- X❑LOG PRODUCTS-COMP/OP AGG $2,000,000 CD 0 OTHER: CD B AUTOMOBILE LIABILITY $1,000,000 10 AB S41202 01/01/2020 01/01/2021 COMBINED SINGLE LIMIT � AOS fEa accident) C X ANYAUTO 10 AB s41203 01/01/2020 01/01/2021 BODILY INJURY(Per person) 0 Z OWNED SCHEDULED HI BODILY INJURY(Per accident) 41 AUTOS ONLY AUTOS R HIRED AUTOS NON-OWNED PROPERTY DAMAGE V ONLY AUTOS ONLY Per accident i d A X UMBRELLALIAB H OCCUR USLOO163320 01/01/2020 01/01/2021 EACH OCCURRENCE $5,000,000 V EXCESS LIAB CLAIMS-MADE AGGREGATE $5,000,000 DED I X RETENTION$10,000 D WORKERS COMPENSATION AND 10WNs41200 01/01/2020 01/01/2021 X I PER STATUTE I OTH- EMPLOYERS'LIABILITYER ANY PROPRIETOR/PARTNER/EXECUTIVE Y/N AOS E.L.EACH ACCIDENT $1,000,000 E OFFICER/MEMBER EXCLUDED? N/A 10WNs41200 01/01/2020 01/01/2021 (Mandatory in i AK ID NY E.L.DISEASE-EA EMPLOYEE $1,000,000 If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $1,000,000-_ A Archit&Eng Prof USF00248020 01/01/2020 01/01/2021 Each claim $2,000,000 claims Made Aggregate $2,000,000 SIR applies per policy terns & condi ions DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES(ACORD 101,Additional Remarks Schedule,may be attached if more space is required) Evidence of insurance. The Architects & Engineers policy includes coverage for Professional Liability and Contractors Pollution Liability. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE - EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. Owen Group Limited Partnership and AUTHORIZED REPRESENTATIVE Henrikson Owen & Associates Limited, Partnership - d Iry Technology Drive, Suite 100-110 re. �11a/z ,e J Irvine CA 92618 USA e>4"o'a sJ cJi' /G ©1988-2015 ACORD CORPORATION.All rights reserved. ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD Page 149 OWEN GROUP,LP I A BUREAU VERITAS GROUP COMPANY CITY OF RANCHO CUCAMONGA AND RCFPD ADA#20/21-005 11 MMEEMEEME= The City and RCFPD of Rancho Cucamonga Request for Proposal("RFP")#20/21-005 for Americans with Disabilities Act(ADA)Self-Evaluation and Transition Plan "EXHIBIT D,ADDENDUM ACKNOWLEDGEMENT" The Consultants hereby acknowledges the following Addenda Number(s)to this RFP have been received,if any. Consultants understands failure to acknowledge any addenda issued may cause the RFP response to be considered non-responsive. It is the Consultants' responsibility to log into the Bid System to identify and download the number of addenda that have been posted. • 1 • 2 3 Signature Richard Henrikson Printed Name President Title 08/24/2020 Date Exhibits are not to be included in your bid response. All referenced Exhibits must be submitted in Planet Bids system under the Response Types,Exhibits A—H. Page 39 of 44 Page 150 OWEN GROUP,LP I A BUREAU VERITAS GROUP COMPANY CITY OF RANCHO CUCAMONGA AND RCFPD ADA#20/21-005 11 EEMEMEZM= The City and RCFPD of Rancho Cucamonga Request for Proposal("RFP")#20/21-005 for Americans with Disabilities Act(ADA)Self-Evaluation and Transition Plan "EXHIBIT E,DEBARMENT and SUSPENSION CERTIFICATION FORM" I certify that neither Owen Group, LP (Consultant) 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 Consultant nor any of its proposed subcontractors are tax delinquent with the State of California. I acknowledge that if Consultants or any of its subcontractors subsequently are placed under suspension or debarment by a local, state or federal government entity, or if Consultants or any of its subcontractors subsequently become delinquent in California taxes,our Proposal will be disqualified. '0 a� l Signature Richard Henrikson Printed Name President Title 08/24/2020 Date Exhibits are not to be included in your bid response. All referenced Exhibits must be submitted in Planet Bids system under the Response Types,Exhibits A—H. Page 151 OWEN GROUP,LP I A BUREAU VERITAS GROUP COMPANY CITY OF RANCHO CUCAMONGA AND RCFPD ADA#20/21-005 The City and RCFPD of Rancho Cucamonga Request for Proposal("RFP")#20/21-005 for Americans with Disabilities Act(ADA)Self-Evaluation and Transition Plan "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 60 _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 and RCFPD and RCFPD 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 Consultants. Successful Consultants will extend prices as proposed herein to other governmental agencies,please specify. YES X _ NO— Exhibits are not to be included in your bid response. All referenced Exhibits must be submitted in Planet Bids system under the Response Types,Exhibits A—H. Page 152 OWEN GROUP,LP I A BUREAU VERITAS GROUP COMPANY CITY OF RANCHO CUCAMONGA AND RCFPD ADA#20/21-005 The City and RCFPD of Rancho Cucamonga Request for Proposal("RFP")#20/21-005 for Americans with Disabilities Act(ADA)Self-Evaluation and Transition Plan I III II 1 11 l 1 1 1 U1 J 1 JJU1 J I I 1111111JIJIllIJ1111111111111J1J11J1J1111111111J11JJIIJJJJIl1JIIlJ1J11J1JI111J1111111111111J1J11J1J1111111111J1 JJIJJJJ �'�i��������������������������������l�l���������l�l����l�l�����������������l�l Company Name City of San Diego Contact Name and Title Alejandra Warner Company Address 5500 Overland Ave. #310, San Diego, CA 92123 Contact Telephone Number 619.236.7246 Contact Email .... .... .... .... .... .... .... adacompliance@sandiego.gov Description of Comparative Services and Project Cost(please be specific) ADA Self Evaluation And Transition Plan III II 11 l 1 1 1 U1 J 1 JJU1 J I I Illlll I � llll IlllllllllJllllllllllll ��I �l��lll�llllll��l�ll IlllllllllJlllllllll 1J111J1J11111J111JIlJJ1JlJ1l1Jl 11111J1lIlIIIIIllJ1llJJJlllllJl 1J1JJJl �� i 1����1�����ll����l�����l��l��l��lll�lllll����llllll�l�lllll��lll�����l��l��l��l�ll�llllll 1111111JIJIllIJ1111111111111J1J11J1J1111111111J11JJIIJJJJIl1JIIlJ1J11J1JI111J1111111111111J1J11J1J1111111111J1 JJIJJJ �'��l��l����l��l��l�l��l����l��l�l��l�ll����l�l�l��ll�l����ll�l��l����l����l��l�lll Company Name City of Pomona Contact Name and Title Laura Lara, Associate Engineer Company Address 505 S Garey Ave, Pomona, CA 91766 Contact Telephone Number 9096202261 Contact Email Lau ra_Lara@ci.pomona.ca Description of Comparative Services and ADA Self Evaluation And Transition Plan Project Cost(please be specific) Exhibits are not to be included in your bid response. All referenced Exhibits must be submitted in Planet Bids system under the Response Types,Exhibits A—H. Page 43 of 44 Page 153 OWEN GROUP,LP I A BUREAU VERITAS GROUP COMPANY CITY OF RANCHO CUCAMONGA AND RCFPD ADA#20/21-005 The City and RCFPD of Rancho Cucamonga Request for Proposal("RFP")#20/21-005 for Americans with Disabilities Act(ADA)Self-Evaluation and Transition Plan "EXHIBIT G"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 and RCFPD 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. I I 1 11 11 1 l 111 ))))ill 1 I1111111111 1lJl ll I I I ll I lJl IJJIJI I 11I11111I � II � 11111� 1111 IIIIJIIJJIJJJJJlJ1lJJlIIIIIJIIIIIIIIIIJIIJJIJIIIIIJIJJIJJJJJlJ11JJlJJJJJJJJJJJIJJJJIJIIJJ � �1111�11111�II�111111I1111111�I111�II�I��II�II�II�11�1111111I�11111I11111I��I111111�11111 111III�lhJJJ1IJJJJJJJIJIIJ�J�JII�JIIIJ11l�lIllll��IhJ1J11JJ11J1IIJ111�1�1hJJJJIJJJJJJJ1JlIJ�J�JIJJJJJJJJJIJJJJIJJJ��JJIJIIJJJJ ���I��II�I��I��I��II��I��I�II�I��I�II�II�III�I���II�I��I��I��II��I��I�II�I����I��� Company Name City of Rancho Cucamonga Contact Name and Title Ty Quaintance Company Address 11200 Base Line Rd. Rancho Cucamonga, CA 91701 Contact Telephone Number 909-774-4102 x4148 Contact Email Ty.quaintance@cityofrc.us Description of Comparative Services and ADA Self Evaluation And Transition Plan Project Cost(please be specific) Company Name City of Huntington Park Public Works Contact Name and Title Daniel Hernandez Company Address 6900 Bissell St, Huntington Park, CA 90255 Contact Telephone Number 323.395.1480 Contact Email citymanager@hpca.gov Description of Comparative Services and ADA Self Evaluation And Transition Plan Project Cost(please be specific) Page 42 of 44 Page 154 OWEN GROUP,LP I A BUREAU VERITAS GROUP COMPANY CITY OF LIVERMORE ADA SELF-EVALUATION AND TRANSITION PLAN The e Cdr'y aim - ���A mr Vmuu�u Jul U. yy m E: LEITER OF NUE Rd`N( OR OWEN G R Uds LIMI"T'ED IIAR INI d6d-diida To Wk'rlorna d H My COrSir°'OW A5 I � o dIYtlP Wllairrlrp,� "rp'4w d ere r aNy mu r ar "iG:Pkl nICGtlLpC1 �v. d.�u:.�V� R �x VQ "III'JC "I�G�drnn "'o n o {.f a Group),p) r^ r �" WfM gyp, �I'p, Pu.M gyp.r :b �U"�l ��I m!"� Il�m�Rdr� kW�,I.Y,Lm��H R �.�IIIYr ��ll ili"'rAm,{r�ddrX. r"a d d Br�rr����rVr'a' �rB�VI11 Mira"Ilr.dl"�' Ya p� J l IM �.. Depa,Iir^r ers at the By of San EXego whKb d;„andm Nfilee s^�rvLo..J as�) Bowd 04,errher fai-.the Cil,f Of Rr Dkp;MEW Hy A dbsmy Boa d (AAB)a nd pb&dde dWVQC d',:uf pnject%aid pVain:s lrie r,A ws f ar,"' a va7nq cud prr er rs, As.Access Cor'n Rancr.,,y fl ° Pi',i°I fir,,Wo r k5 DH�3 1I V.>t I(fflt, I lh)Ukl IP r(5ef`, Q1r) Vhe' Crr.mupa of San Diego,A(,,,es ribr ldr',y iNmti,dvisA:rQ Ward 9aai;f whkh pi;v r specific I Na. pnvolv,�--,.dd u I ���rna w'e. d��V.air puI rapr�M:',;p n the Fr9rh�udlc lOvm�ir'Yks 0�"Ipa Q.a"&.!^KGnt °�I B""wr'Iltl"N w���rl'l:�aYPANgQG::,YJd rr.�r�ll,„IVu,� d!ia'rl..i��>Ilnrh �CVlmviu burrlrlohm to Me dnow"a::d parr hodwr ucnlpw_ T�6s,,6)1j..du.xr, .vav"_ pk,avW d Ixir g We BOW nr,a eknP,% he' ex rnsfi;"Im d"ni7/o4ea of IN Aa c.es•.y...✓Idr's r5,"mlr'r y Sarwr.°yra would pQ"x°:N°A dd' plan m k?"S^9e"if w Ifcr �" -! � r l w s. y l�dryplf j, I iox IP,,ovauIooi ..� �"�"���'���� {�I�Q Nay» mU,x..a:re rp�ud°.�ivr,�,d� 1:�� 4��iW���r.. Cali ngIIE-Aoe d p'aroirng'rkd , ViNla a n I,hv.A V erObl%AdF411s,r' ry Board Ms. Wes provided Qui VII"I rIC"vVenflng(_WI r'd`r gi a k uQ po,t,d rre's rela tpd r"q Iinp i iov r ^ r rry or,SaP, Neg"O s prrkdar,III1!g dI'ns. dxalV�ms. Kles d lscdII prrr';uvi ded highly kroaWdgeake InWlrra l Jbr t70dMi Ong a CIry�'s af,pr' p; ringfci dhe CASp [.xal"I... I' ,ar. hi is has also 1wo&dde d r:afn Mda'r plMp pp pa to Our ORke for my d,)lr' ka Airy'Nw:Ofcordr 4".."A p Wp'1fom she siNr���aar�dW'dd alrr ly o dun e ,r,d�ulr°Ian a+r`r�ri°rA to r e rlrr"g,last"yvea I V' h0p�, ,;r;rw iin d � &� p' � �r �" polh r°r°oy CrWrfuren�' P(3Srtpr)fT r Irdrr?a s l urru {„wwar�lNkt Wu°u.da saraudra n���cu sue,lp � w�ilL�llpure rw,:�ra�afl,,d llu.h ��r rlw°:�d lo.)oki �t pr,�rvwa d t-a Nw' d'pe:�Yd vop can l her lhes0'1uI'°cos Mm i iL�'s a colra rxk,Altpn'r',':. 35, y would IN :atrrrd Ms Wt % l `arry PfU,erg r .nrg to 1_cesarblllp" , Shp dR@s mkd.,YS w.lnMen YmH d"urga udzr'ddl and p. rypaam d rn'n C fUwa-nrra 1, Ipr_ °sr-�Idf and tlfire pl,W'pr, Pl ase,'pe l fhr e to contact r.r' e W &I aqW am aVaddeld"*,"rr-uCG the k1dlam""Atil''"0g ShIcer rlllal' ,,. (Wiice of AQ (-,.omjpli, Ir e.Ln jnr.d cce.,<,rohudlu y 7246 a, Page 155 OWEN GROUP,LP I A BUREAU VERITAS GROUP COMPANY CITY OF LIVERMORE ADA SELF—EVALUATION AND TRANSITION PLAN r Depaftent of Public Works To VVhum This May Concern, On behalf of the Dlty of Huntington Park Public Works Department we are pleased to re,comniend Owen Group as-a DA59 consultantforthe City of Los Angeles_As the Directnr of Put lir,Works, I have worked cbsely with Ma riarn Athanasius, Project Manager, in order to complete the ADA Self-Evaluation and Transition Plan for the City. Mariam and the team at Owen haw provided the needed ser,rioes and have taken the project to completion at City Council in Sopternber 2618. Thank you for considering Owen Graup- If you have any questions, please feel free to contact me at 323-395-148D. S ince re3y, d Daniel Fiemandez Director of Public Works ;hlfV IE:ur 4.ullll q'r'� %: l9.nu'V 11 i'lli ;Hill. uu m ,ll"ill ..0 p+;:nqN 1i3 2 3 u 11510245274 I"45,2fi 4 Page 156 OWEN GROUP,LP I A BUREAU VERITAS GROUP COMPANY CITY OF RANCHO CUCAMONGA AND RCFPD ADA#20/21-005 I I The City and RCFPD of Rancho Cucamonga Request for Proposal("RFP")#20/21-005 for Americans with Disabilities Act(ADA)Self-Evaluation and Transition Plan "EXHIBIT H,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 CONSULTANT 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 and RCFPD,State,Zip) Owen Group, LP (A Bureau Veritas Company) 220 Technology Dr., Suite 100 Irvine, CA 92618 Telephone#: 949.860.4800 Fax#: 949.860.4810 E-mail address: Web Address: Richard.henrikson@bureau.veritas.com www.owengroup.com Authorized Representative:(print) Title: Richard Henrikson, LEED, AP President Signatu Date: 08/24/2020 Exhibits are not to be included in your bid response. All referenced Exhibits must be submitted in Planet Bids system under the Response Types,Exhibits A—H. Page 44 of 44 Page 157 CONSULTANT DESIGN SCHEDULE EXHIBIT `B" Page 158 OWEN GROUP,LP I A BUREAU VERITAS GROUP COMPANY CITY OF RANCHO CUCAMONGA AND RCFPD ADA#20/21-005 mol �� uuo �� mu uo m m IIII ��� IIII m Im' I...�� dIIIVI u1m uu uuuu Illuuu uuuu uuuu Illllu u1m im udlluu uuum uuuu uum uuuu udllmul I�u uuul uuuu fiiiuum udIIIVI uuuu uum uuuu uuul uuuu Project Award ................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................. Kick Off Meeting November 1,2020 ................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................. Due Diligence ................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................. Coordinate with City and obtain required documents November 1,2020-November 13,2020 ................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................. Review of City Policies and Standards November 16,2020- December 11,2020 ................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................. Training&Staff Surveys January 11,2021 to January 15,2021 ................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................. Staff Surveys January 11,2021 to February 12,2021 ................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................. Public Outreach Meeting#1 January 18,2021 to January 22,2021 ................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................. Facility Assessments November 30,2020-January 29,2020 ................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................. Fire Station Asssessments January 4,2021 to January 29th ................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................. Facility and Fire Station Asssessment Reports-completed February 12,2021 ................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................. Website Evaluation January 11,2020 to February 1,2021 ................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................. Self Evaluation Plan and Transition Plan ................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................. Preliminary reports to City February 15,2021 ................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................. City to Review reports February 15 to March 12,2021 ................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................. Incorporate City comments March 15,2021 to March 31,2021 ................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................. Public Outreach Meeting#2 April 5,2021 to April 9,2021 ................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................. Incorporate public outreach comments April 12,2021 to April 23,2021 F'.naL......Re......o.rt...to..t.h.e...C.it.......a.n.d....RC.F.P.D...&...G.I.S...do.c.u.m.e.ntS.................................................................................................................A.....r.12.6.....202.0.1................................................................................ p Y p .C.I t........a.n.�...R C F.P.D...0 o u.n.c.LL..Meet.Ln.............................................................................................................................................................................................................h.a........19.....2.02.1................................................................................... Y g Y mol mm�mm �uo m � �uo m IIII udIIIVI utm uu uuuu Ilu�luu�uu luuul VI utm uu udlluu uuuul uuul uull�lluul u�ul a udl�lllllllllu a uuuu uIIVuI IImlluuul udIIIVI uuuu uuul uuuu uuul uuuu Project Award ................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................. Kick Off Meeting June 1,2021 ................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................. Coordinate with City and obtain required documents June 1,2021-June 4,2021 ................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................. Public Outreach Meeting#1 June 14-June 18,2021 ................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................. Facility Assessments for Parks June 21-August 13,2021 ................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................. Reports for Parks-completed September 3,2021 ................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................. Self Evaluation Plan and Transition Plan ................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................. Preliminary reports to City September 6,2021 ..... ......................................................................................................................................................................................................................................................................................................................................................................................................................................................................................... City to Review reports September 6,2021 to October 8,2021 ................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................. Incorporate City comments October 11,2021 to November 1,2021 ................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................. Public Outreach Meeting#2 November 1,2021-November 5,2021 ................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................. Incorporate public outreach comments November 8,2021 to December 3,2021 FinalReport..to..C.tY.......&..G.I.S..d documents............................................................................................................................................................................De.Gem.ber.. ,2.02.1......................................................................... .City........a.n.d...RAF.P.D...you.n.c.i....iVleet.i.n.........................................................................................................................................................................................................g J.a.n.u.a.rY.......5.....2.01.2.............................................................................. III udIIIVI utm uu uuuu Illllu uJm uum uuul'Muuul uMu�IIVuuum uim uum uuuuuullmlluum udlluu ul a uM ul Vuuuu uuuu Ifiiiuum udIIIVI uuuu uum uuuu uuul uuuu Project Award ................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................. Kick Off Meeting February 1,2022 Coordinate. ..with..CitY.......a.n.d obtain required do.cu.me.ntS...................................................................Feb.ruarY........1......201.2...-February 11,2022 Public .u.bI c""Outrea.c.h...M.e.etin........#.1......................................................................................................................................................................Febru.a.r.......1.4.....2.02.2...to...Feb.ruar........1.g.....2011........................... g Y Y Page 159 38 OWEN GROUP,LP I A BUREAU VERITAS GROUP COMPANY CITY OF RANCHO CUCAMONGA AND RCFPD ADA#20/21-005 ......................................................................................................................................................................................................................................................................................................................................................................................................................................................................................... Facility Assessments for Right-of-Ways (Streets Sampling (13.5 miles),curb ramps,traffic signals,bridges,trails/bike paths,and on street parking stalls) February 21,2022 to May 27,2022 ......................................................................................................................................................................................................................................................................................................................................................................................................................................................................................... Reports for Right of Way May 30,2022 to July 15,2022 ......................................................................................................................................................................................................................................................................................................................................................................................................................................................................................... Self Evaluation Plan and Transition Plan ......................................................................................................................................................................................................................................................................................................................................................................................................................................................................................... Preliminary reports to City July 18,2022 ......................................................................................................................................................................................................................................................................................................................................................................................................................................................................................... City to Review reports July 18 2022 to August 12,2022 ......................................................................................................................................................................................................................................................................................................................................................................................................................................................................................... Incorporate City comments August 15,2022-September 2,2022 ......................................................................................................................................................................................................................................................................................................................................................................................................................................................................................... Public Outreach Meeting#2 September 5,2022 to September 9,2022 ......................................................................................................................................................................................................................................................................................................................................................................................................................................................................................... Incorporate public outreach comments September 12,2022 to October 1,2022 Final Report ..to...City.......&...G.I.S..documents ..............................................................................................................................................................................October ..3.....,20Z.Z............................................................................ City......and ...RC.F PD..Co.u.nc'.'...M.eet.'.n.................................................................................................................................................................................................g October 19,.....2022......................................................................... Page 160 39 DATE: November 4, 2020 TO: 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 of a Resolution Authorizing the City Manager to Negotiate and Execute Agreements for Real Estate Listing and Broker Services Involving the Purchase or Sale of Real Property. (RESOLUTION NO. FD2020-020). RECOMMENDATION: Staff recommends that the Fire Protection District adopt the resolution. BACKGROUND: The City from time to time purchases real estate for the development of City facilities, economic development opportunities, and other public purposes. The City also sells real property for economic development and other public purposes or when such real property is no longer needed and declared surplus. ANALYSIS: The Fire District from time to time purchases and sells real properties for public purposes. Various staff assist in the execution of these transactions, but there is often a need for the assistance of a real estate professional to represent the District as the buyer or seller. Effective management of the District's real estate portfolio requires timely action by District staff when listing property or engaging real estate brokers in order to respond to market conditions. In certain cases, it is in the best interest of the District to do so before the Board can authorize the listing or broker engagement before its next regularly scheduled meeting. The proposed resolution would provide authorizing the City Manager to negotiate and execute in the name of the Rancho Cucamonga Fire Protection District all agreements, amendments, and other necessary documents in connection with any listing or broker services involving the sale or purchase of real property by the District. This does not authorize the City Manager to execute the sale or purchase of a property; any agreement to consummate the sale or purchase of real property will still require Fire Board consent. FISCAL IMPACT: N/A COUNCIL GOAL(S) ADDRESSED: This resolution is in keeping with the Board's core values of intentionally embracing and anticipating the future, and continuous improvement. ATTACHMENTS: Attachment 1 — Resolution FD2020-020 Page 161 RESOLUTION NO. A RESOLUTION OF THE RANCHO CUCAMONGA FIRE PROTECTION DISTRICT BOARD OF DIRECTORS AUTHORIZING THE CITY MANAGER OF THE CITY OF RANCHO CUCAMONGA TO NEGOTIATE AND EXECUTE AGREEMENTS FOR REAL ESTATE LISTING AND BROKER SERVICES INVOLVING THE PURCHASE OR SALE OF REAL PROPERTY A. Recitals. 1. The Rancho Cucamonga Fire Protection District("District") from time to time purchases real estate for the development of District facilities and other District purposes. The District also sells real property for District purposes or when such real property is no longer needed and declared surplus. 2. The District Board of Directors believes that effective management of the District's real estate portfolio requires timely action by District staff, as well as staff from the City of Rancho Cucamonga("City"), when listing property or engaging real estate brokers in order to respond to market conditions. In certain cases, it is in the best interest of the District to do so before the District Board of Directors can authorize the listing or broker engagement before its next regularly scheduled meetings. 3. The City Manager of the City of Rancho Cucamonga has historically managed the District's real estate portfolio in conjunction with support from the District's Fire Chief. 4. The District Board of Directors finds that it is in the best interest of the District to authorize the City Manager to execute any listing agreement or any agreement for broker services involving a District sale or purchase of real property, as set forth in this Resolution.. 5. Rancho Cucamonga Municipal Code Section 2.08.190 authorizes the City Council, acting as the District Board of Directors, to delegate duties and powers to the City Manager as it deems appropriate by resolution. 6. All legal prerequisites to the adoption of this Resolution have occurred. B. Resolution. NOW, THEREFORE, the Board of Directors of the Rancho Cucamonga Fire Protection District hereby resolves as follows: Section 1. The facts set forth in the Recitals, Part A of this Resolution, are true and correct. 11232-0001\2470917v Ldoc Page 162 Section 2. The City Manager of the City of Rancho Cucamonga is hereby authorized to negotiate and execute in the name of the Rancho Cucamonga Fire Protection District all agreements, amendments, and other necessary documents in connection with any listing or broker services involving the sale or purchase of real property by the Rancho Cucamonga Fire Protection District. The foregoing authority shall not be construed to authorize the City Manager to execute any agreement to consummate the sale or purchase of real property without the District Board of Director's prior consent. Section 3. The District Secretary shall certify to the adoption of this Resolution. PASSED, APPROVED AND ADOPTED this 4th day of November, 2020. L. Dennis Michael, President I, Janice C. Reynolds, District Secretary, Rancho Cucamonga Fire Protection District, do hereby certify that the foregoing Resolution was passed at a regular meeting of the Board of Directors of the Rancho Cucamonga Fire Protection District held on the 4th day of November, 2020, by the following vote: AYES: BOARD MEMBERS: NOES: BOARD MEMBERS: ABSENT: BOARD MEMBERS: ABSTAINED: BOARD MEMBERS: ATTEST: District Secretary, Rancho Cucamonga Fire Protection District 11232-0001\2470917v Ldoc Page 163 a a a DATE: November 4, 2020 TO: Mayor and Members of the City Council FROM: John R. Gillison, City Manager INITIATED BY: Veronica Lopez, Accounts Payable Supervisor SUBJECT: Consideration to Approve Bi-Weekly Payroll in the Amount of $987,674.47 and Weekly Check Registers (Excluding Checks Issued to Southern California Gas Company) in the Amount of $4,324,059.28 Dated October 12, 2020 Through October 25, 2020. 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 MISSION /VISION / GOAL(S) ADDRESSED: N/A ATTACHMENTS: Attachment 1 - Bi-Weekly Payroll and Weekly Check Registers Page 164 CITY OF RANCHO CUCAMONGA AND RANCHO CUCAMONGA FIRE PROTECTION DISTRICT Excluding So Calif Gas Company. Agenda Check Register 10/12/2020 through 10/25/2020 Check No. Check Date Vendor Name City Fire Amount AP 00011402 10/14/2020 ABSOLUTE SECURITY INTERNATIONAL INC 15,444.24 0.00 15,444.24 AP 00011403 10/14/2020 CALPINE ENERGY SERVICES LP 102,000.00 0.00 102,000.00 AP 00011404 10/14/2020 CT WEST INC 9,736.29 0.00 9,736.29 AP 00011405 10/14/2020 HAMPTON YOGA 196.00 0.00 196.00 AP 00011406 10/14/2020 HUITT-ZOLLARS INC 22,680.00 0.00 22,680.00 AP 00011407 10/14/2020 MOFFATT&NICHOL 36,599.57 0.00 36,599.57 AP 00011408 10/14/2020 RICHARDS WATSON AND GERSHON 242.00 0.00 242.00 AP 00011409 10/14/2020 RIVERSIDE,CITY OF 6,909.00 0.00 6,909.00 AP 00011410 10/14/2020 SARGENT TOWN PLANNING INC 34,320.00 0.00 34,320.00 AP 00011411 10/14/2020 SHELL ENERGY NORTH AMERICA 326,854.50 0.00 326,854.50 AP 00011412 10/15/2020 ABC LOCKSMITHS INC 311.10 0.00 311.10 AP 00011413 10/15/2020 BRODART BOOKS CO 289.39 0.00 289.39 AP 00011414 10/15/2020 CARQUEST AUTO PARTS 514.79 0.00 514.79 AP 00011415 10/15/2020 DUMBELL MAN FITNESS EQUIPMENT,THE 0.00 739.56 739.56 AP 00011416 10/15/2020 DUNN EDWARDS CORPORATION 76.47 0.00 76.47 AP 00011417 10/15/2020 HOLLIDAY ROCK CO INC 5,118.15 0.00 5,118.15 AP 00011418 10/15/2020 HOSE MAN INC 32.42 51.06 83.48 *** AP 00011419 10/15/2020 KME FIRE APPARATUS 0.00 2,775.22 2,775.22 AP 00011420 10/15/2020 OFFICE DEPOT 698.14 993.94 1,692.08 *** AP 00011421 10/15/2020 PSA PRINT GROUP 0.00 38.79 38.79 AP 00011422 10/15/2020 SIEMENS MOBILITY INC 99,205.22 0.00 99,205.22 AP 00011423 10/15/2020 SOUTHERN CALIFORNIA NEWS GROUP 3,500.00 0.00 3,500.00 AP 00011424 10/15/2020 SUNRISE FORD 638.49 0.00 638.49 AP 00011425 10/15/2020 THOMPSON PLUMBING SUPPLY INC 372.38 0.00 372.38 AP 00011426 10/21/2020 BALANCE 4 LIFE FITNESS 4 WELLNESS INC 49.00 0.00 49.00 AP 00011427 10/21/2020 CALIF GOVERNMENT VEBA/RANCHO CUCAMONGA 23,847.79 0.00 23,847.79 AP 00011428 10/21/2020 FLEENOR BELCO ELECTRIC INC 3,458.00 111,106.30 114,564.30 *** AP 00011429 10/21/2020 FEHR&PEERS 0.00 1,693.13 1,693.13 AP 00011430 10/21/2020 GEOGRAPHICS 770.33 0.00 770.33 AP 00011431 10/21/2020 RCCEA 1,798.25 0.00 1,798.25 AP 00011432 10/21/2020 RCPFA 12,599.29 0.00 12,599.29 AP 00011433 10/21/2020 RICHARDS WATSON AND GERSHON 63,596.73 9,325.37 72,922.10 *** AP 00011434 10/21/2020 TICKETS.COM 1,133.15 0.00 1,133.15 AP 00011435 10/22/2020 ABC LOCKSMITHS INC 121.84 0.00 121.84 AP 00011436 10/22/2020 BLR 560.31 0.00 560.31 AP 00011437 10/22/2020 BRODART BOOKS CO 1,628.00 0.00 1,628.00 AP 00011438 10/22/2020 CALSENSE 3,759.86 0.00 3,759.86 AP 00011439 10/22/2020 DUMBELL MAN FITNESS EQUIPMENT,THE 150.00 0.00 150.00 AP 00011440 10/22/2020 EMCOR SERVICES 7,620.00 276.00 7,896.00 *** AP 00011441 10/22/2020 HOSE MAN INC 0.00 145.87 145.87 AP 00011442 10/22/2020 OFFICE DEPOT 3,787.05 0.00 3,787.05 AP 00011443 10/22/2020 SAFELITE FULFILLMENT INC 253.78 0.00 253.78 AP 00011444 10/22/2020 SIEMENS MOBILITY INC 59,909.64 0.00 59,909.64 AP 00011445 10/22/2020 SOUTHERN CALIFORNIA NEWS GROUP 7,510.10 0.00 7,510.10 AP 00011446 10/22/2020 THOMPSON PLUMBING SUPPLY INC 256.50 0.00 256.50 AP 00011447 10/22/2020 THOMSON REUTERS WEST PUBLISHING CORP 331.00 0.00 331.00 AP 00011448 10/22/2020 VISTA PAINT 92.96 0.00 92.96 User:VLOPEZ-VERONICA LOPEZ Page: 1 Current Date: 10/26/2020 Report:CK AGENDA REG PORTRAIT_CONSOLIDATED- CK:Agenda Check Register Portrait Layout Page 1 tne: 15:32:13 CITY OF RANCHO CUCAMONGA AND RANCHO CUCAMONGA FIRE PROTECTION DISTRICT Excluding So Calif Gas Company. Agenda Check Register 10/12/2020 through 10/25/2020 Check No. Check Date Vendor Name City Fire Amount AP 00412948 10/14/2020 ALTA VISTA MOBILE HOME PARK 4,931.00 0.00 4,931.00 AP 00412949 10/14/2020 AMPLE MASSAGE SPA 2,500.00 0.00 2,500.00 AP 00412950 10/14/2020 AVANA RANCHO CUCAMONGA 4,800.00 0.00 4,800.00 AP 00412951 10/14/2020 BLASCO REAL ESTATE 3,600.00 0.00 3,600.00 AP 00412952 10/14/2020 BP INTERNATIONAL INC 3,696.25 0.00 3,696.25 AP 00412953 10/14/2020 CA BUSINESS SYSTEMS ENTERPRISE INC 3,442.29 0.00 3,442.29 AP 00412954 10/14/2020 CENTRAL PARK CLEANERS 2,500.00 0.00 2,500.00 AP 00412955 10/14/2020 CHRISTY GLENN 3,600.00 0.00 3,600.00 AP 00412956 10/14/2020 CORNERSTONE PROPERTY MANAGEMENT& 3,600.00 0.00 3,600.00 AP 00412958 10/14/2020 DYLAN WU 3,600.00 0.00 3,600.00 AP 00412959 10/14/2020 EUPHORIA NAILS AND SPA 2,500.00 0.00 2,500.00 AP 00412960 10/14/2020 FIR TERRACE 3,600.00 0.00 3,600.00 AP 00412961 10/14/2020 GE PROPERTY MANAGEMENT INC 2,011.42 0.00 2,011.42 AP 00412962 10/14/2020 GOOD NEWS BARBER SHOP 2,500.00 0.00 2,500.00 AP 00412963 10/14/2020 GRAND FARR INVESTMENT LLC 5,454.56 0.00 5,454.56 AP 00412964 10/14/2020 HAIRSTYLES BY CARMELA 2,500.00 0.00 2,500.00 AP 00412965 10/14/2020 IRONWOOD AT EMPIRE LAKES 3,600.00 0.00 3,600.00 AP 00412966 10/14/2020 JOHN LEE 3,600.00 0.00 3,600.00 AP 00412967 10/14/2020 KATHRYN CASEY 3,600.00 0.00 3,600.00 AP 00412968 10/14/2020 KENDREW DEVELOPMENT LLC 8,000.00 0.00 8,000.00 AP 00412969 10/14/2020 KOMAR RANCHO CENTER LLC 3,129.04 0.00 3,129.04 AP 00412970 10/14/2020 KWANG KIM 3,600.00 0.00 3,600.00 AP 00412971 10/14/2020 LAURA THOMPSON 3,600.00 0.00 3,600.00 AP 00412972 10/14/2020 LDC CENTRAL PARK PLAZA LLC 3,981.75 0.00 3,981.75 AP 00412973 10/14/2020 LDC TERRA VISTA VILLAGE LLC 4,129.89 0.00 4,129.89 AP 00412976 10/14/2020 LMC 8,400.00 0.00 8,400.00 AP 00412977 10/14/2020 LMC 4,800.00 0.00 4,800.00 AP 00412978 10/14/2020 LMC 7,200.00 0.00 7,200.00 AP 00412979 10/14/2020 LMC 3,600.00 0.00 3,600.00 AP 00412980 10/14/2020 LMC 10,800.00 0.00 10,800.00 AP 00412981 10/14/2020 LMC 3,600.00 0.00 3,600.00 AP 00412982 10/14/2020 LYFE COMPANY LLC 740.00 0.00 740.00 AP 00412983 10/14/2020 MGR PROPERTY MANAGEMENT 2,105.70 0.00 2,105.70 AP 00412984 10/14/2020 NAVEED KHAN 3,600.00 0.00 3,600.00 AP 00412985 10/14/2020 NEWLOOK EYEBROW THREADING INC 2,500.00 0.00 2,500.00 AP 00412986 10/14/2020 OZEL DEVELOPING 16,000.00 0.00 16,000.00 AP 00412987 10/14/2020 PHO VIET RESTAURANT 2,500.00 0.00 2,500.00 AP 00412988 10/14/2020 PROPERTY MANAGEMENT LEWIS MANAGEMENT CORP 15,706.59 0.00 15,706.59 AP 00412989 10/14/2020 QUALITY DEVELOPMENT CO INC 2,932.50 0.00 2,932.50 AP 00412990 10/14/2020 RANCHO DENTISTRY 2,500.00 0.00 2,500.00 AP 00412991 10/14/2020 RANCHO MALL LLC 16,000.00 0.00 16,000.00 AP 00412992 10/14/2020 RC HA LLC 1,628.00 0.00 1,628.00 AP 00412993 10/14/2020 RED PERSIMMON NAILS&SPA 2,500.00 0.00 2,500.00 AP 00412994 10/14/2020 RESERVE AT EMPIRE LAKES 6,845.00 0.00 6,845.00 AP 00412995 10/14/2020 SALON CAMEO 4,500.00 0.00 4,500.00 AP 00412996 10/14/2020 SCOTT LANGLOIS 3,345.00 0.00 3,345.00 AP 00412997 10/14/2020 SHOPS AT DAY CREEK VILLAGE LLC 3,077.68 0.00 3,077.68 User:VLOPEZ-VERONICA LOPEZ Page: 2 Current Date: 10/26/2020 Report:CK AGENDA REG PORTRAIT_CONSOLIDATED- CK:Agenda Check Register Portrait Layout Page 1%ne: 15:32:13 CITY OF RANCHO CUCAMONGA AND RANCHO CUCAMONGA FIRE PROTECTION DISTRICT Excluding So Calif Gas Company. Agenda Check Register 10/12/2020 through 10/25/2020 Check No. Check Date Vendor Name City Fire Amount AP 00412998 10/14/2020 SIERRA HEIGHTS 3,600.00 0.00 3,600.00 AP 00412999 10/14/2020 SNOW NAILS&SPA 4,500.00 0.00 4,500.00 AP 00413000 10/14/2020 SOLAMONTE 3,600.00 0.00 3,600.00 AP 00413001 10/14/2020 SYCAMORE SPRINGS APARTMENTS 7,326.00 0.00 7,326.00 AP 00413002 10/14/2020 TAMMY LIAO 3,600.00 0.00 3,600.00 AP 00413003 10/14/2020 TERRA VISTA-RANCHO CUCAMONGA 3,010.90 0.00 3,010.90 AP 00413004 10/14/2020 THE BEL AIRE 3,600.00 0.00 3,600.00 AP 00413006 10/14/2020 THOMAS WINERY PLAZA LLC 3,121.79 0.00 3,121.79 AP 00413007 10/14/2020 VERANO RANCHO CUCAMONGA TOWN SQUARE 12,000.00 0.00 12,000.00 AP 00413008 10/14/2020 YUEN CHANG 4,800.00 0.00 4,800.00 AP 00413009 10/14/2020 ABI DOCUMENT SUPPORT SERVICES 0.00 5.00 5.00 AP 00413010 10/14/2020 ABLE BUILDING MAINTENANCE 3,744.40 0.00 3,744.40 AP 00413011 10/14/2020 ABSG CONSULTING INC 5,730.00 0.00 5,730.00 AP 00413012 10/14/2020 AELAC GROUP INSURANCE 6,664.92 0.00 6,664.92 AP 00413013 10/14/2020 AELAC GROUP INSURANCE 4,443.28 0.00 4,443.28 AP 00413014 10/14/2020 ALL WELDING 330.00 0.00 330.00 AP 00413015 10/14/2020 ALLEN PIPELINE 1,000.00 0.00 1,000.00 AP 00413016 10/14/2020 ALPHAGRAPHICS 69.23 331.29 400.52 *** AP 00413017 10/14/2020 AMERICAN TRAINING RESOURCES INC 1,071.73 0.00 1,071.73 AP 00413018 10/14/2020 AMTECH ELEVATOR SERVICES 1,652.40 0.00 1,652.40 AP 00413019 10/14/2020 AQUABIO ENVIRONMENTAL TECHNOLOGIES INC 1,450.00 0.00 1,450.00 AP 00413020 10/14/2020 ASCENT ENVIRONMENTAL INC 8,025.00 0.00 8,025.00 AP 00413021 10/14/2020 BAKER&TAYLOR LLC 2,495.87 0.00 2,495.87 AP 00413022 10/14/2020 BARBARA'S ANSWERING SERVICE 552.00 0.00 552.00 AP 00413023 10/14/2020 BRIGHTVIEW LANDSCAPE SERVICES INC 22,278.36 0.00 22,278.36 AP 00413024 10/14/2020 C P CONSTRUCTION INC 843,753.90 0.00 843,753.90 AP 00413025 10/14/2020 C V W D 1,091.80 319.66 1,411.46 *** AP 00413030 10/14/2020 C V W D 107,298.78 608.49 107,907.27 *** AP 00413031 10/14/2020 CAGLE'S APPLIANCE CENTER 0.00 172.40 172.40 AP 00413032 10/14/2020 CALIFORNIA BUILDING STANDARDS COMMISSION 1,364.40 0.00 1,364.40 AP 00413033 10/14/2020 CALIFORNIA PATIO COVERS INC 512.48 0.00 512.48 AP 00413034 10/14/2020 CCS ORANGE COUNTY JANITORIAL INC 69,289.25 0.00 69,289.25 AP 00413035 10/14/2020 CINTAS CORPORATION #150 902.78 0.00 902.78 AP 00413036 10/14/2020 CITY CLERKS ASSOCIATION OF CALIF 35.00 0.00 35.00 AP 00413037 10/14/2020 CIVIC SOLUTIONS INC 8,587.50 0.00 8,587.50 AP 00413038 10/14/2020 CLEMENT COMMUNICATIONS INC 218.36 0.00 218.36 AP 00413039 10/14/2020 CONCEPT POWDER COATING 1,180.00 0.00 1,180.00 AP 00413040 10/14/2020 CONOR CONSULTING LLC 187.50 0.00 187.50 AP 00413041 10/14/2020 CONSOLIDATED ELECTRICAL DISTR INC 887.32 0.00 887.32 AP 00413042 10/14/2020 CORODATA MEDIA STORAGE INC 62.55 0.00 62.55 AP 00413043 10/14/2020 COVETRUS NORTH AMERICA 815.55 0.00 815.55 AP 00413044 10/14/2020 CRIME SCENE STERI-CLEAN LLC 540.00 0.00 540.00 AP 00413045 10/14/2020 D&K CONCRETE COMPANY 4,247.00 0.00 4,247.00 AP 00413046 10/14/2020 DELTA DENTAL INSURANCE COMPANY 1,143.24 0.00 1,143.24 AP 00413047 10/14/2020 DELTA DENTAL INSURANCE COMPANY 39,844.14 0.00 39,844.14 AP 00413048 10/14/2020 DENA,KEEGAN 0.00 324.00 324.00 AP 00413049 10/14/2020 DEPARTMENT OF CONSERVATION 5,781.07 0.00 5,781.07 User:VLOPEZ-VERONICA LOPEZ Page: 3 Current Date: 10/26/2020 Report:CK AGENDA REG PORTRAIT_CONSOLIDATED- CK:Agenda Check Register Portrait Layout Page 1 Wrne: 15:32:13 CITY OF RANCHO CUCAMONGA AND RANCHO CUCAMONGA FIRE PROTECTION DISTRICT Excluding So Calif Gas Company. Agenda Check Register 10/12/2020 through 10/25/2020 Check No. Check Date Vendor Name City Fire Amount AP 00413050 10/14/2020 DOBOS,JAMES L. 16.10 0.00 16.10 AP 00413051 10/14/2020 DOG WASTE DEPOT 675.34 0.00 675.34 AP 00413052 10/14/2020 EXPERIAN 52.00 0.00 52.00 AP 00413053 10/14/2020 EXPRESS BRAKE SUPPLY INC 308.95 0.00 308.95 AP 00413054 10/14/2020 FAIRVIEW FORD INC 1,493.46 0.00 1,493.46 AP 00413055 10/14/2020 FELICIANO,ANTHONY 77.00 0.00 77.00 AP 00413056 10/14/2020 FIRST CLASS INC 90.00 0.00 90.00 AP 00413057 10/14/2020 FIRSTCARBON SOLUTIONS 9,463.20 0.00 9,463.20 AP 00413058 10/14/2020 FORTIN LAW GROUP 2,055.90 0.00 2,055.90 AP 00413060 10/14/2020 FRONTIER COMM 2,371.91 711.55 3,083.46 *** AP 00413061 10/14/2020 GEORGE HILLS COMPANY 481.52 0.00 481.52 AP 00413062 10/14/2020 GOLDEN OAKS VET HOSPITAL 50.00 0.00 50.00 AP 00413063 10/14/2020 GOMEZ,LILIANA 75.00 0.00 75.00 AP 00413064 10/14/2020 GRAINGER 1,869.34 852.37 2,721.71 *** AP 00413065 10/14/2020 GRAPHICS FACTORY PRINTING INC 816.48 0.00 816.48 AP 00413066 10/14/2020 GRAYBAR ELECTRIC COMPANY INC 3,026.50 0.00 3,026.50 AP 00413067 10/14/2020 GRIFFIN,GREGORY 0.00 324.00 324.00 AP 00413068 10/14/2020 HAMILTON,MONIQUE 210.00 0.00 210.00 AP 00413069 10/14/2020 HARGIS,ILANY G 190.00 0.00 190.00 AP 00413070 10/14/2020 HEARTSAVERS LLC 700.00 0.00 700.00 AP 00413071 10/14/2020 HERITAGE EDUCATION GROUP 1,348.00 0.00 1,348.00 AP 00413072 10/14/2020 HI-WAY SAFETY INC 245.41 0.00 245.41 AP 00413073 10/14/2020 HIDDEN ROCK LARGE ANIMAL SVC 125.00 0.00 125.00 AP 00413074 10/14/2020 FIR GREEN PACIFIC INC 5,970.00 0.00 5,970.00 AP 00413075 10/14/2020 HUMANE SOCIETY OF SAN BERNARDINO VALLEY 177.00 0.00 177.00 AP 00413076 10/14/2020 IDEXX DISTRIBUTION INC 1,614.45 0.00 1,614.45 AP 00413077 10/14/2020 INLAND TOPSOIL MIXES 646.50 0.00 646.50 AP 00413078 10/14/2020 INTERSTATE BATTERIES 0.00 1,707.63 1,707.63 AP 00413079 10/14/2020 INYO NETWORKS 6,394.50 0.00 6,394.50 AP 00413080 10/14/2020 ITRON INC 6,786.40 0.00 6,786.40 AP 00413081 10/14/2020 J AND S STRIPING CO INC 5,152.49 0.00 5,152.49 AP 00413082 10/14/2020 JAMES ACCOUNTING SERVICE 2,500.00 0.00 2,500.00 AP 00413083 10/14/2020 JONES&ASSOCIATES,DIANNE 5,670.50 0.00 5,670.50 AP 00413084 10/14/2020 K-K WOODWORKING 53.82 0.00 53.82 AP 00413085 10/14/2020 KENNEDY EQUIPMENT INC 1,114.00 0.00 1,114.00 AP 00413086 10/14/2020 KIP AMERICA INC 1,806.96 0.00 1,806.96 AP 00413087 10/14/2020 KVAC ENVIRONMENTAL SERVICES INC 557.50 0.00 557.50 AP 00413088 10/14/2020 LA ROCQUE BETTER ROOFS INC 708.53 0.00 708.53 AP 00413089 10/14/2020 LANDSCAPE WEST MANAGEMENT SERVICES INC 65,970.28 0.00 65,970.28 AP 00413090 10/14/2020 LI,TERESA 54.64 0.00 54.64 AP 00413091 10/14/2020 LIANG,HAIFENG 122.00 0.00 122.00 AP 00413092 10/14/2020 LITTLE BEAR PRODUCTIONS 175.00 0.00 175.00 AP 00413094 10/14/2020 LOWES COMPANIES INC 8,559.80 838.65 9,398.45 *** AP 00413095 10/14/2020 MAGELLAN ADVISORS LLC 1,680.00 0.00 1,680.00 AP 00413096 10/14/2020 MAIN STREET SIGNS 393.07 0.00 393.07 AP 00413097 10/14/2020 MARIPOSA LANDSCAPES INC 20,757.21 0.00 20,757.21 AP 00413098 10/14/2020 MARK CHRISTOPHER INC 71.44 0.00 71.44 User:VLOPEZ-VERONICA LOPEZ Page: 4 Current Date: 10/26/2020 Report:CK AGENDA REG PORTRAIT_CONSOLIDATED- CK:Agenda Check Register Portrait Layout Page 1%ne: 15:32:13 CITY OF RANCHO CUCAMONGA AND RANCHO CUCAMONGA FIRE PROTECTION DISTRICT Excluding So Calif Gas Company. Agenda Check Register 10/12/2020 through 10/25/2020 Check No. Check Date Vendor Name City Fire Amount AP 00413099 10/14/2020 MCLAREN'S INSURANCE 0.00 500.00 500.00 AP 00413100 10/14/2020 MG PETROLEUM INC 677.00 0.00 677.00 AP 00413101 10/14/2020 MIDWEST TAPE 2,949.38 0.00 2,949.38 AP 00413102 10/14/2020 MIJAC ALARM COMPANY 21,815.62 0.00 21,815.62 AP 00413103 10/14/2020 MONTGOMERY HARDWARE CO 352.34 0.00 352.34 AP 00413104 10/14/2020 MOSKOWITZ,HEATHER 40.00 0.00 40.00 AP 00413105 10/14/2020 MOUNTAIN VIEW SMALL ENG REPAIR 36.59 0.00 36.59 AP 00413106 10/14/2020 NAPA AUTO PARTS 8.81 958.05 966.86 *** AP 00413107 10/14/2020 NBS 7,712.50 0.00 7,712.50 AP 00413108 10/14/2020 NEW URBAN REALTY ADVISORS INC 24,508.99 0.00 24,508.99 AP 00413109 10/14/2020 OCCUPATIONAL HEALTH CTRS OF CA 0.00 172.00 172.00 AP 00413110 10/14/2020 ONTARIO WINNELSON CO 30.08 0.00 30.08 AP 00413111 10/14/2020 ORKIN PEST CONTROL 2,092.80 0.00 2,092.80 AP 00413112 10/14/2020 PACIFIC UTILITY INSTALLATION INC 40,140.00 0.00 40,140.00 AP 00413113 10/14/2020 PARKHOUSE TIRE INC 589.12 0.00 589.12 AP 00413114 10/14/2020 PATTON,LORRIE 60.96 0.00 60.96 AP 00413115 10/14/2020 PEP BOYS 34.42 0.00 34.42 AP 00413116 10/14/2020 PINNACLE PETROLEUM INC 18,306.64 0.00 18,306.64 AP 00413117 10/14/2020 PLACEWORKS 3,877.28 0.00 3,877.28 AP 00413118 10/14/2020 PORTKA,ANDREW 95.00 0.00 95.00 AP 00413119 10/14/2020 POSTAL PERFECT 45.00 0.00 45.00 AP 00413120 10/14/2020 POWER&TELEPHONE SUPPLY COMPANY 549.59 0.00 549.59 AP 00413121 10/14/2020 RAND R AUTOMOTIVE 1,192.12 0.00 1,192.12 AP 00413122 10/14/2020 RANCHO SMOG CENTER 239.70 0.00 239.70 AP 00413123 10/14/2020 RANCHO WEST ANIMAL HOSPITAL 100.00 0.00 100.00 AP 00413124 10/14/2020 RDO EQUIPMENT COMPANY 114.31 0.00 114.31 AP 00413125 10/14/2020 ROOMS N'COVERS ETC 760.45 0.00 760.45 AP 00413126 10/14/2020 ROSEBURROUGH TOOLS INC 35.82 0.00 35.82 AP 00413127 10/14/2020 SAN BERNARDINO CO FIRE DEPT 62,064.78 0.00 62,064.78 AP 00413128 10/14/2020 SAN BERNARDINO COUNTY 15,008.88 0.00 15,008.88 AP 00413129 10/14/2020 SHERWIN WILLIAMS CO,THE 37.44 0.00 37.44 AP 00413130 10/14/2020 SHRED PROS 118.00 0.00 118.00 AP 00413131 10/14/2020 SIGN SHOP,THE 175.63 0.00 175.63 AP 00413132 10/14/2020 SMITH,ALAN 160.00 0.00 160.00 AP 00413136 10/14/2020 SOUTHERN CALIFORNIA EDISON 11,351.88 3,601.34 14,953.22 *** AP 00413137 10/14/2020 SOUTHERN CALIFORNIA EDISON 16,800.68 0.00 16,800.68 AP 00413138 10/14/2020 STILES ANIMAL REMOVAL INC 600.00 0.00 600.00 AP 00413139 10/14/2020 STRATEGIC ECONOMICS INC 6,215.76 0.00 6,215.76 AP 00413140 10/14/2020 SUCCESS EXPRESSED 1,800.00 0.00 1,800.00 AP 00413141 10/14/2020 T S R CONSTRUCTION&INSPECTION 2,755.90 0.00 2,755.90 AP 00413142 10/14/2020 THE COUNSELING TEAM INTERNATIONAL 0.00 1,275.00 1,275.00 AP 00413143 10/14/2020 TINT CITY WINDOW TINTING 520.00 0.00 520.00 AP 00413144 10/14/2020 TIREHUB LLC 370.39 0.00 370.39 AP 00413145 10/14/2020 TOON,KATHY 20.00 0.00 20.00 AP 00413146 10/14/2020 TORO TOWING 350.00 0.00 350.00 AP 00413147 10/14/2020 TRANSWEST TRUCK CENTER 51.06 0.00 51.06 AP 00413148 10/14/2020 U.S.BANK PARS ACCT#6746022500 1,118.05 0.00 1,118.05 User:VLOPEZ-VERONICA LOPEZ Page: 5 Current Date: 10/26/2020 Report:CK AGENDA REG PORTRAIT_CONSOLIDATED- CK:Agenda Check Register Portrait Layout Page 1%ne: 15:32:13 CITY OF RANCHO CUCAMONGA AND RANCHO CUCAMONGA FIRE PROTECTION DISTRICT Excluding So Calif Gas Company. Agenda Check Register 10/12/2020 through 10/25/2020 Check No. Check Date Vendor Name City Fire Amount AP 00413149 10/14/2020 U.S.BANK PARS ACCT#6746022500 14,958.46 0.00 14,958.46 AP 00413150 10/14/2020 U.S.BANK PARS ACCT#6745033700 6,605.00 0.00 6,605.00 AP 00413151 10/14/2020 UTILIQUEST 865.53 0.00 865.53 AP 00413152 10/14/2020 VELOCITY TRUCK CENTERS 205.24 0.00 205.24 AP 00413153 10/14/2020 VERIZON WIRELESS-LA 266.88 0.00 266.88 AP 00413158 10/14/2020 VERIZON WIRELESS-LA 5,269.53 0.00 5,269.53 AP 00413159 10/14/2020 VERIZON WIRELESS-LA 1,363.24 0.00 1,363.24 AP 00413160 10/14/2020 VERIZON WIRELESS-LA 85.67 0.00 85.67 AP 00413161 10/14/2020 VERIZON WIRELESS-LA 86.65 0.00 86.65 AP 00413162 10/14/2020 VERIZON WIRELESS-LA 5,160.54 0.00 5,160.54 AP 00413163 10/14/2020 VERONICA TAM AND ASSOCIATES 5,017.00 0.00 5,017.00 AP 00413164 10/14/2020 VICTOR MEDICAL COMPANY 1,812.05 0.00 1,812.05 AP 00413165 10/14/2020 VULCAN MATERIALS COMPANY 113.07 0.00 113.07 AP 00413166 10/14/2020 VULCAN MATERIALS COMPANY 42.50 0.00 42.50 AP 00413167 10/14/2020 WHITE HOUSE PHOTO INC 5,652.50 0.00 5,652.50 AP 00413168 10/14/2020 WINFUND MANAGEMENT 447.12 0.00 447.12 AP 00413169 10/14/2020 XEROX CORPORATION 281.09 0.00 281.09 AP 00413170 10/14/2020 XEROX FINANCIAL SERVICES 298.38 0.00 298.38 AP 00413171 10/14/2020 ZOETIS US LLC 205.82 0.00 205.82 AP 00413172 10/15/2020 ASSISTANCE LEAGUE OF THE FOOTHILL COMMUNITIES 2,500.00 0.00 2,500.00 AP 00413173 10/15/2020 CREEKSIDE ALTA LOMA-PINNACLE LIVING 3,600.00 0.00 3,600.00 AP 00413174 10/15/2020 LMC 13,200.00 0.00 13,200.00 AP 00413175 10/15/2020 RSMC SERVICES 2,500.00 0.00 2,500.00 AP 00413176 10/15/2020 THE GROVES ON FOOTHILL 8,400.00 0.00 8,400.00 AP 00413177 10/21/2020 4TH&MILL 3,752.43 0.00 3,752.43 AP 00413178 10/21/2020 A4 HOSPITALITY INC 2,500.00 0.00 2,500.00 AP 00413179 10/21/2020 ARTE 4,800.00 0.00 4,800.00 AP 00413180 10/21/2020 ARTE 2,832.48 0.00 2,832.48 AP 00413181 10/21/2020 ARTHUR FRIEDMAN OD 2,500.00 0.00 2,500.00 AP 00413182 10/21/2020 BIKRAM YOGA RANCHO CUCAMONGA 2,500.00 0.00 2,500.00 AP 00413183 10/21/2020 CA BUSINESS SYSTEMS ENTERPRISE INC 3,442.29 0.00 3,442.29 AP 00413184 10/21/2020 CCI HAVEN RC LLC 3,558.00 0.00 3,558.00 AP 00413185 10/21/2020 CERENZIA FOODS 2,500.00 0.00 2,500.00 AP 00413186 10/21/2020 CHI ZHANG 3,600.00 0.00 3,600.00 AP 00413187 10/21/2020 CITYCOM 10,391.35 0.00 10,391.35 AP 00413188 10/21/2020 CONTACT RC LLP 3,834.72 0.00 3,834.72 AP 00413189 10/21/2020 CREPES DE PARIS INC 2,500.00 0.00 2,500.00 AP 00413190 10/21/2020 DEATH&TAXES 2,500.00 0.00 2,500.00 AP 00413191 10/21/2020 DH CHARLES SMITH LLC 8,000.00 0.00 8,000.00 AP 00413192 10/21/2020 DWB DEVELOPMENT COMPANY 1,556.51 0.00 1,556.51 AP 00413193 10/21/2020 EAGLE CELL GROUP LLC 8,000.00 0.00 8,000.00 AP 00413194 10/21/2020 EIGHTH STREET RANCHO LLC 1,100.00 0.00 1,100.00 AP 00413195 10/21/2020 ENTREPRENEURIAL RESTAURANT CORPORATION 8,000.00 0.00 8,000.00 AP 00413196 10/21/2020 FIR TERRACE 3,600.00 0.00 3,600.00 AP 00413197 10/21/2020 FLAMINGO PALMS CUBAN CAFE&RESTAURANTS 2,500.00 0.00 2,500.00 AP 00413198 10/21/2020 FOOTHILL VILLAGE PLAZA LLC 1,051.17 0.00 1,051.17 AP 00413199 10/21/2020 FOOTHILL VINEYARD PLAZA LLC 1,524.00 0.00 1,524.00 User:VLOPEZ-VERONICA LOPEZ Page: 6 Current Date: 10/26/2020 Report:CK AGENDA REG PORTRAIT_CONSOLIDATED- CK:Agenda Check Register Portrait Layout Page 1 Nne: 15:32:13 CITY OF RANCHO CUCAMONGA AND RANCHO CUCAMONGA FIRE PROTECTION DISTRICT Excluding So Calif Gas Company. Agenda Check Register 10/12/2020 through 10/25/2020 Check No. Check Date Vendor Name City Fire Amount AP 00413200 10/21/2020 FOOTHILLS PSYCHOLOGICAL 2,500.00 0.00 2,500.00 AP 00413201 10/21/2020 FRANK RAMOS 3,600.00 0.00 3,600.00 AP 00413202 10/21/2020 GE PROPERTY MANAGEMENT INC 2,630.47 0.00 2,630.47 AP 00413203 10/21/2020 HAVEN CITY MARKET LLC 3,649.50 0.00 3,649.50 AP 00413204 10/21/2020 HAVENGATE BUSINESS CENTER TWO 3,004.40 0.00 3,004.40 AP 00413205 10/21/2020 JBNK RANCHO LLC 2,500.00 0.00 2,500.00 AP 00413206 10/21/2020 JENNIFER CHEUNG TANG 3,600.00 0.00 3,600.00 AP 00413207 10/21/2020 JOSEPH ARDEN 3,600.00 0.00 3,600.00 AP 00413208 10/21/2020 KL RANCHO PROPERTY LLC 1,816.86 0.00 1,816.86 AP 00413209 10/21/2020 KLENSKE INSURANCE AGENCY 2,500.00 0.00 2,500.00 AP 00413210 10/21/2020 LDC CENTRAL PARK PLAZA LLC 14,896.85 0.00 14,896.85 AP 00413211 10/21/2020 LE MACARON RANCHO CUCAMONGA 2,500.00 0.00 2,500.00 AP 00413212 10/21/2020 LEGACY INVESTMENT SERVICES LLC 2,500.00 0.00 2,500.00 AP 00413213 10/21/2020 LMC 15,600.00 0.00 15,600.00 AP 00413214 10/21/2020 LMC 8,250.00 0.00 8,250.00 AP 00413215 10/21/2020 LMC 3,600.00 0.00 3,600.00 AP 00413216 10/21/2020 LMC 7,200.00 0.00 7,200.00 AP 00413217 10/21/2020 LYFE COMPANY LLC 2,813.97 0.00 2,813.97 AP 00413218 10/21/2020 MARIO J RICCIARDI DMD 2,500.00 0.00 2,500.00 AP 00413219 10/21/2020 MAS FITNESS LLC 2,500.00 0.00 2,500.00 AP 00413220 10/21/2020 MONTEREY VILLAGE APARTMENTS 1,824.00 0.00 1,824.00 AP 00413221 10/21/2020 PACIFIC/CONSTANZO LEWIS 2,888.71 0.00 2,888.71 AP 00413222 10/21/2020 PARIS CAFE 2,500.00 0.00 2,500.00 AP 00413223 10/21/2020 PERSONA DENTAL GROUP OF SHAW DDS INC 2,500.00 0.00 2,500.00 AP 00413224 10/21/2020 PRETTY COOL INC 2,500.00 0.00 2,500.00 AP 00413225 10/21/2020 RANCHO CUCAMONGA QUAKES 2,500.00 0.00 2,500.00 AP 00413226 10/21/2020 RANCHO MALL LLC 5,100.00 0.00 5,100.00 AP 00413227 10/21/2020 RANCHO MALL LLC 22,454.28 0.00 22,454.28 AP 00413228 10/21/2020 RANCHO TECH LLC 924.50 0.00 924.50 AP 00413229 10/21/2020 RANCHO VILLAS APARTMENTS 3,600.00 0.00 3,600.00 AP 00413230 10/21/2020 RC PLAZA 4,443.92 0.00 4,443.92 AP 00413231 10/21/2020 RDM MANAGEMENT INC 3,600.00 0.00 3,600.00 AP 00413232 10/21/2020 RHAPSODY EDUCATION 2,500.00 0.00 2,500.00 AP 00413233 10/21/2020 RMA LAND LLC 2,270.18 0.00 2,270.18 AP 00413234 10/21/2020 ROYAL NAILS&SPA 2,500.00 0.00 2,500.00 AP 00413235 10/21/2020 SCHEU MANAGEMENT CORPORATION 8,000.00 0.00 8,000.00 AP 00413236 10/21/2020 SIERRA HEIGHTS 3,600.00 0.00 3,600.00 AP 00413237 10/21/2020 SOLAMONTE 9,600.00 0.00 9,600.00 AP 00413238 10/21/2020 SOLORIO BREWING COMPANY LLC 3,578.63 0.00 3,578.63 AP 00413239 10/21/2020 SPECTA INC 2,500.00 0.00 2,500.00 AP 00413240 10/21/2020 STADIUM DENTAL AND ORTHODONTICS 2,500.00 0.00 2,500.00 AP 00413241 10/21/2020 TATIANA SILVA 2,500.00 0.00 2,500.00 AP 00413242 10/21/2020 THE BEL AIRE 3,600.00 0.00 3,600.00 AP 00413243 10/21/2020 THE CVRC COMPANY LLC 2,346.74 0.00 2,346.74 AP 00413244 10/21/2020 THE DELI 2,500.00 0.00 2,500.00 AP 00413245 10/21/2020 US HUNG WUI INVESTMENT INC 5,183.99 0.00 5,183.99 AP 00413246 10/21/2020 WEST END FAMILY COUNSELING SERVICE 2,500.00 0.00 2,500.00 User:VLOPEZ-VERONICA LOPEZ Page: 7 Current Date: 10/26/2020 Report:CK AGENDA REG PORTRAIT_CONSOLIDATED- CK:Agenda Check Register Portrait Layout Page 1 f irne: 15:32:13 CITY OF RANCHO CUCAMONGA AND RANCHO CUCAMONGA FIRE PROTECTION DISTRICT Excluding So Calif Gas Company. Agenda Check Register 10/12/2020 through 10/25/2020 Check No. Check Date Vendor Name City Fire Amount AP 00413247 10/21/2020 WLPX DAY CREEK LLC 3,731.00 0.00 3,731.00 AP 00413248 10/21/2020 YUEN SIANG HUNG 3,201.46 0.00 3,201.46 AP 00413249 10/21/2020 ZAIT CORP 2,500.00 0.00 2,500.00 AP 00413250 10/21/2020 ZENDEJAS MEXICAN GRILL 4,500.00 0.00 4,500.00 AP 00413251 10/21/2020 360 DEEP CLEANING LLC 0.00 5,102.50 5,102.50 AP 00413252 10/21/2020 ABLE BUILDING MAINTENANCE 304.75 0.00 304.75 AP 00413253 10/21/2020 ADVANCED CHEMICAL TRANSPORT INC 1,282.00 0.00 1,282.00 AP 00413254 10/21/2020 AELAC GROUP INSURANCE 24.58 0.00 24.58 AP 00413255 10/21/2020 AKBAY,DUYGU TUKEL 945.68 0.00 945.68 AP 00413256 10/21/2020 ALLSOP,OPHELIA 50.00 0.00 50.00 AP 00413257 10/21/2020 ALPHAGRAPHICS 92.32 0.00 92.32 AP 00413258 10/21/2020 ALTA VISTA MOBILE HOME PARK 397.59 0.00 397.59 AP 00413259 10/21/2020 ALTUM GROUP,THE 285.25 0.00 285.25 AP 00413260 10/21/2020 AMERICAN SOCIETY OF SAFETY PROFESSIONALS 255.00 0.00 255.00 AP 00413261 10/21/2020 AMERICAN TRAINING RESOURCES INC 1,071.73 0.00 1,071.73 AP 00413262 10/21/2020 ASSI SECURITY 525.00 135.00 660.00 *** AP 00413263 10/21/2020 AUTOLIFT SERVICES INC 5,281.32 0.00 5,281.32 AP 00413264 10/21/2020 BAKER&TAYLOR LLC 16.30 0.00 16.30 AP 00413265 10/21/2020 BERLITZ LANGUAGES INC 195.00 0.00 195.00 AP 00413266 10/21/2020 BESTWAY LAUNDRY SOLUTIONS 0.00 15,945.96 15,945.96 AP 00413267 10/21/2020 BOUND TREE MEDICAL LLC 0.00 335.96 335.96 AP 00413268 10/21/2020 BRIGHTVIEW LANDSCAPE SERVICES INC 16,797.50 0.00 16,797.50 AP 00413269 10/21/2020 BROWN,JESSICA 148.08 0.00 148.08 AP 00413270 10/21/2020 BUSINESS MANAGEMENT DAILY 147.00 0.00 147.00 AP 00413271 10/21/2020 C T&T CONCRETE PAVING INC 6,258.98 0.00 6,258.98 AP 00413275 10/21/2020 C V W D 41,260.35 802.94 42,063.29 *** AP 00413276 10/21/2020 CA LLC-ALTA LAGUNA MHP 500.00 0.00 500.00 AP 00413277 10/21/2020 CAL PERS LONG-TERM CARE PROGRAM 164.48 0.00 164.48 AP 00413278 10/21/2020 CAL-OSHA REPORTER 427.00 0.00 427.00 AP 00413279 10/21/2020 CALIF DEPT OF TAX&FEE ADMINISTRATION 735.43 443.77 1,179.20 *** AP 00413280 10/21/2020 CALIFORNIA DEPT OF TAX&FEE ADMINISTRATION 6,227.49 0.00 6,227.49 AP 00413281 10/21/2020 CALIFORNIA,STATE OF 314.11 0.00 314.11 AP 00413282 10/21/2020 CALIFORNIA,STATE OF 127.52 0.00 127.52 AP 00413283 10/21/2020 CALIFORNIA,STATE OF 32.26 0.00 32.26 AP 00413284 10/21/2020 CALIFORNIA,STATE OF 342.73 0.00 342.73 AP 00413285 10/21/2020 CASA VOLANTE MOBILE HOME PARK 700.00 0.00 700.00 AP 00413286 10/21/2020 CHAPARRAL HEIGHTS MOBILE HOME PARK 474.35 0.00 474.35 AP 00413287 10/21/2020 CINTAS CORPORATION #150 872.70 862.62 1,735.32 *** AP 00413288 10/21/2020 CLIMATEC LLC 7,778.00 0.00 7,778.00 AP 00413289 10/21/2020 CODING MINDS INC 336.00 0.00 336.00 AP 00413290 10/21/2020 COMBINED MARTIAL SCIENCE INC 42.00 0.00 42.00 AP 00413291 10/21/2020 COMPTIA INC 3,500.00 0.00 3,500.00 AP 00413292 10/21/2020 CONCEPT POWDER COATING 90.00 0.00 90.00 AP 00413293 10/21/2020 CONSOLIDATED ELECTRICAL DISTR INC 3,911.33 0.00 3,911.33 AP 00413294 10/21/2020 CONSUMERS PIPE&SUPPLY CO 0.00 105.87 105.87 AP 00413295 10/21/2020 DANIELS TIRE SERVICE 0.00 2,221.26 2,221.26 AP 00413296 10/21/2020 DANIELS,ROBIN 94.60 0.00 94.60 User:VLOPEZ-VERONICA LOPEZ Page: 8 Current Date: 10/26/2020 Report:CK AGENDA REG PORTRAIT_CONSOLIDATED- CK:Agenda Check Register Portrait Layout Page 1 f?rne: 15:32:13 CITY OF RANCHO CUCAMONGA AND RANCHO CUCAMONGA FIRE PROTECTION DISTRICT Excluding So Calif Gas Company. Agenda Check Register 10/12/2020 through 10/25/2020 Check No. Check Date Vendor Name City Fire Amount AP 00413297 10/21/2020 DEPARTMENT OF JUSTICE 226.00 0.00 226.00 AP 00413298 10/21/2020 DEPENDABLE COMPANY INC 12.75 0.00 12.75 AP 00413299 10/21/2020 DIG SAFE BOARD 203.38 0.00 203.38 AP 00413300 10/21/2020 DIRECTV 69.99 0.00 69.99 AP 00413301 10/21/2020 DIRECTV 179.24 0.00 179.24 AP 00413302 10/21/2020 DIVISION OF THE STATE ARCHITECT 1,266.00 0.00 1,266.00 AP 00413303 10/21/2020 EDDY,MATTHEW W 0.00 295.00 295.00 AP 00413304 10/21/2020 EXPRESS BRAKE SUPPLY INC 179.66 0.00 179.66 AP 00413305 10/21/2020 FABRE,PHUONG 63.00 0.00 63.00 AP 00413306 10/21/2020 FEDERAL EXPRESS CORP 91.42 0.00 91.42 AP 00413307 10/21/2020 FEDERAL SIGNAL CORPORATION 4,984.52 -497.81 4,486.71 *** AP 00413308 10/21/2020 FERGUSON ENTERPRISES LLC#1350 84.30 0.00 84.30 AP 00413309 10/21/2020 FIRSTCARBON SOLUTIONS 6,513.70 0.00 6,513.70 AP 00413310 10/21/2020 FRONTIER COMM 1,073.49 653.50 1,726.99 *** AP 00413311 10/21/2020 FRONTIER COMM 3,373.38 0.00 3,373.38 AP 00413312 10/21/2020 FUEL SERV 1,420.00 0.00 1,420.00 AP 00413313 10/21/2020 GENTRY BROTHERS INC 625,438.93 0.00 625,438.93 AP 00413314 10/21/2020 GOLDEN STATE RISK MANAGEMENT AUTHORITY 87,383.00 1,114.00 88,497.00 *** AP 00413315 10/21/2020 GRAINGER 375.17 0.00 375.17 AP 00413316 10/21/2020 GRAYBAR ELECTRIC COMPANY INC 2,850.79 0.00 2,850.79 AP 00413317 10/21/2020 GROVE LUMBER 1,902.48 0.00 1,902.48 AP 00413318 10/21/2020 GROVES ON FOOTHILL,THE 200.00 0.00 200.00 AP 00413319 10/21/2020 HAULAWAY STORAGE CONTAINERS INC 119.84 0.00 119.84 AP 00413320 10/21/2020 HENRY SCHEIN INC 0.00 269.38 269.38 AP 00413321 10/21/2020 HI-LINE ELECTRIC COMPANY 723.61 0.00 723.61 AP 00413322 10/21/2020 HI-WAY SAFETY INC 493.28 0.00 493.28 AP 00413323 10/21/2020 HLP INC 157.50 0.00 157.50 AP 00413324 10/21/2020 HMC ARCHITECTS 2,940.00 11,095.53 14,035.53 *** AP 00413325 10/21/2020 HOLLOWAY,JACK 0.00 295.00 295.00 AP 00413326 10/21/2020 HOME DEPOT CREDIT SERVICES 340.72 0.00 340.72 AP 00413327 10/21/2020 HOMETOWN AMERICA RAMONA VILLA 1,000.00 0.00 1,000.00 AP 00413328 10/21/2020 HOYT LUMBER CO,S M 0.00 121.33 121.33 AP 00413329 10/21/2020 INDUSTRIAL HARDWARE&SERVICE CO 155.16 0.00 155.16 AP 00413330 10/21/2020 INLAND VALLEY DANCE ACADEMY 269.50 0.00 269.50 AP 00413331 10/21/2020 INTELESYS 140.00 0.00 140.00 AP 00413332 10/21/2020 JERICHO SYSTEMS INC 47,700.00 0.00 47,700.00 AP 00413333 10/21/2020 JIBRI,TIARAH 504.00 0.00 504.00 AP 00413334 10/21/2020 LANDORF,RICHARD 0.00 295.00 295.00 AP 00413335 10/21/2020 LANDSCAPE WEST MANAGEMENT SERVICES INC 11,176.01 0.00 11,176.01 AP 00413336 10/21/2020 LEXIPOL LLC 0.00 6,928.00 6,928.00 AP 00413337 10/21/2020 LICHTMAN,OFER 0.00 324.00 324.00 AP 00413338 10/21/2020 LMC 3,600.00 0.00 3,600.00 AP 00413339 10/21/2020 MABINI,EDWARD 155.00 0.00 155.00 AP 00413340 10/21/2020 MARIPOSA LANDSCAPES INC 332.88 0.00 332.88 AP 00413341 10/21/2020 MARLINK SA INC 0.00 163.48 163.48 AP 00413342 10/21/2020 MCMASTER-CARR SUPPLY COMPANY 427.56 0.00 427.56 AP 00413343 10/21/2020 MIDWEST TAPE 482.00 0.00 482.00 User:VLOPEZ-VERONICA LOPEZ Page: 9 Current Date: 10/26/2020 Report:CK AGENDA REG PORTRAIT_CONSOLIDATED- CK:Agenda Check Register Portrait Layout Page 1 e: 15:32:13 CITY OF RANCHO CUCAMONGA AND RANCHO CUCAMONGA FIRE PROTECTION DISTRICT Excluding So Calif Gas Company. Agenda Check Register 10/12/2020 through 10/25/2020 Check No. Check Date Vendor Name City Fire Amount AP 00413344 10/21/2020 MUTUAL PROPANE 0.00 20.00 20.00 AP 00413345 10/21/2020 NAPA AUTO PARTS 0.00 827.37 827.37 AP 00413346 10/21/2020 NEW LEAF BRIDAL SHOP 2,500.00 0.00 2,500.00 AP 00413347 10/21/2020 OCCUPATIONAL HEALTH CTRS OF CA 3,708.50 24.50 3,733.00 *** AP 00413348 10/21/2020 ORANGE LINE OIL COMPANY 2,151.26 0.00 2,151.26 AP 00413349 10/21/2020 ORKIN PEST CONTROL 87.02 370.08 457.10 *** AP 00413350 10/21/2020 PACIFIC PRODUCTIONS 1,375.00 0.00 1,375.00 AP 00413351 10/21/2020 PINNACLE PETROLEUM INC 4,975.02 0.00 4,975.02 AP 00413352 10/21/2020 PRE-PAID LEGAL SERVICES INC 60.17 0.00 60.17 AP 00413353 10/21/2020 RAMIREZ,MARGARITA 1,032.00 0.00 1,032.00 AP 00413354 10/21/2020 RANCHO SMOG CENTER 279.65 0.00 279.65 AP 00413355 10/21/2020 RDO EQUIPMENT COMPANY 214.14 0.00 214.14 AP 00413356 10/21/2020 RUBEN'S AUTO COLLISION CENTER 885.00 0.00 885.00 AP 00413357 10/21/2020 SAFE-ENTRY TECHNICAL INC 0.00 1,050.00 1,050.00 AP 00413358 10/21/2020 SBPEA 2,465.80 0.00 2,465.80 AP 00413359 10/21/2020 SCL 0.00 1,281.04 1,281.04 AP 00413360 10/21/2020 SHEAKLEY PENSION ADMINISTRATION 457.65 182.45 640.10 *** AP 00413361 10/21/2020 SHERIFFS COURT SERVICES 100.00 0.00 100.00 AP 00413362 10/21/2020 SHERWIN WILLIAMS CO,THE 122.57 0.00 122.57 AP 00413363 10/21/2020 SIGN SHOP,THE 275.84 0.00 275.84 AP 00413364 10/21/2020 SO CALIF GAS COMPANY 112.36 334.03 446.39 *** AP 00413365 10/21/2020 SOUTH COAST AQMD 136.40 1,091.08 1,227.48 *** AP 00413369 10/21/2020 SOUTHERN CALIFORNIA EDISON 12,323.76 1,745.01 14,068.77 *** AP 00413370 10/21/2020 SOUTHERN CALIFORNIA EDISON 44,900.17 0.00 44,900.17 AP 00413371 10/21/2020 SOUTHERN CALIFORNIA EDISON 28,425.04 0.00 28,425.04 AP 00413372 10/21/2020 SUCCESS EXPRESSED 1,000.00 0.00 1,000.00 AP 00413373 10/21/2020 SULLIVAN,ANGELA 200.00 0.00 200.00 AP 00413374 10/21/2020 TECH RESCUE TRAINERS INC 0.00 3,000.00 3,000.00 AP 00413375 10/21/2020 TELEFLEX LLC 0.00 1,308.50 1,308.50 AP 00413376 10/21/2020 TIREHUB LLC 126.36 0.00 126.36 AP 00413377 10/21/2020 TOMCO LLC 1,557.81 0.00 1,557.81 AP 00413378 10/21/2020 UNDERGROUND SVC ALERT OF SO CAL 246.05 0.00 246.05 AP 00413379 10/21/2020 UNITED WAY 50.00 0.00 50.00 AP 00413380 10/21/2020 UNIVERSAL FLEET SUPPLY 0.00 44.91 44.91 AP 00413381 10/21/2020 UPS 14.54 0.00 14.54 AP 00413382 10/21/2020 VELOCITY TRUCK CENTERS 836.11 81.88 917.99 *** AP 00413383 10/21/2020 VERIZON 33.66 0.00 33.66 AP 00413384 10/21/2020 VIGILANT SOLUTIONS LLC 229,794.71 0.00 229,794.71 AP 00413385 10/21/2020 VISION COMMUNICATIONS CO 1,325.37 0.00 1,325.37 AP 00413386 10/21/2020 VOHNE LICHE KENNELS INC 125.00 0.00 125.00 AP 00413387 10/21/2020 VULCAN MATERIALS COMPANY 75.52 0.00 75.52 AP 00413388 10/21/2020 WAXIE SANITARY SUPPLY 1,803.71 5,837.64 7,641.35 *** AP 00413389 10/21/2020 WESTERN TELEMATIC INC 4,520.99 4,521.04 9,042.03 *** AP 00413390 10/21/2020 WESTRUX INTERNATIONAL INC 1,080.64 0.00 1,080.64 AP 00413391 10/21/2020 WILSON&BELL AUTO SERVICE 1,479.02 0.00 1,479.02 User:VLOPEZ-VERONICA LOPEZ Page: 10 Current Date: 10/26/2020 Report:CK AGENDA REG PORTRAIT_CONSOLIDATED- CK:Agenda Check Register Portrait Layout Page 1 i`nme: 15:32:13 CITY OF RANCHO CUCAMONGA AND RANCHO CUCAMONGA FIRE PROTECTION DISTRICT Excluding So Calif Gas Company. Agenda Check Register 10/12/2020 through 10/25/2020 Check No. Check Date Vendor Name City Fire Amount Total City: $4,324,059.28 Total Fire: $208,578.49 Grand Total: . Note: *** Check Number includes both City and Fire District expenditures User:VLOPEZ-VERONICA LOPEZ Page: 11 Current Date: 10/26/2020 Report:CK AGENDA REG PORTRAIT_CONSOLIDATED- CK:Agenda Check Register Portrait Layout Page 1 fne: 15:32:13 a a a DATE: November 4, 2020 TO: Mayor and Members of the City Council FROM: John R. Gillison, City Manager INITIATED BY: Veronica Lopez, Accounts Payable Supervisor SUBJECT: Consideration to Approve Weekly Check Registers for Checks Issued to Southern California Gas Company in the Amount of $112.36 Dated October 12, 2020 Through October 25, 2020. 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 MISSION /VISION / GOAL(S) ADDRESSED: N/A ATTACHMENTS: Attachment 1 - Weekly Check Registers for Checks Issued to Southern California Gas Company Page 176 CITY OF RANCHO CUCAMONGA AND RANCHO CUCAMONGA FIRE PROTECTION DISTRICT So Calif Gas Company Only. Agenda Check Register 10/12/2020 through 10/25/2020 Check No. Check Date Vendor Name City Fire Amount AP 00413364 10/21/2020 SO CALIF GAS COMPANY 112.36 334.03 446.39 *** Total City: $112.36 Total Fire: $334.03 Grand Total: $44T.79 Note: *** Check Number includes both City and Fire District expenditures User:VLOPEZ-VERONICA LOPEZ Page: 1 Current Date: 10/26/2020 Report:CK AGENDA REG PORTRAIT_CONSOLIDATED- CK:Agenda Check Register Portrait Layout Page 1 f1me: 08:35:15 m m m DATE: November 4, 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 Matthew Addington, Associate Engineer SUBJECT: Consideration to Approve an Improvement Agreement, Improvement Securities, and Resolutions Ordering the Annexation into Landscape Maintenance District No. 3B, and into Street Light Maintenance Districts No.'s 1 and 6 Located on the North Side of 9th Street, West of Vineyard Avenue, at 8768 9th Street, Related to Case No. DRC2018-00912. (RESOLUTION NO. 2020-110), (RESOLUTION NO. 2020-111), and (RESOLUTION NO. 2020-112). RECOMMENDATION: Staff recommends that the City Council: 1. Approve an Improvement Agreement for public improvements related to Case No. DRC2018-00912 and authorize the Mayor and the City Clerk to sign said agreement; 2. Accept securities in the form of bonds to guarantee completion of the related public improvements; and 3. Adopt the attached resolutions ordering the annexation into Landscape Maintenance District No. 3B and Street Light Maintenance Districts No.'s 1 and 6. BACKGROUND: On January 22, 2020, the Planning Commission approved Case No. DRC2018-00912 for the development of three industrial/warehouse buildings totaling 236,534 square feet within the General Industrial (GI) District, located on the north side of 91h Street, west of Vineyard Avenue, at 8768 91h Street. Case No. DRC2018-00912 was approved subject to a condition that certain public improvements be constructed including: sidewalk, asphalt concrete pavement, curb and gutter, drive approaches, and street lights. ANALYSIS: The developer, 91h & Vineyard, LLC., has submitted an Improvement Agreement and improvement securities to guarantee the construction of the public improvements in the following amounts: Faithful Performance Bond No. PB00573800106 $136,300 Labor and Material Bond No. PB00573800106 $136,300 Approval of this item by the Council would approve the Improvement Agreement, accept the securities for the construction of certain public improvements, and order the annexation into Landscape Maintenance District 3B and Street Light Maintenance Districts 1 and 6. Copies of the agreement and the Consent and Waiver to Annexation Forms signed by the developer are available in the City Clerk's Office. Page 178 FISCAL IMPACT: The proposed annexation would satisfy the conditions of approval for the development and supply additional annual revenue into the landscape and street light maintenance districts in the following amounts: Landscape Maintenance District No. 313: $3,135.68 Street Light Maintenance District No. 1: $394.85 Street Light Maintenance District No. 6: $571.05 Furthermore, the development will install two streetlights along 91h Street that will be maintained by the City. COUNCIL MISSION /VISION / GOAL(S) ADDRESSED: This item addresses the City Council's vision for the City by ensuring the construction of high-quality improvements that promote a world class community. ATTACHMENTS: Attachment 1 - Vicinity Map Attachment 2 - Resolution LMD 3B Attachment 3 - Resolution SLD 1 Attachment 4 - Resolution SLD 6 Page 2 Page 179 ATTACHMENT 1 D RC2018-00912 Vicinity Map NOT TO SCALE .. Project Site wwwwwwwwwwww............................ XXXXX m., s,.__._...e �.�� �, �, ,,.��,oz_�....n. �........ _�..m.............��� -- _------- ....... Page 180 ATTACHMENT # RESOLUTION NO. XX -XXX A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ORDERING THE ANNEXATION OF CERTAIN TERRITORY TO LANDSCAPE MAINTENANCE DISTRICT NO. 3B (COMMERCIAL INDUSTRIAL) FOR CASE NO. DRC2018-00912 WHEREAS, the City Council of the City of Rancho Cucamonga, California, has previously formed a special maintenance district pursuant to the terms of the "Landscape and Lighting Act of 1972", being Division 15, Part 2 of the Streets and Highways Code of the State of California (the "Act", said special maintenance district known and designated as Landscape Maintenance District No. 3B (Commercial Industrial) (the "District"); and WHEREAS, the provisions of Article 2 of Chapter 2 of the Act authorize the annexation of additional territory to the District; and WHEREAS, such provisions also provide that the requirement for the preparation of resolutions, and assessment engineer's report, notices of public hearing and the right of majority protest may be waived in writing with the written consent of all of the owners of property within the territory to be annexed; and WHEREAS, notwithstanding that such provisions of the Act related to the annexation of territory to the District, Article XIII D of the Constitution of the State of California ("Article XIII D") establishes certain procedural requirements for the authorization to levy assessments which apply to the levy of annual assessments for the District on the territory proposed to be annexed to such District; and WHEREAS, the owners of certain property described in Exhibit A attached hereto, and incorporated herein by this reference, have requested that such property (collectively, the "Territory") be annexed to the District in order to provide for the levy of annual assessments to finance the maintenance of certain improvements described in Exhibit B hereto (the "Improvements"); and WHEREAS, all of the owners of the Territory have filed with the City Clerk duly executed forms entitled "Consent And Waiver To Annexation Of Certain Real Property To A Maintenance District And Approval Of The Levy Of Assessments On Such Real Property" (the "Consent and Waiver"); and WHEREAS, by such Consent and Waiver, all of the owners of the Territory have expressly waived any and all of the procedural requirements as prescribed in the Act to the annexation of the Territory to the District and have expressly consented to the annexation of the Territory to the District; and WHEREAS, by such Consent and Waiver, all of the owners of the Territory have also expressly waived any and all of the procedural requirements as prescribed in the Act and/or Article XI I D applicable to the authorization to levy the proposed annual assessment against the Territory set forth in Exhibit B attached hereto and incorporated herein by this reference and have declared support for, consent to and approval of the authorization to levy such proposed annual assessment set forth in Exhibit C attached hereto; and Resolution No. XXX-XXX— Page 1 of 9 Page 181 WHEREAS, by such Consent and Waiver, all of the owners of the Territory have also expressly agreed for themselves, their heirs, successors and assigns that: (1) The proportionate special benefit derived by each parcel in the Territory from the District Improvements has been determined in relationship to the entirety of the maintenance and operation expenses of the Improvements; (2) The proposed annual assessment does not exceed the reasonable cost of the proportional special benefit from the Improvements conferred on each parcel in the Territory. (3) Only the special benefits derived or to be derived by each parcel in the Territory from the Improvements have been included in the proposed annual assessment. WHEREAS, at this time the City Council desires to order the annexation of the Territory to the District and to authorize the levy of annual assessments against the Territory in amounts not to exceed the amounts set forth in Exhibit C hereto. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA HEREBY RESOLVES AS FOLLOWS: SECTION 1: That the above recitals are true and correct. SECTION 2: The City Council hereby finds and determines that: a. The annual assessments proposed to be levied on each parcel in the Territory do not exceed the reasonable cost of the proportional special benefit conferred on each such parcel from the Improvements. b. The proportional special benefit derived by each parcel in the Territory from the Improvements has been determined in relationship to the entirety of the cost of the maintenance of the Improvement. c. Only special benefits will be assessed on the Territory by the levy of the proposed annual assessments. SECTION 3: This legislative body hereby orders the annexation the Territory to the District, approves the financing of the maintenance of the Improvements from the proceeds of annual assessments to be levied against the Territory and approves and orders the levy of annual assessments against the Territory in amounts not to exceed the amounts set forth in Exhibit C. SECTION 4: All future proceedings of the District, including the levy of all assessments, shall be applicable to the Territory. PASSED, APPROVED, AND ADOPTED this day of 2020. Resolution No. XXX-XXX— Page 2 of 9 Page 182 Exhibit A Identification of the Owner and Description of the Property to be Annexed The Owner of the Property is: 9TH & VINEYARD, LLC The legal description of the Property is: PARCEL 1: THAT PORTION OF THE EAST 1/2 OF LOT 24, SECTION 9, TOWNSHIP 1 SOUTH, RANGE 7 WEST, SAN BERNARDINO BASE AND MERIDIAN, ACCORDING TO THE MAP OF CUCAMONGA LANDS, IN THE CITY OF RANCHO CUCAMONGA, COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 4, PAGE 9 OF MAPS, RECORDS OF SAID COUNTY, DESCRIBED AS FOLLOWS: BEGINNING AT A POINT IN THE SOUTH LINE OF THE EAST 1/2 OF LOT 24, WHICH IS 300 FEET EAST OF THE SOUTHWEST CORNER OF THE EAST 1/2 OF SAID LOT; THENCE WEST ALONG THE SOUTH LINE OF SAID LOT 24, 237.30 FEET; THENCE NORTH PARALLEL TO THE WEST LINE OF THE EAST 1/2 OF SAID LOT, 186.4 FEET; THENCE EAST PARALLEL TO THE SOUTH LINE OF LOT 24 TO A POINT IN THE EAST LINE OF THAT PARCEL OF LAND CONVEYED TO ARNOLD R. MINIKEL, ET UX, BY DEED RECORDED FEBRUARY 23, 1943 IN BOOK 1571, PAGE 481 OF OFFICIAL RECORDS; THENCE SOUTH 160 24' EAST ALONG THE EAST LINE OF THE PROPERTY SO CONVEYED TO THE POINT OF BEGINNING. EXCEPTING THEREFROM THAT PORTION OF SAID LAND AS SET OUT IN THAT CERTAIN "FINAL ORDER IN CONDEMNATION," FILED IN SUPERIOR COURT OF CALIFORNIA, COUNTY OF SAN BERNARDINO, CASE NO. 188467 AND RECORDED JUNE 6, 1980 AS INSTRUMENT NO. 80-131073 OF OFFICIAL RECORDS. PARCEL 2: THAT PORTION OF THE EAST 1/2 OF LOT 24, SECTION 9, TOWNSHIP 1 SOUTH, RANGE 7 WEST, SAN BERNARDINO BASE AND MERIDIAN, ACCORDING TO THE MAP OF CUCAMONGA LANDS, IN THE CITY OF RANCHO CUCAMONGA, COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 4, PAGE 9 OF MAPS, RECORDS OF SAID COUNTY, DESCRIBED AS FOLLOWS: COMMENCING AT A POINT IN THE SOUTH LINE OF SAID LOT 24, 62.70 FEET EAST OF THE SOUTHWEST CORNER OF THE EAST 1/2 OF LOT 24; THENCE NORTH PARALLEL WITH THE WEST LINE OF THE EAST 1/2 OF LOT 24, 186.4 FEET TO THE TRUE POINT OF BEGINNING, SAID POINT BEING THE NORTHWEST CORNER OF PROPERTY CONVEYED TO EDWIN R. SHROSBREE AND GERALDINE SHROSBREE, HUSBAND AND WIFE, BY DEED RECORDED MAY 11, 1950 IN BOOK 2574, PAGE 483 OF OFFICIAL RECORDS; THENCE NORTH PARALLEL WITH THE WEST LINE OF THE EAST 1/2 OF LOT 24, 106 FEET MORE OR LESS TO A POINT, SAID POINT BEING 292.4 FEET NORTH OF THE SOUTH LINE OF SAID LOT 24; THENCE EAST PARALLEL WITH THE SOUTH LINE OF SAID LOT 24 TO A POINT IN THE EAST LINE OF THAT PARCEL OF LAND CONVEYED TO ARNOLD R. MINIKEL, ET UX, BY DEED RECORDED FEBRUARY 23, 1943 IN BOOK 1571, PAGE 481 OF OFFICIAL RECORDS; THENCE SOUTH 16° 24' EAST TO THE NORTHEAST CORNER OF SAID PROPERTY CONVEYED TO EDWIN R. SHROSBREE AND WIFE; THENCE WEST ALONG THE NORTH LINE OF SAID SHROSBREE PROPERTY TO THE POINT OF BEGINNING. EXCEPTING THEREFROM THAT PORTION CONVEYED TO Resolution No. XXX-XXX— Page 3 of 9 Page 183 FRANK COCO AND ANNA COCO, HUSBAND AND WIFE, AS JOINT TENANTS, IN A DEED RECORDED JUNE 28, 1957 IN BOOK 4266, PAGE 472 OF OFFICIAL RECORDS. ALSO EXCEPTING THEREFROM THAT PORTION OF SAID LAND AS SET OUT IN THAT CERTAIN "FINAL ORDER IN CONDEMNATION," FILED IN SUPERIOR COURT OF CALIFORNIA, COUNTY OF SAN BERNARDINO, CASE NO. 188467 AND RECORDED JUNE 6, 1980 AS INSTRUMENT NO. 80-131073 OF OFFICIAL RECORDS. PARCEL 2A: A RIGHT OF WAY AND EASEMENT FOR ROAD PURPOSES OVER AND ACROSS THAT PORTION OF THE EAST '/2 OF LOT 24, SECTION 9, TOWNSHIP 1 SOUTH, RANGE 7 WEST, SAN BERNARDINO BASE AND MERIDIAN, ACCORDING TO MAP OF CUCAMONGA LANDS, AS PER MAP RECORDED IN BOOK 4, PAGE 9 OF MAPS, RECORDS OF SAID COUNTY, DESCRIBED AS FOLLOWS: BEGINNING AT A POINT IN THE SOUTH LINE OF THE EAST 1/2 OF SAID LOT 24, WHICH IS EAST 62.70 FEET FROM THE SOUTHWEST CORNER OF THE EAST 1/2 OF SAID LOT; THENCE NORTH PARALLEL WITH THE WEST LINE OF THE EAST 1/2 OF SAID LOT, 186.4 FEET; THENCE EAST PARALLEL WITH THE SOUTH LINE OF SAID LOT, 10 FEET; THENCE SOUTH PARALLEL WITH THE WEST LINE OF THE EAST 1/2 OF SAID LOT, 186.4 FEET TO A POINT IN THE SOUTH LINE OF SAID LOT; THENCE WEST 10 FEET TO THE POINT OF BEGINNING. PARCEL 3: THE EAST 1/2 OF THE SOUTH 1/2 OF THE WEST 330 FEET OF LOTS 17 AND 24, SECTION 9, TOWNSHIP 1 SOUTH, RANGE 7 WEST, SAN BERNARDINO BASE AND MERIDIAN, ACCORDING TO MAP OF CUCAMONGA LANDS, IN THE CITY OF RANCHO CUCAMONGA, COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, AS PER PLAT THEREOF RECORDED IN BOOK 4 OF MAPS, PAGE 9, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. THE PROPERTY HEREIN DESCRIBED IS ALSO SHOWN ON LICENSED SURVEYOR'S MAP RECORDED IN BOOK 10, PAGE 90, RECORDS OF SURVEY. PARCEL 4: THAT PORTION OF LOT 24, SECTION 9, TOWNSHIP 1 SOUTH, RANGE 7 WEST, SAN BERNARDINO BASE AND MERIDIAN, ACCORDING TO MAP OF CUCAMONGA LANDS, AS PER PLAT RECORDED IN BOOK 4 OF MAPS, PAGE 9, RECORDS OF SAID COUNTY, DESCRIBED AS FOLLOWS: BEGINNING AT A POINT IN THE SOUTH LINE OF SAID 24, 552 FEET AND 2 INCHES EAST OF THE SOUTHWEST CORNER THEREOF, SAID POINT BEING IN THE CENTER LINE OF NINTH STREET AND ALSO BEING THE SOUTHEAST CORNER OF THE PROPERTY CONVEYED TO ROLAND C. MARTINES, ET UX, BY DEED RECORDED NOVEMBER 14, 1958, AS INSTRUMENT NO. 131, IN BOOK 4654, PAGE 67, OFFICIAL RECORDS; THENCE NORTH, ALONG THE EAST LINE OF SAID MARTINES PROPERTY, 280 FEET MORE OR LESS TO THE SOUTHWEST CORNER OF THE PROPERTY CONVEYED TO BERT MAIN, ET UX, BY DEED RECORDED JUNE 28, 1957, AS INSTRUMENT NO. 117, IN BOOK 4266, PAGE 473, OFFICIAL RECORDS; THENCE EAST, ALONG THE SOUTH LINE OF THE MAIN PROPERTY TO A POINT 62.70 FEET EAST OF THE EAST LINE OF THE WEST HALF OF SAID LOT, SAID POINT BEING IN THE WEST LINE OF THE LAND CONVEYED TO RALPH KIMBLE, ET UX, BY DEED RECORDED FEBRUARY 28, 1951, AS INSTRUMENT NO. 137, IN BOOK 2725, PAGE 265, OFFICIAL RECORDS; THENCE SOUTH, ALONG SAID WEST LINE OF THE KIMBLE PROPERTY AND THE WEST LINE OF THE PROPERTY CONVEYED TO EDWIN R. SCHROSBREE, ET UX, BY DEED RECORDED MAY 11, 1950, AS INSTRUMENT NO. 319, IN Resolution No. XXX-XXX- Page 4 of 9 Page 184 BOOK 2574, PAGE 483, OFFICIAL RECORDS, TO THE SOUTH LINE OF SAID LOT 24; THENCE WEST, ALONG THE SOUTH LINE OF SAID LOT 24 TO THE POINT OF BEGINNING. NOTE: AREAS AND DISTANCES OF THE ABOVE DESCRIBED PROPERTY ARE COMPUTED TO THE CENTERS OF THE ADJOINING STREETS SHOWN ON SAID MAP. PARCEL 5: THAT PORTION OF LOT 24, SECTION 9, TOWNSHIP 1 SOUTH, RANGE 7 WEST, SAN BERNARDINO BASE AND MERIDIAN, ACCORDING TO MAP OF CUCAMONGA LANDS, AS PER PLAT RECORDED IN BOOK 4 OF MAPS, PAGE 9, RECORDS OF SAID COUNTY, DESCRIBED AS FOLLOWS: BEGINNING AT A POINT IN THE SOUTH LINE OF SAID LOT, 330 FEET EAST OF THE SOUTHWEST CORNER THEREOF, SAID POINT BEING IN THE CENTER LINE OF NINTH STREET; THENCE NORTH, PARALLEL WITH THE WEST LINE OF SAID LOT, 444 FEET; THENCE EAST, PARALLEL WITH THE SOUTH LINE OF SAID LOT, 222 FEET, 2 INCHES TO THE NORTHWEST CORNER OF THE LAND CONVEYED TO BERT MAIN, ET UX, BY DEED RECORDED JUNE 28, 1957, AS INSTRUMENT NO. 117, IN BOOK 4266, PAGE 473, OFFICIAL RECORDS; THENCE SOUTH, PARALLEL WITH THE WEST LINE OF SAID LOT, AND ALONG THE WEST LINE AND ITS SOUTHERLY EXTENSION THEREOF OF SAID MAIN PROPERTY, 444 FEET TO THE SOUTH LINE OF SAID LOT 24; THENCE WEST, ALONG THE SOUTH LINE OF SAID LOT TO THE POINT OF BEGINNING. NOTE: AREAS AND DISTANCES OF THE ABOVE DESCRIBED PROPERTY ARE COMPUTED TO THE CENTERS OF THE ADJOINING STREETS SHOWN ON SAID MAP. PARCEL 6: THAT PORTION OF LOT 24, SECTION 9, TOWNSHIP 1 SOUTH, RANGE 7 WEST, SAN BERNARDINO BASE AND MERIDIAN, ACCORDING TO MAP OF CUCAMONGA LANDS, IN THE COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, AS PER PLAT RECORDED IN BOOK 4 OF MAPS, PAGE 9, DESCRIBED AS FOLLOWS: COMMENCING AT A POINT IN THE SOUTH LINE OF SAID LOT, 330 FEET EAST OF THE SOUTHWEST CORNER THEREOF, SAID POINT BEING IN THE CENTER LINE OF NINTH STREET; THENCE NORTH, PARALLEL WITH THE WEST LINE OF SAID LOT, 444 FEET; THENCE EAST, PARALLEL WITH THE SOUTH LINE OF SAID LOT, 222 FEET 2 INCHES TO THE TRUE POINT OF BEGINNING; THENCE SOUTH, PARALLEL WITH THE WEST LINE OF SAID LOT, 164 FEET TO A POINT 280 FEET NORTH OF THE SOUTH LINE OF SAID LOT; THENCE EAST, PARALLEL WITH THE SOUTH LINE OF SAID LOT TO A POINT 62.70 FEET EAST OF THE EAST LINE OF THE WEST HALF OF SAID LOT, SAID POINT BEING IN THE WEST LINE OF THE LAND CONVEYED TO RALPH KIMBLE, ET UX, BY DEED RECORDED FEBRUARY 28, 1951, AS INSTRUMENT NO. 137, IN BOOK 2725, PAGE 265, OFFICIAL RECORDS; THENCE SOUTH, ALONG THE SAID WEST LINE OF THE SAID LAND CONVEYED TO KIMBLE, 20.25 FEET; THENCE EAST, PARALLEL WITH THE SOUTH LINE OF SAID LOT, TO A POINT IN THE EAST LINE OF PARCEL NO. 2 OF THE LAND CONVEYED TO ARNOLD R. MINIKEL, ET US, BY DEED RECORDED FEBRUARY 23, 1943, IN BOOK 1571, PAGE 481, OFFICIAL RECORDS; THENCE NORTH 160 24' WEST, ALONG SAID EAST LINE OF SAID LAND TO MINIKEL, TO A POINT 444 FEET NORTH OF THE SOUTH LINE OF SAID LOT, SAID POINT BEING MEASURED AT RIGHT ANGLES TO SAID SOUTH LINE; THENCE WEST TO THE TRUE POINT OF BEGINNING. EXCEPTING THEREFROM THAT PORTION DESCRIBED IN THE GRANT DEED TO THE SAN BERNARDINO COUNTY FLOOD CONTROL DISTRICT, RECORDED MARCH 9, 1979, AS INSTRUMENT NO. 285, IN BOOK 9639, PAGE 472, SAN BERNARDINO COUNTY OFFICIAL RECORDS. Resolution No. XXX-XXX— Page 5 of 9 Page 185 THAT PORTION OF LOT 17, IN SECTION 9, TOWNSHIP 1 SOUTH, RANGE 7 WEST SAN BERNARDINO BASE AND MERIDIAN, ACCORDING TO MAP OF CUCAMONGA LANDS, IN THE COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, AS PER PLAT RECORDED IN BOOK 4 OF MAPS, PG 9, RECORDS OF SAID COUNTY, DESCRIBED AS FOLLOWS: COMMENCING AT THE INTERSECTION OF THE CENTER LINE OF ARROW ROUTE AND VINEYARD AVE; THENCE NORTH 89' 43' 15" WEST 992.56'; THENCE SOUTH 00' 13' 15" WEST 30' TO A POINT ON THE SOUTH LINE OF ARROW ROUTE, SAID POINT BEGINS 330' EAST OF THE WEST LINE OF SAID LOT 17; THENCE SOUTH 89' 13' 15" EAST 107.64' ALONG THE MOST NORTHERLY LINE OF THE LAND CONVEYED TO ARTHUR W. CAIN, ET UX, BY DEED RECORDED MAY 3, 1949, IN BOOK 2396, PAGE 431, OFFICIAL RECORDS, TO THE MOST NORTH-EAST CORNER OF SAID LAND; THENCE SOUTH 00' 14' 45" WEST 366' ALONG THE EAST LINE OF SAID LAND; THENCE SOUTH 89° 43' 15" EAST 180' TO THE TRUE POINT OF BEGINNING; THENCE FROM SAID TRUE POINT OF BEGINNINGS SOUTH 000 14' 15" WEST 165; THENCE SOUTH 890 43' 15" EAST 118.55' ALONG A LINE TO THE INTERSECTION WITH A LINE THAT BEARS NORTH 160 24, WEST FROM THE SOUTHEAST CORNER OF THE LAND CONVEYED TO EUGENE ARNOLD MINIKEL ET UX BY DEED RECORDED FEB. 6, 1948, IN BOOK 2089, PAGE 347, OFFICIAL RECORDS, (SAID CORNER BEING 300' EAST OF THE SOUTHWEST CORNER OF THE EAST 1/2 OF SAID LOT 24); THENCE NORTH 160 24' WEST ALONG SAID LINE TO A POINT DUE WEST OF THE TRUE POINT OF BEGINNING; THENCE WEST ON A STRAIGHT LINE TO THE TRUE POINT OF BEGINNING. EXCEPTING THEREFROM THAT PORTION DESCRIBED IN THE GRANT DEED TO THE SAN BERNARDINO COUNTY FLOOD CONTROL DISTRICT, RECORDED MARCH 9, 1979, AS INSTRUMENT NO. 285, IN BOOK 9639, PAGE 472, SAN BERNARDINO COUNTY OFFICIAL RECORDS PARCEL 7B: THAT PORTION OF LOTS 17 AND 24, SECTION 9, TOWNSHIP 1 SOUTH, RANGE 7 WEST, SAN BERNARDINO BASE AND MERIDIAN ACCORDING TO MAP OF CUCAMONGA LANDS, IN THE COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, ACCORDING TO PLAT THEREOF, RECORDED IN BOOK 4 OF MAPS, PAGE 9, RECORDS OF SAID COUNTY DESCRIBED AS FOLLOWS; COMMENCING AT THE INTERSECTION OF THE CENTER LINE OF ARROW ROUTE AND VINEYARD AVENUE; THENCE NORTH 890 43' 15" WEST, 992.56 FEET; THENCE SOUTH 000 13' 15" WEST 396 FEET TO THE TRUE POINT OF BEGINNING; SAID POINT BEING 330 FEET EAST OF THE WEST LINE OF SAID LOT 17; THENCE SOUTH 890 43' 15" EAST, 287.64 FEET; THENCE SOUTH 000 14' 45" WEST 165 FEET; THENCE SOUTH 890 43' 15" EAST 118.55 FEET; THENCE SOUTH 160 13' 45" EAST, 333.96 FEET; THENCE NORTH 890 49' 15" WEST, 501.18 FEET; THENCE NORTH 000 13' 15" EAST 456 FEET TO THE POINT OF BEGINNING. EXCEPTING THEREFROM THAT PORTION DESCRIBED IN THE GRANT DEED TO THE SAN BERNARDINO COUNTY FLOOD CONTROL DISTRICT, RECORDED MARCH 9, 1979, AS INSTRUMENT NO. 285, IN BOOK 9639, PAGE 472, SAN BERNARDINO COUNTY OFFICIAL RECORDS. ALSO EXCEPTING THEREFROM THAT PORTION OF SAID LAND AS SET OUT IN THAT CERTAIN "FINAL ORDER IN CONDEMNATION," FILED IN SUPERIOR COURT OF CALIFORNIA, COUNTY OF SAN BERNARDINO, CASE NO. 188467 AND RECORDED JUNE 6, 1980 AS INSTRUMENT NO. 80-131073 OF OFFICIAL RECORDS. Resolution No. XXX-XXX— Page 6 of 9 Page 186 Assessor's Parcels Numbers of the Property: 0207-262-28, 0207-262-42, 0207-262-36, 0207-262-41, 0207-262-35, 0207-262-46, 0207-262- 45 Resolution No. XXX-XXX— Page 7 of 9 Page 187 Exhibit B Description of the District Improvements Fiscal Year 2020/21 Landscape Maintenance District No. 3B (Commercial Industrial): Landscape Maintenance District No. 3B (Commercial Industrial) (the "Maintenance District") represents landscape sites throughout the Commercial/Industrial Maintenance District. The various landscape sites that are maintained by this district consist of median islands, parkways, street trees and entry monuments. Proposed additions to the Improvements for Project Case No. DRC2018-00912: N/A Resolution No. XXX-XXX— Page 8 of 9 Page 188 Exhibit C Proposed Annual Assessment Fiscal Year 2020/21 Landscape Maintenance District No. 3B (Commercial Industrial): The rate per Equivalent Benefit Unit (EBU) is $282.24 for the fiscal year 2020/21. The following table summarizes the assessment rate for Landscape Maintenance District No. 3B (Commercial Industrial) for Case No. DRC2018-00912 EBU Rate per Land Use Basis Factor* EBU* Non-Residential Acre 1.00 $282.24 The proposed annual assessment for the property described in Exhibit A is as follows: 11.11 Acres x 1 EBU Factor x $282.24 Rate per EBU = $3,135.68 Annual Assessment Resolution No. XXX-XXX— Page 9 of 9 Page 189 ATTACHMENT # RESOLUTION NO. XX -XXX A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ORDERING THE ANNEXATION OF CERTAIN TERRITORY TO STREET LIGHT MAINTENANCE DISTRICT NO. 1 (ARTERIAL STREETS) FOR CASE NO. DRC2018-00912 WHEREAS, the City Council of the City of Rancho Cucamonga, California, has previously formed a special maintenance district pursuant to the terms of the "Landscape and Lighting Act of 1972", being Division 15, Part 2 of the Streets and Highways Code of the State of California (the "Act", said special maintenance district known and designated as Street Light Maintenance District No. 1 (Arterial Streets) (the "District"); and WHEREAS, the provisions of Article 2 of Chapter 2 of the Act authorize the annexation of additional territory to the District; and WHEREAS, such provisions also provide that the requirement for the preparation of resolutions, and assessment engineer's report, notices of public hearing and the right of majority protest may be waived in writing with the written consent of all of the owners of property within the territory to be annexed; and WHEREAS, notwithstanding that such provisions of the Act related to the annexation of territory to the District, Article XIII D of the Constitution of the State of California ("Article XIII D") establishes certain procedural requirements for the authorization to levy assessments which apply to the levy of annual assessments for the District on the territory proposed to be annexed to such District; and WHEREAS, the owners of certain property described in Exhibit A attached hereto, and incorporated herein by this reference, have requested that such property (collectively, the "Territory") be annexed to the District in order to provide for the levy of annual assessments to finance the maintenance of certain improvements described in Exhibit B hereto (the "Improvements"); and WHEREAS, all of the owners of the Territory have filed with the City Clerk duly executed forms entitled "Consent And Waiver To Annexation Of Certain Real Property To A Maintenance District And Approval Of The Levy Of Assessments On Such Real Property" (the "Consent and Waiver"); and WHEREAS, by such Consent and Waiver, all of the owners of the Territory have expressly waived any and all of the procedural requirements as prescribed in the Act to the annexation of the Territory to the District and have expressly consented to the annexation of the Territory to the District; and WHEREAS, by such Consent and Waiver, all of the owners of the Territory have also expressly waived any and all of the procedural requirements as prescribed in the Act and/or Article XI I D applicable to the authorization to levy the proposed annual assessment against the Territory set forth in Exhibit B attached hereto and incorporated herein by this reference and have declared support for, consent to and approval of the authorization to levy such proposed annual assessment set forth in Exhibit C attached hereto; and Resolution No. XX-XXX— Page 1 of 9 Page 190 WHEREAS, by such Consent and Waiver, all of the owners of the Territory have also expressly agreed for themselves, their heirs, successors and assigns that: (1) The proportionate special benefit derived by each parcel in the Territory from the District Improvements has been determined in relationship to the entirety of the maintenance and operation expenses of the Improvements; (2) The proposed annual assessment does not exceed the reasonable cost of the proportional special benefit from the Improvements conferred on each parcel in the Territory. (3) Only the special benefits derived or to be derived by each parcel in the Territory from the Improvements have been included in the proposed annual assessment. WHEREAS, at this time the City Council desires to order the annexation of the Territory to the District and to authorize the levy of annual assessments against the Territory in amounts not to exceed the amounts set forth in Exhibit C hereto. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA HEREBY RESOLVES AS FOLLOWS: SECTION 1: That the above recitals are true and correct. SECTION 2: The City Council hereby finds and determines that: a. The annual assessments proposed to be levied on each parcel in the Territory do not exceed the reasonable cost of the proportional special benefit conferred on each such parcel from the Improvements. b. The proportional special benefit derived by each parcel in the Territory from the Improvements has been determined in relationship to the entirety of the cost of the maintenance of the Improvement. C. Only special benefits will be assessed on the Territory by the levy of the proposed annual assessments. SECTION 3: This legislative body hereby orders the annexation the Territory to the District, approves the financing of the maintenance of the Improvements from the proceeds of annual assessments to be levied against the Territory and approves and orders the levy of annual assessments against the Territory in amounts not to exceed the amounts set forth in Exhibit C. SECTION 4: All future proceedings of the District, including the levy of all assessments, shall be applicable to the Territory. PASSED, APPROVED, AND ADOPTED this day of 2020. Resolution No. XX-XXX— Page 2 of 9 Page 191 Exhibit A Identification of the Owner and Description of the Property to be Annexed The Owner of the Property is: 9TH & VINEYARD, LLC The legal description of the Property is: PARCEL 1: THAT PORTION OF THE EAST 1/2 OF LOT 24, SECTION 9, TOWNSHIP 1 SOUTH, RANGE 7 WEST, SAN BERNARDINO BASE AND MERIDIAN, ACCORDING TO THE MAP OF CUCAMONGA LANDS, IN THE CITY OF RANCHO CUCAMONGA, COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 4, PAGE 9 OF MAPS, RECORDS OF SAID COUNTY, DESCRIBED AS FOLLOWS: BEGINNING AT A POINT IN THE SOUTH LINE OF THE EAST 1/2 OF LOT 24, WHICH IS 300 FEET EAST OF THE SOUTHWEST CORNER OF THE EAST 1/2 OF SAID LOT; THENCE WEST ALONG THE SOUTH LINE OF SAID LOT 24, 237.30 FEET; THENCE NORTH PARALLEL TO THE WEST LINE OF THE EAST 1/2 OF SAID LOT, 186.4 FEET; THENCE EAST PARALLEL TO THE SOUTH LINE OF LOT 24 TO A POINT IN THE EAST LINE OF THAT PARCEL OF LAND CONVEYED TO ARNOLD R. MINIKEL, ET UX, BY DEED RECORDED FEBRUARY 23, 1943 IN BOOK 1571, PAGE 481 OF OFFICIAL RECORDS; THENCE SOUTH 160 24' EAST ALONG THE EAST LINE OF THE PROPERTY SO CONVEYED TO THE POINT OF BEGINNING. EXCEPTING THEREFROM THAT PORTION OF SAID LAND AS SET OUT IN THAT CERTAIN "FINAL ORDER IN CONDEMNATION," FILED IN SUPERIOR COURT OF CALIFORNIA, COUNTY OF SAN BERNARDINO, CASE NO. 188467 AND RECORDED JUNE 6, 1980 AS INSTRUMENT NO. 80-131073 OF OFFICIAL RECORDS. PARCEL 2: THAT PORTION OF THE EAST 1/2 OF LOT 24, SECTION 9, TOWNSHIP 1 SOUTH, RANGE 7 WEST, SAN BERNARDINO BASE AND MERIDIAN, ACCORDING TO THE MAP OF CUCAMONGA LANDS, IN THE CITY OF RANCHO CUCAMONGA, COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 4, PAGE 9 OF MAPS, RECORDS OF SAID COUNTY, DESCRIBED AS FOLLOWS: COMMENCING AT A POINT IN THE SOUTH LINE OF SAID LOT 24, 62.70 FEET EAST OF THE SOUTHWEST CORNER OF THE EAST 1/2 OF LOT 24; THENCE NORTH PARALLEL WITH THE WEST LINE OF THE EAST 1/2 OF LOT 24, 186.4 FEET TO THE TRUE POINT OF BEGINNING, SAID POINT BEING THE NORTHWEST CORNER OF PROPERTY CONVEYED TO EDWIN R. SHROSBREE AND GERALDINE SHROSBREE, HUSBAND AND WIFE, BY DEED RECORDED MAY 11, 1950 IN BOOK 2574, PAGE 483 OF OFFICIAL RECORDS; THENCE NORTH PARALLEL WITH THE WEST LINE OF THE EAST 1/2 OF LOT 24, 106 FEET MORE OR LESS TO A POINT, SAID POINT BEING 292.4 FEET NORTH OF THE SOUTH LINE OF SAID LOT 24; THENCE EAST PARALLEL WITH THE SOUTH LINE OF SAID LOT 24 TO A POINT IN THE EAST LINE OF THAT PARCEL OF LAND CONVEYED TO ARNOLD R. MINIKEL, ET UX, BY DEED RECORDED FEBRUARY 23, 1943 IN BOOK 1571, PAGE 481 OF OFFICIAL RECORDS; THENCE SOUTH 16° 24' EAST TO THE NORTHEAST CORNER OF SAID PROPERTY CONVEYED TO EDWIN R. SHROSBREE AND WIFE; THENCE WEST ALONG THE NORTH LINE OF SAID SHROSBREE PROPERTY TO THE POINT OF BEGINNING. EXCEPTING THEREFROM THAT PORTION CONVEYED TO Resolution No. XX-XXX— Page 3 of 9 Page 192 FRANK COCO AND ANNA COCO, HUSBAND AND WIFE, AS JOINT TENANTS, IN A DEED RECORDED JUNE 28, 1957 IN BOOK 4266, PAGE 472 OF OFFICIAL RECORDS. ALSO EXCEPTING THEREFROM THAT PORTION OF SAID LAND AS SET OUT IN THAT CERTAIN "FINAL ORDER IN CONDEMNATION," FILED IN SUPERIOR COURT OF CALIFORNIA, COUNTY OF SAN BERNARDINO, CASE NO. 188467 AND RECORDED JUNE 6, 1980 AS INSTRUMENT NO. 80-131073 OF OFFICIAL RECORDS. PARCEL 2A: A RIGHT OF WAY AND EASEMENT FOR ROAD PURPOSES OVER AND ACROSS THAT PORTION OF THE EAST '/2 OF LOT 24, SECTION 9, TOWNSHIP 1 SOUTH, RANGE 7 WEST, SAN BERNARDINO BASE AND MERIDIAN, ACCORDING TO MAP OF CUCAMONGA LANDS, AS PER MAP RECORDED IN BOOK 4, PAGE 9 OF MAPS, RECORDS OF SAID COUNTY, DESCRIBED AS FOLLOWS: BEGINNING AT A POINT IN THE SOUTH LINE OF THE EAST 1/2 OF SAID LOT 24, WHICH IS EAST 62.70 FEET FROM THE SOUTHWEST CORNER OF THE EAST 1/2 OF SAID LOT; THENCE NORTH PARALLEL WITH THE WEST LINE OF THE EAST 1/2 OF SAID LOT, 186.4 FEET; THENCE EAST PARALLEL WITH THE SOUTH LINE OF SAID LOT, 10 FEET; THENCE SOUTH PARALLEL WITH THE WEST LINE OF THE EAST 1/2 OF SAID LOT, 186.4 FEET TO A POINT IN THE SOUTH LINE OF SAID LOT; THENCE WEST 10 FEET TO THE POINT OF BEGINNING. PARCEL 3: THE EAST 1/2 OF THE SOUTH 1/2 OF THE WEST 330 FEET OF LOTS 17 AND 24, SECTION 9, TOWNSHIP 1 SOUTH, RANGE 7 WEST, SAN BERNARDINO BASE AND MERIDIAN, ACCORDING TO MAP OF CUCAMONGA LANDS, IN THE CITY OF RANCHO CUCAMONGA, COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, AS PER PLAT THEREOF RECORDED IN BOOK 4 OF MAPS, PAGE 9, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. THE PROPERTY HEREIN DESCRIBED IS ALSO SHOWN ON LICENSED SURVEYOR'S MAP RECORDED IN BOOK 10, PAGE 90, RECORDS OF SURVEY. PARCEL 4: THAT PORTION OF LOT 24, SECTION 9, TOWNSHIP 1 SOUTH, RANGE 7 WEST, SAN BERNARDINO BASE AND MERIDIAN, ACCORDING TO MAP OF CUCAMONGA LANDS, AS PER PLAT RECORDED IN BOOK 4 OF MAPS, PAGE 9, RECORDS OF SAID COUNTY, DESCRIBED AS FOLLOWS: BEGINNING AT A POINT IN THE SOUTH LINE OF SAID 24, 552 FEET AND 2 INCHES EAST OF THE SOUTHWEST CORNER THEREOF, SAID POINT BEING IN THE CENTER LINE OF NINTH STREET AND ALSO BEING THE SOUTHEAST CORNER OF THE PROPERTY CONVEYED TO ROLAND C. MARTINES, ET UX, BY DEED RECORDED NOVEMBER 14, 1958, AS INSTRUMENT NO. 131, IN BOOK 4654, PAGE 67, OFFICIAL RECORDS; THENCE NORTH, ALONG THE EAST LINE OF SAID MARTINES PROPERTY, 280 FEET MORE OR LESS TO THE SOUTHWEST CORNER OF THE PROPERTY CONVEYED TO BERT MAIN, ET UX, BY DEED RECORDED JUNE 28, 1957, AS INSTRUMENT NO. 117, IN BOOK 4266, PAGE 473, OFFICIAL RECORDS; THENCE EAST, ALONG THE SOUTH LINE OF THE MAIN PROPERTY TO A POINT 62.70 FEET EAST OF THE EAST LINE OF THE WEST HALF OF SAID LOT, SAID POINT BEING IN THE WEST LINE OF THE LAND CONVEYED TO RALPH KIMBLE, ET UX, BY DEED RECORDED FEBRUARY 28, 1951, AS INSTRUMENT NO. 137, IN BOOK 2725, PAGE 265, OFFICIAL RECORDS; THENCE SOUTH, ALONG SAID WEST LINE OF THE KIMBLE PROPERTY AND THE WEST LINE OF THE PROPERTY CONVEYED TO EDWIN R. SCHROSBREE, ET UX, BY DEED RECORDED MAY 11, 1950, AS INSTRUMENT NO. 319, IN Resolution No. XX-XXX- Page 4 of 9 Page 193 BOOK 2574, PAGE 483, OFFICIAL RECORDS, TO THE SOUTH LINE OF SAID LOT 24; THENCE WEST, ALONG THE SOUTH LINE OF SAID LOT 24 TO THE POINT OF BEGINNING. NOTE: AREAS AND DISTANCES OF THE ABOVE DESCRIBED PROPERTY ARE COMPUTED TO THE CENTERS OF THE ADJOINING STREETS SHOWN ON SAID MAP. PARCEL 5: THAT PORTION OF LOT 24, SECTION 9, TOWNSHIP 1 SOUTH, RANGE 7 WEST, SAN BERNARDINO BASE AND MERIDIAN, ACCORDING TO MAP OF CUCAMONGA LANDS, AS PER PLAT RECORDED IN BOOK 4 OF MAPS, PAGE 9, RECORDS OF SAID COUNTY, DESCRIBED AS FOLLOWS: BEGINNING AT A POINT IN THE SOUTH LINE OF SAID LOT, 330 FEET EAST OF THE SOUTHWEST CORNER THEREOF, SAID POINT BEING IN THE CENTER LINE OF NINTH STREET; THENCE NORTH, PARALLEL WITH THE WEST LINE OF SAID LOT, 444 FEET; THENCE EAST, PARALLEL WITH THE SOUTH LINE OF SAID LOT, 222 FEET, 2 INCHES TO THE NORTHWEST CORNER OF THE LAND CONVEYED TO BERT MAIN, ET UX, BY DEED RECORDED JUNE 28, 1957, AS INSTRUMENT NO. 117, IN BOOK 4266, PAGE 473, OFFICIAL RECORDS; THENCE SOUTH, PARALLEL WITH THE WEST LINE OF SAID LOT, AND ALONG THE WEST LINE AND ITS SOUTHERLY EXTENSION THEREOF OF SAID MAIN PROPERTY, 444 FEET TO THE SOUTH LINE OF SAID LOT 24; THENCE WEST, ALONG THE SOUTH LINE OF SAID LOT TO THE POINT OF BEGINNING. NOTE: AREAS AND DISTANCES OF THE ABOVE DESCRIBED PROPERTY ARE COMPUTED TO THE CENTERS OF THE ADJOINING STREETS SHOWN ON SAID MAP. PARCEL 6: THAT PORTION OF LOT 24, SECTION 9, TOWNSHIP 1 SOUTH, RANGE 7 WEST, SAN BERNARDINO BASE AND MERIDIAN, ACCORDING TO MAP OF CUCAMONGA LANDS, IN THE COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, AS PER PLAT RECORDED IN BOOK 4 OF MAPS, PAGE 9, DESCRIBED AS FOLLOWS: COMMENCING AT A POINT IN THE SOUTH LINE OF SAID LOT, 330 FEET EAST OF THE SOUTHWEST CORNER THEREOF, SAID POINT BEING IN THE CENTER LINE OF NINTH STREET; THENCE NORTH, PARALLEL WITH THE WEST LINE OF SAID LOT, 444 FEET; THENCE EAST, PARALLEL WITH THE SOUTH LINE OF SAID LOT, 222 FEET 2 INCHES TO THE TRUE POINT OF BEGINNING; THENCE SOUTH, PARALLEL WITH THE WEST LINE OF SAID LOT, 164 FEET TO A POINT 280 FEET NORTH OF THE SOUTH LINE OF SAID LOT; THENCE EAST, PARALLEL WITH THE SOUTH LINE OF SAID LOT TO A POINT 62.70 FEET EAST OF THE EAST LINE OF THE WEST HALF OF SAID LOT, SAID POINT BEING IN THE WEST LINE OF THE LAND CONVEYED TO RALPH KIMBLE, ET UX, BY DEED RECORDED FEBRUARY 28, 1951, AS INSTRUMENT NO. 137, IN BOOK 2725, PAGE 265, OFFICIAL RECORDS; THENCE SOUTH, ALONG THE SAID WEST LINE OF THE SAID LAND CONVEYED TO KIMBLE, 20.25 FEET; THENCE EAST, PARALLEL WITH THE SOUTH LINE OF SAID LOT, TO A POINT IN THE EAST LINE OF PARCEL NO. 2 OF THE LAND CONVEYED TO ARNOLD R. MINIKEL, ET US, BY DEED RECORDED FEBRUARY 23, 1943, IN BOOK 1571, PAGE 481, OFFICIAL RECORDS; THENCE NORTH 160 24' WEST, ALONG SAID EAST LINE OF SAID LAND TO MINIKEL, TO A POINT 444 FEET NORTH OF THE SOUTH LINE OF SAID LOT, SAID POINT BEING MEASURED AT RIGHT ANGLES TO SAID SOUTH LINE; THENCE WEST TO THE TRUE POINT OF BEGINNING. EXCEPTING THEREFROM THAT PORTION DESCRIBED IN THE GRANT DEED TO THE SAN BERNARDINO COUNTY FLOOD CONTROL DISTRICT, RECORDED MARCH 9, 1979, AS INSTRUMENT NO. 285, IN BOOK 9639, PAGE 472, SAN BERNARDINO COUNTY OFFICIAL RECORDS. Resolution No. XX-XXX— Page 5 of 9 Page 194 THAT PORTION OF LOT 17, IN SECTION 9, TOWNSHIP 1 SOUTH, RANGE 7 WEST SAN BERNARDINO BASE AND MERIDIAN, ACCORDING TO MAP OF CUCAMONGA LANDS, IN THE COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, AS PER PLAT RECORDED IN BOOK 4 OF MAPS, PG 9, RECORDS OF SAID COUNTY, DESCRIBED AS FOLLOWS: COMMENCING AT THE INTERSECTION OF THE CENTER LINE OF ARROW ROUTE AND VINEYARD AVE; THENCE NORTH 89' 43' 15" WEST 992.56'; THENCE SOUTH 00' 13' 15" WEST 30' TO A POINT ON THE SOUTH LINE OF ARROW ROUTE, SAID POINT BEGINS 330' EAST OF THE WEST LINE OF SAID LOT 17; THENCE SOUTH 89' 13' 15" EAST 107.64' ALONG THE MOST NORTHERLY LINE OF THE LAND CONVEYED TO ARTHUR W. CAIN, ET UX, BY DEED RECORDED MAY 3, 1949, IN BOOK 2396, PAGE 431, OFFICIAL RECORDS, TO THE MOST NORTH-EAST CORNER OF SAID LAND; THENCE SOUTH 00' 14' 45" WEST 366' ALONG THE EAST LINE OF SAID LAND; THENCE SOUTH 89° 43' 15" EAST 180' TO THE TRUE POINT OF BEGINNING; THENCE FROM SAID TRUE POINT OF BEGINNINGS SOUTH 000 14' 15" WEST 165; THENCE SOUTH 890 43' 15" EAST 118.55' ALONG A LINE TO THE INTERSECTION WITH A LINE THAT BEARS NORTH 160 24, WEST FROM THE SOUTHEAST CORNER OF THE LAND CONVEYED TO EUGENE ARNOLD MINIKEL ET UX BY DEED RECORDED FEB. 6, 1948, IN BOOK 2089, PAGE 347, OFFICIAL RECORDS, (SAID CORNER BEING 300' EAST OF THE SOUTHWEST CORNER OF THE EAST 1/2 OF SAID LOT 24); THENCE NORTH 160 24' WEST ALONG SAID LINE TO A POINT DUE WEST OF THE TRUE POINT OF BEGINNING; THENCE WEST ON A STRAIGHT LINE TO THE TRUE POINT OF BEGINNING. EXCEPTING THEREFROM THAT PORTION DESCRIBED IN THE GRANT DEED TO THE SAN BERNARDINO COUNTY FLOOD CONTROL DISTRICT, RECORDED MARCH 9, 1979, AS INSTRUMENT NO. 285, IN BOOK 9639, PAGE 472, SAN BERNARDINO COUNTY OFFICIAL RECORDS PARCEL 7B: THAT PORTION OF LOTS 17 AND 24, SECTION 9, TOWNSHIP 1 SOUTH, RANGE 7 WEST, SAN BERNARDINO BASE AND MERIDIAN ACCORDING TO MAP OF CUCAMONGA LANDS, IN THE COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, ACCORDING TO PLAT THEREOF, RECORDED IN BOOK 4 OF MAPS, PAGE 9, RECORDS OF SAID COUNTY DESCRIBED AS FOLLOWS; COMMENCING AT THE INTERSECTION OF THE CENTER LINE OF ARROW ROUTE AND VINEYARD AVENUE; THENCE NORTH 890 43' 15" WEST, 992.56 FEET; THENCE SOUTH 000 13' 15" WEST 396 FEET TO THE TRUE POINT OF BEGINNING; SAID POINT BEING 330 FEET EAST OF THE WEST LINE OF SAID LOT 17; THENCE SOUTH 890 43' 15" EAST, 287.64 FEET; THENCE SOUTH 000 14' 45" WEST 165 FEET; THENCE SOUTH 890 43' 15" EAST 118.55 FEET; THENCE SOUTH 160 13' 45" EAST, 333.96 FEET; THENCE NORTH 890 49' 15" WEST, 501.18 FEET; THENCE NORTH 000 13' 15" EAST 456 FEET TO THE POINT OF BEGINNING. EXCEPTING THEREFROM THAT PORTION DESCRIBED IN THE GRANT DEED TO THE SAN BERNARDINO COUNTY FLOOD CONTROL DISTRICT, RECORDED MARCH 9, 1979, AS INSTRUMENT NO. 285, IN BOOK 9639, PAGE 472, SAN BERNARDINO COUNTY OFFICIAL RECORDS. ALSO EXCEPTING THEREFROM THAT PORTION OF SAID LAND AS SET OUT IN THAT CERTAIN "FINAL ORDER IN CONDEMNATION," FILED IN SUPERIOR COURT OF CALIFORNIA, COUNTY OF SAN BERNARDINO, CASE NO. 188467 AND RECORDED JUNE 6, 1980 AS INSTRUMENT NO. 80-131073 OF OFFICIAL RECORDS. Resolution No. XX-XXX— Page 6 of 9 Page 195 Assessor's Parcels Numbers of the Property: 0207-262-28, 0207-262-42, 0207-262-36, 0207-262-41, 0207-262-35, 0207-262-46, 0207-262- 45 Resolution No. XX-XXX— Page 7 of 9 Page 196 Exhibit B Description of the District Improvements Fiscal Year 2020/21 Street Light Maintenance District No. 1 (Arterial Streets): Street Light Maintenance District No. 1 (Arterial Streets) (the "Maintenance District") is used to fund the maintenance and/or installation of street lights and traffic signals located on arterial streets throughout the City. These sites consist of several non-contiguous areas throughout the City. The sites maintained by the district consist of street lights on arterial streets and traffic signals on arterial streets within the rights-of-way or designated easements of streets dedicated to the City. Proposed additions to the Improvements for Project Case No. DRC2018-00912: 0 street lights Resolution No. XX-XXX— Page 8 of 9 Page 197 Exhibit C Proposed Annual Assessment Fiscal Year 2020/21 Street Light Maintenance District No.1 (Arterial Streets): The rate per Equivalent Benefit Unit (EBU) is $17.77 for the fiscal year 2020/21. The following table summarizes the assessment rate for Street Light Maintenance District No.1 (Arterial Streets) for Case No. DRC2018-00912: EBU Rate per Land Use Basis Factor* EBU* Single Family Residential Parcel 1.00 $17.77 Multi-Family Residential Parcel 1.00 17.77 Non-Residential Acre 2.00 17.77 The proposed annual assessment for the property described in Exhibit A is as follows: 11.11 acres x 2.00 EBU Factor x $17.77 Rate per EBU = $394.85 Annual Assessment Resolution No. XX-XXX— Page 9 of 9 Page 198 ATTACHMENT # RESOLUTION NO. XX -XXX A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ORDERING THE ANNEXATION OF CERTAIN TERRITORY TO STREET LIGHT MAINTENANCE DISTRICT NO. 6 (COMMERCIAL INDUSTRIAL) FOR CASE NO. DRC2018-00912 WHEREAS, the City Council of the City of Rancho Cucamonga, California, has previously formed a special maintenance district pursuant to the terms of the "Landscape and Lighting Act of 1972", being Division 15, Part 2 of the Streets and Highways Code of the State of California (the "Act", said special maintenance district known and designated as Street Light Maintenance District No. 6 (Commercial Industrial)(the "District"); and WHEREAS, the provisions of Article 2 of Chapter 2 of the Act authorize the annexation of additional territory to the District; and WHEREAS, such provisions also provide that the requirement for the preparation of resolutions, and assessment engineer's report, notices of public hearing and the right of majority protest may be waived in writing with the written consent of all of the owners of property within the territory to be annexed; and WHEREAS, notwithstanding that such provisions of the Act related to the annexation of territory to the District, Article XIII D of the Constitution of the State of California ("Article XIII D") establishes certain procedural requirements for the authorization to levy assessments which apply to the levy of annual assessments for the District on the territory proposed to be annexed to such District; and WHEREAS, the owners of certain property described in Exhibit A attached hereto, and incorporated herein by this reference, have requested that such property (collectively, the "Territory") be annexed to the District in order to provide for the levy of annual assessments to finance the maintenance of certain improvements described in Exhibit B hereto (the "Improvements"); and WHEREAS, all of the owners of the Territory have filed with the City Clerk duly executed forms entitled "Consent And Waiver To Annexation Of Certain Real Property To A Maintenance District And Approval Of The Levy Of Assessments On Such Real Property" (the "Consent and Waiver"); and WHEREAS, by such Consent and Waiver, all of the owners of the Territory have expressly waived any and all of the procedural requirements as prescribed in the Act to the annexation of the Territory to the District and have expressly consented to the annexation of the Territory to the District; and WHEREAS, by such Consent and Waiver, all of the owners of the Territory have also expressly waived any and all of the procedural requirements as prescribed in the Act and/or Article XI I D applicable to the authorization to levy the proposed annual assessment against the Territory set forth in Exhibit B attached hereto and incorporated herein by this reference and have declared support for, consent to and approval of the authorization to levy such proposed annual assessment set forth in Exhibit C attached hereto; and Resolution No. XX-XXX— Page 1 of 9 Page 199 WHEREAS, by such Consent and Waiver, all of the owners of the Territory have also expressly agreed for themselves, their heirs, successors and assigns that: (1) The proportionate special benefit derived by each parcel in the Territory from the District Improvements has been determined in relationship to the entirety of the maintenance and operation expenses of the Improvements; (2) The proposed annual assessment does not exceed the reasonable cost of the proportional special benefit from the Improvements conferred on each parcel in the Territory. (3) Only the special benefits derived or to be derived by each parcel in the Territory from the Improvements have been included in the proposed annual assessment. WHEREAS, at this time the City Council desires to order the annexation of the Territory to the District and to authorize the levy of annual assessments against the Territory in amounts not to exceed the amounts set forth in Exhibit C hereto. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA HEREBY RESOLVES AS FOLLOWS: SECTION 1: That the above recitals are true and correct. SECTION 2: The City Council hereby finds and determines that: a. The annual assessments proposed to be levied on each parcel in the Territory do not exceed the reasonable cost of the proportional special benefit conferred on each such parcel from the Improvements. b. The proportional special benefit derived by each parcel in the Territory from the Improvements has been determined in relationship to the entirety of the cost of the maintenance of the Improvement. c. Only special benefits will be assessed on the Territory by the levy of the proposed annual assessments. SECTION 3: This legislative body hereby orders the annexation the Territory to the District, approves the financing of the maintenance of the Improvements from the proceeds of annual assessments to be levied against the Territory and approves and orders the levy of annual assessments against the Territory in amounts not to exceed the amounts set forth in Exhibit C. SECTION 4: All future proceedings of the District, including the levy of all assessments, shall be applicable to the Territory. PASSED, APPROVED, AND ADOPTED this day of 2020. Resolution No. XX-XXX— Page 2 of 9 Page 200 Exhibit A Identification of the Owner and Description of the Property to be Annexed The Owner of the Property is: 9TH & VINEYARD, LLC The legal description of the Property is: PARCEL 1: THAT PORTION OF THE EAST 1/2 OF LOT 24, SECTION 9, TOWNSHIP 1 SOUTH, RANGE 7 WEST, SAN BERNARDINO BASE AND MERIDIAN, ACCORDING TO THE MAP OF CUCAMONGA LANDS, IN THE CITY OF RANCHO CUCAMONGA, COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 4, PAGE 9 OF MAPS, RECORDS OF SAID COUNTY, DESCRIBED AS FOLLOWS: BEGINNING AT A POINT IN THE SOUTH LINE OF THE EAST 1/2 OF LOT 24, WHICH IS 300 FEET EAST OF THE SOUTHWEST CORNER OF THE EAST 1/2 OF SAID LOT; THENCE WEST ALONG THE SOUTH LINE OF SAID LOT 24, 237.30 FEET; THENCE NORTH PARALLEL TO THE WEST LINE OF THE EAST 1/2 OF SAID LOT, 186.4 FEET; THENCE EAST PARALLEL TO THE SOUTH LINE OF LOT 24 TO A POINT IN THE EAST LINE OF THAT PARCEL OF LAND CONVEYED TO ARNOLD R. MINIKEL, ET UX, BY DEED RECORDED FEBRUARY 23, 1943 IN BOOK 1571, PAGE 481 OF OFFICIAL RECORDS; THENCE SOUTH 160 24' EAST ALONG THE EAST LINE OF THE PROPERTY SO CONVEYED TO THE POINT OF BEGINNING. EXCEPTING THEREFROM THAT PORTION OF SAID LAND AS SET OUT IN THAT CERTAIN "FINAL ORDER IN CONDEMNATION," FILED IN SUPERIOR COURT OF CALIFORNIA, COUNTY OF SAN BERNARDINO, CASE NO. 188467 AND RECORDED JUNE 6, 1980 AS INSTRUMENT NO. 80-131073 OF OFFICIAL RECORDS. PARCEL 2: THAT PORTION OF THE EAST 1/2 OF LOT 24, SECTION 9, TOWNSHIP 1 SOUTH, RANGE 7 WEST, SAN BERNARDINO BASE AND MERIDIAN, ACCORDING TO THE MAP OF CUCAMONGA LANDS, IN THE CITY OF RANCHO CUCAMONGA, COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 4, PAGE 9 OF MAPS, RECORDS OF SAID COUNTY, DESCRIBED AS FOLLOWS: COMMENCING AT A POINT IN THE SOUTH LINE OF SAID LOT 24, 62.70 FEET EAST OF THE SOUTHWEST CORNER OF THE EAST 1/2 OF LOT 24; THENCE NORTH PARALLEL WITH THE WEST LINE OF THE EAST 1/2 OF LOT 24, 186.4 FEET TO THE TRUE POINT OF BEGINNING, SAID POINT BEING THE NORTHWEST CORNER OF PROPERTY CONVEYED TO EDWIN R. SHROSBREE AND GERALDINE SHROSBREE, HUSBAND AND WIFE, BY DEED RECORDED MAY 11, 1950 IN BOOK 2574, PAGE 483 OF OFFICIAL RECORDS; THENCE NORTH PARALLEL WITH THE WEST LINE OF THE EAST 1/2 OF LOT 24, 106 FEET MORE OR LESS TO A POINT, SAID POINT BEING 292.4 FEET NORTH OF THE SOUTH LINE OF SAID LOT 24; THENCE EAST PARALLEL WITH THE SOUTH LINE OF SAID LOT 24 TO A POINT IN THE EAST LINE OF THAT PARCEL OF LAND CONVEYED TO ARNOLD R. MINIKEL, ET UX, BY DEED RECORDED FEBRUARY 23, 1943 IN BOOK 1571, PAGE 481 OF OFFICIAL RECORDS; THENCE SOUTH 16° 24' EAST TO THE NORTHEAST CORNER OF SAID PROPERTY CONVEYED TO EDWIN R. SHROSBREE AND WIFE; THENCE WEST ALONG THE NORTH LINE OF SAID SHROSBREE PROPERTY TO THE POINT OF BEGINNING. EXCEPTING THEREFROM THAT PORTION CONVEYED TO FRANK COCO AND ANNA COCO, HUSBAND AND WIFE, AS JOINT TENANTS, IN A DEED Resolution No. XX-XXX— Page 3 of 9 Page 201 RECORDED JUNE 28, 1957 IN BOOK 4266, PAGE 472 OF OFFICIAL RECORDS. ALSO EXCEPTING THEREFROM THAT PORTION OF SAID LAND AS SET OUT IN THAT CERTAIN "FINAL ORDER IN CONDEMNATION," FILED IN SUPERIOR COURT OF CALIFORNIA, COUNTY OF SAN BERNARDINO, CASE NO. 188467 AND RECORDED JUNE 6, 1980 AS INSTRUMENT NO. 80-131073 OF OFFICIAL RECORDS. PARCEL 2A: A RIGHT OF WAY AND EASEMENT FOR ROAD PURPOSES OVER AND ACROSS THAT PORTION OF THE EAST '/2 OF LOT 24, SECTION 9, TOWNSHIP 1 SOUTH, RANGE 7 WEST, SAN BERNARDINO BASE AND MERIDIAN, ACCORDING TO MAP OF CUCAMONGA LANDS, AS PER MAP RECORDED IN BOOK 4, PAGE 9 OF MAPS, RECORDS OF SAID COUNTY, DESCRIBED AS FOLLOWS: BEGINNING AT A POINT IN THE SOUTH LINE OF THE EAST 1/2 OF SAID LOT 24, WHICH IS EAST 62.70 FEET FROM THE SOUTHWEST CORNER OF THE EAST 1/2 OF SAID LOT; THENCE NORTH PARALLEL WITH THE WEST LINE OF THE EAST 1/2 OF SAID LOT, 186.4 FEET; THENCE EAST PARALLEL WITH THE SOUTH LINE OF SAID LOT, 10 FEET; THENCE SOUTH PARALLEL WITH THE WEST LINE OF THE EAST 1/2 OF SAID LOT, 186.4 FEET TO A POINT IN THE SOUTH LINE OF SAID LOT; THENCE WEST 10 FEET TO THE POINT OF BEGINNING. PARCEL 3: THE EAST 1/2 OF THE SOUTH 1/2 OF THE WEST 330 FEET OF LOTS 17 AND 24, SECTION 9, TOWNSHIP 1 SOUTH, RANGE 7 WEST, SAN BERNARDINO BASE AND MERIDIAN, ACCORDING TO MAP OF CUCAMONGA LANDS, IN THE CITY OF RANCHO CUCAMONGA, COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, AS PER PLAT THEREOF RECORDED IN BOOK 4 OF MAPS, PAGE 9, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. THE PROPERTY HEREIN DESCRIBED IS ALSO SHOWN ON LICENSED SURVEYOR'S MAP RECORDED IN BOOK 10, PAGE 90, RECORDS OF SURVEY. PARCEL 4: THAT PORTION OF LOT 24, SECTION 9, TOWNSHIP 1 SOUTH, RANGE 7 WEST, SAN BERNARDINO BASE AND MERIDIAN, ACCORDING TO MAP OF CUCAMONGA LANDS, AS PER PLAT RECORDED IN BOOK 4 OF MAPS, PAGE 9, RECORDS OF SAID COUNTY, DESCRIBED AS FOLLOWS: BEGINNING AT A POINT IN THE SOUTH LINE OF SAID 24, 552 FEET AND 2 INCHES EAST OF THE SOUTHWEST CORNER THEREOF, SAID POINT BEING IN THE CENTER LINE OF NINTH STREET AND ALSO BEING THE SOUTHEAST CORNER OF THE PROPERTY CONVEYED TO ROLAND C. MARTINES, ET UX, BY DEED RECORDED NOVEMBER 14, 1958, AS INSTRUMENT NO. 131, IN BOOK 4654, PAGE 67, OFFICIAL RECORDS; THENCE NORTH, ALONG THE EAST LINE OF SAID MARTINES PROPERTY, 280 FEET MORE OR LESS TO THE SOUTHWEST CORNER OF THE PROPERTY CONVEYED TO BERT MAIN, ET UX, BY DEED RECORDED JUNE 28, 1957, AS INSTRUMENT NO. 117, IN BOOK 4266, PAGE 473, OFFICIAL RECORDS; THENCE EAST, ALONG THE SOUTH LINE OF THE MAIN PROPERTY TO A POINT 62.70 FEET EAST OF THE EAST LINE OF THE WEST HALF OF SAID LOT, SAID POINT BEING IN THE WEST LINE OF THE LAND CONVEYED TO RALPH KIMBLE, ET UX, BY DEED RECORDED FEBRUARY 28, 1951, AS INSTRUMENT NO. 137, IN BOOK 2725, PAGE 265, OFFICIAL RECORDS; THENCE SOUTH, ALONG SAID WEST LINE OF THE KIMBLE PROPERTY AND THE WEST LINE OF THE PROPERTY CONVEYED TO EDWIN R. SCHROSBREE, ET UX, BY DEED RECORDED MAY 11, 1950, AS INSTRUMENT NO. 319, IN BOOK 2574, PAGE 483, OFFICIAL RECORDS, TO THE SOUTH LINE OF SAID LOT 24; Resolution No. XX-XXX- Page 4 of 9 Page 202 THENCE WEST, ALONG THE SOUTH LINE OF SAID LOT 24 TO THE POINT OF BEGINNING. NOTE: AREAS AND DISTANCES OF THE ABOVE DESCRIBED PROPERTY ARE COMPUTED TO THE CENTERS OF THE ADJOINING STREETS SHOWN ON SAID MAP. PARCEL 5: THAT PORTION OF LOT 24, SECTION 9, TOWNSHIP 1 SOUTH, RANGE 7 WEST, SAN BERNARDINO BASE AND MERIDIAN, ACCORDING TO MAP OF CUCAMONGA LANDS, AS PER PLAT RECORDED IN BOOK 4 OF MAPS, PAGE 9, RECORDS OF SAID COUNTY, DESCRIBED AS FOLLOWS: BEGINNING AT A POINT IN THE SOUTH LINE OF SAID LOT, 330 FEET EAST OF THE SOUTHWEST CORNER THEREOF, SAID POINT BEING IN THE CENTER LINE OF NINTH STREET; THENCE NORTH, PARALLEL WITH THE WEST LINE OF SAID LOT, 444 FEET; THENCE EAST, PARALLEL WITH THE SOUTH LINE OF SAID LOT, 222 FEET, 2 INCHES TO THE NORTHWEST CORNER OF THE LAND CONVEYED TO BERT MAIN, ET UX, BY DEED RECORDED JUNE 28, 1957, AS INSTRUMENT NO. 117, IN BOOK 4266, PAGE 473, OFFICIAL RECORDS; THENCE SOUTH, PARALLEL WITH THE WEST LINE OF SAID LOT, AND ALONG THE WEST LINE AND ITS SOUTHERLY EXTENSION THEREOF OF SAID MAIN PROPERTY, 444 FEET TO THE SOUTH LINE OF SAID LOT 24; THENCE WEST, ALONG THE SOUTH LINE OF SAID LOT TO THE POINT OF BEGINNING. NOTE: AREAS AND DISTANCES OF THE ABOVE DESCRIBED PROPERTY ARE COMPUTED TO THE CENTERS OF THE ADJOINING STREETS SHOWN ON SAID MAP. PARCEL 6: THAT PORTION OF LOT 24, SECTION 9, TOWNSHIP 1 SOUTH, RANGE 7 WEST, SAN BERNARDINO BASE AND MERIDIAN, ACCORDING TO MAP OF CUCAMONGA LANDS, IN THE COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, AS PER PLAT RECORDED IN BOOK 4 OF MAPS, PAGE 9, DESCRIBED AS FOLLOWS: COMMENCING AT A POINT IN THE SOUTH LINE OF SAID LOT, 330 FEET EAST OF THE SOUTHWEST CORNER THEREOF, SAID POINT BEING IN THE CENTER LINE OF NINTH STREET; THENCE NORTH, PARALLEL WITH THE WEST LINE OF SAID LOT, 444 FEET; THENCE EAST, PARALLEL WITH THE SOUTH LINE OF SAID LOT, 222 FEET 2 INCHES TO THE TRUE POINT OF BEGINNING; THENCE SOUTH, PARALLEL WITH THE WEST LINE OF SAID LOT, 164 FEET TO A POINT 280 FEET NORTH OF THE SOUTH LINE OF SAID LOT; THENCE EAST, PARALLEL WITH THE SOUTH LINE OF SAID LOT TO A POINT 62.70 FEET EAST OF THE EAST LINE OF THE WEST HALF OF SAID LOT, SAID POINT BEING IN THE WEST LINE OF THE LAND CONVEYED TO RALPH KIMBLE, ET UX, BY DEED RECORDED FEBRUARY 28, 1951, AS INSTRUMENT NO. 137, IN BOOK 2725, PAGE 265, OFFICIAL RECORDS; THENCE SOUTH, ALONG THE SAID WEST LINE OF THE SAID LAND CONVEYED TO KIMBLE, 20.25 FEET; THENCE EAST, PARALLEL WITH THE SOUTH LINE OF SAID LOT, TO A POINT IN THE EAST LINE OF PARCEL NO. 2 OF THE LAND CONVEYED TO ARNOLD R. MINIKEL, ET US, BY DEED RECORDED FEBRUARY 23, 1943, IN BOOK 1571, PAGE 481, OFFICIAL RECORDS; THENCE NORTH 160 24' WEST, ALONG SAID EAST LINE OF SAID LAND TO MINIKEL, TO A POINT 444 FEET NORTH OF THE SOUTH LINE OF SAID LOT, SAID POINT BEING MEASURED AT RIGHT ANGLES TO SAID SOUTH LINE; THENCE WEST TO THE TRUE POINT OF BEGINNING. EXCEPTING THEREFROM THAT PORTION DESCRIBED IN THE GRANT DEED TO THE SAN BERNARDINO COUNTY FLOOD CONTROL DISTRICT, RECORDED MARCH 9, 1979, AS INSTRUMENT NO. 285, IN BOOK 9639, PAGE 472, SAN BERNARDINO COUNTY OFFICIAL RECORDS. THAT PORTION OF LOT 17, IN SECTION 9, TOWNSHIP 1 SOUTH, RANGE 7 WEST SAN BERNARDINO BASE AND MERIDIAN, ACCORDING TO MAP OF CUCAMONGA LANDS, IN Resolution No. XX-XXX— Page 5 of 9 Page 203 THE COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, AS PER PLAT RECORDED IN BOOK 4 OF MAPS, PG 9, RECORDS OF SAID COUNTY, DESCRIBED AS FOLLOWS: COMMENCING AT THE INTERSECTION OF THE CENTER LINE OF ARROW ROUTE AND VINEYARD AVE; THENCE NORTH 89' 43' 15" WEST 992.56'; THENCE SOUTH 00' 13' 15" WEST 30' TO A POINT ON THE SOUTH LINE OF ARROW ROUTE, SAID POINT BEGINS 330' EAST OF THE WEST LINE OF SAID LOT 17; THENCE SOUTH 89' 13' 15" EAST 107.64' ALONG THE MOST NORTHERLY LINE OF THE LAND CONVEYED TO ARTHUR W. CAIN, ET UX, BY DEED RECORDED MAY 3, 1949, IN BOOK 2396, PAGE 431, OFFICIAL RECORDS, TO THE MOST NORTH-EAST CORNER OF SAID LAND; THENCE SOUTH 00' 14' 45" WEST 366' ALONG THE EAST LINE OF SAID LAND; THENCE SOUTH 89° 43' 15" EAST 180' TO THE TRUE POINT OF BEGINNING; THENCE FROM SAID TRUE POINT OF BEGINNINGS SOUTH 000 14' 15" WEST 165; THENCE SOUTH 890 43' 15" EAST 118.55' ALONG A LINE TO THE INTERSECTION WITH A LINE THAT BEARS NORTH 160 24, WEST FROM THE SOUTHEAST CORNER OF THE LAND CONVEYED TO EUGENE ARNOLD MINIKEL ET UX BY DEED RECORDED FEB. 6, 1948, IN BOOK 2089, PAGE 347, OFFICIAL RECORDS, (SAID CORNER BEING 300' EAST OF THE SOUTHWEST CORNER OF THE EAST 1/2 OF SAID LOT 24); THENCE NORTH 160 24' WEST ALONG SAID LINE TO A POINT DUE WEST OF THE TRUE POINT OF BEGINNING; THENCE WEST ON A STRAIGHT LINE TO THE TRUE POINT OF BEGINNING. EXCEPTING THEREFROM THAT PORTION DESCRIBED IN THE GRANT DEED TO THE SAN BERNARDINO COUNTY FLOOD CONTROL DISTRICT, RECORDED MARCH 9, 1979, AS INSTRUMENT NO. 285, IN BOOK 9639, PAGE 472, SAN BERNARDINO COUNTY OFFICIAL RECORDS PARCEL 7B: THAT PORTION OF LOTS 17 AND 24, SECTION 9, TOWNSHIP 1 SOUTH, RANGE 7 WEST, SAN BERNARDINO BASE AND MERIDIAN ACCORDING TO MAP OF CUCAMONGA LANDS, IN THE COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, ACCORDING TO PLAT THEREOF, RECORDED IN BOOK 4 OF MAPS, PAGE 9, RECORDS OF SAID COUNTY DESCRIBED AS FOLLOWS; COMMENCING AT THE INTERSECTION OF THE CENTER LINE OF ARROW ROUTE AND VINEYARD AVENUE; THENCE NORTH 890 43' 15" WEST, 992.56 FEET; THENCE SOUTH 000 13' 15" WEST 396 FEET TO THE TRUE POINT OF BEGINNING; SAID POINT BEING 330 FEET EAST OF THE WEST LINE OF SAID LOT 17; THENCE SOUTH 890 43' 15" EAST, 287.64 FEET; THENCE SOUTH 000 14' 45" WEST 165 FEET; THENCE SOUTH 890 43' 15" EAST 118.55 FEET; THENCE SOUTH 160 13' 45" EAST, 333.96 FEET; THENCE NORTH 890 49' 15" WEST, 501.18 FEET; THENCE NORTH 000 13' 15" EAST 456 FEET TO THE POINT OF BEGINNING. EXCEPTING THEREFROM THAT PORTION DESCRIBED IN THE GRANT DEED TO THE SAN BERNARDINO COUNTY FLOOD CONTROL DISTRICT, RECORDED MARCH 9, 1979, AS INSTRUMENT NO. 285, IN BOOK 9639, PAGE 472, SAN BERNARDINO COUNTY OFFICIAL RECORDS. ALSO EXCEPTING THEREFROM THAT PORTION OF SAID LAND AS SET OUT IN THAT CERTAIN "FINAL ORDER IN CONDEMNATION," FILED IN SUPERIOR COURT OF CALIFORNIA, COUNTY OF SAN BERNARDINO, CASE NO. 188467 AND RECORDED JUNE 6, 1980 AS INSTRUMENT NO. 80-131073 OF OFFICIAL RECORDS. Resolution No. XX-XXX— Page 6 of 9 Page 204 Assessor's Parcels Numbers of the Property: 0207-262-28, 0207-262-42, 0207-262-36, 0207-262-41, 0207-262-35, 0207-262-46, 0207-262- 45 Resolution No. XX-XXX— Page 7 of 9 Page 205 Exhibit B Description of the District Improvements Fiscal Year 2020/21 Street Light Maintenance District No. 6 (Commercial Industrial): Street Light Maintenance District No. 6 (the "Maintenance District") is used to fund the maintenance and/or installation of street lights and traffic signals located on commercial and industrial streets throughout the City but excluding those areas already in a local maintenance district. Generally, this area encompasses the industrial area of the City south of Foothill Boulevard The sites maintained by the district consist of street lights on industrial or commercial streets and traffic signals (or a portion thereof) on industrial or commercial streets generally south of Foothill Boulevard. Proposed additions to the Improvements for Project Case No. DRC2018-00912: Two new street lights along 91h Street Resolution No. XX-XXX— Page 8 of 9 Page 206 Exhibit C Proposed Annual Assessment Fiscal Year 2020/21 Street Light Maintenance District No. 6 (Commercial Industrial): The rate per Equivalent Benefit Unit (EBU) is $51.40 for the fiscal year 2020/21. The following table summarizes the assessment rate for Street Light Maintenance District No. 6 (Commercial Industrial) for Case No. DRC2018-00912: EBU Rate per Land Use Basis Factor* EBU* Commercial/ Industrial Acre 1.00 $51.40 The proposed annual assessment for the property described in Exhibit A is as follows: 11.11 acres x 1.00 EBU Factor x $51.40 Rate per EBU = $571.05 Annual Assessment Resolution No. XX-XXX— Page 9 of 9 Page 207 m m m DATE: November 4, 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 Brian Sandona, Sr. Civil Engineer SUBJECT: Consideration for a Bond Reduction Request for Case No. DRC2008-00909, Located at the Northeast Corner of Base Line Road and Amethyst Avenue, Submitted by NAS Alta Loma, LLC. RECOMMENDATION: Staff recommends that the City Council accept the bond reduction request for Case No. DRC2008-00909 and release a portion of the Faithful Performance Cash Bond on file. BACKGROUND: On January 22,2014,the Planning Commission approved Case No. DRC2008-00909. The project consists of the proposed demolition of an existing veterinarian office and construction of a new veterinarian office and a commercial retail building on 0.60 acres of land located at the northeast corner of Base Line Road and Amethyst Avenue, within the General Commercial (GC) District. On December 7, 2016, the City Council approved an Improvement Agreement, improvement securities and annexation into Landscape Maintenance District No. 3B and Street Light Maintenance Districts Nos.1 and 6 for Case No. DRC2008-00909. In addition to other public improvements, this project was conditioned to install a streetlight as part of its approval. During the project's construction phase it was discovered that no conduit was installed from the pedestal to the new streetlight. Since the City now owns the streetlights, the developer is required to prepare a street light plan for the installation of the conduit. The developer will need some time to finish the remaining work but is eligible for a bond reduction because all other improvements have been approved by the inspection team. ANALYSIS: The developer, NAS Alta Loma, LLC has requested a bond reduction and release of a portion of the faithful performance cash bond in the following amounts: Faithful Performance Cash Bond: $61,800 Receipt No. 20899 Bond Reduction Amount: $47,800 New Faithful Performance Cash Bond: $14,000 The new faithful performance cash bond amount will remain on deposit as security for the completion of the remaining off-site improvements. Page 208 FISCAL IMPACT: None. COUNCIL MISSION /VISION / GOAL(S) ADDRESSED: This item addresses the City Council's vision for the City by ensuring the construction of high-quality public improvements that promote a world class community. ATTACHMENTS: Attachment—Vicinity Map Page 2 Page 209 ATTACHMENT 1 D RC2008-00909 Northeast corner of Base Line Road and Amethyst Avenue Vicinity Map NOT TO SCALE Project Site _____ _ ________________ i ulll m uuuuVll i ulll i ullVuuuu i ulll i ulll i uuuullVu i ulll i ulll uuu uu ulll i ulll i ullVum i ulll i ulll m uuuuVll i ulll i ullVuuuu ulll i ulll m uuuuVll i ulll i ullVuuuu ulll i ulll i uuuuVlV i / � Y1M fry UAII IY iILYQ � �� M1 I Page 21 m m m DATE: November 4, 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 Darren Chin, Assistant Engineer SUBJECT: Consideration of a Request to Summarily Vacate Excess Right-Of-Way And Order Annexation to Landscape Maintenance District No. 7 And Street Light Maintenance District No's 1 and 7, for Case No. DRC2015-00066, on the East Side of East Avenue Approximately 180 Feet South of Banyan Street Located at 6135 East Avenue, APN 0225-191-31-0000. RECOMMENDATION: Staff recommends that the City Council approve the attached resolutions ordering the annexation of the subject property to Landscape Maintenance District No. 7 and Street Light Maintenance Districts No.'s 1 and 7, and adopt and authorize the recording of the attached resolution summarily ordering the vacation of excess right-of-way adjacent to 6135 East Avenue, located on the east side of East Avenue approximately 180 feet south of Banyan Street. BACKGROUND: On January 9, 1981, City Council approved Parcel Map 5411 for the division of 1.59 acres into three lots on the southeast corner of Banyan Street (formerly Summit Avenue) and East Avenue. Parcel Map 5441 dedicated a 44' half width right-of-way along the westerly edge of the property to accommodate a meandering East Avenue. On March 3, 2003, City Council approved Tract 16116 for the subdivision of 35.87 acres into 48 lots on the southwest corner of Banyan Street and East Avenue. Tract 16116 dedicated a variable width easement along the easterly edge of the property in excess of the 44' half width required for East Avenue to accommodate East Avenue's centerline to the north, which is offset to the west by 66 feet. Approval of Tract 16116 was conditioned on the construction of the full width of East Avenue along its easterly boundary, creating an excess of right-of-way on the street's easterly edge. On February 14, 2018, the Planning Director approved Case No. DRC2015-00066 for a 2,985 square foot addition, a 236 square foot garage, and a 950 square foot detached second dwelling unit to the existing 937 square foot residence located at 6135 East Avenue. A condition of approval for Case No. DRC2015- 00066 was the vacation of the excess right-of-way created as part of the development of Tract 16116. ANALYSIS: Streets and Highways Code Section 8334(a) authorizes local agencies to vacate excess public right-of- way pursuant to adoption of a resolution if it is not needed for street or highway purposes. Upon review of the proposed street vacation, Staff has determined that it conforms to the General Plan as the street has been constructed to its fully improved width and the excess right-of-way is not needed for current or planned street or highway uses. Based on that determination, Staff has prepared the attached resolution for consideration by the City Council. It should be noted that this resolution includes a reservation of a public utilities easement to protect any existing public utility facilities within the vacation area pursuant to Streets and Highways Code Section 8340. Page 211 This project was also approved subject to the condition that the property be annexed into the appropriate landscape and lighting districts. The owner and applicant, Hector Ruiz, Manager of HR Fit, LLC, has signed and submitted the consent and waiver forms necessary to annex into Landscape Maintenance District No. 7 (LMD 7) and Street Light Maintenance District No.'s 1 and 7 (SLD 1 and SLD 7). These forms are on file in the Office of the City Clerk. FISCAL IMPACT: This item would annex the subject property into Landscape Maintenance District LMD 7 and Street Lighting District No.'s 1 and 7 providing additional annual revenue in the following amounts to these districts: LMD No. 7 $307.05 SLD No. 1 $17.77 SLD No. 7 $33.32 This development does not add new streetlights or street trees for maintenance by the districts. COUNCIL MISSION /VISION / GOAL(S) ADDRESSED: This item aligns with the City Council's Core Values by promoting and enhancing a safe and healthy community for all by ensuring the construction and maintenance of high-quality public improvements. ATTACHMENTS: Attachment 1 —Vicinity Map Attachment 2 —Street Vacation Resolution Attachment 3—Annexation Resolution - LMD 7 Attachment 4—Annexation Resolution SLD 1 Attachment 5—Annexation Resolution SLD 7 Page 2 Page 212 ATTACHMENT 1 6135 East Ave Vicinity Map NOT TO SCALE oar ...................... - ------ _.........................._ .......... ........ .--- - ,.,,,.,.-----------.... -----__.,..----------.......... ........................ . 1 ti k ------ ---------------- ................................. .--- __, ..._.......................... .......... .......... N Page 213 RESOLUTION NO. 2020 -XX A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA SUMMARILY ORDERING THE STREET VACATION ON THE EAST SIDE OF EAST AVENUE APPROXIMATELY 180 FEET SOUTH OF BANYAN STREET AT 6135 EAST AVENUE, APN 0225-191-31-0000 WHEREAS, the City of Rancho Cucamonga staff found and determined that the summary vacation of the subject rights herein contemplated conformity to the City's General Plan; and WHEREAS, the City Council found all the evidence submitted that the subject rights located at 6135 East Avenue, are unnecessary for present or prospective public purposes NOW, THEREFORE BE IT RESOLVED by the City Council of Rancho Cucamonga as follows: SECTION 1: That the City Council of the City of Rancho Cucamonga hereby makes its order vacating the excess offer of dedication, as shown on map V-243, on file in the office of the City Clerk of the City of Rancho Cucamonga, which have been further described in the legal description which is attached hereto, marked Exhibit "A" and shown on Exhibit "B" and by reference made a part thereof. SECTION 2: That the subject vacation shall be subject to the reservations and exceptions, if any, for existing utilities on record. SECTION 3:That from and after the date the resolution is recorded, said excess offer of dedication no longer constitute a City right. SECTION 4:That the City Clerk shall cause a certified copy of this resolution to be recorded in the office of the County Recorder of San Bernardino County, California. SECTION 5: That the City Clerk shall certify to the passage and adoption of this resolution, and it shall thereupon take effect and be in force. PASSED, APPROVED, AND ADOPTED this day of 2020. Resolution No. 20-XXX Page 214 EXHIBIT "A" ALL THAT REAL PROPERTY SITUATED IN THE CITY OF RANCHO CUCAMONGA, COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA AND MORE PRECISELY DESCRIBED AS FOLLOWS; BEGINNING AT THE SOUTH WEST CORNER OF PARCEL 3 AS SHOWN BY PARCEL MAP NUMBER 5441 RECORDED IN PARCEL MAP BOOK 62 AT PAGES 21 THROUGH 22, RECORDS OF SAID COUNTY OF SAN BERNARDINO,; THENCE N 00009'21"E ALONG THE WESTERLY LINE OF SAID PARCEL 3 A DISTANCE OF 58.61 FEET TO THE BEGINNING OF A CURVE THEREIN, SAID CURVE CONCAVE TO THE WEST AND HAVING A RADIUS OF 344.00 FEET; THENCE NORTH WESTERLY ALONG SAID WESTERLY LINE THROUGH A CENTRAL ANGLE OF 11037'36"A DISTANCE OF 69.81 FEET TO THE NORTH WEST CORNER OF SAID PARCEL 3; THENCE S 89024'38"W ON THE PROLONGATION OF THE NORTH LINE OF THE AFORE MENTIONED PARCEL 3 A DISTANCE OF 44.75 FEET TO THE A POINT ON A NON TANGENT CURVE CONCAVE WESTERLY AND HAVING A RADIUS OF 1444.00 FEET; THENCE SOUTHERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 1048'04"A DISTANCE OF 45.39 FEET TO THE BEGINNING OF A REVERSE CURVE HAVING A RADIUS OF 96.57 FEET; THENCE SOUTHERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 20031,03"A DISTANCE OF 34.58 FEET TO THE BEGINNING OF A REVERSE CURVE CONCAVE WESTERLY HAVING A RADIUS OF 72.57 FEET; THENCE SOUTHERLY ALONG SAID REVERSE CURVE THROUGH A CENTRAL ANGLE OF 22058,24" A DISTANCE OF 29.10 FEET TO A POINT OF COUMPOUND CURVE HAVING A RADIUS OF 1456.00 FEET; THENCE SOUTH EASTERLY ALONG SAID COMPOUND CURVE THROUGH A CENTRAL ANGLE OF 00046'52"A DISTANCE OF 19.85 FEET TO A POINT ON THE WESTERLY PROLONGATION OF THE SOUTHERLY LINE OF THE AFORE MENTIONED PARCEL 3,; THENCE N 89024'38"E ALONG SAID PROLONGATION A DISTANCE OF 48.75 FEET TO THE POINT OF BEGINNING. CONTAINS 6229 SQUARE FEET MORE OR LESS. L87432 Exp.7''rt' I rip Page 215 7 S W d z f7 � CO'82T 3 ATa,60.00 N Q 3 N � � o 0i o vi r-+ O W W 4- y �D CD - X a ~ a- d- � Oj CD � � W (� cv TO) 01 �j ►� W N W W Q ~ n Q00 Cr1 d 1— M In W C � N � > I cuLi co W W - o N n za `a N 0 n- vD W "D W z <C j} W \ ..a.. tx as _ c`' � � m 4 �? co d N � ��LO G7 it It 00 �4 t9'8S t o LO 1 x W cu �D Q o Od iti Q, et `Q ` �.rt1 0 z c>�ct_ ��a �to o Q � o to � , �0,3 oei O l0 O o Cl� o }- ,gyp Vl d 111 11 RJ(U o M �+� yy ; Oj - " 3 IZJ60000 N Page 216 ATTACHMENT 3 RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ORDERING THE ANNEXATION OF CERTAIN TERRITORY TO LANDSCAPE MAINTENANCE DISTRICT NO. 7 (NORTH ETIWANDA) FOR CASE NO. DRC2015-00066 WHEREAS, the City Council of the City of Rancho Cucamonga, California, has previously formed a special maintenance district pursuant to the terms of the "Landscape and Lighting Act of 1972", being Division 15, Part 2 of the Streets and Highways Code of the State of California (the "Act", said special maintenance district known and designated as Landscape Maintenance District No. 7 (North Etiwanda) (the "District"); and WHEREAS, the provisions of Article 2 of Chapter 2 of the Act authorize the annexation of additional territory to the District; and WHEREAS, such provisions also provide that the requirement for the preparation of resolutions, and assessment engineer's report, notices of public hearing and the right of majority protest may be waived in writing with the written consent of all of the owners of property within the territory to be annexed; and WHEREAS, notwithstanding that such provisions of the Act related to the annexation of territory to the District, Article XIII D of the Constitution of the State of California ("Article XIII D") establishes certain procedural requirements for the authorization to levy assessments which apply to the levy of annual assessments for the District on the territory proposed to be annexed to such District; and WHEREAS, the owners of certain property described in Exhibit A attached hereto, and incorporated herein by this reference, have requested that such property (collectively, the "Territory") be annexed to the District in order to provide for the levy of annual assessments to finance the maintenance of certain improvements described in Exhibit B hereto (the "Improvements"); and WHEREAS, all of the owners of the Territory have filed with the City Clerk duly executed forms entitled "Consent And Waiver To Annexation Of Certain Real Property To A Maintenance District And Approval Of The Levy Of Assessments On Such Real Property" (the "Consent and Waiver"); and WHEREAS, by such Consent and Waiver, all of the owners of the Territory have expressly waived any and all of the procedural requirements as prescribed in the Act to the annexation of the Territory to the District and have expressly consented to the annexation of the Territory to the District; and WHEREAS, by such Consent and Waiver, all of the owners of the Territory have also expressly waived any and all of the procedural requirements as prescribed in the Act and/or Article XI I D applicable to the authorization to levy the proposed annual assessment against the Territory set forth in Exhibit B attached hereto and incorporated herein by this reference and have declared support for, consent to and approval of the authorization to levy such proposed annual assessment set forth in Exhibit C attached hereto; and Resolution No. XXX-XXX— Page 1 of 5 Page 217 WHEREAS, by such Consent and Waiver, all of the owners of the Territory have also expressly agreed for themselves, their heirs, successors and assigns that: (1) The proportionate special benefit derived by each parcel in the Territory from the District Improvements has been determined in relationship to the entirety of the maintenance and operation expenses of the Improvements; (2) The proposed annual assessment does not exceed the reasonable cost of the proportional special benefit from the Improvements conferred on each parcel in the Territory. (3) Only the special benefits derived or to be derived by each parcel in the Territory from the Improvements have been included in the proposed annual assessment. WHEREAS, at this time the City Council desires to order the annexation of the Territory to the District and to authorize the levy of annual assessments against the Territory in amounts not to exceed the amounts set forth in Exhibit C hereto. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA HEREBY RESOLVES AS FOLLOWS: SECTION 1: That the above recitals are true and correct. SECTION 2: The City Council hereby finds and determines that: a. The annual assessments proposed to be levied on each parcel in the Territory do not exceed the reasonable cost of the proportional special benefit conferred on each such parcel from the Improvements. b. The proportional special benefit derived by each parcel in the Territory from the Improvements has been determined in relationship to the entirety of the cost of the maintenance of the Improvement. c.Only special benefits will be assessed on the Territory by the levy of the proposed annual assessments. SECTION 3: This legislative body hereby orders the annexation the Territory to the District, approves the financing of the maintenance of the Improvements from the proceeds of annual assessments to be levied against the Territory and approves and orders the levy of annual assessments against the Territory in amounts not to exceed the amounts set forth in Exhibit C. SECTION 4: All future proceedings of the District, including the levy of all assessments, shall be applicable to the Territory. PASSED, APPROVED, AND ADOPTED this day of 2020. Resolution No. XXX-XXX— Page 2 of 5 Page 218 Exhibit A Identification of the Owner and Description of the Property to be Annexed The Owner of the Property is: HR FIT LLC The legal description of the Property is: PARCEL MAP 5441 PARCEL 3 Assessor's Parcels Numbers of the Property: 0225-191-31-0000 Resolution No. XXX-XXX— Page 3 of 5 Page 219 Exhibit B Description of the District Improvements Fiscal Year 2020/2021 Landscape Maintenance District No. 7 (North Etiwanda): Landscape Maintenance District No. 7 (North Etiwanda) (the "Maintenance District") represents landscape sites throughout the Etiwanda North Area. The various sites maintained by the district consist of parkways, median islands, paseos, street trees, community trails and Etiwanda Creek Park. Proposed additions to the Improvements for Project DRC2015-00066: None Resolution No. XXX-XXX— Page 4 of 5 Page 220 Exhibit C Proposed Annual Assessment Fiscal Year 2020/2021 Landscape Maintenance District No. 7 (North Etiwanda): The rate per Equivalent Benefit Unit (EBU) is $307.05 for the fiscal year 2020/21. The following table summarizes the assessment rate for Landscape Maintenance District No. 7 (North Etiwanda) for DRC2015-00066: EBU Rate per Land Use Basis Factor* EBU* Single Family Residential Parcel 1.00 $307.05 The proposed annual assessment for the property described in Exhibit A is as follows: 1 Parcels x 1 EBU Factor x $307.05 Rate per EBU = $ 307.05 Annual Assessment Resolution No. XXX-XXX— Page 5 of 5 Page 221 ATTACHMENT 4 RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ORDERING THE ANNEXATION OF CERTAIN TERRITORY TO STREET LIGHT MAINTENANCE DISTRICT NO. 1 (ARTERIAL STREETS) FOR CASE NO. DRC2015-00066 WHEREAS, the City Council of the City of Rancho Cucamonga, California, has previously formed a special maintenance district pursuant to the terms of the "Landscape and Lighting Act of 1972", being Division 15, Part 2 of the Streets and Highways Code of the State of California (the "Act", said special maintenance district known and designated as Street Light Maintenance District No. 1 (Arterial Streets) (the "District"); and WHEREAS, the provisions of Article 2 of Chapter 2 of the Act authorize the annexation of additional territory to the District; and WHEREAS, such provisions also provide that the requirement for the preparation of resolutions, and assessment engineer's report, notices of public hearing and the right of majority protest may be waived in writing with the written consent of all of the owners of property within the territory to be annexed; and WHEREAS, notwithstanding that such provisions of the Act related to the annexation of territory to the District, Article XIII D of the Constitution of the State of California ("Article XIII D") establishes certain procedural requirements for the authorization to levy assessments which apply to the levy of annual assessments for the District on the territory proposed to be annexed to such District; and WHEREAS, the owners of certain property described in Exhibit A attached hereto, and incorporated herein by this reference, have requested that such property (collectively, the "Territory") be annexed to the District in order to provide for the levy of annual assessments to finance the maintenance of certain improvements described in Exhibit B hereto (the "Improvements"); and WHEREAS, all of the owners of the Territory have filed with the City Clerk duly executed forms entitled "Consent And Waiver To Annexation Of Certain Real Property To A Maintenance District And Approval Of The Levy Of Assessments On Such Real Property" (the "Consent and Waiver"); and WHEREAS, by such Consent and Waiver, all of the owners of the Territory have expressly waived any and all of the procedural requirements as prescribed in the Act to the annexation of the Territory to the District and have expressly consented to the annexation of the Territory to the District; and WHEREAS, by such Consent and Waiver, all of the owners of the Territory have also expressly waived any and all of the procedural requirements as prescribed in the Act and/or Article XI I D applicable to the authorization to levy the proposed annual assessment against the Territory set forth in Exhibit B attached hereto and incorporated herein by this reference and have declared support for, consent to and approval of the authorization to levy such proposed annual assessment set forth in Exhibit C attached hereto; and Resolution No. XX-XXX— Page 1 of 5 Page 222 WHEREAS, by such Consent and Waiver, all of the owners of the Territory have also expressly agreed for themselves, their heirs, successors and assigns that: (1) The proportionate special benefit derived by each parcel in the Territory from the District Improvements has been determined in relationship to the entirety of the maintenance and operation expenses of the Improvements; (2) The proposed annual assessment does not exceed the reasonable cost of the proportional special benefit from the Improvements conferred on each parcel in the Territory. (3) Only the special benefits derived or to be derived by each parcel in the Territory from the Improvements have been included in the proposed annual assessment. WHEREAS, at this time the City Council desires to order the annexation of the Territory to the District and to authorize the levy of annual assessments against the Territory in amounts not to exceed the amounts set forth in Exhibit C hereto. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA HEREBY RESOLVES AS FOLLOWS: SECTION 1: That the above recitals are true and correct. SECTION 2: The City Council hereby finds and determines that: a. The annual assessments proposed to be levied on each parcel in the Territory do not exceed the reasonable cost of the proportional special benefit conferred on each such parcel from the Improvements. b. The proportional special benefit derived by each parcel in the Territory from the Improvements has been determined in relationship to the entirety of the cost of the maintenance of the Improvement. C. Only special benefits will be assessed on the Territory by the levy of the proposed annual assessments. SECTION 3: This legislative body hereby orders the annexation the Territory to the District, approves the financing of the maintenance of the Improvements from the proceeds of annual assessments to be levied against the Territory and approves and orders the levy of annual assessments against the Territory in amounts not to exceed the amounts set forth in Exhibit C. SECTION 4: All future proceedings of the District, including the levy of all assessments, shall be applicable to the Territory. PASSED, APPROVED, AND ADOPTED this day of 2020. Resolution No. XX-XXX— Page 2 of 5 Page 223 Exhibit A Identification of the Owner and Description of the Property to be Annexed The Owner of the Property is: HR FIT LLC The legal description of the Property is: PARCEL MAP 5441 PARCEL 3 Assessor's Parcels Numbers of the Property: 0225-191-31-0000 Resolution No. XX-XXX— Page 3 of 5 Page 224 Exhibit B Description of the District Improvements Fiscal Year 2020/2021 Street Light Maintenance District No. 1 (Arterial Streets): Street Light Maintenance District No. 1 (Arterial Streets) (the "Maintenance District") is used to fund the maintenance and/or installation of street lights and traffic signals located on arterial streets throughout the City. These sites consist of several non-contiguous areas throughout the City. The sites maintained by the district consist of street lights on arterial streets and traffic signals on arterial streets within the rights-of-way or designated easements of streets dedicated to the City. Proposed additions to the Improvements for Project DRC2015-00066: None Resolution No. XX-XXX— Page 4 of 5 Page 225 Exhibit C Proposed Annual Assessment Fiscal Year 2020/2021 Street Light Maintenance District No.1 (Arterial Streets): The rate per Equivalent Benefit Unit (EBU) is $17.77 for the fiscal year 2020/21. The following table summarizes the assessment rate for Street Light Maintenance District No.1 (Arterial Streets) for DRC2015-00066: EBU Rate per Land Use Basis Factor* EBU* Single Family Residential Parcel 1.00 $17.77 Multi-Family Residential Parcel 1.00 17.77 Non-Residential Acre 2.00 17.77 The proposed annual assessment for the property described in Exhibit A is as follows: 1 Parcels x 1 EBU Factor x$17.77 Rate per EBU =$ 17.77 Annual Assessment Resolution No. XX-XXX— Page 5 of 5 Page 226 ATTACHMENT 5 RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ORDERING THE ANNEXATION OF CERTAIN TERRITORY TO STREET LIGHT MAINTENANCE DISTRICT NO. 7 (NORTH ETIWANDA) FOR CASE NO. DRC2015-00066 WHEREAS, the City Council of the City of Rancho Cucamonga, California, has previously formed a special maintenance district pursuant to the terms of the "Landscape and Lighting Act of 1972", being Division 15, Part 2 of the Streets and Highways Code of the State of California (the "Act", said special maintenance district known and designated as Street Light Maintenance District No. 7 (North Etiwanda) (the "District"); and WHEREAS, the provisions of Article 2 of Chapter 2 of the Act authorize the annexation of additional territory to the District; and WHEREAS, such provisions also provide that the requirement for the preparation of resolutions, and assessment engineer's report, notices of public hearing and the right of majority protest may be waived in writing with the written consent of all of the owners of property within the territory to be annexed; and WHEREAS, notwithstanding that such provisions of the Act related to the annexation of territory to the District, Article XIII D of the Constitution of the State of California ("Article XIII D") establishes certain procedural requirements for the authorization to levy assessments which apply to the levy of annual assessments for the District on the territory proposed to be annexed to such District; and WHEREAS,the owners of certain property described in Exhibit A attached hereto, and incorporated herein by this reference, have requested that such property (collectively, the "Territory") be annexed to the District in order to provide for the levy of annual assessments to finance the maintenance of certain improvements described in Exhibit B hereto (the "Improvements"); and WHEREAS, all of the owners of the Territory have filed with the City Clerk duly executed forms entitled "Consent And Waiver To Annexation Of Certain Real Property To A Maintenance District And Approval Of The Levy Of Assessments On Such Real Property" (the "Consent and Waiver"); and WHEREAS, by such Consent and Waiver, all of the owners of the Territory have expressly waived any and all of the procedural requirements as prescribed in the Act to the annexation of the Territory to the District and have expressly consented to the annexation of the Territory to the District; and WHEREAS, by such Consent and Waiver, all of the owners of the Territory have also expressly waived any and all of the procedural requirements as prescribed in the Act and/or Article XI I I D applicable to the authorization to levy the proposed annual assessment against the Territory set forth in Exhibit B attached hereto and incorporated herein by this reference and have declared support for, consent to and approval of the authorization to levy such proposed annual assessment set forth in Exhibit C attached hereto; and WHEREAS, by such Consent and Waiver, all of the owners of the Territory have also expressly agreed for themselves, their heirs, successors and assigns that: (1) The proportionate special benefit derived by each parcel in the Territory from the District Improvements has been determined in relationship to the entirety of the maintenance and operation expenses of the Improvements; Resolution No. XXX-XXX— Page 1 of 5 Page 227 (2) The proposed annual assessment does not exceed the reasonable cost of the proportional special benefit from the Improvements conferred on each parcel in the Territory. (3) Only the special benefits derived or to be derived by each parcel in the Territory from the Improvements have been included in the proposed annual assessment. WHEREAS, at this time the City Council desires to order the annexation of the Territory to the District and to authorize the levy of annual assessments against the Territory in amounts not to exceed the amounts set forth in Exhibit C hereto. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA HEREBY RESOLVES AS FOLLOWS: SECTION 1: That the above recitals are true and correct. SECTION 2: The City Council hereby finds and determines that: a. The annual assessments proposed to be levied on each parcel in the Territory do not exceed the reasonable cost of the proportional special benefit conferred on each such parcel from the Improvements. b. The proportional special benefit derived by each parcel in the Territory from the Improvements has been determined in relationship to the entirety of the cost of the maintenance of the Improvement. C. Only special benefits will be assessed on the Territory by the levy of the proposed annual assessments. SECTION 3: This legislative body hereby orders the annexation the Territory to the District, approves the financing of the maintenance of the Improvements from the proceeds of annual assessments to be levied against the Territory and approves and orders the levy of annual assessments against the Territory in amounts not to exceed the amounts set forth in Exhibit C. SECTION 4: All future proceedings of the District, including the levy of all assessments, shall be applicable to the Territory. PASSED, APPROVED, AND ADOPTED this day of 2020. Resolution No. XXX-XXX— Page 2 of 5 Page 228 Exhibit A Identification of the Owner and Description of the Property to be Annexed The Owner of the Property is: HR FIT LLC The legal description of the Property is: PARCEL MAP 5441 PARCEL 3 Assessor's Parcels Numbers of the Property: 0225-191-31-0000 Resolution No. XXX-XXX— Page 3 of 5 Page 229 Exhibit B Description of the District Improvements Fiscal Year 2020/2021 Street Light Maintenance District No. 7 (North Etiwanda): Street Light Maintenance District No. 7 (North Etiwanda) (the "Maintenance District") is used to fund the maintenance and/or installation of street lights and traffic signals located on local streets in what is termed the North Etiwanda area of the City. Generally, this area encompasses the area of the City east of Day Creek Channel and north of Highland Avenue within the incorporated area of the City. The sites maintained by the district consist of street lights on local streets and traffic signals (or a portion thereof) on local streets within the North Etiwanda area. Proposed additions to the Improvements for Project DRC2015-00066: None Resolution No. XXX-XXX— Page 4 of 5 Page 230 Exhibit C Proposed Annual Assessment Fiscal Year 2020/2021 Street Light Maintenance District No. 7 (North Etiwanda): The rate per Equivalent Benefit Unit (EBU) is $33.32 for the fiscal year 2020/21. The following table summarizes the assessment rate for Street Light Maintenance District No. 7 (North Etiwanda) for DRC2015-00066: EBU Rate per Land Use Basis Factor* EBU* Single Family Residential Unit 1.00 $33.32 Multi-Family Residential Unit 0.50 33.32 Non-Residential Acre 2.00 33.32 The proposed annual assessment for the property described in Exhibit A is as follows: 1 Parcels x 1 EBU Factor x $33.32 Rate per EBU = $ 33.32 Annual Assessment Resolution No. XXX-XXX— Page 5 of 5 Page 231 m m m DATE: November 4, 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 Ruth Cain, CPPB, Procurement Manager SUBJECT: Consideration to Authorize the Purchase of Traffic Signal Replacement Batteries from Nextech Systems Inc. of Irvine, California, the Most Responsive Bidder in Accordance with the Request for Bid ("RFB") #20/21-115 in the Amount of $76,500. RECOMMENDATION: Staff recommends that the members of the City Council authorize the purchase of traffic signal replacement batteries from Nextech Systems Inc. of Irvine, California, the most responsive bidder in accordance with the Request for Bid ("RFB") #20/21-115 in the amount of$76,500. BACKGROUND: Traffic signal batteries support the City's traffic signal intersections and system in the event of a power outage. The traffic signal batteries are an essential part of the battery backup system, which provides temporary emergency power to the signalized intersection by placing the intersection into four-way red flash. This keeps a level of order and safety while power is restored to the area. Traffic signal batteries degrade over time, and the existing batteries have reached their intended service life and require replacement. The Public Works Services Department provided a specification to the Procurement Department for the purchase of the traffic signal replacement batteries. Procurement prepared and posted a formal Request for Bid ("RFB") #20/21-115 for Traffic Signal Replacement Batteries on an as needed basis to the City's automated procurement system. There were four hundred and forty-five (445) notified vendors, twenty-two (22) prospective vendors that downloaded the documentation, and two (2) vendors that submitted a bid, one (1) bid response was considered non-responsive as it did not meet the specifications. ANALYSIS: After analysis of the bid response by Public Works and Procurement staff, it has been determined to be in the City's best interest to authorize the purchase of batteries from Nextech Systems Inc. of Irvine, California, who is the most responsive, responsible bidder that meets the specifications required by the Public Works Services Department. All applicable documentation is on file in the City's automated bid system. FISCAL IMPACT: The purchase of traffic signal replacement batteries is included in the approved FY 2020/2021 budget in the amount of$76,500 in account 1712001-5200 (Equipment/Vehicle Replacement Fund). Page 232 COUNCIL MISSION /VISION / GOAL(S) ADDRESSED: Promoting and enhancing a safe and healthy community for all. ATTACHMENTS: None. Page 2 Page 233 m m m DATE: November 4, 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 Ivan Rojer, Fire Chief Gianfranco Laurie, Senior Civil Engineer Ruth Cain, Procurement Manager SUBJECT: Consideration of a Professional Services Agreement with Owen Group, Limited Partnership, in the Amount of $346,200, Plus a 10% Contingency for the Americans with Disabilities Act(ADA)Self-Evaluation and Transition Plan (Priority Phases 1 Through 3). RECOMMENDATION: Staff recommends that the City Council award a Professional Services Agreement with Owen Group, Limited Partnership, in the amount of$346,200, plus a 10% contingency for the Americans with Disabilities Act (ADA) Self-Evaluation and Transition Plan (Priority Phases 1 through 3). BACKGROUND: In 1997 and 1998, the City of Rancho Cucamonga (City) and the Rancho Cucamonga Fire Protection District (RCFPD) completed an initial ADA Self-Evaluation and Transition Plan to comply with the Americans with Disabilities Act of 1990. The ADA Self-Evaluation and Transition Plan contained a detail compliance study analyzing existing facilities, parks, and programs sponsored by the City and RCFPD respectively. Approximately 13 City and RCFPD facilities, 19 City parks, and several combined programs some of which as identified in the ADA Self-Evaluation and Transition Plan had areas of noncompliance. Site diagrams within the transition plan illustrated barriers, actions, projected/actual costs, schedules and potential funding sources necessary to bring detected areas into compliance to meet ADA regulations. Since the initial study, changes have been made to the ADA Title II Regulations as well as ADA Standards for Accessible Design. Additionally, the City and RCFPD have acquired and disposed of facilities; performed capital improvement projects; modified organization structures; implemented different programs, services, and activities in which the requirements for public accessibility may differ today from when last evaluated in the initial ADA Self-Evaluation and Transition Plan. For that reason, the City and RCFPD decided to undergo an ADA Self-Evaluation and Transition Plan update to ensure that a plan is in place for updating buildings, infrastructure improvements, programs, services, and activities to meet current ADA and accessibility requirements. ANALYSIS: For the City and RCFPD to continue its ongoing efforts to comply with various accessibility requirements, an update to the initial ADA Self-Evaluation and Transition Plan is required. Based on the many facilities, parks, and programs, including right-of-way, separating the ADA Self-Evaluation and Transition Plan update into three (3) priority phases is the best approach. Priority phases will be as follows. Page 234 • Phase I: City and RCFPD Facilities and Fire Stations • Phase II: City Right-of-Way • Phase III: City Parks It has been determined by the City and RCFPD that a qualified consultant firm be retained to complete a comprehensive ADA Self-Evaluation and Transition Plan update. The consultant firm will need to be professional, experienced, and knowledgeable in Federal and State accessibility standard and codes. Ultimately, the consultant firm will be responsible for evaluating and creating a new ADA Self-Evaluation and Transition Plan for the following amenities: • 14 City and RCFPD Buildings • 22,598,400 square feet of Sidewalk • 8 Fire Stations • 19 miles of Multi-Use Trails • 1 Parking Structure • 81 miles of Bicycle Facilities • 30 Parks • 207 Signalized Intersections/Pedestrian Crossings In mid-July 2020, a Request for Proposals (RFP) #20/21-005 for Americans with Disabilities Act (ADA) Self-Evaluation and Transition Plan was posted and deadline to submit proposals was August 24, 2020. RFP#20/21-005 solicitation was disbursed to one thousand four hundred seventy-five (1,475) vendors wherein sixty (60) prospective proposers were identified and seven (7) proposal responses were received for the ADA Self-Evaluation and Transition Plan. An evaluation committee was formed, and the proposal responses were evaluated and rated in accordance with the criteria specified in the RFP. Interviews between the top three (3) consulting firms were scheduled and conducted via Zoom on October 14 and 15, 2020. The proposal and interview provided by Owen Group, Limited Partnership, was the highest rated of all the proposals, providing a clear understanding of the City and RCFPD scope of services needed to update the ADA Self-Evaluation and Transition Plan. Owen Group, Limited Partnership, will include project management, public outreach and meetings, self-evaluation and transition plan reports, inventory database and mapping, and training as identified in the request for proposals and as outlined in their response. A Best and Final Offer (BAFO) was submitted by Owen Group, Limited Partnership, with a fee in the amount of$346,200 for all three (3) priority phases; Phase I: City and RCFPD Facilities and Fire Station, Phase II: City Right-of-Way, and Phase III: City Parks. The preliminary schedule for the ADA Self- Evaluation and Transition Plan update estimates a project timeline of two years beginning November 2020 and ending November 2022. On this basis, staff has determined that Owen Group, Limited Partnership, is able to meet the needs of the City and RCFPD based on their qualification, experience, scope and fee schedule. FISCAL IMPACT: A budget of$300,000 from the City and $100,000 from RCFPD totaling $400,000 has been included in the Fiscal Year 2020/21 Budget for first priority phase of the project. The initial estimated cost for the three priority phases was $675,000. Given the above-listed BAFO of$346,200, sufficient funding is currently available to fund all three priority phases from the Capital Reserves Fund (Fund 025) budgeted by the City and Fire Protection Capital Fund (Fund 288) budgeted by the RCFPD. Funding is identified under the contract services line item accounts as listed below: Page 2 Page 235 Account No. Funding Source Description Amount 1025001-5300 Capital Reserves 025 ADA Transition Plan $300,000 3288501-5300 Fire Protection Capital (288) ADA Transition Plan $100,000 Total Project Budget $400,000 COUNCIL MISSION /VISION / GOAL(S) ADDRESSED: This item addresses the City Council's vision for the City to build upon our success as a world class community, to create an equitable, sustainable, and vibrant city, rich in opportunity for all to thrive by ensuring that facilities, right-of-way, parks and programs follow current ADA Title II and Accessibility requirements. ATTACHMENTS: Attachment 1 — Professional Services Agreement Page 3 Page 236 ATTACHMENT 1 AGREEMENT FOR DESIGN PROFESSIONAL SERVICES THIS AGREEMENT is made and entered into this day of November, 2020, by and between the City of Rancho Cucamonga, a municipal corporation ("City") the Rancho Cucamonga Fire Protection District ("RCFPD") and Owen Group, a Limited Partnership ("Consultant"). RECITALS A. City and RCFPD has heretofore issued its request for proposals to perform the following design professional services: Americans with Disabilities Act (ADA) Self- Evaluation and Transition Plan ("the Project"). B. Consultant has submitted a proposal to perform the professional services described in Recital "A", above, necessary to complete the Project. C. City and RCFPD desire to engage Consultant to complete the Project in the manner set forth and more fully described herein. D. Consultant 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. Consultant's Services. 1.1 Scope and Level of Services. Subject to the terms and conditions set forth in this Agreement, City and RCFPD hereby engages Consultant to perform all technical and design professional services described in Recitals "A" and "B" above, including, but not limited to project management, public outreach, and meetings, self- evaluation and transition plan reports, inventory database and mapping, and training, all as more fully set forth in the Consultant's proposal, dated August 24, 2020 and entitled "Scope of Work", attached hereto as Exhibit "A", and incorporated by reference herein. The nature, scope, and level of the services required to be performed by Consultant 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 and RCFPD, the Consultant will promptly meet with City and RCFPD staff to discuss any revisions to the Project desired by the City and RCFPD. Consultant agrees that the Scope of Work may be amended based upon said meetings, and, by amendment to this Vendor Initials PSA with professional liability insurance(Design) Page I Last Revised:10102113 Page 237 Agreement, the parties may agree on a revision or revisions to Consultant's compensation based thereon. A revision pursuant to this Section that does not increase the total cost payable to Consultant by more than ten percent(10%) of the total compensation specified in Section 3, may be approved in writing by City's City Manager without amendment. 1.3 Time for Performance. Consultant 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"B". 1.4 Standard of Care. As a material inducement to City and RCFPD to enter into this Agreement, Consultant hereby represents that it has the experience necessary to undertake the services to be provided. In light of such status and experience, Consultant hereby covenants that it shall follow the customary professional standards in performing the Services. 1.5 Familiarity with Services. By executing this Agreement, Consultant represents that, to the extent required by the standard of practice, Consultant (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. Consultant represents that Consultant, 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 Consultant discover any latent or unknown conditions, which will materially affect the performance of services, Consultant shall immediately inform City and RCFPD of such fact and shall not proceed except at Consultant's risk until written instructions are received from the City and RCFPD Representative. 2. Term of Agreement. The term of this Agreement shall be two (2) 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. Parties to this Agreement shall have the option to renew in one year(s) increments to a total of three 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 and RCFPD. 3. Compensation. 3.1 Compensation. City and RCFPD shall compensate Consultant as set forth in Exhibit A, provided, however, that full, total and complete amount payable to Consultant shall not exceed $346,200 (Three Hundred Forty Six Thousand Two Hundred Dollars and Zero Cents), including all out of pocket expenses, unless additional Vendor Initials PSA with professional liability insurance(Design) Page 2 Last Revised:10102113 Page 238 compensation is approved by the City Manager or City Council. City and RCFPD shall not withhold any federal, state or other taxes, or other deductions. However, City and RCFPD 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 Consultant 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 and RCFPD 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 and RCFPD 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 and RCFPD shall review such invoices and notify Consultant in writing within ten (10)business days of any disputed amounts. 4.3 City and RCFPD 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 and RCFPD. 5. Representatives. 5.1 City and RCFPD Representative. For the purposes of this Agreement, the contract administrator and City and RCFPD's representative shall be Gianfranco Laurie, Senior Civil Engineer, or such other person as designated in writing by the City and RCFPD ("City and RCFPD Representative"). It shall be Consultant's responsibility to assure that the City and RCFPD 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 and RCFPD to the City and RCFPD Representative. Unless otherwise specified herein, any approval of City and RCFPD required hereunder shall mean the approval of the City and RCFPD Representative. 5.2 Consultant Representative. For the purposes of this Agreement, Richard Henrikson, President 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 and RCFPD to enter Vendor Initials PSA with professional liability insurance(Design) Page 3 Last Revised:10102113 Page 239 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 and RCFPD. 6. Consultant's Personnel. 6.1 All Services shall be performed by Consultant or under Consultant'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 Consultant 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 Consultant 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, Consultant 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 Consultant shall indemnify, defend and hold harmless City and RCFPD and its elected officials, officers and employees, servants, designated volunteers, and agents serving as independent contractors in the role of City and RCFPD officials, from any and all liability, damages, claims, costs and expenses of any nature to the extent arising from Consultant's violations of personnel practices and/or any violation of the California Labor Code. City and RCFPD shall have the right to offset against the amount of any fees due to Consultant under this Agreement any amount due to City and RCFPD from Consultant as a result of Consultant's failure to promptly pay to City and RCFPD 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 Consultant 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 and RCFPD. Upon payment being made, and provided Consultant is not in breach of this Agreement, all Work Product shall be and remain the property of City and RCFPD without restriction or limitation upon its use or dissemination by City and RCFPD. Basic survey notes, sketches, charts, computations and similar data prepared or obtained by Consultant under this Agreement shall, upon request, be made available to City and RCFPD. None of the Work Product shall be the subject of any Vendor Initials PSA with professional liability insurance(Design) Page 4 Last Revised:10102113 Page 240 common law or statutory copyright or copyright application by Consultant. In the event of the return of any of the Work Product to Consultant or its representative, Consultant shall be responsible for its safe return to City and RCFPD. Under no circumstances shall Consultant fail to deliver any draft or final designs, plans, drawings, reports or specifications to City and RCFPD upon written demand by City and RCFPD for their delivery, notwithstanding any disputes between Consultant and City and RCFPD concerning payment, performance of the contract, or otherwise. This covenant shall survive the termination of this Agreement. City and RCFPD's reuse of the Work Product for any purpose other than the Project, shall be at City and RCFPD's sole risk. 7.2. Assignment of Intellectual Property Interests: Upon execution of this Agreement and to the extent not otherwise conveyed to City and RCFPD by Section 7.1, above, the Consultant shall be deemed to grant and assign to City and RCFPD, and shall require all of its subcontractors to assign to City and RCFPD, 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 Consultant shall disclaim and retain no rights whatsoever as to any of the Work Product, to the maximum extent permitted by law. City and RCFPD 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. Consultant 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 and RCFPD has full legal title to and the right to reproduce any of the Work Product. Consultant shall defend, indemnify and hold City and RCFPD, and its elected officials, officers, employees, servants, attorneys, designated volunteers, and agents serving as independent contractors in the role of City and RCFPD officials, harmless from any loss, claim or liability in any way related to a claim that City and RCFPD'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. Consultant 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 and RCFPD's use of any of the Work Product is held to constitute an infringement and any use thereof is enjoined, Consultant, at its expense, shall: (a) secure for City and RCFPD the right to continue using the Work Product by suspension of any injunction or by procuring a license or licenses for City and RCFPD; 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. Consultant is, and shall at all times remain as to City and RCFPD, a wholly independent contractor. Consultant shall have no power to incur any debt, obligation, or liability on behalf of City and RCFPD or Vendor Initials PSA with professional liability insurance(Design) Page 5 Last Revised:10102113 Page 241 otherwise act as an agent of City and RCFPD. Neither City and RCFPD nor any of its agents shall have control over the conduct of Consultant or any of Consultant's employees, except as set forth in this Agreement. Consultant shall not, at any time, or in any manner, represent that it or any of its officers, agents or employees are in any manner employees of City and RCFPD. Consultant shall pay all required taxes on amounts paid to Consultant under this Agreement, and to defend, indemnify and hold City and RCFPD harmless from any and all taxes, assessments, penalties, and interest asserted against City and RCFPD by reason of the independent contractor relationship created by this Agreement. Consultant shall fully comply with the workers' compensation law regarding Consultant and Consultant's employees. 9. Confidentiality. Consultant may have access to financial, accounting, statistical, and personnel data of individuals and City and RCFPD employees. Consultant covenants that all data, documents, discussion, or other information developed or received by Consultant or provided for performance of this Agreement are confidential and shall not be disclosed by Consultant without prior written authorization by City and RCFPD. City and RCFPD shall grant such authorization if applicable law requires disclosure. All City and RCFPD data shall be returned to City and RCFPD upon the termination of this Agreement. Consultant'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 Consultant 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 Consultant to defend itself from any legal action or claim. 10. Conflict of Interest. 10.1 Consultant 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. Consultant further covenants that, in performance of this Agreement, no person having any such interest shall be employed by it. Furthermore, Consultant shall avoid the appearance of having any interest, which would conflict in any manner with the performance of the Services. Consultant shall not accept any employment or representation during the term of this Agreement which is or may likely make Consultant "financially interested" (as provided in California Government Code §§1090 and 87100) in any decision made by City and RCFPD on any matter in connection with which Consultant has been retained. 10.2 Consultant further represents that it has not employed or retained any person or entity, other than a bona fide employee working exclusively for Consultant, to solicit or obtain this Agreement. Consultant has not paid or agreed to pay any person or entity, other than a bona fide employee working exclusively for Consultant, 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 and RCFPD 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 Consultant hereunder the full amount or value of any such fee, commission,percentage or gift. Vendor Initials PSA with professional liability insurance(Design) Page 6 Last Revised:10102113 Page 242 10.3 Consultant has no knowledge that any officer or employee of City and RCFPD has any interest, whether contractual, noncontractual, financial, proprietary, or otherwise, in this transaction or in the business of Consultant, and that if any such interest comes to the knowledge of Consultant at any time during the term of this Agreement, Consultant shall immediately make a complete, written disclosure of such interest to City and RCFPD, 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 Design Professional Services. In the connection with its design professional services, the Consultant shall indemnify and hold the City and RCFPD, and its elected officials, officers, employees, servants, volunteers, and agents serving as independent contractors in the role of City and RCFPD 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 liability for death or injury to any person and injury to any property, to which arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Consultant or any of its officers, employees, subcontractors, consultants, or agents in the performance of its design professional services under this Agreement. 11.2 Other Indemnities. In connection with all Claims not covered by Section 11.1, and to the maximum extent permitted by law, the Consultant shall hold defend, indemnify, and hold the Indemnitees free and harmless with respect to any and all 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 Consultant or any of its officers, employees, subcontractors, subconsultants, or agents in the performance of this Agreement. Consultant shall defend Indemnitees in any action or actions filed in connection with any such Claims with counsel of City and RCFPD'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. 11.3 Nonwaiver of Rights. Indemnitees do not, and shall not, waive any rights that they may possess against Consultant because of the acceptance by City and RCFPD, or the deposit with City and RCFPD, of any insurance policy or certificate required pursuant to this Agreement. 11.4 Waiver of Right of Subrogation. Except as otherwise expressly provided in this Agreement, Consultant, 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 Consultant. Vendor Initials PSA with professional liability insurance(Design) Page 7 Last Revised:10102113 Page 243 11.5 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 Consultant shall be conclusive in favor of the Indemnitee's right to recover under this indemnity provision. 12. Insurance. 12.1 Liability Insurance. Consultant 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 Consultant, and/or its agents, representatives, employees and subcontractors. 12.2 Minimum Scope of Insurance. Unless otherwise approved by City and RCFPD, 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. (4) Professional Liability insurance in a form approved by the City and RCFPD, having, at City and RCFPD's option, an extended reporting period of not less than three (3) years; or professional liability insurance shall be maintained for a period of three (3) years after completion of the Services which shall, during the entire three (3) year period, provide protection against claims of professional negligence arising out of Consultant's performance of the Services and otherwise complying with all applicable provisions of this Section 12. The policy shall be endorsed to include contractual liability to the extent insurable. 12.3 Minimum Limits of Insurance. Consultant 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 with a general aggregate limit shall apply separately to this Agreement or the general limit shall be twice the required occurrence limit. Vendor Initials PSA with professional liability insurance(Design) Page 8 Last Revised:10102113 Page 244 (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) Professional Liability: $1,000,000 per claim/aggregate. (5) 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 requirements 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 and RCFPD. 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 RCFPD and shall not reduce the limits of coverage. City and RCFPD 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, RCFPD, its officers, officials, employees, designated volunteers and agents serving as independent contractors in the role of City, RCFPD and officials as additional insureds as respects: liability arising out of activities performed by or on behalf of Consultant; products and completed operations of Consultant; premises owned, occupied or used by Consultant; and/or automobiles owned, leased, hired or borrowed by Consultant. The coverage shall contain no limitations on the scope of protection afforded to City, RCFPD its officers, officials, employees, designated volunteers or agents serving as independent contractors in the role of City and RCFPD officials which are not also limitations aplicable to the named insured. (2) For any claims related to this Agreement, Consultant's insurance coverage shall be primary insurance as respects City, RCFPD, its officers, officials, employees, designated Vendor Initials PSA with professional liability insurance(Design) Page 9 Last Revised:10102113 Page 245 volunteers and agents serving as independent contractors in the role of City, RCFPD or officials. Any insurance or self-insurance maintained by City, RCFPD, its officers, officials, employees, designated volunteers or agents serving as independent contractors in the role of City, RCFPD, officials shall be excess of Consultant's insurance and shall not contribute with it. (3) Consultant'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 and RCFPD 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, RCFPD and its elected officials, officers, employees, servants, attorneys, designated volunteers, and agents serving as independent contractors in the role of City and RCFPD officials. (6) Each policy shall be issued by an insurance company approved in writing by City and RCFPD, which is admitted and licensed to do business in 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. Vendor Initials PSA with professional liability insurance(Design) Page 10 Last Revised:10102113 Page 246 (9) Contractor shall provide any and all other required insurance, endorsements, or exclusions as required by the City and RCFPD in any request for proposals applicable to this Agreement. 12.6 Evidence of coverage.Prior to commencing performance under this Agreement, the Consultant shall furnish the City and RCFPD 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 and RCFPD before Consultant commences performance. If performance of this Agreement shall extend beyond one year, Consultant shall provide City and RCFPD 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 and RCFPD in the same manner and to the same extent as Contractor is bound to City and RCFPD 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 and RCFPD relating to Consultant's performance or services rendered under this Agreement, Consultant shall render any reasonable assistance and cooperation that City and RCFPD might require. City and RCFPD shall compensate Consultant for any litigation support services in an amount to be agreed upon by the parties. 14. Termination. City and RCFPD 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 Consultant. In the event City and RCFPD exercises its right to terminate this Agreement, City and RCFPD shall pay Consultant for any services satisfactorily rendered prior to the effective date of the termination, provided Consultant is not then in breach of this Agreement. Consultant shall have no other claim against City and RCFPD by reason of such termination, including any claim for compensation. City and RCFPD 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 parry. Consultant may terminate this Agreement for cause upon giving the City and RCFPD ten (10) business days prior written notice for any of the following: (1) uncured breach by the City and RCFPD of any material term of this Agreement, including but not limited to Payment Terms; (2) material changes in the conditions under which this Vendor Initials PSA with professional liability insurance(Design) Page 11 Last Revised:10102113 Page 247 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 Consultant's and City and RCFPD'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 and RCFPD: Rancho Cucamonga Engineering Dept. Attn: Gianfranco Laurie, Sr. Civil Engineer 10500 Civic Center Drive Rancho Cucamonga, CA 91729 If to Consultant: Owen Group, Limited Partnership Richard Henrikson, President 220 Technology Drive, Suite 100 Irvine, CA 92618 16. Non-Discrimination and Equal Employment Opportunity. In the performance of this Agreement, Consultant 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. Consultant 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. Consultant shall not assign or transfer any interest in this Agreement or subcontract the performance of any of Consultant's obligations hereunder without City and RCFPD's prior written consent. Except as provided herein, any attempt by Consultant 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. Consultant shall comply with all applicable federal, state and local laws, ordinances, codes and regulations in force at the time Consultant performs the Services. CONSULTANT 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 the performance of other requirements on "public works" and "maintenance" projects. If the Services are being performed as part Vendor Initials PSA with professional liability insurance(Design) Page 12 Last Revised:10102113 Page 248 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, CONSULTANT 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/DPreWa�zeDetermination.htin CONSULTANT 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 Consultant's principal place of business and at the Project site. CONSULTANT shall defend, indemnify and hold the City and RCFPD, 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 parry 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 and RCFPD of any payment to Consultant constitute or be construed as a waiver by City and RCFPD of any breach of covenant, or any default which may then exist on the part of Consultant, and the making of any such payment by City and RCFPD shall in no way impair or prejudice any right or remedy available to City and RCFPD with regard to such breach or default. 20. Attorney's Fees. In the event that either parry to this Agreement shall commence any legal action or proceeding to enforce or interpret the provisions of this Agreement, the prevailing parry 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 parry who causes the uncertainty to exist or against the parry 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 Consultant and City and RCFPD. This Agreement supersedes all prior oral or written negotiations, representations or agreements. This Vendor Initials PSA with professional liability insurance(Design) Page 13 Last Revised:10102113 Page 249 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. Consultant Name: Owen Group, Limited Ptr. City of Rancho Cucamonga By: By: Name Date Name Date Title Title Rancho Cucamonga Fire Protection District By: By: Name Date Name Date Title Title (two signatures required if corporation) Vendor Initials PSA with professional liability insurance(Design) Page 14 Last Revised:10102113 Page 250 EXHIBIT A SCOPE OF SERVICES REQUEST FOR PROPOSAL, EXHIBIT "A-I" CONSULTANT PROPOSAL, EXHIBIT "A-2" Vendor Initials PSA with professional liability insurance(Design) Page 15 Last Revised:10102113 Page 251 EXHIBIT B SCHEDULE OF PERFORMANCE CONSULTANT DESIGN SCHEDULE Vendor Initials PSA with professional liability insurance(Design) Page 16 Last Revised:10102113 Page 252 Attachment A — Sample Waiver of Subrogation (Sample Only —Not all forms will look identical to this Sample) Ark S WORKERS COMPENSATION TRAVELER AND EMPLOYERS LIABILITY POLICY ENDORSEMENT WC 00 03 13 (00)-01 POLICY NUMBER. 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 organization 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.) This agreement shall not operate directly or indirectly to benefit any one not named in the Schedule. SCHEDULE DESIGNATED PERSON: The City of Rancho Cucamonga, its officers, officials, employees, designated volunteers and agents serving as independent contractors in the role of City or offiri2k DESIGNATED ORGANIZATION: Vendor Initials PSA with professional liability insurance(Design) Page 17 Last Revised:10102113 Page 253 Attachment B — Sample Additional Insured for On-going Projects 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 Organization(s): Location(s)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 11 — Who Is An Insured is amended to B. With respect to the insurance afforded to these include as an additional insured the person(s) or additional insureds, the following additional exclu- organization(s) shown in the Schedule, but only sions apply: with respect to liability for"bodily injury", "property This insurance does not apply to "bodily injury" or damage" or "personal and advertising injury" .'property damage"occurring after: caused, in whole or in part,by: 1. All work, including materials, parts or equirp- 1. Your acts or omissions;or ment furnished in connection with such work, 2. The acts or omissions of those acting on your on the project(other than service, maintenance behalf; or repairs) to be per-formed by or on behalf of in the performance of your ongoing operations for the additional insured(s) at the location of the the additional insured(s) at the location(s) desig- covered operations has been completed;or nated above. 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. CG 20 10 07 04 C)ISO Properties, Inc-,2004 Page 1 of 1 ❑ Vendor Initials PSA with professional liability insurance(Design) Page 18 Last Revised:10102113 Page 254 REQUEST FOR PROPOSAL EXHIBIT "A-I" Page 255 V RANCHO CUCAMONGA REQUEST FOR PROPOSAL ("RFP") #20/21-005 FOR AMERICANS WITH DISABLITIES ACT (ADA) SELF-EVALUATION AND TRANSITION PLAN City and RCFPD of Rancho Cucamonga Procurement Division 10500 Civic Center Drive Rancho Cucamonga, California 91730 Page 256 al The City and RCFPD of Rancho Cucamonga Request for Proposal ("RFP")#20/21-005 for Americans with Disabilities Act(ADA) Self-Evaluation and Transition Plan Table of Contents 1. OVERVIEW .......................................................................................................................................7 1.1. GENERAL BACKGROUND...............................................................................................................7 1.2. PROPOSAL DELIVERY AND SCHEDULE OF EVENTS................................................................................7 1.3. DISCREPANCIES OR OMISSIONS......................................................................................................8 1.4. CONTINGENCIES .........................................................................................................................8 1.5. QUESTIONS AND CLARIFICATIONS...................................................................................................8 1.6. DISPOSITION OF MATERIAL AND CONFIDENTIAL OR PROPRIETARY INFORMATION......................................9 1.7. BRAND NAMES ..........................................................................................................................9 1.8. KNOWLEDGE OF REQUIREMENTS....................................................................................................9 1.9. RESERVATION OF RIGHTS..............................................................................................................9 1.10. CALIFORNIA'S PUBLIC RECORDS ACT............................................................................................. 10 2. MINIMUM REQUIREMENTS ........................................................................................................... 11 2.1. BUSINESS LICENSE..................................................................................................................... 11 2.2. PREVAILING WAGES.................................................................................................................. 11 2.3. REPRESENTATIVES..................................................................................................................... 11 2.4. EMPLOYEE CONDUCT................................................................................................................. 12 3. RFP RESPONSE FORMAT AND SUBMISSION REQUIREMENTS......................................................... 13 3.1. COVER LETTER/INTRODUCTION .................................................................................................. 13 3.2. TABLE OF CONTENTS................................................................................................................. 13 3.3. EXECUTIVE SUMMARY ............................................................................................................... 14 3.4. EXPERIENCE............................................................................................................................. 14 3.5. THIRD-PARTY SUBCONTRACTORS............................................................................................... 14 3.6. STAFF BIOGRAPHIES.................................................................................................................. 14 3.7. PROPOSAL RESPONSE................................................................................................................ 15 3.8. EXHIBITS A THROUGH H............................................................................................................. 15 3.9. NON-DISCLOSURE CONFLICT OF INTEREST...................................................................................... 15 Page 2 of 44 Page 257 The City and RCFPD of Rancho Cucamonga Request for Proposal ("RFP")#20/21-005 for Americans with Disabilities Act(ADA) Self-Evaluation and Transition Plan 3.10. PROFESSIONAL SERVICE AGREEMENT............................................................................................ 15 3.11. ACKNOWLEDGEMENT OF INSURANCE............................................................................................. 16 3.12. ADDENDUM ACKNOWLEDGEMENT................................................................................................ 16 3.13. DEBARMENT AND SUSPENSION.................................................................................................... 16 3.14. PARTICIPATION CLAUSE.............................................................................................................. 16 3.15. COMPANY REFERENCES.............................................................................................................. 17 3.16. SIGNATURE OF AUTHORITY......................................................................................................... 17 3.17. LINE ITEM PRICING.................................................................................................................... 17 4. SCOPE OF WORK ............................................................................................................................ 17 4.1. PURPOSE ................................................................................................................................ 17 4.2. BACKGROUND.......................................................................................................................... 18 4.3. TASKS .................................................................................................................................... 19 4.3.1. TASK 1-PROJECT MANAGEMENT................................................................................................19 4.3.1.1. KICKOFF MEETING.................................................................................................................20 4.3.1.2. MANAGEMENT AND COORDINATION.........................................................................................20 4.3.1.3. MONTHLY PDT MEETINGS.....................................................................................................20 4.3.1.4. PROGRESS SCHEDULE.............................................................................................................20 4.3.1.5. INVOICING...........................................................................................................................20 4.3.1.6. QA/QC..............................................................................................................................20 4.3.1.7. DELIVERABLES......................................................................................................................21 4.3.2. TASK 2-PUBLIC OUTREACH AND MEETINGS...................................................................................21 4.3.2.1. ADMINISTRATION .................................................................................................................21 4.3.2.2. PUBLIC OUTREACH NO. 1.......................................................................................................21 4.3.2.3. PUBLIC OUTREACH No.2.......................................................................................................21 4.3.2.4. CITY AND RCFPD COUNCIL No. 1............................................................................................22 4.3.2.5. DELIVERABLES PER MEETING) ................................................................................................22 4.3.3. TASK 3-SELF-EVALUATION AND PROGRAMMATIC REVIEW................................................................22 Page 3 of 44 Page 258 The City and RCFPD of Rancho Cucamonga Request for Proposal ("RFP")#20/21-005 for Americans with Disabilities Act(ADA) Self-Evaluation and Transition Plan 4.3.3.1. AVAILABLE DOCUMENT REVIEW...............................................................................................22 4.3.3.2. SELECTING KEY PERSONNEL.....................................................................................................22 4.3.3.3. STAFF SURVEYS ....................................................................................................................23 4.3.3.4. DELIVERABLES......................................................................................................................23 4.3.4. TASK 4-PHYSICAL BARRIER SURVEYS AND REPORTS........................................................................23 4.3.4.1. INVENTORY REVIEW ..............................................................................................................23 4.3.4.2. FACILITY DIAGRAMS..............................................................................................................23 4.3.4.3. PHYSICAL SURVEYS ...................................................................................................................24 4.3.4.3.1.CITY AND RCFPD FACILITIES ...................................................................................................24 4.3.4.3.2. FIRE STATIONS SEPARATE ENTITY) .....................................................................................24 4.3.4.3.3.CITY AND RCFPD PARKS ........................................................................................................25 4.3.4.3.4. CITY AND RCFPD RIGHT-OF-WAY ......................................................................................25 4.3.4.3.4.1. SIDEWALKS...................................................................................................................25 4.3.4.3.4.2. CURB RAMPS................................................................................................................26 4.3.4.3.4.3.TRAFFIC SIGNALS.................................................................................................................27 4.3.4.3.4.4. PEDESTRIAN BRIDGES...........................................................................................................27 4.3.4.3.4.5. BICYCLE FACILITIES...............................................................................................................27 4.3.4.3.4.6. MULTI-USE TRAILS ..............................................................................................................28 4.3.4.3.4.7.CAN-STREET PARKING............................................................................................................28 4.3.4.4. PHYSICAL SURVEY REPORTS ...................................................................................................29 4.3.4.5. DELIVERABLES......................................................................................................................29 4.3.5. TASKS:SELF-EVALUATION AND TRANSITION PLAN REPORTS .............................................................29 4.3.5.1.SELF-EVALUATION PREPARATION..................................................................................................29 4.3.5.2.TRANSITION PLAN PREPARATION..................................................................................................29 4.3.5.3. DRAFT ADA SELF-EVALUATION AND TRANSITION PLAN REPORT.....................................................30 4.3.5.4. FINAL ADA SELF-EVALUATION AND TRANSITION PLAN REPORT......................................................30 4.3.5.5. DELIVERABLES......................................................................................................................30 Page 4 of 44 Page 259 The City and RCFPD of Rancho Cucamonga Request for Proposal ("RFP")#20/21-005 for Americans with Disabilities Act(ADA) Self-Evaluation and Transition Plan 4.3.6. INVENTORY DATABASE AND MAPPING ..........................................................................................31 4.3.6.1. DATABASE...........................................................................................................................31 4.3.6.2. ARCGIS..............................................................................................................................31 4.3.6.3. DELIVERABLES......................................................................................................................31 4.3.7. TRAINING................................................................................................................................31 4.3.7.1.TRAINING.................................................................................................................................32 4.3.7.2. DELIVERABLES...........................................................................................................................32 4.3.8. ON-CALL ADA SUPPORT(OPTIONAL)...........................................................................................32 4.3.8.1.ON-CALL ADA SUPPORT.............................................................................................................32 4.4. ATTACHMENTS ....................................................................................................................32 S. EVALUATION AND CONSULTANT SELECTION PROCESS..................................................................33 5.1. INITIAL SCREENING....................................................................................................................33 5.2. EVALUATION ACTIVITIES.............................................................................................................33 5.3. COST EVALUATION....................................................................................................................33 5.4. REFERENCE CHECKS...................................................................................................................33 S.S. DEMONSTRATIONS/INTERVIEWS .................................................................................................34 5.6. FINANCIAL DOCUMENTATION......................................................................................................34 5.7. BEST AND FINAL OFFER..............................................................................................................34 5.8. CONSULTANT SELECTION............................................................................................................35 5.9. LETTER OF INTENT TO AWARD .....................................................................................................35 "EXHIBIT A, CITY AND RCFPD AND RCFPD OF RANCHO CUCAMONGA CONFLICT OF INTEREST/NON- DISCLOSURE STATEMENT"...................................................................................................................36 "EXHIBIT B, PROFESSIONAL SERVICES AGREEMENT EXCEPTIONS SUMMARY".....................................37 "EXHIBIT C,ACKNOWLEDGMENT OF INSURANCE REQUIREMENTS AND CERTIFICATION OF ABILITY TO PROVIDE AND MAINTAIN COVERAGES SPECIFIED" .............................................................................38 "EXHIBIT D,ADDENDUM ACKNOWLEDGEMENT" .................................................................................39 "EXHIBIT E, DEBARMENT and SUSPENSION CERTIFICATION FORM".....................................................40 "EXHIBIT F, PARTICIPATION CLAUSE"....................................................................................................41 Page 5 of 44 Page 260 The City and RCFPD of Rancho Cucamonga Request for Proposal ("RFP")#20/21-005 for Americans with Disabilities Act(ADA) Self-Evaluation and Transition Plan "EXHIBIT G" REFERENCES WORKSHEET.................................................................................................42 „EXHIBIT H, SIGNATURE OF AUTHORITY" .............................................................................................44 Page 6 of 44 Page 261 The City and RCFPD of Rancho Cucamonga Request for Proposal ("RFP")#20/21-005 for Americans with Disabilities Act(ADA) Self-Evaluation and Transition Plan 1. OVERVIEW 1.1. GENERAL BACKGROUND The City and RCFPD of Rancho Cucamonga (hereinafter "City and RCFPD") and the Rancho Cucamonga Fire Protection District (hereinafter "RCFPD") is inviting qualified Consultants (hereinafter"Consultant") to submit a proposal response for Request for Proposals ("RFP") #20/21-005 for Americans with Disabilities Act (ADA) Self- Evaluation and Transition Plan in accordance with the minimum Scope of Services and Specifications indicated herein. Consultants wishing to participate in the RFP solicitation must be registered as a Consultant on Planet Bids through the City and RCFPD website at https://www.City and RCFPDofrc.us/your-government/procurement. Only those responses received from registered Consultants will be accepted. Responses must be submitted by the named Consultant 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 Consultants. Submitting a response under a Consultant 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 and RCFPD and RCFPD shall not be responsible for any delays by transmission errors. Schedule of Events Event Description Date&Time Post RFP July 13,2020 Questions Due August 6,2020 by 9:00 am Addendum Issued August 13,2020 RFP Response Due Date August 24,2020 by 9:00 am (The City and RCFPD and RCFPD reserves the right to change schedule of events without prior notice or responsibility to Consultant.) Page 7 of 44 Page 262 The City and RCFPD of Rancho Cucamonga Request for Proposal ("RFP")#20/21-005 for Americans with Disabilities Act(ADA) Self-Evaluation and Transition Plan 1.3. DISCREPANCIES OR OMISSIONS Consultants 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. The City and RCFPD and RCFPD bears no responsibility for oral instructions or representations. Addenda 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. However, RFP responses should be as detailed and complete as possible to facilitate the formation of a contract based on the RFP response(s) that are pursued should the City and RCFPD and RCFPD decide to do so. Completion of this RFP form and its associated appendices are a requirement. Failure to do so may disqualify your RFP response submittal. Consultants must submit signed RFP responses by the due date and time as specified herein. Consultants will be considered non-responsive if the above requirements are not submitted as requested. 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 a purchase order for the requested work(the "Effective Date"), and shall remain in full force and effect until sixty(60) days after the City and RCFPD and RCFPD 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 and RCFPD and RCFPD'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 and RCFPD and RCFPD's bid system in accordance with the above "Schedule of Events". From the issuance date of this RFP until a Consultant is awarded, Consultants are not permitted to communicate with any City and RCFPD and RCFPD 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 and RCFPD of Rancho Cucamonga. Page 8 of 44 Page 263 The City and RCFPD of Rancho Cucamonga Request for Proposal ("RFP")#20/21-005 for Americans with Disabilities Act(ADA) Self-Evaluation and Transition Plan 1.6. DISPOSITION OF MATERIAL AND CONFIDENTIAL OR PROPRIETARY INFORMATION All materials submitted in response to this RFP solicitation will become the property of the City and RCFPD and RCFPD and will be returned only at the City and RCFPD and RCFPD's option and at the expense of the Consultant 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 Consultant considers as confidential but does not meet the disclosure exemption requirements of the California Public Records Act may be made available to the public regardless of a notation or markings of confidentiality or otherwise. 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 Consultant specifies otherwise, it is understood that the Consultant is offering a referenced brand item as specified in the solicitation. The City and RCFPD and 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 and RCFPD and RCFPD may require the supply of additional descriptive material and a sample. 1.8. KNOWLEDGE OF REQUIREMENTS The Consultant 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 Consultant's sole risk. Consultants shall be responsible for knowledge of all items and conditions contained in their RFP responses and in this RFP, including any City and RCFPD and RCFPD issued clarifications, modifications, amendments, or addenda. The City and RCFPD and RCFPD will provide notice of any changes and clarifications to perspective Consultants by way of addenda to Planet Bids; however, it is the Consultant'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 and RCFPD and RCFPD that any contract will be entered by the City and RCFPD and RCFPD.The City and RCFPD and RCFPD expressly reserves the right at any time to: • Waive or correct any defect or informality in any response, RFP, or RFP procedure. Page 9 of 44 Page 264 The City and RCFPD of Rancho Cucamonga Request for Proposal ("RFP")#20/21-005 for Americans with Disabilities Act(ADA) Self-Evaluation and Transition Plan • Reject any or all RFPs. • Reissue a Request for RFPs. • Prior to 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 and RCFPD and RCFPD recognizes that price is only one of several criteria to be used in judging a product or service, and the City and RCFPD and RCFPD is not legally bound to accept the lowest RFP response. • The City and RCFPD and RCFPD reserves the right to conduct pre-award discussions and/or pre-Contract negotiations with any or all responsive and responsible Consultants 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 and RCFPD and RCFPD reserves the right to inspect the Consultant's place of business prior to award or at any time during the contract term or any extension thereof, to determine the Consultant's capabilities and qualifications. 1.10. CALIFORNIA'S PUBLIC RECORDS ACT The City and RCFPD and RCFPD complies with the California Public Records Act, Government Code Section 6250 et seq, 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 and RCFPD and RCFPD 's receipt, review, evaluation or any other act or omission concerning any such information shall not create an acceptance by the City and RCFPD and RCFPD 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 and RCFPD and RCFPD shall make a final determination if any exemption exists for the City and RCFPD and RCFPD to deny the request and prevent disclosure. The City and RCFPD and RCFPD will withhold such information from public disclosure under Page 10 of 44 Page 265 The City and RCFPD of Rancho Cucamonga Request for Proposal ("RFP")#20/21-005 for Americans with Disabilities Act(ADA) Self-Evaluation and Transition Plan the Public Records Act only if the City and RCFPD and RCFPD determines, in its sole discretion, that there is a legal basis to do so. 2. MINIMUM REQUIREMENTS 2.1. BUSINESS LICENSE A selected Consultant 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. A selected Consultant 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 a 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 and/or the federal Davis-Bacon Act, a selected Consultant(s) shall pay no less than those minimum wages unless an exemption applies. In certain cases an exemption from the prevailing wage requirement may apply to the scope of work. (See Cal. Labor Code § 1720(c)(1), (5); 42 USC § 5310(a). However, the City and RCFPD and RCFPD makes no representations in this RFP that such an exemption will apply or that prevailing wages will not be required for a scope of work covered by this RFP. 2.3. REPRESENTATIVES Should a selected Consultant require the services of a third-party to complete the Scope of Services indicated in this RFP,the awarded Consultant 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 Consultant to so assign, transfer, or subcontract any rights, duties, or obligations arising hereunder shall be null, void and of no effect. The awarded Consultant shall be solely responsible for the satisfactory work performance of all personnel engaged in performing the Services including Consultants subcontractor. All Services shall be performed by the awarded Consultant or under the awarded Consultant'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 Consultant 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, Consultant certifies that it is Page 11 of 44 Page 266 The City and RCFPD of Rancho Cucamonga Request for Proposal ("RFP")#20/21-005 for Americans with Disabilities Act(ADA) Self-Evaluation and Transition Plan 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 Consultant, the City and RCFPD and RCFPD 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 Consultant, or may bill for excess costs so paid, and the prices paid by the City and RCFPD and RCFPD 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 Consultants for delivery, which do not meet specifications, will be for the account of the Consultant. City and RCFPD and RCFPD Representative: For the purposes of this Agreement, the contract administrator and City and RCFPD and RCFPD's representative shall be Gianfranco Laurie, Senior Civil Engineer, or such other person as designated in writing by City and RCFPD and RCFPD ("City and RCFPD and RCFPD's Representative"). It shall be the Consultant's responsibility to assure that City and RCFPD and RCFPD 's Representative is kept informed of the progress of the performance of the services, and the Consultant shall refer any decisions that must be made by City and RCFPD and RCFPD to City and RCFPD and RCFPD Representative. Unless otherwise specified herein, any approval of City and RCFPD and RCFPD required hereunder shall mean the approval of the City and RCFPD and RCFPD Representative. Consultant Representative: The response to this RFP shall designate the representative of the 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 will be a substantial inducement for City and RCFPD and RCFPD to enter into an Agreement with the Consultant. Therefore,the Consultant's Representative shall be responsible during the term of any Agreement for directing all activities of Consultant and devoting enough time to personally supervise the services hereunder. The successful Consultant may not change the Consultant's Representative without the prior written approval of City and RCFPD and RCFPD's Representative. 2.4. EMPLOYEE CONDUCT All Consultant personnel must observe all City and RCFPD and RCFPD regulations in effect at the location where the Services are being conducted. While on City and RCFPD and RCFPD property, the Consultant's personnel shall be subject to oversight by City and RCFPD and RCFPD staff. Under no circumstances shall the Consultant's Page 12 of 44 Page 267 The City and RCFPD of Rancho Cucamonga Request for Proposal ("RFP")#20/21-005 for Americans with Disabilities Act(ADA) Self-Evaluation and Transition Plan or Consultant's sub-contractor personnel be deemed as employees of the City and RCFPD and RCFPD. Consultant or Consultant's subcontractor personnel shall not represent themselves to be employees of the City and RCFPD and RCFPD. Consultant's personnel will always make their best efforts to be responsive, polite, and cooperative when interacting with representatives of the City and RCFPD and RCFPD and City and RCFPD and RCFPD employees. The Consultant's personnel shall be required to work in a pleasant and professional manner with City and RCFPD and RCFPD employees, outside Consultants and the public. Nothing contained in this RFP shall be construed as granting the Consultant the sole right to supply personal or contractual services required by the City and RCFPD and RCFPD or without the proper City and RCFPD and RCFPD approval and the issuance of a Purchase Order. 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 Consultants 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 and RCFPD and RCFPD 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 information required by this RFP. 3.1. COVER LETTER/INTRODUCTION RFP responses must include the complete name and address of Consultant 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 Consultants 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 13 of 44 Page 268 The City and RCFPD of Rancho Cucamonga Request for Proposal ("RFP")#20/21-005 for Americans with Disabilities Act(ADA) Self-Evaluation and Transition Plan 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 Consultant's RFP response to provide the Evaluation Committee with a broad understanding of the Consultant's approach, proposal, experience and staffing. 3.4. EXPERIENCE The Consultant shall provide a concise statement demonstrating the Consultant'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, • 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 Consultant intends to subcontract, a detailed list of any sub-contractors, partners, or third-party Consultants who will be involved in the implementation of the proposed services including but not limited to: • Description of the Consultant'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 and RCFPD and RCFPD. Resumes shall be formatted in the following order: • Position with the Company, • Length of time with the Company, Page 14 of 44 Page 269 The City and RCFPD of Rancho Cucamonga Request for Proposal ("RFP")#20/21-005 for Americans with Disabilities Act(ADA) Self-Evaluation and Transition Plan • 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 Consultants shall provide a full, detailed response to the City and RCFPD and RCFPD 's Scope of Services listed herein. Consultants 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. 3.8. EXHIBITS A THROUGH H The following named Exhibits A through H are a requirement and must be complete and signed where required. Exhibits are not to be included in your proposal response. All referenced Exhibits must be submitted in Planet Bids system under the Response Types, Exhibits A — H. Failure to comply with this instruction will deem your RFP submittal as non-responsive. 3.9. NON-DISCLOSURE CONFLICT OF INTEREST Specify any possible conflicts of interest with your current clients or staff members and the City and RCFPD and RCFPD. A signed "Exhibit A, Conflict of Interest and Non-Disclosure Agreement" included herein must be submitted under the Planet Bid Response Types, Exhibits A—H. 3.10. PROFESSIONAL SERVICE AGREEMENT In addition to the acceptance of the City and RCFPD and RCFPD's Terms and Conditions,the successful Consultant will be required to enter into a Professional Services Agreement ("PSA") with the City and RCFPD and RCFPD , a "Sample" of which is attached in the City and RCFPD and RCFPD 's bid system for review. All requirements of said PSA must be completed by the successful Consultant 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, Consultant will be deemed to have agreed to each clause unless otherwise indicated in "Exhibit B, Professional Services Agreement Exceptions Summary"and the City and RCFPD and RCFPD 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 Page 15 of 44 Page 270 The City and RCFPD of Rancho Cucamonga Request for Proposal ("RFP")#20/21-005 for Americans with Disabilities Act(ADA) Self-Evaluation and Transition Plan contractual language in the PSA at any other time. The signed Exception Summary must be submitted in Planet Bids system under the Response Types tab "Exhibits A— H". 3.11. ACKNOWLEDGEMENT OF INSURANCE Consultants 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". The awarded Consultant 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 Consultant, will not be accepted. The signed Acknowledgement of Insurance must be submitted under the Planet Bid Response Types, Exhibits A— H. 3.12. ADDENDUM ACKNOWLEDGEMENT The Consultant shall hereby acknowledge they have received all posted Addendums, if any. It is the Consultant'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. Consultants must indicate their acknowledgement of any Addendums by way of signature on "Exhibit D, Addendum Acknowledgement" and must be submitted under the Planet Bid Response Types, Exhibits A— H. 3.13. DEBARMENT AND SUSPENSION Bidding Consultants must verify by way of signature to "Exhibit E, Consultant 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 Consultant nor any of its proposed subcontractors are tax delinquent with the State of California. The signed exhibit must be submitted under the Planet Bid Response Types, Exhibits A— H. 3.14. PARTICIPATION CLAUSE Consultants shall provide a completed "Exhibit F, Participation Clause", must be submitted under the Planet Bid Response Types, Exhibits A — H. This will indicate a Consultants agreement to or not to allow other entities to utilize the RFP response and awarded contract as a piggyback option. Page 16 of 44 Page 271 The City and RCFPD of Rancho Cucamonga Request for Proposal ("RFP")#20/21-005 for Americans with Disabilities Act(ADA) Self-Evaluation and Transition Plan 3.15. 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 G, Reference Worksheet", must be complete and uploaded into the Planet Bid system under the "Response Type" section identified as "Exhibit G". 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, Exhibits A- H" in Planet Bids. 3.16. SIGNATURE OF AUTHORITY "Exhibit H", Signature of Authority must be submitted under the Planet Bid Response Types, Exhibits A — H. Unsigned RFP responses will not be accepted. The Signature of Authority declares that the Consultant has carefully examined the instruction indicated herein including all terms and condition and specifications, and hereby proposes and agrees, if the Consultants RFP response is accepted, Consultant 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 Consultants RFP response. 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. Consultants 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 and RCFPD and RCFPD will not 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 Consultants 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. PURPOSE The City and RCFPD of Rancho Cucamonga (City and RCFPD) and Rancho Cucamonga Fire Protection District (RCFPD) is seeking a qualified consultant firm (Consultant) to perform a comprehensive Americans with Disabilities Act (ADA) Self-Evaluation and Transition Plan (Project) in order to continue its ongoing efforts to comply with various accessibility requirements. It is expected that the Consultant integrate their own expertise Page 17 of 44 Page 272 The City and RCFPD of Rancho Cucamonga Request for Proposal ("RFP")#20/21-005 for Americans with Disabilities Act(ADA) Self-Evaluation and Transition Plan into the proposed Scope of Work outlined in this Request for Proposal and propose any additions, deletions, or modifications necessary to produce a high-quality Project. The Scope of Work will include Project Management, Public Outreach and Meetings, Self-Evaluation and Programmatic Review, Physical Barrier Surveys and Reports, Self-Evaluation and Transition Plan Reports, Inventory Database and Mapping, Training, and On-Call ADA Support (Optional). All major and minor tasks identified in the Scope of Work are required for the Project whether in its entirety or separated into priority phases.The Consultant will be required to submit a fixed fee and schedule that separates the Project into three (3) priority phases as shown below. The City and RCFPD and RCFPD's intent is to award Phase I with the consideration of awarding Phase II and/or Phase III contingent on the total fixed fee submitted by the Consultant and available funding. • Phase I: City and RCFPD Facilities and Fire Stations • Phase II: City and RCFPD Right-of-Way • Phase III: City and RCFPD Parks The Consultant shall be professional, experienced, and knowledgeable in Federal and State accessibility standards and codes. Additionally, the Consultant shall provide professional services in one (1) of the following areas: Architecture, Building Science, Facility or Construction Management, Engineering, Planning, Certified Access Specialist (CASp), or similar field. 4.2. BACKGROUND In 1997 and 1998, the City and RCFPD and RCFPD completed its initial ADA Self-Evaluation and Transition Plan to comply with the Americans with Disabilities Act of 1990. The City and RCFPD and RCFPD separated its ADA Self- Evaluation and Transition Plan into two (2) phases: Phase I: Park Facilities/Programs Self-Evaluation and Transition Plan Phase II: City and RCFPD and RCFPD Facilities/Programs Self-Evaluation and Transition Plan Each ADA Self-Evaluation and Transition Plan contained a detail compliance study analyzing existing parks, recreational facilities (including community buildings) and City and RCFPD and RCFPD-sponsored programs. It also contained site diagrams of 19 City and RCFPD Parks and 13 City and RCFPD Facilities (including recreation facilities) identifying the respective areas of noncompliance. Diagrammatic information involved locations, Page 18 of 44 Page 273 The City and RCFPD of Rancho Cucamonga Request for Proposal ("RFP")#20/21-005 for Americans with Disabilities Act(ADA) Self-Evaluation and Transition Plan barriers, actions, comments, projected/actual costs, schedules and funding sources. An electronic copy of the City and RCFPD's ADA Self-Evaluation and Transition Plan are included in the Attachments. Since its creation, changes have been made to meet current ADA Title II Regulations as well as ADA Standards for Accessible Design. Also, the City and RCFPD has acquired and disposed of facilities; performed capital improvement projects; modified organizational structures; implemented different programs, services, and activities in which public accessibility may differ from the initial ADA Self-Evaluation Transition Plan. For that reason, it is the City and RCFPD's desire to update its initial ADA Self-Evaluation and Transition Plan to ensure that buildings; infrastructure improvements; programs, services, and activities are accessible under current ADA requirements. While this Project is considered an update to the initial ADA Self-Evaluation and Transition Plan, the Project shall amend and replace the initial ADA Self-Evaluation and Transition Plan with completely new work thus simply not just updating the current plan. Today, the City and RCFPD contains the following existing facilities: • 14 City and RCFPD Buildings • 16,948,800 sq.ft. of Sidewalks • 8 Fire Stations • 19 miles of Multi-Use Trails • 1 Parking Structure • 81 miles of Bicycle Facilities • 30 Parks • 207 Signalized Intersections/ Pedestrian Crossings It shall be noted that the City and RCFPD retains the right to add or delete facilities listed during progress of the Project. For any facilities not listed, it is expected that such facilities will not be evaluated unless otherwise determined and agreed upon between the City and RCFPD and the Consultant. The Consultant shall advise the City and RCFPD whether any referenced facilities (and/or City and RCFPD owned or leased facilities) that are currently excluded need to be included into the Project. 4.3. TASKS The Consultant shall perform all scope of services listed below. 4.3.1. TASK 1-PROJECT MANAGEMENT Page 19 of 44 Page 274 The City and RCFPD of Rancho Cucamonga Request for Proposal ("RFP")#20/21-005 for Americans with Disabilities Act(ADA) Self-Evaluation and Transition Plan 4.3.1.1. KICKOFF MEETING The City and RCFPD will hold a project kickoff meeting (either in-person or virtually for social distancing) with the selected Consultant to discuss Project goals, objectives, scope and timeline.The Consultant shall prepare meeting minutes, action items, and deliverable log. 4.3.1.2. MANAGEMENT AND COORDINATION The Consultant shall be responsible managing its team (including subconsultants) to meet the Project schedule and budget. The Consultant shall coordinate with City and RCFPD staff, other consultants, government agencies, and affected parties as required throughout the entire Project. 4.3.1.3. MONTHLY PDT MEETINGS The Consultant shall conduct monthly Project Development Team (PDT) meetings(either in-person or virtually for social distancing)to monitor progress of the Project and to ensure Project remains within budget and schedule. If the City and RCFPD desires more frequent progress updates,then bi-weekly teleconference calls may be required. The Consultant shall prepare monthly meeting minutes and action items. 4.3.1.4. PROGRESS SCHEDULE The Consultant shall prepare, monitor, and update the progress schedule in Microsoft Projects format. The progress schedule shall be maintained and kept updated throughout the entire Project until the final report is accepted and closed out.The progress schedule shall be submitted at the kickoff meeting, monthly PDT meetings, and any special meetings in-between noting significant milestones and critical paths for the Project. It shall be the Consultants responsibility to notify the City and RCFPD of any delays in major or minor tasks.The Consultant shall provide a detailed explanation for any time extension requests. 4.3.1.5. INVOICING The Consultant shall submit monthly invoice payments for processing. The Consultant shall submit a progress report with each invoice summarizing partially or completed scope of work. Any administrative time spent on invoicing shall be consumed by the Consultant's overhead and not billed separately. 4.3.1.6. QA/QC The Consultant shall undergo Quality Assurance (QA) and Quality Control (QC) efforts prior to submitting any related work task deliverable to the City and RCFPD for review and approval. The Consultant shall provide an electronic copy of its internal QA program guidelines and provide a QC report at the end of each task. Page 275 Page 20 of 44 The City and RCFPD of Rancho Cucamonga Request for Proposal ("RFP")#20/21-005 for Americans with Disabilities Act(ADA) Self-Evaluation and Transition Plan 4.3.1.7. DELIVERABLES • Meeting Minutes in Microsoft Word Format • Action Items and Deliverable Log in Microsoft Excel Formats • Progress Schedules in Microsoft Project and PDF Formats (color, 11" x 17") • Monthly Progress Reports in PDF Format • CIA Program Guidelines and QC Reports in PDF Formats 4.3.2. TASK 2-PUBLIC OUTREACH AND MEETINGS 4.3.2.1. ADMINISTRATION The Consultant shall facilitate public workshops and meetings (either in-person or virtually for social distancing) to advise the public, government bodies and elected officials involving the requirements to make reasonable ADA modifications to policies, practices and procedures. This notification provides the opportunity for any interested persons, individuals with disabilities, or organizations representing persons with disabilities to participate in the Project. As such, the Consultant shall provide meeting announcements, meeting materials, attending and hosting the meetings, maintaining record of the meetings (i.e. minutes), providing follow up responses for items raised in the meetings. Meeting materials including Power Point presentations, poster boards,graphics, and handouts shall be furnished by the Consultant. Meeting announcements shall be provided to City and RCFPD staff at least 14 calendar days in advance of meeting date to distribute on the City and RCFPD's website and social media platforms. 4.3.2.2. PUBLIC OUTREACH NO. 1 The Consultant shall facilitate a public workshop (either in-person or virtually for social distancing) near the beginning of the project.The purpose of this meeting is to notify,advise,and educate the public about the process, components, and requirements of the Project.The public shall have the opportunity to ask questions and provide input toward future work to be completed.The Consultant will be responsible for leading the meeting and making the formal presentation. 4.3.2.3. PUBLIC OUTREACH No.2 The Consultant shall facilitate another public workshop (either in-person or virtually social distancing) after the completion of the Draft ADA Self-Evaluation and Transition Plan Report.The purpose of this meeting is to present findings and solicit public input prior to finalizing the report. The Consultant will be responsible for leading the meeting and making the formal presentation. Page 276 Page 21 of 44 The City and RCFPD of Rancho Cucamonga Request for Proposal ("RFP")#20/21-005 for Americans with Disabilities Act(ADA) Self-Evaluation and Transition Plan 4.3.2.4. CITY AND RCFPD COUNCIL No. 1 The Consultant shall present the Final ADA Self-Evaluation and Transition Plan Report to the City and RCFPD Council (either in-person or virtually for social distancing). The Consultant will be responsible for making the formal presentation including answering questions from the public, staff, and/or City and RCFPD Council members. 4.3.2.5. DELIVERABLES PER MEETING) • Meeting Announcements, • Meeting Materials, • Meeting Minutes, and other relevant documentation in any suitable file formats. 4.3.3. TASK 3-SELF-EVALUATION AND PROGRAMMATIC REVIEW 4.3.3.1. AVAILABLE DOCUMENT REVIEW The Consultant shall review available City and RCFPD documentation such as the municipal code, rules and regulations, policies, programs, and office procedures.The Consultant shall identify and assist the City and RCFPD in furnishing any of the above documents for review if it does not exist but required as part of the Self-Evaluation process. For programs which no program list is accessible, the Consultant will help furnish a list that includes a program description, number and types of people served, and location(s) where the program is held or holds public meetings. This includes programs within the City and RCFPD Council Chambers and methods used to make Council-related information accessible to the public must be encompassed. Also, the City and RCFPD's website program must be accessible to people with visual impairment and/or difficult of hearing. The Consultant shall retain a website expert to check against the City and RCFPD's newly created website. 4.3.3.2. SELECTING KEY PERSONNEL The Consultant shall conduct a meeting (either in-person or virtually for social distancing) between various City and RCFPD staff members to identify key personnel to represent each department throughout the Self-Evaluation process. The purpose of this meeting is to familiarize key personnel with staff surveys and how the information will be used to assist in the Project. Page 277 Page 22 of 44 The City and RCFPD of Rancho Cucamonga Request for Proposal ("RFP")#20/21-005 for Americans with Disabilities Act(ADA) Self-Evaluation and Transition Plan 4.3.3.3. STAFF SURVEYS The Consultant shall administer staff surveys to assess the level of program accessibility within each City and RCFPD department (i.e. determine whether reasonable modifications and methods of effective communication are utilized in the City and RCFPD's pre-employment process as well as during employment). The Consultant shall prepare the format and content of the surveys for the Self-Evaluation process.The Consultant shall submit a draft staff survey for review prior to preparing the final draft survey documentation. The Consultant shall be required to meet with each staff member (either in-person or virtually for social distancing) who have completed the surveys to discuss the responses. 4.3.3.4. DELIVERABLES • Draft Staff Surveys in Microsoft Word Format • Final Staff Surveys in Microsoft Word Format • Completed staff surveys in Microsoft Word Format 4.3.4. TASK 4-PHYSICAL BARRIER SURVEYS AND REPORTS 4.3.4.1. INVENTORY REVIEW The Consultant shall review available inventory lists, past accessible studies or reports, and planned capital improvement projects that may modify existing City and RCFPD Facilities; Fire Stations; City and RCFPD Parks; and City and RCFPD Right-of-Way (i.e. areas). The Consultant shall determine which areas provide public access and which areas do not provide public access prior to surveying. Also, the Consultant shall also determine whether the areas are planned to be modified under a capital project need to be included in the survey. An electronic copy of the City and RCFPD's inventory lists and/or maps are included in the Attachments. The Consultant shall coordinate with City and RCFPD staff and determine which areas are leased or used by other entities that need to be incorporated into the Project prior to surveying. The Consultant shall assist the City and RCFPD in reviewing available documentation such as existing agreements to validate party responsible for implementing ADA upgrades. 4.3.4.2. FACILITY DIAGRAMS The Consultant shall assume minimum available as-builts and prepare facility diagrams of each areas to be surveyed to include all interior and exterior spaces open to public access. The facility diagrams shall be schematic/diagrammatic and be limited to identifying major building and site components. Page 278 Page 23 of 44 The City and RCFPD of Rancho Cucamonga Request for Proposal ("RFP")#20/21-005 for Americans with Disabilities Act(ADA) Self-Evaluation and Transition Plan 4.3.4.3. PHYSICAL SURVEYS The Consultant shall conduct physical surveys of all the areas identified in the inventory lists and maps supplied (or those not listed not mapped but required) to determine physical barrier access. Physical surveys shall include all pertinent information including measurements and pictures for available records. The Consultant shall be responsible for identifying Federal and/or State applicable accessibility standards and codes (i.e. Department of Justice 2010 ADA Standards for Accessible Design and/or 2019 California Building Code). The City and RCFPD will review and confirm accessible standards and codes prior to performing any physical surveys. 4.3.4.3.1.CITY AND RCFPD FACILITIES A total of 14 City and RCFPD Facilities are existing.The Consultant shall determine specific features to be surveyed based on the accessible standards and codes determined.Specific features may include, but not limited to, parking lot spaces and signage; onsite path of travel; stairs and curb ramps; doors and gates; rooms and hallways; restrooms and drinking fountains and all other relevant ADA features. An electronic copy of the inventory list and/or map are included in the Attachments. • City and RCFPD Corporate Yard • RC Animal Shelter • City and RCFPD Hall • RC Family Resource Center • Epicenter/Sports Complex • RC Family Sports Center • Goldy Lewis Community Center • RC Library • James Brulte Senior Center • RC Police Station • Lions Center East • Victoria Gardens Cultural Center • Lions Center West • Victoria Gardens Library 4.3.4.3.2. FIRE STATIONS SEPARATE ENTITY) A total of eight (8) Fire Stations are existing. The Rancho Cucamonga Fire District is a separate entity though will be included as part of this Project. The Consultant shall determine specific features to be surveyed based on the accessible standards and codes determined. Specific features may include, but not limited to, parking lot spaces and signage;onsite path of travel; stairs and curb ramps; doors and gates; rooms and hallways; restrooms and drinking fountains and all other relevant ADA features. An electronic copy of the inventory list and/or map are included in the Attachments. • Fire Station No's. 1 thru 7 • Public Safety Facility Page 279 Page 24 of 44 The City and RCFPD of Rancho Cucamonga Request for Proposal ("RFP")#20/21-005 for Americans with Disabilities Act(ADA) Self-Evaluation and Transition Plan 4.3.4.3.3.CITY AND RCFPD PARKS A total of 30 City and RCFPD Parks are existing. The Consultant shall determine specific features to be surveyed based on the accessible standards and codes determined.Specific features may include, but not limited to, parking lot spaces and signage; onsite path of travel; pedestrian bridges; stairs and curb ramps; park buildings, picnic areas; site furnishings (i.e. canopies/shelters, benches, BB(Xs); recreation areas and play equipment; restrooms and drinking fountains and all other relevant ADA features. An electronic copy of the inventory list and/or map are included in the Attachments. • Bear Gulch Park • Milliken Park • Beryl Park East • Mountain View Park • Beryl Park West • Old Town Park • Central Park • Ralph M. Lewis Park • Church Street Park • Red Hill Park • Coyote Canyon Park • Spruce Park • Cucamonga/Demens Trail Rest Park • Victoria Groves Park • Ellena Park • Vintage Park • Etiwanda Creek Park • West Greenway Park • Golden Oak Park • Heritage Park • Hermosa Park • Kenyon Park • Lions Park • Windrows Park • Day Creek Park • Victoria Arbors Park • Legacy Park • Rancho Summit Park • Olive Grove Park • Garcia Park • Los Amigos Park 4.3.4.3.4. CITY AND RCFPD RIGHT-OF-WAY The Consultant shall survey existing sidewalks, curb ramps, traffic signals, pedestrian bridges, bicycle facilities, multi-use trails, and on-street parking. Below is the scope required for each infrastructure. 4.3.4.3.4.1. SIDEWALKS An assumed total of 16,948,000 square feet of probable sidewalks are existing. The Consultant shall identify the procedure required to collect a detailed sidewalk survey which includes accessibility and distress inventory.A sample survey shall be conducted at a high pedestrian area as part of this Project with the intention to have City and RCFPD staff(or future consultant) perform continued sidewalk surveys.The Page 25 of 44 Page 280 The City and RCFPD of Rancho Cucamonga Request for Proposal ("RFP")#20/21-005 for Americans with Disabilities Act(ADA) Self-Evaluation and Transition Plan sample survey shall be compatible with the City and RCFPD's ArcGIS system and include the following noncompliance features. An electronic copy of the inventory list and/or map are included in the Attachments. • Vertical and Horizontal Displacements • Excessive Cross Slopes • Insufficient Widths • Obstructions • Distress • Missing or Incomplete The Consultant shall disregard sidewalk surveys at driveways but provide a procedure toward how non- accessible driveways can be addressed in the future (i.e. City and RCFPD Ordinances). For the sample area, the Consultant shall conduct a walking survey using applicable handheld GPS devices (or equivalent) for analysis, cataloging, and mapping. The sidewalk distress analysis shall inventory cracking, patching, faulting, vaulting, spalling, and holes. The sidewalk distress methodology for rating sidewalks shall be reviewed and approved by the City and RCFPD prior to beginning the sample surveys. 4.3.4.3.4.2. CURB RAMPS The City and RCFPD does not have an existing curb ramp inventory nor is it possible to provide a rough estimate. The Consultant shall perform a complete and detailed curb ramp survey to determine: • Curb Ramp Types • Landings • Widths • Slopes • Detectable Warning Surfaces • Compliant and Noncompliant The Consultant shall conduct a visual inspection to determine if existing curb ramps, median crossings, and "pork chops" islands meet accessibility standards. Curb ramps shall be marked as serving a facility as an arrival point or serving as a street crossing.Curb ramp inspection shall be collected in a manner for analysis, cataloging, and mapping. Page 26 of 44 Page 281 The City and RCFPD of Rancho Cucamonga Request for Proposal ("RFP")#20/21-005 for Americans with Disabilities Act(ADA) Self-Evaluation and Transition Plan 4.3.4.3.4.3.TRAFFIC SIGNALS A total of 207 signalized intersections and pedestrian signalized crossings are existing. This inventory does not include existing overhead flashing beacons, pedestrian rectangular rapid flashing beacons or high intensity activated crosswalk beacons though it exists within the City and RCFPD. As such, the Consultant will be required to identify, determine and include those elements to the Project. The Consultant shall perform a complete and detailed survey of all applicable elements above. An electronic copy of the inventory list and/or map are included in the Attachments. • Push Button Landing • Push Button Placement (horizontal and height) • Accessible Pedestrian Signals • Signs The Consultant shall not be required to survey existing curb ramps at existing signalized intersections or pedestrian signalized crossing as it will be surveyed in Task 4.3.4.3.4.2 Curb Ramps. 4.3.4.3.4.4. PEDESTRIAN BRIDGES The City and RCFPD does not have an existing pedestrian bridge inventory nor is it possible to provide a rough estimate.The Consultant shall perform a complete and detailed pedestrian bridge survey including bridges that traverse the San Bernardino County Flood Control District Channels. • Pedestrian Bridge Types • Arrival Point • Path of Travel • Slopes • Widths • Railings The Consultant shall not be required to survey existing pedestrian bridges at public parks as it will be surveyed in Task 4.3.4.3.3 City and RCFPD Parks. 4.3.4.3.4.5. BICYCLE FACILITIES A total of 81 miles of bicycle facilities are existing.The City and RCFPD contains various bicycle facilities(i.e. Class 1 Bike Path, Class 2 Bike Lane, and Class 3 Bike Route). Also, the City and RCFPD has one (1) bicycle overcrossing bridge and several trailheads that shall be included as part of this Project. The Consultant shall perform a Pane 989 Page 27 of 44 The City and RCFPD of Rancho Cucamonga Request for Proposal ("RFP")#20/21-005 for Americans with Disabilities Act(ADA) Self-Evaluation and Transition Plan complete and detailed bicycle facility survey. An electronic copy of the inventory list and/or map are included in the Attachments. • Bicycle Facility Types • Arrival Points • Path of Travels • Slopes • Widths • Signs 4.3.4.3.4.6. MULTI-USE TRAILS A total of 19 miles of multi-use trails are existing. The City and RCFPD contains various multi-use trails (i.e. Regional, Community, and Horse) that serve pedestrians, bicycles, and/or equestrians. The Consultant shall inventory the Pacific Electric Trail and portions of the San Bernardino County Flood Control District Channels that serve as accessible multi-use trails. The Consultant shall perform a complete and detailed multi-use trail survey. An electronic copy of the inventory list and/or map are included in the Attachments. • Multi-Use Trail Types • Arrival Points • Path of Travels • Slopes • Widths • Signs 4.3.4.3.4.7.ON-STREET PARKING The City and RCFPD does not have an existing on-street parking inventory nor is it possible to provide a rough estimate. However, the Metrolink Station which is jointly owned but the City and RCFPD maintains the facility has approximately 960 stalls. For any remaining on-street parking stalls that exist(adjacent to certain residential developments) though no inventory, the Consultant will be required to identify, determine and include those stalls to the Project. The Consultant shall perform a complete and detailed on-street parking stall survey. • Designated Space Types • Arrival Points • Path of Travels • Slopes • Widths • Signs Pane 983 Page 28 of 44 The City and RCFPD of Rancho Cucamonga Request for Proposal ("RFP")#20/21-005 for Americans with Disabilities Act(ADA) Self-Evaluation and Transition Plan • Quantity The Consultant shall review aerial images to identify areas of existing marked on-street parking stalls. The Consultant shall evaluate and advise the City and RCFPD if additional accessible parking spaces are required. 4.3.4.4. PHYSICAL SURVEY REPORTS The Consultant shall document the results from each physical survey conducted. The Consultant shall produce a binder for each grouped facility listed below that summarizes a narrative for the scope of work performed under Task 4 Physical Barrier Surveys and Reports. All pertinent information such as inventory, facility diagrams and physical surveys will be listed and mapped in ArcGIS and added to the City and RCFPD's website for public reference. • City and RCFPD Facilities • Fire Stations • City and RCFPD Parks • City and RCFPD Right-of-Way 4.3.4.5. DELIVERABLES • Inventory List in Microsoft Excel and ArcGIS Formats • Facility Diagrams in Microsoft Excel and ArcGIS Formats • Physical Surveys in Microsoft Excel and ArcGIS Formats 4.3.5. TASKS:SELF-EVALUATION AND TRANSITION PLAN REPORTS 4.3.5.1.SELF-EVALUATION PREPARATION The Consultant shall review, identify and summarize the City and RCFPD's policies, practices and procedures for all the City and RCFPD's programs, activities and services. In addition, an assessment shall be conducted to determine if any City and RCFPD policies, practices and procedures are found to be discriminatory. If so, the Consultant shall provide recommendations to modify the City and RCFPD's policies, practices and procedures in order to confirm ADA compliance. 4.3.5.2.TRANSITION PLAN PREPARATION The Consultant shall identify physical barriers that limit the accessibility of City and RCFPD programs, activities and services to any individual with disabilities. A detailed description of methods and procedures to upgrade Pane 984 Page 29 of 44 The City and RCFPD of Rancho Cucamonga Request for Proposal ("RFP")#20/21-005 for Americans with Disabilities Act(ADA) Self-Evaluation and Transition Plan accessibility shall be documented. The Consultant shall identify the necessary steps required to implement any accessibility improvements that exceeds over one (1) year. The Consultant shall include the following, but not limited to: • Methodology for evaluating and prioritizing physical barrier improvements • Procedures and forms for monitoring, supplementing, and filing requests • Schedules and cost estimates for enhancements • Schematics, concepts and standard drawings for corrections • Identify the responsible party for implementing the ADA plans • List references and contact information for ADA resources The Consultant shall collaborate with staff or department(s) to prioritize removal of physical barriers at each facility. The Consultant shall consider past, current and future City and RCFPD planning activities.This includes, but not limited to: • 1991 Trails Implementation Plan • 2010 General Plan • 2015 Circulation Master Plan for Bicyclists & Pedestrians • 2020 General Plan Update (Pending) • Capital Improvement Program (CIP) The Consultant shall work with City and RCFPD staff or department(s) to identify capital projects that can be altered to include physical barrier removal as well as recommend new capital projects that better align with the Transition Plan as well as the City and RCFPD's CIP budget. 4.3.5.3. DRAFT ADA SELF-EVALUATION AND TRANSITION PLAN REPORT The Consultant shall compile and submit a Draft ADA Self-Evaluation and Transition Plan to City and RCFPD staff for review. The City and RCFPD will have 30 calendar days to review and provide comments to the Consultant. 4.3.5.4. FINAL ADA SELF-EVALUATION AND TRANSITION PLAN REPORT The Consultant shall address the City and RCFPD comments and submit a Final ADA Self-Evaluation and Transition Plan to City and RCFPD staff for review.The City and RCFPD will have 30 calendar days to review and provide final comments to the Consultant. 4.3.5.5. DELIVERABLES • Draft ADA Self-Evaluation and Transition Plan Report in Microsoft Word Format • Final ADA Self-Evaluation and Transition Plan Report in Microsoft Word Format Pane 9$rj Page 30 of 44 The City and RCFPD of Rancho Cucamonga Request for Proposal ("RFP")#20/21-005 for Americans with Disabilities Act(ADA) Self-Evaluation and Transition Plan 4.3.6. INVENTORY DATABASE AND MAPPING 4.3.6.1. DATABASE The Consultant shall develop a database in ESRI ArcGIS formats. The database shall be used to administer ongoing monitoring and updating as required to make a "livable" document. Further, the database shall include all aspects of the Transition Plan as mentioned in major and minor tasks above including measurements and pictures. It is expected that the database will become the City and RCFPD's property after completion. 4.3.6.2. ARcGIS The Consultant shall provide the inventory and data in an ESRI ArcGIS platform.The Consultant shall collaborate with the City and RCFPD's Department of Innovation and Technology(DoIT)to verify data requirements toward future incorporation into the City and RCFPD's ArcGIS system. Both a draft and final inventory database and mapping shall be submitted to the City and RCFPD for review. The City and RCFPD will have 30 calendar days to review and provide comments to the Consultant in-between submittals. Additionally, the Consultant shall update or create inventory lists and maps utilizing the ArcGIS system. The inventory lists and maps shall display the physical barrier, description, cost estimate, schedule and any other pertinent information required in the Transition Plan. ArcGIS inventory lists and maps to be updated or created include, but not limited to: • City and RCFPD Facilities • Fire Stations • City and RCFPD Parks • City and RCFPD Right-of-Way o Sidewalk o Curb Ramps o Traffic Signals o Pedestrian Bridges o Bicycle Facilities o Multi-Use Trails o On-Street Parking 4.3.6.3. DELIVERABLES • Draft Inventory Database and Mapping in Microsoft Excel and ArcGIS Formats • Final Inventory Database and Mapping in Microsoft Excel and ArcGIS Formats 4.3.7. TRAINING Pane 9AR Page 31 of 44 The City and RCFPD of Rancho Cucamonga Request for Proposal ("RFP")#20/21-005 for Americans with Disabilities Act(ADA) Self-Evaluation and Transition Plan 4.3.7.1.TRAINING The Consultant shall include training key personnel (either in-person or virtually for social distancing) toward the ADA Self-Evaluation and Transition Plan. The intent is to teach key personnel the ability to use, maintain, and update the ADA Self-Evaluation and Transition Plan. A total of one (1) thorough training shall be conducted to include, but not limited to: • Review Federal and/or State accessibility standards and codes • Modify City and RCFPD programs, services, and activities • Update Transition Plan inventory list and mapping • Monitor and update the ADA Self-Evaluation and Transition Plan 4.3.7.2. DELIVERABLES • Draft Inventory List and Mapping in ArcGIS Format • Final Inventory List and Mapping in ArcGIS Format • Hardcopy and electronic copy of required training material in any suitable formats 4.3.8. ON-CALL ADA SUPPORT(OPTIONAL) 4.3.8.1.ON-CALL ADA SUPPORT The Consultant shall include a line item in their proposal for possible On-Call ADA Support. Scope of work shall primarily be providing ongoing technical support to staff or department(s) after the Project has been accepted by the City and RCFPD. The Consultant shall be responsible for tracking hours on a time and material basis. 4.4. ATTACHMENTS A. 1997 ADA Self-Evaluation and Transition Plan B. 1998 ADA Self-Evaluation and Transition Plan C. 1991 Trials Implementation Plan D. 2010 General Plan E. 2015 Circulation Master Plan for Bicyclists & Pedestrians F. 2020 City and RCFPD Facilities, Fire Stations, City and RCFPD Parks and City and RCFPD Right-of-Way Inventory Lists and Maps G. 2020 General Plan Update (Pending) H. Capital Improvement Program (CIP) I. Professional Services Agreement Pane 987 Page 32 of 44 The City and RCFPD of Rancho Cucamonga Request for Proposal ("RFP")#20/21-005 for Americans with Disabilities Act(ADA) Self-Evaluation and Transition Plan S. EVALUATION AND CONSULTANT 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: Criteria Assigned Criteria Description Percentage Consultant Expertise 30 Quality of proposed services or goods 30 Extent to which the Consultants services or goods meet the City and 30 RCFPD and RCFPD's needs 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. 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 Consultant'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 Pane 988 Page 33 of 44 The City and RCFPD of Rancho Cucamonga Request for Proposal ("RFP")#20/21-005 for Americans with Disabilities Act(ADA) Self-Evaluation and Transition Plan the criteria scores. It is imperative that Consultants provide up to date and accurate information regarding contact information for reference checks. All scores are then tabulated into the final Consultant ranking. Evaluators do not see the Consultant 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 and RCFPD and RCFPD'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 Consultants will be provided an opportunity to interview and conduct a demonstration or presentation to further expand on their RFP response. Consultant 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 Consultants 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 and RCFPD and RCFPD Finance Department. Should a Consultant 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 Consultant on the short-list: • A copy of the Consultant'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, Consultant 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 Consultant. • Indicate all applicable information regarding Consultant ownership changes in the last three (3) years. 5.7. BEST AND FINAL OFFER Upon completion of Consultant presentations, the City and RCFPD and RCFPD reserves the right to conduct pre- award discussions and/or pre-contract negotiations with all or only top ranked Consultants. At which time the City and RCFPD and RCFPD may request a Best and Final Offer to be submitted from one or all finalists. Pane 9$�q Page 34 of 44 The City and RCFPD of Rancho Cucamonga Request for Proposal ("RFP")#20/21-005 for Americans with Disabilities Act(ADA) Self-Evaluation and Transition Plan 5.H. CONSULTANT SELECTION The final Consultant selection is based on which Consultant is the most responsive, meeting the City and RCFPD and RCFPD 's requirements, offering the best value at the most competitive price. The City and RCFPD and RCFPD is not obligated to award to the lowest price proposal. The City and RCFPD and RCFPD may conduct negotiations with several Consultants simultaneously. The City and RCFPD and RCFPD may also negotiate contract terms with the selected Consultants prior to award. The City and RCFPD and RCFPD, 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 and RCFPD and RCFPD. 5.9. LETTER OF INTENT TO AWARD After a final Consultant selection is determined, a Letter of Intent to Award (LOI)will be posted for review by all participating, responsive Consultants. Negotiations shall be confidential and not subject to disclosure to competing Consultants unless an agreement is reached. If contract negotiations cannot be concluded successfully, City and RCFPD and RCFPD may negotiate a contract with the next highest scoring Consultant or withdraw the RFP entirely. Pane gg.Q Page 35 of 44 The City and RCFPD of Rancho Cucamonga Request for Proposal ("RFP")#20/21-005 for Americans with Disabilities Act(ADA) Self-Evaluation and Transition Plan "EXHIBIT A, CITY AND RCFPD AND RCFPD OF RANCHO CUCAMONGA CONFLICT OF INTEREST/NON- DISCLOSURE STATEMENT" It is the policy of the City and RCFPD and RCFPD to prevent personal or organizational conflict of interest, or the appearance of such conflict of interest, in the award and administration of City and RCFPD and RCFPD Contracts, including, but not limited to Contracts for Professional Services Agreements ("PSA") with potential Consultants. I do not have specific knowledge of confidential information regarding RFP responses received in response to the Request for Proposal ("RFP") #20/21-005 for Americans with Disabilities Act (ADA) Self-Evaluation and Transition Plan. 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. (Print Name) (Relationship to the City and RCFPD and RCFPD) (Relationship to the Consultants) (Signature) (Date) Exhibits are not to be included in your bid response. All referenced Exhibits must be submitted in Planet Bids system under the Response Types, Exhibits A —H. Pane 991 Page 36 of 44 The City and RCFPD of Rancho Cucamonga Request for Proposal ("RFP")#20/21-005 for Americans with Disabilities Act(ADA) Self-Evaluation and Transition Plan "EXHIBIT B, PROFESSIONAL SERVICES AGREEMENT EXCEPTIONS SUMMARY" Mark the appropriate choice, below: Consultants accepts the PSA without exception. OR Consultants 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 Consultants' 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 Exhibits are not to be included in your bid response. All referenced Exhibits must be submitted in Planet Bids system under the Response Types, Exhibits A —H. Pane 999 Page 37 of 44 The City and RCFPD of Rancho Cucamonga Request for Proposal ("RFP")#20/21-005 for Americans with Disabilities Act(ADA) Self-Evaluation and Transition Plan "EXHIBIT C, ACKNOWLEDGMENT OF INSURANCE REQUIREMENTS AND CERTIFICATION OF ABILITY TO PROVIDE AND MAINTAIN COVERAGES SPECIFIED" I, 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") #20/21-005 for Americans with Disabilities Act (ADA) Self-Evaluation and Transition Plan have been read and understood and that our Consultants is able to provide and maintain the coverage as specified in the PSA. Failure to provide said coverage, upon request 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 Exhibits are not to be included in your bid response. All referenced Exhibits must be submitted in Planet Bids system under the Response Types, Exhibits A —H. pane 993 Page 38 of 44 The City and RCFPD of Rancho Cucamonga Request for Proposal ("RFP")#20/21-005 for Americans with Disabilities Act(ADA) Self-Evaluation and Transition Plan "EXHIBIT D, ADDENDUM ACKNOWLEDGEMENT" The Consultants hereby acknowledges the following Addenda Number(s)to this RFP have been received, if any. Consultants understands failure to acknowledge any addenda issued may cause the RFP response to be considered non-responsive. It is the Consultants' responsibility to log into the Bid System to identify and download the number of addenda that have been posted. Signature Printed Name Title Date Exhibits are not to be included in your bid response. All referenced Exhibits must be submitted in Planet Bids system under the Response Types, Exhibits A —H. Pane 994 Page 39 of 44 The City and RCFPD of Rancho Cucamonga Request for Proposal ("RFP")#20/21-005 for Americans with Disabilities Act(ADA) Self-Evaluation and Transition Plan "EXHIBIT E, DEBARMENT and SUSPENSION CERTIFICATION FORM" I certify that neither (Consultant) 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 Consultant nor any of its proposed subcontractors are tax delinquent with the State of California. I acknowledge that if Consultants or any of its subcontractors subsequently are placed under suspension or debarment by a local, state or federal government entity, or if Consultants or any of its subcontractors subsequently become delinquent in California taxes, our Proposal will be disqualified. Signature Printed Name Title Date Exhibits are not to be included in your bid response. All referenced Exhibits must be submitted in Planet Bids system under the Response Types, Exhibits A —H. Pane 9qr; Page 40 of 44 The City and RCFPD of Rancho Cucamonga Request for Proposal ("RFP")#20/21-005 for Americans with Disabilities Act(ADA) Self-Evaluation and Transition Plan "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 and RCFPD and RCFPD 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 Consultants. Successful Consultants will extend prices as proposed herein to other governmental agencies, please specify. YES NO Exhibits are not to be included in your bid response. All referenced Exhibits must be submitted in Planet Bids system under the Response Types, Exhibits A —H. pane 99F, Page 41 of 44 The City and RCFPD of Rancho Cucamonga Request for Proposal ("RFP")#20/21-005 for Americans with Disabilities Act(ADA) Self-Evaluation and Transition Plan "EXHIBIT G" 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 and RCFPD 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. I III J J 1 J J11J11J1 1 i 11 � 1lIIIIIIIl � 1l � Jl � lllll � ll 1IIII1 � � 1 � 1I111 � 111II � 111IIII IIIIIII�JI�J��Jl�1l�JlIIIII�IIIIIIIIII�II�Jl�lllllll�Jl�J��J1�11�Jl�J�JJ�JJ��JIIJ��IIIIIJIIll11IIlI�JI�J��JI�II�J 11I�111I�II��I�IIIII�II�1I111�111II�1111�11111��I�111111�1111111��11111I11111I�II��I�11�1111111I�111I�II��I�IIIIIi� Company Name Contact Name and Title Company Address Contact Telephone Number Contact Email Description of Comparative Services and Project Cost(please be specific) III I I 1 J J 1 11, I I l u l l ( l I ( l � �l�ll��llllll�llllllllll�ll��l�lllllll1�11��1�J�J��JJ���IIJ��IIIII�IIIIIIIIII��I�J���l�ll� Company Name Contact Name and Title Company Address Contact Telephone Number Contact Email Description of Comparative Services and Project Cost(please be specific) Page 297 Page 42 of 44 The City and RCFPD of Rancho Cucamonga Request for Proposal ("RFP")#20/21-005 for Americans with Disabilities Act(ADA) Self-Evaluation and Transition Plan IIIIIIIIIIIIIIIIIIIIIIIUIIIIIIIIUIIIIIIIIIIIIIIIIIIIIIIIIIIIICompany Name 76���������������������������������000iG����������������Gi�G Contact Name and Title Company Address Contact Telephone Number Contact Email Description of Comparative Services and Project Cost (please specific) Company Name IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII Contact Name and Title Company Address Contact Telephone Number Contact Email Description of Comparative Services and Project Cost(please be specific) Exhibits are not to be included in your bid response. All referenced Exhibits must be submitted in Planet Bids system under the Response Types, Exhibits A —H. Page 298 Page 43 of 44 The City and RCFPD of Rancho Cucamonga Request for Proposal ("RFP")#20/21-005 for Americans with Disabilities Act(ADA) Self-Evaluation and Transition Plan "EXHIBIT H, 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 CONSULTANT 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 and RCFPD,State,Zip) Telephone#: Fax#: E-mail address: Web Address: Authorized Representative:(print) Title: Signature: Date: Exhibits are not to be included in your bid response. All referenced Exhibits must be submitted in Planet Bids system under the Response Types, Exhibits A —H. Page 299 Page 44 of 44 CUCAMONGA Addendum No. 001 Request for Proposal ("RFP") #20/21-005 For Americans with Disabilities Act (ADA) Self-Evaluation and Transition Plan August 4, 2020 Re: Invitation Number Ladies and Gentlemen: This Addendum will address a correction made to the RFP Invitation Number. The correct Invitation number, RFP #20/21-005, is listed on the RFP document and will now match the RFP number listed in the bid system. The due date and time for RFP#20/21-005 remains as indicated in the RFP Schedule of Events. If there are any questions regarding this Addendum, please contact Hector Velazquez, Procurement Technician at (909) 774-2508 Sincerely, Hector Velazquez, Procurement Technician City of Rancho Cucamonga Procurement Division Page 300 CUCAMONGA Addendum No. 002 Request for Proposal ("RFP") #20/21-005 For Americans with Disabilities Act (ADA) Self-Evaluation and Transition Plan August 13, 2020 Re: Questions/Answers/Clarifications Ladies and Gentlemen: This Addendum will address questions and clarification requests as submitted by Consultants. Only those questions submitted in writing are being addressed and can be found in the below table. The due date and time for RFP#20/21-005 remains as indicated in the RFP Schedule of Events. If there are any questions regarding this Addendum, please contact Hector Velazquez, Procurement Technician at (909) 774-2508 Sincerely, Hector Velazquez, Procurement Technician City of Rancho Cucamonga Procurement Division Page 301 City of Rancho Cucamonga Addendum 002 for Request for Proposal (RFP)#20/21-005 For Americans with Disabilities Act(ADA) Self-Evaluation and Transition Plan Questions/Clarifications Question(s)/Clarification(s) Answer(s)/Comment(s) RE: 3.15 Company References We don't have 4 It is a requirement, if you do not meet the 1. transition plans within the 3 year timeframe. How requirement it will be taken into consideration and strict of a requirement is this?. weighed against other competing consultants. RE:4.3.4.3.4.1 Sidewalks Can we use an alternative No. Sidewalk survey must be compatible with 2' method (alternative to ArcGIS)? ArcGIS. We are inquiring as to whether the website scope 3. is to identify accessibility barriers only?Or, is the Website scope is to check accessibility barriers with design/development of an accessible website part City's newly created website. of the scope,as well? Will the City provide GIS shapefile layers of all their Yes,City will provide available GIS shapefile layers to 4' RCFPD buildings,fire stations and parks? the Consultant. Will the City provide a list or GIS shapefile layer of Yes,City will provide available GIS shapefile layers to 5' all the signalized intersections? the Consultant. Will the City provide GIS shapefile layers of Yes,City will provide available GIS shapefile layers to 6' sidewalks, bicycle facilities and multi-use trails? the Consultant. The RFP states 16,948,800 sq ft of sidewalk can the There is roughly 535 centerline street miles. With 4- 7. City confirm how many centerline miles of sidewalk foot minimum sidewalks (for each side of the street),the estimated sidewalk inventory should be they have? 22,598,400 sq.ft. Section 4.1 of the RFP states"The Consultant will be required to submit a fixed fee and schedule that The Line Item tab has been updated to include separates the Project into three(3) priority separate lines for Phase I, II,and III.Consultants will phases...". Is the City looking for the entire three- phase fixed fee in the top box? For the Additional still be required to submit a fixed fee and schedule 8' in their RFP response.The'Additional Charges' lines Charges rows,are these for services that are in addition to those outlined in the City's scope of are for any extra charges that a consultant may services?Or,are the three Additional Charges rows charge aside from services outlined in the Scope of for the breakout of fixed fee for each of the three Services. phases? Concerning the timeline,what are the anticipated 9, start dates of Phase II and III?Or is the City only Unknown at this time. City is interested in duration for entire project separated by each phase. interested in duration? Page 2 of 5 Page 302 City of Rancho Cucamonga Addendum 002 for Request for Proposal (RFP)#20/21-005 For Americans with Disabilities Act(ADA) Self-Evaluation and Transition Plan What is the anticipated percentage of sidewalks The sidewalk survey area to be sampled is bounded within the right of way the City intends on having between Highland Avenue to Banyan Street (north 10. 'sampled' as noted in section 4.3.4.3.4.1 of the to south) and Beryl Street to Hellman Avenue (east RFP? to west). Lions East 12,000 sq.ft. City Hall 100,000 sq.ft. City Corp.Yard 17,649 sq.ft. RCFSC N/A Lions West 10,228 sq.ft. Animal Center 14,480 sq.ft. Can the City provide the square footage for Archibald Library 25,498 sq.ft. 11. buildings to be assessed? Epicenter 14,000 sq.ft. (stadium only,does not include maintenance yard) PD main station 40,000 sq.ft. Resource Center 10,361 sq.ft. VGCC 67,000 sq.ft. Brulte Senior Center and Lewis Comm.Center 57,000 sq.ft.total (combined) Biane Library 24,000 sq.ft. Bear Gulch Park 5 ac Beryl Park East 10 ac Beryl Park West 10 ac Central Park 35 ac Church Street Park 6.5 ac Coyote Canyon Park 5 ac Cucamonga/Demens Trail Rest Park 0.2 ac Ellena Park 6.5 ac Etiwanda Creek Park 12 ac Can the City provide the number of acres per park 12. Golden Oak Park 5 ac and amenities that need to be assessed? Heritage Park 40 ac Hermosa Park 10 ac Kenyon Park 6.5 ac Lions Park 1.5 ac Milliken Park 10 ac Mountain View Park 5 ac Old Town Park 5 ac Ralph M. Lewis Park 9.5 ac Red Hill Park 44 ac Page 3 of 5 Page 303 City of Rancho Cucamonga Addendum 002 for Request for Proposal (RFP)#20/21-005 For Americans with Disabilities Act(ADA) Self-Evaluation and Transition Plan Spruce Park 5 ac Victoria Groves Park 6.5 ac Vintage Park 6.5 ac West Greenway Park 5 ac Windrows Park 8 ac Day Creek Park 11 ac Victoria Arbors Park 8 ac Legacy Park 3.7 ac Rancho Summit Park 6.6 ac Olive Grove Park 7.9 ac Garcia Park 5 ac Los Amigos Park 3.3 ac 13. Anticipated project start date Estimated to be November 2020 14. Target completion date Estimated to be one year for each phase; from November 2021 thru 2023 Target is to award Phase I (Facilities and Fire 15. Can the City provide their budget for this project? Stations) budgeted at $400K. Though, City will consider awarding Phase 11 (Right-of-Way) and/or Phase III (Parks)for a total budget of$800K. 16. Does the City have tentative interview dates? Not at this time. We understand that there is 16,948,800 sq ft of It should equal to roughly 535 centerline street 17, sidewalk;can you confirm if that equates to miles.With 4-foot minimum sidewalks(for each side of the street), the estimated sidewalk inventory approximately 1,070 miles of sidewalk? should be 22,598,400 sq.ft. We understand that there is 81 miles of bike path; 18, can you confirm if it is for pedestrians and if it This primarily comprises of Class 2 (Bike Lane) and should be included in the fee proposal? Class 3 (Bike Route)facilities. Section 4.3.4.3.4.E identifies 19 miles of multi-use Regional/Equestrian multi-use trails are estimated 19. trails;can you provide the breakdown by use(e.g., at 16 miles. Community multi-use trail is estimated Regional/Community/Equestrian)? at 3 miles. Pedestrian accessibility should be evaluated for hardscape trail surfaces. 20. Does the City have an existing GIS system? Yes, ESRI ArcGIS platform. 21 Pricing will vary based on reporting structure and Noted. level of detail. Does the City want items that comply reported as Yes,will need to check existing items that comply as 22. well as those that do not comply? well as those that do not comply. Page 4 of 5 Page 304 City of Rancho Cucamonga Addendum 002 for Request for Proposal (RFP)#20/21-005 For Americans with Disabilities Act(ADA) Self-Evaluation and Transition Plan Will the City want everything held to a zero City will recognize de minimis barrier tolerances 23. tolerance or recognize de minimis barriers? (negligible amount)and will be reviewed by the City Attorney before commencing work. Will the City want Executive Summaries for each 24. Yes,will need Executive Summaries for each facility. building? Does the City have a "Liaison"team(member from 25, each major dept)set up to advise through this No, this is a part of the scope of work. See Section process? 4.3.3.2 Selecting Key Personnel. Does the City have an existing Mayor's committee 26, or advisory board made up of people with varying No. disabilities? Does the City need their Emergency Plan evaluated The Fire District's Emergency Operation Plan will 27' for compliance? need to be evaluated for ADA compliance. Does the City have any ownership in Public 28. Transportation? If so,will that need to be Yes, on a limited basis mostly recreational shuttle services which will need to be evaluated. included? City public transit stops are owned,maintained and Does the City own, maintain or operate public operated by Omnitrans. Though, the City jointly 29. transit stops on city property? owns the Metrolink Station and is responsible for maintaining the facility (sidewalk, pavement, striping,etc.)outside the platform area. Does the City have any ownership of public 30. No. housing? 31 Does the City want their website(s) reviewed? Yes, check accessibility barriers against newly created website. Page 5 of 5 Page 305 CUCAMONGA Addendum No. 003 Request for Proposal ("RFP") #20/21-005 For Americans with Disabilities Act (ADA) Self-Evaluation and Transition Plan August 13, 2020 Re: Line Items Ladies and Gentlemen: This Addendum will address the changes made to the Line Items Tab. The line items have been updated so that Consultants can break out their pricing by Priority Phase in accordance with Section 4.1. of the RFP. The Consultant is still required to submit a fixed fee and schedule that separates the Project into three (3) priority phases in their RFP response. The due date and time for RFP#20/21-005 remains as indicated in the RFP Schedule of Events. If there are any questions regarding this Addendum, please contact Hector Velazquez, Procurement Technician at (909) 774-2508 Sincerely, Hector Velazquez, Procurement Technician City of Rancho Cucamonga Procurement Division Page 306 CONSULTANT PROPOSAL EXHIBIT "A-2" Page 307 I i r� %/ ■ Win �,J�w�r>v�,n��l 1?'' 6fl II Y rr, V V Diu V, I. ��IIIIIIIIIIII ' i'I �Wi +IIIIIIII'L,' hil ri �hlIr Ill ' 1 OWEN GROUP,LP I A BUREAU VERITAS GROUP COMPANY CITY OF RANCHO CUCAMONGA AND RCFPD ADA#20/21-005 ,,,,,,,I,I,�,,,I,,,I,,,,,,,,,,�,I,,,,,,,,,,,,,,,,,,,,,,,,,,,, U ,,,,,,,, EEMEEZ:=August 24, 2020 I...IIIIIIIIIII ..II IIIIIIIIIIIIIIII�IIIIIIII II A BUREAU VERITAS GROUP CON PANY City and RCFPD of Rancho Cucamonga 220 Technology Dr., Suite 100 Attn: Hector Velazquez Irvine, CA 92618 10500 Civic Center Drive www.owengroup.com Rancho Cucamonga, California 91730 949.860.4810 RE: AMERICANS WITH DISABILITIES ACT(ADA) SELF-EVALUATION AND TRANSITION PLAN FOR CITY AND RCFPD OF RANCHO CUCAMONGA RFP#20/21-005 Dear Mr. Velazquez, An important step for municipalities and other public agencies such as the City of Rancho Cucamonga is to enact the Americans with Disabilities Act (ADA) so that all people, particularly those with disabilities, have physical access to facilities. Owen has performed self-evaluations of buildings, supporting facilities, and all areas for municipalities, including facilities, parks, and the public right-of-way. Our ADA compliance staff perform field investigations and assessments to provide the basis for identifying, prioritizing, budgeting, and implementing plans. This process will assist the City of Rancho Cucamonga in your efforts to comply with accessibility requirements and removal of ADA barriers, as required by all current ADA standards Established in 1981, Owen, a Bureau Veritas company, is an architectural, engineering, and compliance firm. As a leader in ADA compliance, we understand the challenges people with disabilities face each day in attempting to access civic life. We retain in-house Certified Access Specialists (CASp)who are well versed with 2010 ADA Standards for Accessible Design, the Public Rights of Way Guidelines (PROWAG) from the Federal Access Board, California Code of Regulations/Title 24 CBC, and the Federal Highway Administration's (FHWA) California Edition of the Manual on Uniform Traffic Control Devised (CA MUTCD). Additionally, we have included sub-consultant Biz Builders, to provide website accessibility inspection. Owen's Project Manager and CASp, Sandra Miles, has over 29 years of experience in the architecture, engineering and construction industry and has specialized in site accessibility projects. In addition to her CASp certification, she is an Accessibility Plans Examiner and Inspector, and a certified ADA Coordinator. Owen has conducted ADA accessibility compliance-related services for the City of Temecula, Irwindale, Commerce, Culver City, and South Gate as well Los Angeles County Department of Public Works and Internal Services Department, Orange County Transportation Authority, just to name a few. Thank you for considering Owen. If you have any questions, please contact me at 858.344.1 171 or smiles@ owengroup.com. Sincerely, Richard Henrikson, PresideZPE, D AP Sandra Miles, CASp, ICC,Gen Group, Limlte�d Partn wen Group, Limited Partnership Page 309 1 OWEN GROUP,LP I A BUREAU VERITAS GROUP COMPANY CITY OF RANCHO CUCAMONGA AND RCFPD ADA#20/21-005 Ta ��b L e o 'If C o �n 'It e �n Its 1. Cover Letter/Introduction ........................................................................ 1 2. Executive Summary ................................................................................ 3 3. Experience................................................................................................. 4 4. Subcontractors.......................................................................................... 7 5. Staff Biographies ...................................................................................... 8 6. Proposal Response................................................................................21 7. Line Item Pricing .....................................................................................37 Page 310 2 OWEN GROUP,LP I A BUREAU VERITAS GROUP COMPANY CITY OF RANCHO CUCAMONGA AND RCFPD ADA#20/21-005 i � IIIIIII� a I�� 29 U.S.C. § 794. • Our team members have first hand knowledge of actual needs due to family members who are Owen Group Limited Partnership (Owen) is an disabled and we are actively involved disability ENR-rated, award-winning professional architectural, advocacy groups. multidisciplinary engineering, and construction 0 Knowledge of various alternative formats and services consulting firm. Over the past 30 years, alternative technologies that enable people with Owen has been ranked by ENR as a Top 500 disabilities to communicate, participate, and Engineering Firm, Top 100 Green Design Firm, and perform tasks. a Top 100 Construction Management Firm. We 0 Ability to work cooperatively with the local have provided studies, project and construction government and people with disabilities. management, project quality management, and 0 Familiarity with local disability advocacy groups design for over 10,000 projects since 1981. Under or other disability groups. Owen's compliance division, we have-provided full 0 Skills and training in negotiation and mediation. service ADA assessments/evaluation architectural design, design management, and construction As a division of Bureau Veritas (BV) Owen provides management services. unparalleled resources to manage projects and a broad range of expertise that we bring to the table. Owen understands that the scope of the work will The firm has been providing services to the City of include project management, public outreach and Rancho Cucamonga since 2014 currently having meetings, self-evaluation and programmatic review, contracts for Building and Fire Plan Review, as well physical barrier surveys and reports, self-evaluation as Development Plan Review. Additionally, another and transition plan reports, inventory database and part of the firm has provided ongoing Inventory mapping, training, and on-call ADA support. and Preventive Maintenance Plans with work being Owen's ADA division has had great success in completed in 2018. providing accessibility inspection services for BV has been providing services to the City of nearly 30 years. Our team understands that it will Rancho Cucamonga since 2014. We currently have lead the efforts in the development of the City's contracts for Building and Fire Plan Review, as well ADA Self Evaluation and Transition Plan and apply as Development Plan Check. federal and state ADA standards and codes, as well as the preparation of forms required for accurate data documentation. This is critical for accuracy of material to be included in the update of the Transition Plan. Owen's qualified staff will conduct field investigations of buildings, supporting facilities, and other structures, as well as areas within the public right-of-way, as outlined in RFP. Our Project Manager, Sandra Miles, CASp, ADAC, ICC, is a certified ADA Coordinator. The ADA Coordinator certification requirements includes a knowledge base the following items: • Familiarity with the state or local government's structure, activities, and employees. • Knowledge of the ADA and other laws addressing the rights of people with disabilities, including Section 504 of the Rehabilitation Act, Page 311 3 OWEN GROUP,LP A BUREAU VERITAS GROUP COMPANY CITY OF RANCHO CUCAMONGA AND RCFPD ADA#20/21-005 ® CASp, PE, and Brian Manternach, CASp, Jennifer Etten, CASp, as well as other key accessibility compliance specialists. Our approach is unique in that in addition to the construction related accessibility expertise, our staff brings hands on experience from behind the scenes within the city. Mary Wolford, CASp, ADAC worked for the City of San Diego through A/I0010/1- � ��� % many departments with her final years at the City serving as and ADA Compliance Officer and serving three years as interim ADA Coordinator. Mary ✓��/i9� it � G �VsN brings an understanding of what is required for implementation of the Self Evaluation and Transition plan. At times interacting with the Department of )J Il of i/r w / err Justice as the need may arise and overseeing the satisfy projects to j ro the fulfillment of the Transition p Y Owen Group, LP has been in business nearly Plan. Mary is very familiar with funding and can 40 years and has been providing accessibility bring a unique perspective to the project. inspection services for over 30 years. Our Both Sandra and Mary have been appointed by the experienced team is committed to providing quality Mayor and City Council having served on the City work with fine tuned ADA practices. The Owen team of San Diego Accessibility Advisory Board. This is also highly experienced and adaptable. experience can be used to assist the City of Rancho Owen has provided numerous ADA Self-Evaluation Cucamonga in helping set up a similar committee and Transition Plans for municipalities and public or board if the City so chooses. Additionally, these agencies. roles have created many opportunities for Sandra and Mary to provide a variety of training to City Our Project Manager, Sandra is an experienced staff and public outreach meetings that include the professional who will effectively handle a variety general public and a variety of advocacy groups. of responsibilities including the coordination We are excited to also include on our team our and development of ongoing efforts for full ADA website accessibility specialist, Biz Builders. compliance, as well as serving in a management and supervisory role. Other tasks required include This team has broad experience in inspecting arranging for and conducting training to City staff on hundreds of websites, optimizing the inspection accessibility regulations; conducting, coordinating approach, process, and deliverables to have the greatest benefit for on-going website accessibility. and monitoring architectural barrier surveys; developing processes for prompt fulfillment of The approach will allow the city to master the requests for alternative formats, and interpreting learning curve associated with achieving website accessibility beyond the scope of our inspection. services and other communication access needs; coordination in developing the required Transition Biz Builders testing criteria is a series of manual Plan to remove access barriers; and involvement processes, evaluating how websites perform with of the department's Disability Advisory Committee screen reader technology, keyboard-only usage, to facilitate policy formation and to review existing color contrast, and full browser compatibility. policies such as reasonable accommodation. Barriers and insights from the inspection are Sandra is supported by an experienced and highly manually converted into data for collation into qualified team of accessibility experts, including a variety of inspection deliverables to serve all additional CASps, Mary Wolford, CASp, ADAC, , clients, including decision-makers and technical Page 312 4 OWEN GROUP,LP I A BUREAU VERITAS GROUP COMPANY CITY OF RANCHO CUCAMONGA AND RCFPD ADA#20/21-005 11 development professionals. This addition will 0 Ventilation Systems ensure proper website inspection with a skilled and 0 Air Condition Systems experienced team. 0 Electrical In addition to the numerous ADA Self Evaluation Building Automation Systems and Transition Plans Owen has provided, Owen • Plumbing has served as a technical resource for project Life/ Safety compliance providing QA/QC review of Public • Vertical Transportation Works departments including the City of San • Equipment Diego through the Accessibility Advisory Board BV (formerly EMG) prepared preventive maintenance and the City of Chino Public Works Department (PM) schedules to identify required procedures and providing comprehensive reviews in a timely manner inspections required to maintain facilities systems and training to City staff. We are often asked to in safe, reliable and efficient condition. Maintenance represent the city at City Council meetings for procedures were supplied for main components of technical expertise as matters arise. each major building system. We bring trails and parks experience to this Services: project. Sandra has worked on park master 0 Equipment and Asset Inventory plan accessibility compliance projects ranging 0 Preventive Maintenance Plans from small neighborhood parks to large historic stadiums at Balboa Park, tennis courts, swimming Building Types: pools, children tot lots and play area, waterfront 0 Essential Facilities parks and beaches and boat docks. These have 0 Recreation Libraries been reviewed and assessed for state and federal 0 Parking Structures compliance. For items that are not technically 0 Fire Stations (7) specified in either the California Building Code or CITY OF POMONAADA SELF-EVALUATION AND the ADA Standards, we refer to the "Standards for Outdoor Developed Areas". Whiles these Standards TRANSITION PLAN have only been adopted for federal projects on Owen provided a comprehensive ADA Self- federal property we feel that this allows City's to Evaluation and Transition Plan for the City of be in compliance when in the future these are Pomona. The assessment included City facilities, adopted on a more local level. Of course with each parks, and right-of-way. Programs, Policies, Self Evaluation and Transition plan all parks within and Procedures assessment includes City the City are assessed along with the programs services, activities, employment practices, and associated with each park. communications addressed by ADA regulations. Owen developed a Transition Plan with estimated CITY OF RANCHO CUCAMONGA PROJECT costs, which includes the involvement and input of EXPERIENCE City staff and the public through public workshops. BV (formerly EMG)*worked with Dude Solutions to CITY OF CHINO ON-CALL ACCESSIBILITY DESIGN collect facility attributes for upload into the city's DRAFTINGAND PLAN CHECK SERVICES CMMS platform (FacilityDude). Owen is currently providing on-call accessibility The assessment team collected information on the design, drafting and plan check services for ADA major pieces of facility equipment. Specifically, the grievance projects and pedestrian accessibility data collection focused on collection make, model, for public works capital improvement projects. The manufacturer, and serial number for the following project includes scope, design and construction components: of new improvement and alteration projects • Heating Systems in compliance with Federal, State and Local Page 313 5 OWEN GROUP,LP I A BUREAU VERITAS GROUP COMPANY CITY OF RANCHO CUCAMONGA AND RCFPD ADA#20/21-005 11 accessibility regulations; including Americans with work with fine tuned ADA practices. The Owen team Disabilities Act, California Building Code and the is also highly experienced and adaptable. City of Chino ordinances and policies. Owen has experience providing numerous ADA Self- CITY OF GARDEN GROVE FACILITY CONDITION Evaluation and Transition Plans for municipalities ASSESSMENTAND ADA SELF-EVALUATION AND and public agencies. TRANSITION PLAN The City awarded BV (formerly EMG)with a contract LITIGATION for ADA Evaluation and Transition Plan services Owen has no client-based legal action against our and an additional option for Facility Condition firm that may adversely affect our performance or Assessments to be concurrently conducted. completion of the District contract or any services BV (formerly EMG) helped the City of Garden performed on behalf of the District. Further, Owen Grove comply with all aspects of ADA, the State of had never had a contract terminated for cause California, and local accessibility regulations with by any public agency. Owen has never filed for regards to its public buildings. Our assessments bankruptcy. culminated in the production of an ADA Transition Owen was named in a lawsuit (co-defendant to Plan, which will include a schedule of improvements Vanir CM and LA Metro as the design consultant, necessary to meet the ADA requirements, along with multiple other firms, for Case Smith associated order of magnitude cost estimates for vs. LA Metro) by a worker for a work-related barrier removal, a prioritized list of improvements, accident. Owen was improperly named as a general and a timeline for completion of needed contractor. As architect, we had no purview over improvements or modifications. work and safety and we were dismissed from the We were also awarded additional services to lawsuit. perform ADA Surveys of PROW within +/- 1,200 feet Owen is a Limited Partnership company that is a of 35 city-owned sites to meet the requirements division of Bureau Veritas Group company, acquired of Section 9.3 of the Local Assistance Procedure in March 2019. Manual as published by the California Department of Transportation. This included the recording of sidewalk slope and cross-slope data, path of travel barriers, and curb ramp compliance. BV (formerly EMG)was additionally asked to provide Facility Condition Assessment services which included a life cycle analysis, inventory of assets, and a capital plan with recommendations for repair and replacements over the next 20 years. The assessment included looking at essential facilities, recreational sites, water division assets, and other community structures. BV's (formerly EMG) assessors looked at all major building systems including building envelope, infrastructure, MEP, and interiors. Owen Group, LP has been in business nearly 40 years and has been providing accessibility inspection services for over 30 years. Our experienced team is committed to providing quality Page 314 6 OWEN GROUP,LP I A BUREAU VERITAS GROUP COMPANY CITY OF RANCHO CUCAMONGA AND RCFPD ADA#20/21-005 11 OE= JR CONKEY JR Conkey will be providing cost estimating solutions for the City. Owen has worked with JR Conkey for many years for several projects and has great success in collaborating with the team and completing quality work. �f d CLIENT REFERENCES Eric Glass Glass Architects/Jeff Katz Architecture 200 E. Street, Santa Rosa, CA 95404 eglass@glassarchitects.com 707.544.3920 BIZ BUILDERS Owen has experience working with Biz Builders, Tyler Babcock MFDB who will be providing website inspection 111 Scripps Drive, Sacramento, CA 95825 accessibility for the city. Biz Builders's unique tbabcock@MFDB.com approach and sustainable inspection technique will 916-972-0131 (ext.17) allow the city efficient and clear inspection of newly Dan Dameron created website. MFDB 111 Scripps Drive, Sacramento, CA 95825 CLIENT REFERENCES ddameron@mfdb.com Anthony Trumbo 916-972-0131 (ext 16) Sr. Director of Educational Technology and Information Systems Ruth Todd Page and Turnbull The Bishop's School 170 Maiden Lane, 5th Floor, San Francisco, 7607 La Jolla Blvd. California 94108 La Jolla, CA 92037 ruthtodd@page-turnbull.com trumbot@bishops.com 415.593.3234 858. 875.0835 Mark R. Gibson, Esq. Bradley, Curley, Barrabee & Kowalski, P.C. 1100 Larkspur Landing Circle, Suite 350 Larkspur, CA 94939 MGibson@professionals-law.com 415.464.8888 Robert S. Pashman, MD Associate Clinical Professor, Board Certified Orthopedic Surgeon Cedar Sinai Medical Center 444 S. San Vicente Blvd, Suite 800 Los Angeles, Ca 90048 310.423.9983 Page 315 7 OWEN GROUP,LP I A BUREAU VERITAS GROUP COMPANY CITY OF RANCHO CUCAMONGA AND RCFPD ADA#20/21-005 IIR 'AN III AT'III II "IIHI . III F The Organization Chart presented below designates Sandra Miles, CASp, ADAC, ICC, as our Project Manager. She will serve as the direct point of contact for the City for the duration on the project. Also identified is Steven Hooper, who will serve as the Project Architect. Steven has served in this capacity for a multiple public agencies requiring ADA Self-Evaluations and Transition Plans and has developed an internal QA/QC program to monitor the progress of each project. � ll 'x f W U(.`hN I NGA KAU WIIJYVIIi�II�VWW�IVj I��!e I��I,Ili i��iflll IIIII � ... n,,,. IIIIIII 1 q�� ,i�i �I�'�•,,.. III I f I I I III e_ Steven Hooper,AIA PE Sandra Miles, CASp,ADAC, ICC Mary Wolford, CASp,ADAC ........................ . e Mathew Hansen Jennifer Etten, CASp Bryon Scott,ADAC Brian Manternach, CASp Mouaz Alrayes h I III III II II ® III umVui illlui' IIIII III IIIII IIIII III II I�I�I(IIIII III Biz Builders JR Conkey Page 316 8 OWEN GROUP,LP A BUREAU VERITAS GROUP COMPANY CITY OF RANCHO CUCAMONGA AND RCFPD ADA#20/21-005 Steven Hooper, AIA, PE l PROJECT ARCHIT .i u� u: / u ui�uu a �u u4 rr u� u a u it u�uu u� u: CIS, *1rJfflr,c;lure CA r1r,r./istered Architect, l''14957 CA Registered Electrical Engineer, E 1l'584 Steven is a licensed architect and electrical engineer with more than 40 years of public works and municipalities project experience encompassing design, project management, peer review, ADA compliance, engineering and construction management. His background as both an architect and engineer allows him to understand all aspects of architectural design, electrical systems design, project programming, space planning, inspection and asset assessments. Steven is responsible for construction probable cost estimation, construction drawings and specifications, permit review coordination with local and state agencies, construction administration, and construction observation. IF ICE IL..IE VAIN T F31130 ECT IE7C1RCE IF II ICE III C ICE City of Commerce,ADA Self-Evaluation and Transition Plan, CA. Principal-in-Charge. Comprehensive ADA Self-Evaluation Plan and transition plan. Work involves conducting ADA evaluations of all public facilities, public right-of-ways, programs, services, and activities, as well as develop a Transition Plan for assisting the City in maintaining compliance. Scope extended to all City owned and operated buildings and facilities, all public rights of way, and traffic intersections and sidewalks. City of Irwindale,ADA Self-Evaluation and Transition Plan, CA. Principal-in-Charge, QA/QC Manager. Performed site and program accessibility compliance audits to identify, prioritize, budget, and implement plans to assist with accessibility requirements. The City program involves city-owned buildings and facilities, including City Hall, council chamber, police department, library, recreation centers, senior centers, swimming pools, public and community parks, churches, public roads and access roads, driveways, curb ramps, and more. As the principal-in-charge working directly with City staff, participating in public outreach meetings and presentations, and supervising the Owen project team and performing QA/QC for all work deliverables. City of South Gate Assessment of Citywide Public Owned & Operated Buildings. South Gate, CA. Principal-in-Charge, QA/QC Manager. Provided evaluations and development of program and facility accessibility plans to implement a comprehensive ADA Self Evaluation pursuant to 28 C.F.R. § 35.105 and an ADA Transition Plan pursuant to 28.C.F.R. § 35.150(d) for City buildings, parks, parking lots, streets, intersections, sidewalks, and related public improvements affecting access by persons with disabilities. Buildings and facilities included over 12 buildings, 9 parks and other recreation areas, sports facilities, City maintenance yards, 3 reservoirs, two elevated tanks, and 11 water wells. Areas in the public right of way included 125 miles of streets, curb ramps, sidewalks, pedestrian actuated push buttons at traffic control signals (83 traffic signals), parking areas, and 34 GATE bus stops and 166 Metro bus stops. Owen's scope includes the survey, review, and analysis of facilities, programs, services, and activities for City owned and leased buildings and areas in the public right of way. Page 317 9 OWEN GROUP,LP 1 A BUREAU VERITAS GROUP COMPANY CITY OF RANCHO CUCAMONGA AND RCFPD ADA#20/21-005 j tAL4F w7«NIA AP'4,'4H47FCTS BOARD � SACRAMICINTC!, CA 9IwF7:I4 thcwoR0 4e aµw ruw+himao9gM&kYhmwurfwNP�°��e�,�loa ,�y R 4' m 916 574, 72,20 LICENSE N'0 C. �w5i dW „ �� VALID UNTIL JUINE 30 2021 RECEIPT 14.0, In ac'mr mcm auiiftt om pruyll0r R wit d@cNiAbo Itidiviirtuudd nomied th4re6n 4, RvenNod a* Afghitncw aMd is subiact 10.'the pruulmr"and T E V I R IR A Y 141 0IP N N aTOVWm bma at Owe> owi t orftla Ardhiijeat auatrL< 26000 AVENIDA AENaOPHATO 157 $AN JUAN CAPISTRANO CA 92675 VU? ----- NON-TRANSIFFRABILE -,,-- iPOST IN PUBLIC VIEW Page 318 10 OWEN GROUP,e | ^BUREAU VERImGROUP COMPANY CITY op RANCHO CUCAMomax AND nCFPDmm*omo1-005 Sandra � � � FlAC Miles, | �� � PROJECT MANAGER 11 IICs114SsmuCs11:::iT|ll:::::|CAr110114S YsAmS 011::::: s�psm|sm�s cemoe��cceoo u���xu�(c���'c� No, 346 ug /oo /nupeolo,/manuE:Xamme'mu' o,,0000 oe'une��ow upeo�xu��cceoo/u��pmeuo�nom�000c�uun *ow Coordinator, omal Plains*ow Center No. umoou4s6'4m,r Registered Access Specialist, rK, No.,4aa Lsso Accredited Professional Sandra has over 29 years of experience in the architecture, engineering and construction industry, specializing in site accessibility projects over the last 19 years. She is a Certified Access Specialist (CASp) in the State ofCalifornia, Accessibility Plans Examiner and |napootor (|CC). Texas Access Specialist (TAS), and a certified ADA Coordinator (ADAC). Her responsibilities include afu|| range of accessibility compliance including: site inapooUona. CA8p roporta, plan rovimw, training. presentations, Title U. Title U|. Fair Housing Act, and private and public multi-housing projects. She iaa recognized expert and has been a regular presenter for the American Institute of Architects San Diogo, A|A Santa Barbara Chapter, and Orange County Chapters and provides ongoing seminars on accessibility and the Americans with Disabilities Act (ADA) including the California Building Codo, PROVVAG, MUTCD. FHVVA, and the Fair Housing Act. She previously served aaa member of the City of San Diego Accessibility Advisory Board and the Board of Directors as Secretary for the CA8p institute (CA8|). [31E11 EVAINT F31130SECT EXRE113111EINCIE City mfSeal BemchAQA Self-Evaluation and Transition Plan, Seal Bemch, CA. Project Manager. Project scope includes identifying existing physical barriers limiting a000aaibi|ity, ensure ADAcompliance at City facilities and right-of-way, devising a prioritization schedule to achieve oomp|ianoo, and providing a planning-level budget to achieve compliance. The Transition Plan includes systematic recommendations for removing identified barriers and complying with accessibility requirements as mandated by the ADA and all applicable codes, atandarda, and regulations. City mfChino On-Call Accessibility Design Drafting And Plan Check Servicea, Chino, CA. Project Manger Owen is currently providing on-call accessibility design, drafting and plan check services for ADA grievance projects and pedestrian accessibility for public works capital improvement projects. The project includes aoopo, design and construction of new improvement and alteration projects in compliance with Federal, State and Local accessibility regulations; including Americans with Disabilities Act, California Building Code and the City ofChino ordinances and policies. City of Pomona A[A Self-Evaluation &Timnaition Plan, Pmmonm, CA. QA/QC Manager. Conducted a self-evaluation of City public facilities, pnogxamo, oarvioao, and activities, to include research, field data ooUoction, and data analysis. City of San Diego Accessibility Advisory Board (AAB). CA. CASp Representative. Served two years as aCA8p representative on the nine member City ofSan Diego Accessibility Advisory Board. The duties on this board are to advise the Mayor and City Council on policies and iaauoa relating to a000aaibi|ity. Advised the Mayor and City Council regarding City compliance with fodora|, state, and local disability and a000aa. Park, Facilities and Playground Master Plan, City mfGoleta, CA. Scope onthe project consisted of physical site aaaoaamont of all existing 23 parka and facilities verifying accessibility compliance. Once data was oo||actad. a report was provided with a summary of the /aou|to. Non-compliant items were identified for |ooa|, atato, and federal compliance. Each item was then categorized for priority and severity ofeach item. Page319 � � OWEN GROUP,LP I A BUREAU VERITAS GROUP COMPANY CITY OF RANCHO CUCAMONGA AND RCFPD ADA#20/21-005 EDSA, MVISHPA 0�' �w'"i'mE rdkl�'W Ili This aS to mify that Sandra Miles Having given Satisfactory demonstration of competency of thL laos and regula6ons rnandafing u),on-dimfillifina0mg accesS W the built envitomnut by pemons w4jj dsa,bIIft*s' IS horpby pgr anted stat,gas as I Certifi`ed Access Specialist Cenftafioam., Ida A,Oak AIA Expira0k,"mj Datc A11pn[22,2101213 Ac afny 5tat@ Ara G1-0 Page 320 12 OWEN GROUP,LP A BUREAU VERITAS GROUP COMPANY CITY OF RANCHO CUCAMONGA AND RCFPD ADA#20/21-005 Mary Wolford, CASp, ADAC / C MANAGER 11::u)11I CA'I'u u4 a ucu,u4 a:s/cul:u �uu::':uc �uou s u��'� u u u,:' u9u:u uu':u4CII: rids, Engineering rir7anacfr,rr enll C,11 +' rtslt ,'f,'&,. � r,fr'f,;t No, 7,17 25 Protrrr;f Management ent C e r'tf'ecl &0,11 C �x rrlff'Ptakw Gr'eW Plain's Q11 BA, Public Administration co m:rrz rr ak)r'"" f� fr'wPil?Il?g certslre wr Ff+:rRT pr rgrary riferrrbef^ Certified f Institute Mary has over 25 years of experience in the field of accessibility, working primarily for the City of San Diego. She is a Certified Access Specialist (CASp) and has completed the ADA Coordinator Certification Program offered by the Great Plains ADA Center. Mary reported directly to the ADA Coordinator of the City of San Diego, and her responsibilities included managing the technical data and scope of work for the City's ADA transition plan and grievance process projects, and offering technical advice to all city departments regarding access laws, codes and how to apply them to the City's responsibilities under Title II of the ADA. Her past assignments included engineering materials testing, land surveying, public works inspection in the public right of way and project management for capital improvement projects. Mary was appointed by the Mayor and City Council to the City of San Diego's Accessibility Advisory Board as of January 2020. This board advises the Mayor and City Council on policy related to ADA compliance and improving accessibility in the City of San Diego. IF ICE 11 EVAINT F3I1 CAI ECT IEXP ICE IF II ICE III C ICE City of Seal Beach ADA Self-Evaluation and Transition Plan, Seal Beach, CA. QA/QC. Project scope includes identifying existing physical barriers limiting accessibility, ensure ADA compliance at City facilities and right-of-way, devising a prioritization schedule to achieve compliance, and providing a planning-level budget to achieve compliance. The Transition Plan includes systematic recommendations for removing identified barriers and complying with accessibility requirements as mandated by the ADA and all applicable codes, standards, and regulations. City of Pomona ADA Self-Evaluation &Transition Plan, Pomona, CA. QA/QC Manager. Conducted a self-evaluation of City public facilities, programs, services, and activities, to include research, field data collection, and data analysis. City of Industry ADA Self-Evaluation &Transition Plan, Industry, CA. QA/QC. Comprehensive ADA Self- Evaluation and Transition Plan. The assessment included City facilities, parks, and right-of-way. Programs, Policies, and Procedures assessment includes City services, activities, employment practices, and communications addressed by ADA regulations. Owen will develop the Transition Plan with estimated costs, and will include the involvement and input of City staff and the public through public workshops. City of San Diego Project Officer II/ADA Compliance Officer, San Diego, CA. Reported directly to and assisted the City's ADA Coordinator. Conducted accessibility field surveys of various city facilities and accessibility plan review of capital improvement projects. Monitored and maintained the City's federally mandated ADA Transition Plan. Page 321 13 OWEN GROUP,LP i A BUREAU VERITAS GROUP COMPANY CITY OF RANCHO CUCAMONGA AND RCFPD ADA#20/21-005 EIDSA lurausluien rlerr,reu� nrr.mrlrr�r This i,to ven y+that Mary Wofford hhWrrr Ir n, t�sPau.t u� dt r iron lr ti n of rFnuro��Uo aruo of the,llkme dumrd rogrulitoons inanid,,,tling norm-rhusaun7un,ting access to throe buuult eunilrmmment by psersons vod'i utu abllities„ is herelay+granted status as n CertifiedcSpecialist, d eniho-a.au on 1,lu CASp 747 ,' drPl i � ;i*aK'aYu;medaam7C)refle Iiu,�iiiY rM iYf:; MA A Oak,AIA �� � fi Va nrxp¢3ui 1��1Ye w >>n r i' hl:'C2 A.-ting'arm#A"Jotea Page 322 14 OWEN GROUP,LP A BUREAU VERITAS GROUP COMPANY CITY OF RANCHO CUCAMONGA AND RCFPD ADA#20/21-005 Mathew Hansen SPECIALISTADA TRANSITION PLAN o �uu a iu� uu u 3)iiu �uc u4 a uu��:u4u / u.. BS A,rc p ac,aEngineering Filemaker cAc/ rc, r1c c P;,r1 7, Sc FrUY 6c rF,., rr UG NX 75 Mathew is responsible for the development of Owen Group's Filemaker Go/Pro software used to collect, assess and catalog data points/areas for improvements during field assessments. Once Matthew collects the data, he uses that information to filter, sort, clean and compile reports. The reports generated allows the client to search our assessment by location, priority, code violations, recommended fixes for each problem, and the cost data associated with fixing the problem. Matthew presents Owen's findings to the City or Client and provides training for these individuals to utilize Filemaker Go/Pro as well. IF ICE 11 EVAINT F31130 ECT IE7C1RCE IF II ICE III C ICE City of Seal Beach ADA Self-Evaluation and Transition Plan, Seal Beach, CA. QA/QC. Project scope includes identifying existing physical barriers limiting accessibility, ensure ADA compliance at City facilities and right-of-way, devising a prioritization schedule to achieve compliance, and providing a planning-level budget to achieve compliance. The Transition Plan includes systematic recommendations for removing identified barriers and complying with accessibility requirements as mandated by the ADA and all applicable codes, standards, and regulations. City of Pomona ADA Self-Evaluation &Transition Plan, Pomona, CA. QA/QC Manager. Conducted a self-evaluation of City public facilities, programs, services, and activities, to include research, field data collection, and data analysis. City of Temecula ADA Self-Evaluation and Transition Plan. Q/QC of Data /Transition Plan Coordination. Complete a full citywide ADA self-evaluation on all public rights-of-way and city facilities and properties. Matthew coordinated on-site data gathered during site surveys, document identified accessibility con-compliance issues, and coordinated the data for the Transition Plan. City of South Gate Citywide ADA Self-Evaluation and Transition Plan, CA. QA/QC of Data /Transition Plan Coordination. Performed ADA site surveys of all City owned building and properties. Included all areas of the Public Right-of-Way. Matthew coordinated on-site data gathered during site surveys, document identified accessibility con-compliance issues, and coordinated the data for the Transition Plan. City of Industry ADA Self-Evaluation &Transition Plan. QA/QC of Data /Transition Plan Coordination. Comprehensive ADA Self-Evaluation and Transition Plan for the City of Industry. Assessment included City facilities, parks, and right-of-way. Programs, Policies, and Procedures assessment includes City services, activities, employment practices, and communications addressed by ADA regulations. Page 323 15 OWEN GROUP,LP A BUREAU VERITAS GROUP COMPANY CITY OF RANCHO CUCAMONGA AND RCFPD ADA#20/21-005 BRYON SCOTT, ADACp r II:DIIRC111 11� C /Cll ll' 'II 'I'll ll�S tllIIS III II II aII..II II II II�OII r�z I „ Business Administration 1 Coordinator r7 � YII II ILII IL..II I Y� �rtslr �'�r�FN rRr Yr +I,�r�rrrr� &+�""��+�;Y,1R (Jr iversify of Missouri 40% Mr. Scott is a Lead Project Manager with BV. He has 21 years of Construction Management and is a Certified ADA Coordinator, and uses this knowledge to identify ADA barriers, minimize litigation risk, improve customer accessibility, and enhance customer satisfaction. Mr. Scott is a regular speaker at ADA Coordinator's meeting on Title II and Title III subjects. As Quality Assurance Manager, he will assist the Program Manager by providing QA/QC review on the data collection and reports. IFS ICE 11 EVAINT IP RO ECT IEXP ICE IF II ICE III C ICE Hayward Area Park and Recreation District, CA ADA Transition Plan, Facility Condition Assessment, and Energy Audit City of Brea, CA ADA Transition Plan of Facilities, Parks, and PROW of 175 Miles of Sidewalk City of Garden Grove, CA ADA Assessment, Facility Condition Assessment City of Redmond, WAADA Study and Transition Plan State of Washington Parks Commission, WA Statewide ADA Survey of 160 Parks University of Nevada, Reno, NV ADA Transition Plan City of Lexington, NC ADA Assessments &Transition Plan City of Wilmington, DE ADA Assessment and Transition Plan; 45 facilities * EMG became Bureau Veritas Technical Assessments LLC on 1.1.2020 Page 324 16 OWEN GROUP,LP A BUREAU VERITAS GROUP COMPANY CITY OF RANCHO CUCAMONGA AND RCFPD ADA#20/21-005 JENNIFER ET TEN, CA Sp .." .* FACILITIES ASSESSMENT T II 11, CA 110 114 11 IICII III II �Cll II�IIII IIC�III II� YlI� II� III � 1 Sa ;r�/atr � pPt1��Accessibility II II'�'�II II�II II�:II�OII'��C IIIIIIC I 11 II 8721667 City of Tracy Site assessment for 73 Parks from small to large neighborhoods City of Pomona Facility Condition Assessment and ADA Transition Plan City of Brea, CA Facility Condition Assessment and ADA Transition Plan City of Garden Grove, CA Facility Condition Assessment and ADA Transition Plan City of Napa, CA Facility Condition Assessment, Barcoding, ADA Transition Plan Hayward Area Recreation and Parks, CA ADA Transition Plan, Facility Condition Assessment, and Energy Audit BRIAN MANTERNACH►....CASp FACILITIES ASSESSMENT T t I DIIRRT III III I IC II II4CII C/RTII IItIIIIIrIIR AI 11I III YI IItC II° II" II II"II IIII'II�OII" IrEEM Bs � uilCir�.)Materials certified rtifie l & / 11" l rir7ariar./rrrr enf, Accessibility fnspr clorlPlans Ely' rHINr r City of Pomona Facility Condition Assessment and ADA Transition Plan Hayward Area Recreation and Parks, CA ADA Transition Plan, Facility Condition Assessment, and Energy Audit City of Napa, CA ADA Transition Plan, FCA, Barcoding Washington State Parks and Recreation Commission,WA 160 Parks, ADA Assessment &Transition Plan City of Redmond, WA ADA Assessment &Transition Plan * EMG became Bureau Veritas Technical Assessments LLC on 1.1.2020 Page 325 17 OWEN GROUP,LP I A BUREAU VERITAS GROUP COMPANY CITY OF RANCHO CUCAMONGA AND RCFPD ADA#20/21-005 M 0 UAZ ALRAYES �a."`":* FACILITIES ASS ES SM ENT �II1I� L..C �IIIII� IIIOII:II4II5/01111i11111'''"IIO "I �5 llll� YII�II' II4II'''" IIII�IIII�IIII��IIII�OII�IC ��� ���II s' Mechanical 7 ower En(pneering City of Seal Beach Facility Condition Assessment &ADA Assessment City of Brea, CA Facility Condition Assessment &ADA Assessment City of Garden Grove, CA Facility Condition Assessment and ADA Transition Plan Hayward Area Recreation and Parks, CA ADA Transition Plan, Facility Condition Assessment, and Energy Audit City of Redmond, WA ADA Assessment &Transition Plan * EMG became Bureau Veritas Technical Assessments LLC on 1.1.2020 Page 326 18 OWEN GROUP,LP A BUREAU VERITAS GROUP COMPANY CITY OF RANCHO CUCAMONGA AND RCFPD ADA#20/21-005 Julian De Los P ra d os DERS ll:::::::u`:�D1L.RCA 11 cu u p 1�:: u14S cut::::: �::IA, Computer Science1S El S 1CII::' II"4 WII'I"'Ih4IIIII1411V GeorgeWashington (Irinrr,r,sr"�S 4 Julian De Los Prados (Co-Founder, biz.builders) has the technical expertise and a computer science background from various industries, including government, healthcare, hospitality and gaming, and offers a vast knowledge base for both large and small businesses. He leads the operations and management of Technical Leads, collecting and analyzing accessibility barriers found during website inspections. Following hundreds of website accessibility inspections, Julian has optimized the inspection approach, process, and deliverables to provide the most significant benefit for his clients. His consultative and individualized approach allows clients to master the learning curve associated with achieving website accessibility. Julian has partnered with compliance specialists, attorneys, and entrepreneurs to navigate guidelines and regulations in the online environment. His experience includes a vast portfolio of expertise with a specialty in online accessibility compliance guidelines. IFS ICE 11 EVAINT IP IF O EC T IEXP ICE IF II ICE III C ICE City of Seal Beach ADA Self-Evaluation and Transition Plan, Seal Beach, CA. Website Accessibility Inspection and Technical Analysis Report. Project scope includes identifying website accessibility inspection existing physical barriers limiting accessibility, ensure ADA compliance at City facilities and right-of-way, devising a prioritization schedule to achieve compliance, and providing a planning-level budget to achieve compliance. The Transition Plan includes systematic recommendations for removing identified barriers and complying with accessibility requirements as mandated by the ADA and all applicable codes, standards, and regulations. City of Pomona ADA Self-Evaluation &Transition Plan, Pomona, CA.Website Accessibility Inspection Project scope includes identifying website accessibility inspection existing physical barriers limiting accessibility, ensure ADA compliance at City facilities and right-of-way, devising a prioritization schedule to achieve compliance, and providing a planning-level budget to achieve compliance. Information Technology. Website Accessibility Inspection -Education, La Jolla, CA Following the completion of ADA accessibility efforts on their physical campus, the Bishops School in La Jolla, California, contracted with biz.builders to provide an assessment and inspection for their over-two-hundred-page website. Based on best practices and Julian's history with accessibility inspections, created as a cost- effective approach for examining a sampling of web pages to accommodate timing and budget restrictions. Deliverables provided include the Website Accessibility Inspection &Technical Analysis report. Two hundred barriers, ranging from minor issues in design and aesthetics to critical barriers affecting the web site's functionality, were found. Ongoing consultation is being provided for the Bishop's School website development team to support questions or additional website accessibility needs as a result of the inspection and assessment provided. Information Technology. Website Accessibility Inspection -Healthcare, San Francisco, CA Following a series of lawsuits targeting the websites of dental practices across California, the law firm Bradley, Curley, Barrabee & Kowalski, P.C. contracted with biz.builders to provide inspections and assessments for a variety of dental practices. A variety of individual websites were assessed and provided with inspection and reporting deliverables to evaluate accessibility barriers and the claims for damages in the associated lawsuits—ongoing consultation provided in the form of support through remediation and consultation. Page 327 19 OWEN GROUP,LP A BUREAU VERITAS GROUP COMPANY CITY OF RANCHO CUCAMONGA AND RCFPD ADA#20/21-005 Scott Ransde« y COST ESTIMATOR I IDIIRC"Ctr 4 of VI II'OII II II I4 /OII 114III II" �CIYr,S uc �ucu�s Yu u� o- a u uar�uu u� u': Californiasity ars of Davis ttl3 Jct Quality trabling certified Mr. Ransdell has 30 years of experience in the construction and construction management industries combining hands-on job site common sense, with an innate understanding of the core principles of project design and construction. IF ICE 11 EVAINT F31130 ECT IEXP ICE IF II ICE III C ICE Delta Community College I Danner Hall,Stockton,CA.Senior Cost Estimator/Project Manager.Prepared a conceptual cost estimate for this project which is a large, phased renovation to the existing student union/ bookstore building. Construction will occur over three phases which will be back to back. Segundo Student Housing, UC-Davis Campus, CA. Senior Cost Estimator/Project Manager. Provided cost estimating services at the 100% DD, the 50% CD and 100% CD phases as well as services for bid analysis, change order requests and application for payment review for the UC-Davis Segundo area high- rises, which have undergone seismic, ADA and fire safety upgrades as well as amenity improvements. College of Alameda, Peralta Community College District, CA. Senior Cost Estimator/Project Manager. Provided cost estimating services for an existing classroom building (Building A) with an area of 28,790 square feet. The scope of work included limited sitework, new elevators, seismic upgrades (foundations, interior and exterior walls), ADA accessibility improvements, new exterior cast-in-place concrete stairs and a complete interior renovation for classrooms, offices and dental labs and classrooms. Estimates were completed at the 75% to the 100% CD submittal. University of California, Davis. Senior Cost Estimator/Project Manager. Campus Improvements and Building Expansion including Parking Garages, Performing Arts Centers, Laboratories, Recreation and Sports Complexes, Hospital and Student Health, Steam Plant and Cogeneration Facilities, Lecture Halls, Seismic Assessment, Student Housing, State of the Art Research Facilities. California State University System. Senior Cost Estimator/Project Manager. Campus Expansion Master Planning at Channel Island and Monterey Bay, Statewide Facility Assessment for all campuses, Stadium Construction, Parking Garages, Administration Buildings, Claims Assessment Page 328 20 OWEN GROUP,LP A BUREAU VERITAS GROUP COMPANY CITY OF RANCHO CUCAMONGA AND RCFPD ADA#20/21-005 �Ip a�, nib�VYI i Ilal�IP I Ills Illnn....li 1' II, I II UI �I I1 ' ® III infiLl,��:i �hI sV C�III r...iif�l f 1 IV „bAl Reports Using and maintaining the database Using and maintaining the project ma 9 9 p ] p Monitoring and updating the ADA Self- Evaluation and Transition Plan Typically, the cities Owen has worked with use the finalized ADA Transition Plan to serve as a programmatic application tool that will identify ra existing and future accessibility needs, document accessibility facility standards, and to provide air". � '4 ii 1✓' I ar design criteria for future facilities development. r ........................... TASK 1: PROJECT MANAGEMENT Management SCOPE OF WORK Under direction from the City, Project Manager Owen understands that the City of RCFPD of Sandra Miles will manage the Owen team and Rancho Cucamonga (City of RCFPD) and Rancho project activities in order to meet the City's project Cucamonga Fire Protection District is requesting schedule and budget. Owen to perform a comprehensive Americans with Kickoff Meeting Disabilities Act (ADA) Self-Evaluation and Transition Owen ADA team including Project Manager Sandra Plan (Project) to comply with various accessibility Miles will attend requested Kickoff meeting to requirements. discuss Project goals, objectives, scope and timeline. Own will prepare meeting minutes, action Owen acknowledges that the scope of work will items, and deliverable log. include Project Management, Public Outreach and Meetings, Self-Evaluation and Programmatic Management and Coordination Review, Physical Barrier Surveys and Reports, Self- Sandra Miles will act as the single-point-of-contact Evaluation and Transition Plan Reports, Inventory and will coordinate with the City, Owen staff, Database and Mapping, Training, and On-call ADA government agencies and other stakeholders. Support(Optional). We understand that the Scope Sandra and the Owen team will prepare, monitor of work will be divided into three phases: and update the project schedule noting milestones and the critical path. If there are delays, Sandra will • Phase I: City and RCFPD Facilities and Fire notify the City and make adjustments accordingly. Stations • Phase II: City and RCFPD Right-of-Way Monthly PDT Meetings • Phase III: City and RCFPD Parks Owen will hold monthly Project Development Team Owen understands this process may be an (PDT) meetings (either in-person or virtually for educational experience for the City staff. Owen will social distancing) to monitor progress of the Project be providing training to City staff in the following and to maintain the budget and schedule. Owen areas: will join bi-weekly teleconference calls if requested by the City and RCFPD. Owen will prepare monthly • Applicable provisions of the ADA and other meeting minutes and action items. federal statutes and regulations • Performing field investigations and assessments Progress Schedule • Preparation of ADA Compliance Assessment Owen will prepare, monitor, and update progress Page 329 21 OWEN GROUP,LP A BUREAU VERITAS GROUP COMPANY CITY OF RANCHO CUCAMONGA AND RCFPD ADA#20/21-005 Progress Schedules in Microsoft Project and ai t PDF Formats (color, 11"x 17") Monthly Progress Reports in PDF Format QA Program guidelines and QC Reports in PDF Formats Task 2: Public Outreach and Meeting Administration r `Jv i y i ii16J Owen will facilitate public workshops and meetings (either in-person or virtually for social distancing) to advise the public, government bodies and elected officials involving the requirements to make reasonable ADA modifications to policies, practices, and procedures. Owen staff is very well experienced with public outreach efforts and will take the leads schedule in the Microsoft Projects format. This will in facilitating public workshops by leading the be maintained throughout the lifetime of the Project meeting, providing, necessary handouts, and power until the Final Report is accepted and closed out. point presentations. Our team will provide meeting We will submit the final report at kick off meeting, announcements, meeting materials, attending monthly PDT meetings, and any special between in and hosting the meetings. This will include Power between. Owen will notify City and RCFPD of any Point presentations, poster boards, graphics, and delays in major or minor tasks and provided detailed handouts will be furnished by Owen. Owen will explanation for any needed time extension requests. provide meeting announcement at least 14 calendar days in advance of meeting date to distribute on the Invoicing City and RCFP's website and social media platforms Owen will submit monthly invoice payments Public Outreach Meeting No. 1 for processing. We will also submit a progress report with each invoice summarizing partially or The first public outreach meeting will be conducted completed scope of work. Administrative time spent at the beginning of the project. The intent of this on invoicing will be consumed by Owen's overhead meeting is to coordinate the announcement to the budget. public that a Self-Evaluation and Transition Plan QA/OC will commence. This will educate the public on the process and components to be completed under Mary Wolford, CASp, will serve as QA/QC Manager the Project, and provide the opportunity for the and will QA/QC all plans, documents, and materials before delivering to the City. public to provide input on future work. This meeting will be an open house/workshop with a presentation Deliverables: made by Owen followed by a questions, answers, • Draft project schedule and public comment workshop. Owen will lead the • Final project schedule meeting, including making the formal presentation • Revised project schedule (if needed) and administering the workshop. The City will • Kick off meeting agenda, schedule, and notes arrange the meeting location and any necessary • Biweekly meetings facility set-up. Deliverables Public Outreach Meeting No. 2 • Meeting Minutes in Microsoft Word Format Owen will conduct another public workshop after • Action Items and Deliverable Log in Microsoft completing the Draft ADA Self-Evaluation and Excel Formats Transition Plan Report. The intent of this meeting Page 330 22 OWEN GROUP,LP A BUREAU VERITAS GROUP COMPANY CITY OF RANCHO CUCAMONGA AND RCFPD ADA#20/21-005 N 1 u u u uV uV4V@uWUV4V 6uusW�6uu'uum6��m��uwrwr � 1 I l I i �j... ��� ,.�%� ��ctl!/, ri'^;�ly o, rN�// "%%H% IIIIIJ�//fir,, J � ,,;, ° i� t, l � s�%r a�i✓l' �1 ,. .. is to present findings and solicit public input the Self Evaluation process. prior to finalizing the report. Owen team will be For programs with no list program accessible, responsibility for leading the meeting and making Owen will help create a list that includes a program the formal presentation. description, number and types of people served, City and RCPPD Council No. 1 and location where the program is held or holds Owen will present the Final ADA Self-Evaluation public meetings. and Transition Plan Report to the City and RCFPD This program includes within the City and RCFPD Council (either in-person or virtually for social Council Chambers and methods used to make distancing) Owen will be making the formal Council-related information accessible to the public presentation including answering questions for must be encompassed. This includes website the public, staff, and/or City and RCFPD Council accessibility inspection which will be provided members. by Biz Builders. Biz builders will ensure that the Deliverables (Pre Meeting) City and RCFPD website program is accessible to people with visual impairment and/or difficult • Meeting Announcements of hearing, checking the City and RCFPD newly • Meeting Materials created website. • Meeting Minutes, and other relevant documentation in any suitable file formats Selecting Key Personnel Owen will conduct a meeting (either in-person or TASK 3: SELF-EVALUATION AND PROGRAMMATIC virtually for social distancing) between various City REVIEW and RCFPD staff members to identify key personnel Available Document Review to represent each department throughout the Owen will review available City and RCPDD Self-Evaluation process. The meeting intent is to documentation such as the municipal code, rules familiarize key personnel with staff surveys and how and regulations, policies, programs, and office the information will be used to assist in the Project. procedures. Owen will identify and assist the City Staff Surveys and RCPD in furnishing any of the above documents for review if it does not exist but required as part of Owen will administer staff surveys to asses the level of program accessibility within each City Page 331 23 OWEN GROUP,LP A BUREAU VERITAS GROUP COMPANY CITY OF RANCHO CUCAMONGA AND RCFPD ADA#20/21-005 Owen will coordinate with City and RCFPD staff G ' and determine which areas are leased or used by other entities that need to be incorporated int he Project prior to surveying. Additionally, Owen will �^ assist the City and RCFPD in reviewing available documentation such as existing agreements to validate party responsible for implementing ADA upgrades. Facility Diagram Owen will assume minimum available as-builts and prepare facility diagrams of each areas to be surveyed to include all interior and exterior spaces open to public access. The facility diagrams will and RCFPD department (i.e. determine whether be schematic/diagrammatic and be limited to reasonable modifications and methods of identifying major building and site components. effective communication are utilized in the City Physical Surveys and RCFPD's pre-employment process as well as Owen will conduct physical surveys of all the areas during employment) Owen will prepare the format identified in the inventory lists and maps supplied and content of the surveys for the Self-Evaluation (or those not listed not mapped but required) to process. Owen will be required to meet each staff determine physical barrier access. Physical surveys member (either in-person or virtually for social will include all pertinent information including distancing) who have completed the surveys to measurements and pictures for available records. discuss the responses. Owen will be responsible for identifying Federal and/or State applicable accessibility standards Deliverables: and codes (i.e. Department of Justice 2010 ADA Standards for Accessible Design and/or 2019 • Draft Staff Surveys in Microsoft Word Format California Building Code). The City and RCFPD will • Final Staff Surveys in Microsoft Word Format review and confirm accessible standards and codes • Completed staff surveys in Microsoft Word prior to performing any physical surveys. Format City and RCFPD Facilities TASK 4: PHYSICAL BARRIER SURVEYS AND Owen understands that there are 14 City and REPORTS RCFPD Facilities existing. Owen will determine Inventory Review specific features to be surveyed based on the Owen will review available inventory lists, past accessible standards and codes determined. accessible studies or reports, and planned capital Specific features may include, but not limited to, improvement projects that may modify existing parking lot spaces and signage; onsite path of City and RCFPD Facilities; Fire Stations; City and travel; stairs and curb ramps; doors and gates; RCFPD Parks; and City and RCFPD Right-of-Way rooms and hallways; restrooms and drinking (i.e. areas). Owen will determine which areas fountains and all other relevant ADA features. Owen provide public access and which areas do not acknowledges that this includes the following: provide public access prior to surveying. Owen 0 City and RCFPD Corporate Yard will distinguish whether areas are planned to be 0 City and RCFPD Hall modified under a capital project need to be included Epicenter/Sports Complex in the survey. 0 Goldy Lewis Community Center Page 332 24 OWEN GROUP,LP A BUREAU VERITAS GROUP COMPANY CITY OF RANCHO CUCAMONGA AND RCFPD ADA#20/21-005 uuuuiu%"�/% canopies/shelters, benches, BBQ's); recreation areas and play equipment; restrooms and drinking fountains and all other relevant ADA features. An �1 electronic copy of the inventory list and/or map are included in the Attachments. e0 Bear Gulch Park Beryl Park East Beryl Park West • Central Park • Church Street Park • Coyote Canyon Park - z Cucamonga/Demens Trail Rest Park • Ellena Park • James Brulte Senior Center Etiwanda Creek Park • Lions Center East Golden Oak Park • Lions Center West Hermosa Park • RC Animal Shelter Lions Park • RC Family Resource Center 0 Day Creek Park • RC Family Sports Center 0 Legacy Park • RC Library 0 Olive Grove Park • RC Police Station 0 Los Amigos Park • Victoria Gardens Cultural Center 0 Milliken Park • Victoria Gardens Library 0 Mountain View Park Fire Stations (Separate Entity) 0 Old Town Park Owen understands that there a total of eight (8) Fire Ralph M. Lewis Park Stations are existing. The Rancho Cucamonga Fire • Red Hill Park District is a separate entity though will be included • Spruce Park as part of this Project. Victoria Groves Park • Vintage Park Owen will determine specific features to be 0 West Greenway Park surveyed based on the accessible standards and 0 Heritage Park codes determined. Specific features may include, 0 Kenyon Park but not limited to, parking lot spaces and signage; 0 Windrows Park onsite path of travel; stairs and curb ramps; doors 0 Victoria Arbors Park and gates; rooms and hallways; restrooms and 0 Rancho Summit Park drinking fountains and all other relevant ADA 0 Garcia Park features. City And RCFPD Right-Of-Way City And RCFPD Parks Owen understands that the project consists of Owen understands that there are a total of 30 surveying existing sidewalks, curb ramps, traffic City and RCFPD Parks are existing. Owen will signals, pedestrian bridges, bicycle facilities, multi- determine specific features to be surveyed based use trails, and on-street parking and has extensive on the accessible standards and codes determined. experience in each type of these facilities. Specific features may include, but not limited to, parking lot spaces and signage; onsite path of Sidewalks travel; pedestrian bridges; stairs and curb ramps; Owen assumes total of 16,948,000 square feet of park buildings, picnic areas; site furnishings (i.e. probable sidewalks are existing, however not part Page 333 25 OWEN GROUP,LP A BUREAU VERITAS GROUP COMPANY CITY OF RANCHO CUCAMONGA AND RCFPD ADA#20/21-005 faulting, vaulting, spalling, and holes. The sidewalk distress methodology for rating sidewalks will be reviewed and approved by the City and RCFPD prior to beginning the sample surveys. Curb Ramps While the City and RCFPD is not providing an existing curb ramp inventory or a rough estimate. We have provided a cost for 3000 for curb ramps based on previous experiences. We understand this will be coordinated with the city during contract negotiations. Owen will perform a complete and detailed curb ramp survey to determine: • Curb Ramp Types • Landings of the scope of this project. Owen will identify the 0 Widths procedure required to collect a detailed sidewalk 0 Slopes survey which includes accessibility and distress 0 Detectable Warning Surfaces inventory. A sample survey will be conducted at a 0 Compliant and Noncompliant high pedestrian area as part of this project with the Owen will conduct a visual inspection to determine intention to have City and RCFPD staff (or future if existing curb ramps, median crossings, and "pork consultant) perform continued sidewalk surveys. chops" islands meet accessibility standards. Curb The sidewalk survey area being sampled is bounded ramps will be marked as serving a facility as an between Highland Avenue to Banyan Street (north arrival point or serving as a street crossing. Curb to south) and Beryl Street to Hellman Avenue (east ramp inspection will be collected in a manner for to west). The sample survey will be compatible with analysis, cataloging, and mapping the City and RCFPD's ArcGIS system and include the following noncompliance features. An electronic Traffic Signals copy of the inventory list and/or map are included in Owen acknowledges that there are a total of 207 the Attachments. signalized intersections and pedestrian signalized • Vertical and Horizontal Displacements crossings are existing. City inventory does not • Excessive Cross Slopes include existing overhead flashing beacons, • Insufficient Widths pedestrian rectangular rapid flashing beacons or • Obstructions high intensity activated crosswalk beacons though it• Distress exists within the City and RCFPD. Therefore, Owen • Missing or Incomplete will determine and include those elements to the Owen disregards sidewalk surveys at driveways but Project. Owen will perform a complete and detailed will provide a procedure toward how non-accessible survey of all applicable elements for compliances driveways can be addressed in the future (i.e. City including, but not limited too: and RCFPD Ordinances). 0Push Button Landing For the sample area, Owen will conduct a walking • Push Button Placement (horizontal and height) survey using applicable handheld GPS devices (or • Accessible Pedestrian Signals equivalent) for analysis, cataloging, and mapping. • Signs Description of public right-of-way evaluation and Pedestrian Bridges procedures are found on pages 29-31. The sidewalk Owen will perform a complete and detailed distress analysis will inventory cracking, patching, pedestrian bridge survey including bridges that Page 334 26 OWEN GROUP,LP A BUREAU VERITAS GROUP COMPANY CITY OF RANCHO CUCAMONGA AND RCFPD ADA#20/21-005 portions of the San Bernardino County Flood 9 Control District Channels that serve as accessible I�, I multi-use trails. Owen will perform a complete and t detailed multi-use trail survey. • Multi-Use Trail Types fi 0 Arrival Points i r(gIl 0 Path of Travels • Slopes 0 Widths 0 Signs �i� Or1-Street Parking While the City and RCFPD has not provided traverse the San Bernardino County Flood Control an existing on-street parking inventory nor is District Channels. it possible to provide a rough estimate and the • Pedestrian Bridge Types Metrolink Station which is jointly owned but the City • Arrival Point and RCFPD maintains the facility has approximately • Path of Travel 960 stalls. For any remaining on-street parking • Slopes stalls that exist (adjacent to certain residential • Widths developments) We have provided an approximate • Railings and will need to coordinated with the City during Bicycle Facilities contract negotiations to determine and include those stalls to the Project. Owen will perform a Owen understands that there are a total of 81 complete and detailed on-street parking stall survey miles of bicycle facilities are existing. The City for state and federal compliance including but not and RCFPD contains various bicycle facilities (i.e. limited to the following items below. Survey will Class 1 Bike Path, Class 2 Bike Lane, and Class 3 be based on CBC, PROWAY, Caltrans, standard Bike Route). Also, the City and RCFPD has one (1) details, and city standard details. bicycle overcrossing bridge and several trailheads that will be included as part of this Project. Owen • Designated Space Types will perform a complete and detailed bicycle facility • Arrival Points survey. Path of Travels • Slopes • Bicycle Facility Types 0 Widths • Arrival Points 0 Signs • Path of Travels • Quantity • Slopes • Widths Owen will review aerial images to identify areas • Signs of existing marked on-street parking stalls. Owen will evaluate and advise the City and RCFPD if Multi-Use Trails additional accessible parking spaces are required A total of 19 miles of multi-use trails are existing. and review current policies and grievances for The City and RCFPD contains various multi-use existing procedures. trails (i.e. Regional, Community, and Horse) that Physical Survey Reports serve pedestrians, bicycles, and/or equestrians. Owen will inventory the Pacific Electric Trail and Owen will document the results from each physical Page 335 27 OWEN GROUP,LP A BUREAU VERITAS GROUP COMPANY CITY OF RANCHO CUCAMONGA AND RCFPD ADA#20/21-005 U , �o HANDICAPPED �j , d E V survey conducted. Owen will produce a binder for non-compliant items will be included in the field each grouped facility listed below that summarizes assessment software, while the non-compliant items a narrative for the scope of work performed under will be the only items included within the printed Task 4 Physical Barrier Surveys and Reports. All report. In coordination with the City staff reports pertinent information such as inventory, facility can be modified to include any items that the City diagrams and physical surveys will be listed and feels will be pertinent for future management. mapped in ArcGIS and added to the City and Deliverables will include pdfs with each facility RCFPD's website for public reference. Each facility being a stand alone report. The report will include will be surveyed for state and federal requirements. the costs, responsible party for oversight at each State requirements will be based on the current facility and the year the City schedules the barrier 2019 California Building Code (CBC) including the removals. latest errata provided by the state. By having our assessment tool in-house we are able to keep the ' City and RCFPD Facilities code references up to date. Fire Stations • City and RCFPD Parks Federal requirements will be based on the 2010 0 City and RCFPD Right-of-Way ADA Standards for Accessible Design (ADAS). All areas within the public access areas will be Deliverables assessed and verified while in the field. We will 0 Inventory List in Microsoft Excel and ArcGIS provide as-builts for both compliant and non- Formats compliant items. Non compliant items will also be 0 Facility Diagrams in Microsoft Excel and ArcGIS photo verified for the report. A sample has been Formats provided for your review under the Filemaker Go 0 Physical Surveys in Microsoft Excel and ArcGIS Field and Pro for a description of our Access Check Format non proprietary program. Both the compliant and Page 336 28 OWEN GROUP,LP A BUREAU VERITAS GROUP COMPANY CITY OF RANCHO CUCAMONGA AND RCFPD ADA#20/21-005 emergency procedures. Assisting Sandra Miles will be Mary Wolford, CASp, ADAC in providing review T , and recommendations for the City policy, practices a' and procedures. In addition to their previous „ experience both are certified ADA Coordinators and have been trained in understanding the nuances / u "f of the policy making procedures within the City as well as the balance of incorporating the input from i/ the public and advocates for accessibility within the area. These policy reviews will range in a variety of forms from effective communication with the public in public meetings, printed materials, webpage accessibility to the Fire districts Emergency TASK 5: SELF-EVALUATION AND TRANSITION Operation plan. PLAN REPORTS Owen will review, identify and summarize the City Self-Evaluation Preparation and RCFPD's policies, practices and procedures Owen will lead the efforts in assisting the City in for all the City and RCFPD's programs, activities the development of the ADA Self-Evaluation scope and services. In addition, an assessment will be of work, necessary and correct procedures that conducted to determine if any City and RCFPD meet all applicable ADA standards and codes, policies, practices and procedures are found as well as the preparation of forms required to be discriminatory. If so, Owen will provide for accurate documentation of data and other recommendations to modify the City and RCFPD's information obtained during the Self-Evaluation policies, practices and procedures in order to process. It is important to remember that the confirm ADA compliance. ADA-Self Evaluation and Transition Plan project Transition Plan Preparation will be a collaborative effort between Owen and City Staff. City staff will need to coordinate, direct, Prior to site assessment Owen to review existing schedule, review and otherwise support Owen's data during site assessments. Owen will identify efforts. In addition, Owen's development of the physical barriers that limit the accessibility of City Self-Evaluation will require the knowledge and and RCFPD programs, activities and services experience of key staff within each City department to any individual with disabilities. A detailed to identify programs, services, activities, policies, description of methods and procedures to upgrade practices and procedures used to provide services accessibility will be documented. Owen will identify the necessary steps required to implement any to the public. The City staffs experience will be key accessibility improvements that exceeds over one to development of a comprehensive and workable strategy for the ongoing equitable access to all (1) year. programs. Owen will include the following, but not limited to: Led by Project Manager Sandra Miles, CASp, RAS, 0Methodology for evaluating and prioritizing ADAC, Owen will review and evaluate the City's physical barrier improvements current policies, programs, and practices to clearly 0Procedures and forms for monitoring, identify any issues which may be discriminatory to supplementing, and filing requests persons with disabilities. Owen has provided these • Schedules and cost estimates for services many municipalities and has developed enhancements policy documents which address program eligibility 0Schematics, concepts and standard drawings requirements, participation requirements, staffing, for corrections transportation, communication, facilities, and 0Identify the responsible party for implementing Page 337 29 OWEN GROUP,LP I A BUREAU VERITAS GROUP COMPANY CITY OF RANCHO CUCAMONGA AND RCFPD ADA#20/21-005 the ADA plans Owen has much experience providing data in ESRI • List references and contact information for ADA ArcGIS formats. We understand the importance resources of providing data to allow the city to administer • Facility Diagrams ongoing monitoring and updating as required to make a "livable" document. Further, the database Owen will collaborate with staff or department(s) to will include all aspects of the Transition Plan as prioritize removal of physical barriers at each facility. mentioned in major and minor tasks above including Owen will consider past, current and future City and measurements and pictures. Our data is propriety RCFPD planning activities. This includes, but not and the database will become the City and RCFPD's limited to: property after completion of the project. • 1991 Trails Implementation Plan ARCGIS • 2010 General Plan • 2015 Circulation Master Plan for Bicyclists & Owen will provide the inventory and data in an Pedestrians ESRI ArcGIS platform. Owen will collaborate with • 2020 General Plan Update (Pending) the City and RCFPD's Department of Innovation • Capital Improvement Program (CIP) and Technology(DoIT) to verify data requirements toward future incorporation into the City and Owen will work with City and RCFPD staff or RCFPD's ArcGIS system. Both a draft and final department(s) to identify capital projects that can inventory database and mapping will be submitted be altered to include physical barrier removal as to the City and RCFPD for review. The City and well as recommend new capital projects that better RCFPD will have 30 calendar days to review and align with the Transition Plan as well as the City and provide comments to the Consultant in-between RCFPD's CIP budget. submittals. Draft ADA Self-Evaluation And Transition Plan Additionally, Owen will update or create inventory Report lists and maps utilizing the ArcGIS system. The Owen will compile and submit a Draft ADA Self- inventory lists and maps will display the physical Evaluation and Transition Plan to City and RCFPD barrier, description, cost estimate, schedule and any staff for review. The City and RCFPD will have 30 other pertinent information required in the Transition calendar days to review and provide comments to Plan. ArcGIS inventory lists and maps to be updated the Consultant. or created include, but not limited to: Final ADA Self-Evaluation And Transition Plan 0 City and RCFPD Facilities Report 0 Fire Stations Owen will address the City and RCFPD comments • City and RCFPD Parks and submit a Final ADA Self-Evaluation and City and RCFPD Right-of-Way Transition Plan to City and RCFPD staff for review. • Sidewalk The City and RCFPD will have 30 calendar days • Curb Ramps to review and provide final comments to the • Traffic Signals Consultant. Pedestrian Bridges • Bicycle Facilities Deliverables 0 Multi-Use Trails • Draft ADA Self-Evaluation and Transition Plan 0 On-Street Parking Report in Microsoft Word Format Deliverables • Final ADA Self-Evaluation and Transition Plan Report in Microsoft Word Format Draft Inventory Database and Mapping in Microsoft Excel and ArcGIS Formats Inventory Database And Mapping Final Inventory Database and Mapping in Page 338 30 OWEN GROUP,LP I A BUREAU VERITAS GROUP COMPANY CITY OF RANCHO CUCAMONGA AND RCFPD ADA#20/21-005 Microsoft Excel and ArcGIS Formats 0 Review Federal and State accessibility Training standards and codes • Modify City and RCFPD programs, services, and Our staff has extensive training background for activities accessibility compliance with Sandra Miles, CASp, . Update Transition Plan inventory list and ICC, ADAC providing over eight years training mapping to a wide ranges of audience providing over 80 0 Monitor and update the ADA Self-Evaluation and presentations for informative and continuing Transition Plan education. Multiple venues have been Title II entities including City of Glendale, City of Long Deliverables Beach, City of Lemon Grove, and City of San Diego. 0 Draft Inventory List and Mapping in ArcGIS Additional audiences include ongoing presentation Format to Mesa College Interior Design classes, AIA San 0 Final Inventory List and Mapping in ArcGIS Diego, Orange County and Santa Barbara chapters, Format APWA San Diego and Imperial Valley chapter, and 0 Hardcopy and electronic copy of required multiple architect and engineering firms. training material. Additionally, Mary Wolford, CASp, ADAC has nine Owen currently provides on call support to many years experience providing training to City staff and local municipalities. These items include plan management for accessibility related items. reviews for ADA compliance, site assessments and Owen to provide power point a staff training session reports, attending City Council meetings to assist on ADA requirements and obligations at the onset with technical expertise, sitting on Accessibility of project. Introducing staff to the project, educate Advisory Compliance Board, and as a resources them on the process, and establish expectations. when questions arise. Owen would count it a privilege to providing ongoing ADA support to the For this project, Owen will include training key City of Rancho Cucamonga in whatever means personnel (either in-person or virtually for social and methods the City could use the support. n any distancing) toward the ADA Self-Evaluation and suitable formats Transition Plan. The intent is to teach key personnel the ability to use, maintain, and update the ADA On-Call ADA Support (Optional) Self-Evaluation and Transition Plan. A total of one (1) On-Call ADA Support thorough training will be conducted to include, but Owen will include a line item in their proposal for not limited to: possible On-Call ADA Support. Scope of work will pw w r „ rah—°, Page 339 31 OWEN GROUP,LP A BUREAU VERITAS GROUP COMPANY CITY OF RANCHO CUCAMONGA AND RCFPD ADA#20/21-005 primarily be providing ongoing be a list of the accessibility barriers found, how technical support to staff or we found each barrier inspected, the severity of department(s) after the Project the barrier found, screenshots if applicable, and has been accepted by the recommendations on how to re-mediate. City and RCFPD. Owen will be Due to the variety of accessibility compliant responsible for tracking hours assessments we are offering the option of a full on a time and material basis. website review in our initial scope. However, Website Accessibility another option of a representative sample of pages Website accessibility may also be valuable. This is addressed as options inspection being presented to in the proposed budget levels on the proposal. the City of Rancho Cucamonga FILE MAKER GO FIELD AND PRO (DESKTOP) uses the most commonly used tools/devices, including NON-PROPRIETARYAND COST SAVING TOOL- Microsoft Windows 10, Google Owen understands the challenges facing the Chrome, Apple Voiceover (for City for accessibility compliance in accessing mobile phones), Apple Safari buildings, parks, and other construction related Talkback, Android (mobile facilities. Owen has developed a non-proprietary phones), and more. Through and cost saving tool called Access Check that over five different manual can be translated to interact with any City protocol tests, our inspectors identify established for ease of use. Through years of precisely what hurdles vision experience compiled over several ADA assessment or mobility impaired website users experience projects, Owen has compiled a Standard Comment when visiting the website. This is the most accurate, Database, that is maintained in house allowing same actionable, and unbiased approach when compared day updates if needed, referred to as Filemaker Pro, to other inspection methods. Our deliverable will which comes preloaded in our portable devices a.A 4 yr y» r w° rG/re ar�rr rGelii G� u/eu rl�iiirrru� r f�urV l I�aa ra dug %/1%'�� 16 ku, i ,yIJ11fP! ,i a HA Page 340 32 OWEN GROUP,LP I A BUREAU VERITAS GROUP COMPANY CITY OF RANCHO CUCAMONGA AND RCFPD ADA#20/21-005 11 (tablets, laptop computers). This allows Owen to state, local, and Federal accessibility standards. BV quickly assess and assign comments efficiently and will document changes in level, horizontal openings, consistently through the use of drop-down options. upheavals, and other pathway events that may pose We have also incorporated a checklist database a barrier or potential hazard in the sidewalk and to provide consistency and quality assurance so street crossing environment. Any major impediments items are not missed during assessments. The clear and obstructions will be recorded. benefits include the following: BV will measure the grade and cross slope of each • Designed for use on the iPad. element of the curb ramp. The barriers of each curb • Application utilizes device's camera to load ramp or the lack of a curb ramp will be documented. images directly from the device into the BV will capture deficiency data for transit stops, database. signalized intersections, and un-signalized • Facility, floor and room fields update the intersections, including access to pedestrian database as new items are entered, creating pushbuttons and the condition and presence of drop down options for re-visiting locations. crosswalk markings • Priority, category, item description and findings The PROW survey will begin in those priority areas utilize drop down options for consistency and that received the highest rank and will then extend efficiency for our field assessors. to the other areas which are part of the rights-of- • Additional manually entered fields are available way list. This evaluation will identify and record for noteworthy occurrences, such as uncommon any gaps in connectivity, potential safety hazards, construction restrictions to ensure Owen can obstructions, missing curb ramps, and general generate the most accurate cost estimates. noncompliance with accessibility regulations, • Information gathered on devices in the field is including the following: uploaded to Owen's servers where the rest of the necessary information, such as codes and Assessment of the Pedestrian Right of Way price tables, are added to the database. (Sidewalks) • Features of the completed database (Filemaker Assessment of Curb Ramps Pro Desktop Solution) Assessment of Pedestrian Crossings, Signalized • Perform quick searches based on any field to Intersections, Un-signalized Intersections quickly gather and sort database information PUBLIC RIGHTS OF WAYASSESSMENT PROCESS • Automatically generate printable Barrier (PROWAP)TECHNOLOGY Summary Reports, diagram and photo reports and Individual item reports. Select items to The BV team will utilize a proprietary PROWAP create custom projects for contractor use. engineered by PathVu to efficiently and accurately Graphic samples of Owen's FileMaker Go are assess the conditions that exist in the sidewalk included in the pages that follow: Pages 34-35 environment within the Client's jurisdiction. An assessment coordinator utilizes pathMet, a pushcart PUBLIC RIGHTS-OF-WAY EVALUATION system, along each sidewalk corridor, which systematically evaluates the sidewalk surface and For the public Rights-of-Way portion of the project environment for compliance with state and federal we've enlisted the help of our affiliated company, accessibility standards. The system automates the Bureau Veritas (BV). process of discovering and documenting changes Prior to initiating the public right-of-way portions of in level, horizontal openings, upheavals, or other the contract, BV will confirm the list of sidewalks, pathway events that may pose a barrier or potential streets and curb cuts that will be analyzed. hazard in the sidewalk environment. The PROWAP BV will systematically survey the sidewalk and street system provides spatial information about the crossing surface environment for compliance with features discovered, including GPS data, a digital Page 341 33 OWEN GROUP,LP I A BUREAU VERITAS GROUP COMPANY CITY OF RANCHO CUCAMONGA AND RCFPD ADA#20/21-005 11 image, and the distance along the stroll path. BV is able to provide an objective high-resolution data that inventories and characterizes sidewalk conditions. The collection device is engineered to meet ASTM standard E3028 with the output providing a route accessibility index allowing for prioritization based upon the customer's needs. Data collection for curb ramps is also effectively streamlined by use of the curbMet tool. The curb ramp data collection tool is used to measure the grade and cross slope of each element of the curb ramp. Once the dimension measurement portion of the curb ramp assessment is finished, the entire assessment is complete, the data output is analyzed and indexed based on the customer's needs. DELIVERABLE The sidewalk data collected is integrated, along with various 3rd party data, into the pathVu data analytics platform and is processed to provide a characterization of a span of the sidewalk. Condition, grade, and curb ramp information are all combined to provide a comprehensive view of a walkability network and enables engineering firms and municipalities can use to prioritize and spec the sidewalk repairs and upgrades. Reports from both data collection tools are combined and presented to the customer in GIS and Shapefiles. The sidewalk and street crossing reports will include the following: • Conversion of field data into the agreed upon format for import and use by the Client. • Spreadsheet data in Microsoft Excel format that contains a worksheet with the collected data for each feature type assessed, as well as a worksheet that contains the best path of travel data. • Relatable tables (including GPS coordinates) in a file that contain the results of the assessment. Page 342 34 OWEN GROUP,LP I A BUREAU VERITAS GROUP COMPANY CITY OF RANCHO CUCAMONGA AND RCFPD ADA#20/21-005 f City of Rancho Cucamonga-City Hall-3 CASp:S.Miles#346 10500 Civic Center Dr. Rancho Cucamonga,CA 91730 Year Built:1977(2019) Comment#: CH-07 Deficiency: Parking-Accessible Stall-Length r The accessible van/car stall is less than 216 inches(18 ft.or 5486 mm)long. Measurement: 181 inches Recommended Remediation: Car and van parking spaces shall be 216 inches(5486 mm)long minimum. ADA does not designate a minimum length for van or car accessible stalls. Floor/Area: Exterior Room/Spot: Accessible Parking Code Compliance: Y/N/NA 2010 ADAS: 502.2 Y Priority: 5 Quantity: 2 each 2019 CBC: 11 B-502.2 N Severity: D Cost Total: $$$$ Comment#: CH-08 Deficiency: Parking-Accessible Stall-Slopes The slope of the van/car stall in any direction exceeds 1:48(2.0%)grade. rr Slopes range from 3.2%to 4.5%at the van accessible stall. Vii411 �IIA� � ' Measurement: 4.5 %grade ' Recommended Remediation: Re-grade and resurface the accessible parking stall. 9 p 9 II 17 �lil f i i Accessible parking spaces and access aisles serving them shall have slopes not exceeding 1:48 in any direction. Floor/Area: Exterior Access aisles shall be at the same level as the parking spaces they serve. Room/Spot: Accessible Parking Changes in level are not permitted. Notes: Accessible Van Stall Code Compliance: Y/N/NA 2010 ADAS: 502.4 N Priority: 1 Quantity: 1 each 2019 CBC: 11 B-502.4 N Severity: C Cost Total: $$$$ ��ppllll IV III IIIIII 8/21/2020 CITY HALL PHOTO REPORT Page 343 35 OWEN GROUP,LP I A BUREAU VERITAS GROUP COMPANY CITY OF RANCHO CUCAMONGA AND RCFPD ADA#20/21-005 City of Rancho Cucamonga Right of Way ADA Assessment Report Priority Definitions Table: Priorities are assigned by proximity(200 yards)to the following Location Types: Priority Location Types* 1 State and Local Government Owned Locations including parks 2 Transporation Facilities and Transit Stops 3 Places of Public Accomodations-Lodging 4 Places of Public Accomodations-Retail/Entertainment/Point of Interest 5 Places of Public Accomodations-Schools 6 Other locations not specified *Full priority locations list provided at the end of this photo report Findings and Code Table: Differing Differing Code Deficiency Finding 2019 CBC 11B 2010 ADAS Tolerances PROWAG Tolerances A Ramp run width is less than 48 406.5.2 406.1 36 inches R304.5.1 inches B Ramp run cross slope is greater than 406.5.7 406.1 R304.5.3 2.0% C Ramp run running slope is greater 406.2.1,406.3.1 406.1 R304.2.2, R304.3.2 than 8.33% D Ramp turning space depth is less 406.3.2,406.5.3 406.4 36 inches R304.2.1,R304.3.1 60 inches than 48 inches E Ramp turning space width does not 406.5.3 406.4 R304.2.1, R304.3.1 48 inches equal ramp run width F Ramp turning space slopes exceed 406.3.2,406.5.3 406.4 R304.2.2,R304.3.2 2.0% G Ramp counter slope exceeds 5.0% 406.5.8 406.2 R304.5.4 H Ramp grade breaks are not flush 406.5.6 406.2 R304.5.2 48 inch clear space is not provided 406.5.9 406.6 R304.5.5 outside of the traffic lanes Detectable warning surface not 406.5.12 N/A N/A R305.2.1,R305.2.2 provided K Ramp flare slope is greater than 406.2.2 406.3 R304.2.3 10.0% 8/21/2020 llllomiii �IVlii 00000m oo �llu YEAR:2025 CURB RAMPS Page 344 36 OWEN GROUP,LP I A BUREAU VERITAS GROUP COMPANY CITY OF RANCHO CUCAMONGA AND RCFPD ADA#20/21-005 11 Ez= As mentioned in the RFP and Addendum see below for fixed fee and schedule. This is also submitted in the Line Item Tab. II IIIIIIII,(IIIIIIII IIIII IIIIIIIIII II �� °°III IIIIIIII ® m IIIIIIII (IIIIIIII 1 11® °1111 II IIIIIIIIIIILII AMII III IIm �II � u Ii11 I° I I Meetings/scheduling(1 meeting per month for 12 months and kick off meeting) 5000 Pre for Self Evaluation Plan review existin documents, uestionairres,etc 5500 Self Evaluation of City Policies/Procedures 9500 Trainin 4500 .................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................... Field Assessments and reports for Facilities 40100 Field Assessments and reports for Fire Stations 18500 Public Outreach 5000 i QC 4500 Preliminary Transition Plan(Facility Plans and report) 16000 Final Transition Plan and GIS mapping/data 6810 Website Evaluation 7000 Presentation to City Council 2000 PHASE 1 TOTAL FEES 124410 IIIIIIIIII ���III � Meetings/scheduling(1 meetinq per month for 12 months and kick off meeting) 5000 Field Assessments and reports for Parks 67120 Public Outreach 5000 QC 2500 Preliminary Transition Plan(Facility„ Plans and report) 5500 Final Transition Plan 3500 GIS mapping/data 5000 Presentation to City Council 2000 PHASE 2 TOTAL FEES 95620 ® Illllllli I® � ���i�illll�lll IIIII III (III �� � � w® 01� °1llllll U�' ® p° � Meetings/scheduling(1 meeting per month for 12 months and kick off meeting) 5000 Field Assessments and reports for Public Right-of-Way,Trails, Bike Paths,and Shared Paths 108,050 Public Outreach 5000 QC 3160 ....................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................... Preliminary Transition Plan(Facility Plans and report) 11500 Final Transition Plan 3500 GIS mapping/data 10000 Presentation to City Council 2000 PHASE 3 TOTAL FEES..... 148210 Page 345 37 Mayor L.Dennis Michael I Mayor Pro Tern Lynne B.Kennedy Council Members Ryan A.Hutchison,Kristine D.Scott,Sam Spagnolo City Manager John R.Gillison 10500 Civic Center Drive Rancho Cucamonga,CA 91730 1 909.477.2700 I www.CityofRC.us October 21, 2020 Owen Group, LP Attn: Richard Henrikson 220 Technology Dr. Suite 100 Irvine, CA 92630 Phone: 949-289-8995 Email: Richard.Henrikson@bureauveritas.com Re: Request for Best and Final Offer("BAFO"), for Request for Proposal ("RFP") #20/21-005 for Americans with Disabilities Act (ADA) Self-Evaluation and Transition Plan. Dear Mr. Henrikson, The City of Rancho Cucamonga (hereinafter the "City") would like to invite Owen Group, LP to submit a BAFO for the above-mentioned RFP. All provisions, instructions, requirements, terms and conditions of the RFP are applicable to this BAFO unless otherwise noted herein. BAFO Request Instructions: An integral part of determining an award for a project of this magnitude is the cost factor. Therefore, it is at this time that the City ask you to revisit your original cost proposal and offer any cost savings or discounts that could be provided to the City without cutting back on quality of services. Please submit your BAFO pricing utilizing the same format as indicated in your original cost proposal as included below. BAFO responses are due on or before Thursday, October 22, 2020 by 12:00 p.m. via email to Hector.Velazquez@cityofrc.us. Please do not hesitate to contact me should you have any questions or required clarifications regarding the instructions for this BAFO. Thank you again for participating in the City's RFP process. Thank you, Owen Group LP acknowledges the above. BAFO on Page 2. Task Fee on Page 3 Hector Velazquez, Procurement Technician City of Rancho Cucamonga Procurement Division Page 346 City of Rancho Cucamonga Best and Final Offer(BAFO) for Request for Proposal("RFP")#20/21-005 for Americans with Disabilities Act(ADA)Self-Evaluation and Transition Plan Item Description UOM QTY. Unit Price Total 1. Phase I: City and RCFPD Facilities and Fire Stations LOT 1 $ 118,000 $ 118,000 2. Phase II: City and RCFPD Right-of-Way LOT 1 $ 93,300 $ 93,300 3. j Phase III: City and RCFPD Parks LOT 1 $ 134,900 $ 134,900 TOTAL $ 346,200 Page 347 Page 2 of 2 p ml puum u m uuu i III „II �� Iill III III �� °u!!!IIIII� .III mum upllllll IIII .m IIII rr IIIIIIIIImII mm IIIIIII II III IIII IIIm (IIIIr Meetings/scheduling(1 meeting per month for 12 months and kick off meeting) 4400 Prep for Self Evaluation Plan(review existing documents questionairres etc) 5000 Self Evaluation of City Policies/Procedures 9500 Training 4500 Field Assessments and reports for Facilities 40100 1 Field Assessments and reports for Fire Stations 16400 1 Public Outreach 4800 1 QC 4000 1 Preliminary Transition Plan(Facility Plans and report) 15100 Final Transition Plan 5400 1 Website Evaluation 7000 1 Presentation to City Council 1800 1 PHASE 1 TOTAL FEES 118000� Ifl flflflf flp Iflflflfl fl flf Iflflflflf If�I�ICI I�I�I�fl If fl Iflflflflflf flf I�Ifl�I�I< <I� flflflfl If�I�I�I�I�I� Iflflflf �I I�I�I�I�I� 111111111111111111111111111111111111111111111111111111111111111111116"""' ��IIII�'ll��I9811111`iiuul�iiii6�'�Iliill ��`� Meetings/scheduling(1 meeting per month for 12 months and kick off meeting) 4400 Field Assessments and reports for Parks 66800 Public Outreach 4800 QC 2000 Preliminary Transition Plan(Facility Plans and report) 5000 Final Transition Plan 3500 GIS mapping/data 5000 Presentation to City Council 1800 PHASE 2 TOTAL FEES 93300 I rll � u r r IIIIIIII I II f Meetings/scheduling(1 meeting per month for 12 months and kick off meeting) 4400 Field Assessments and reports for Public Right-of-Way,Trails Bike Paths and Shared Paths 102400 1f Public Outreach 4800 l QC 3000 1f Preliminary Transition Plan(Facility Plans and report) 5500 l Final Transition Plan 3000 1f GIS mapping/data 10000 l Presentation to City Council 1800 1 PHASE 3 TOTAL FEES 134900� Page 348 1 of 1 0/22/20205:21 PM OWEN GROUP,LP I A BUREAU VERITAS GROUP COMPANY CITY OF RANCHO CUCAMONGA AND RCFPD ADA#20/21-005 11 MEEMMEMEMEM= The City and RCFPD of Rancho Cucamonga Request for Proposal("RFP")#20/21-005 for Americans with Disabilities Act(ADA)Self-Evaluation and Transition Plan "EXHIBIT A,CITY AND RCFPD AND RCFPD OF RANCHO CUCAMONGA CONFLICT OF INTEREST/NON- DISCLOSURE STATEMENT" It is the policy of the City and RCFPD and RCFPD to prevent personal or organizational conflict of interest,or the appearance of such conflict of interest,in the award and administration of City and RCFPD and RCFPD Contracts, including,but not limited to Contracts for Professional Services Agreements("PSA")with potential Consultants. I do not have specific knowledge of confidential information regarding RFP responses received in response to the Request for Proposal("RFP")#20/21-005 for Americans with Disabilities Act(ADA)Self-Evaluation and Transition Plan. 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. Richard Henrikson (Print Name) President (Relationship to the City and RCFPD and RCFPD) President (Relationship to the Consultants) (Signature) Of 08/24/2020 (Date) Exhibits are not to be included in your bid response. All referenced Exhibits must be submitted in Planet Bids system under the Response Types,Exhibits A—H. Page 36 of 44 Page 349 OWEN GROUP,LP I A BUREAU VERITAS GROUP COMPANY CITY OF RANCHO CUCAMONGA AND RCFPD ADA#20/21-005 The City and RCFPD of Rancho Cucamonga Request for Proposal("RFP")#20/21-005 for Americans with Disabilities Act(ADA)Self-Evaluation and Transition Plan "EXHIBIT B,PROFESSIONAL SERVICES AGREEMENT EXCEPTIONS SUMMARY" Mark the appropriate choice, below: X Consultants accepts the PSA without exception. OR Consultants 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 Consultants' 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 Richard Henrikson, LEED, AP Printed Name President Title 8/24/2020 Date Exhibits are not to be included in your bid response. All referenced Exhibits must be submitted in Planet Bids system under the Response Types,Exhibits A—H. Page 350 OWEN GROUP,LP I A BUREAU VERITAS GROUP COMPANY CITY OF RANCHO CUCAMONGA AND RCFPD ADA#20/21-005 11 MMUMEMEEMM= The City and RCFPD of Rancho Cucamonga Request for Proposal("RFP")#20/21-005 for Americans with Disabilities Act(ADA)Self-Evaluation and Transition Plan "EXHIBIT C,ACKNOWLEDGMENT OF INSURANCE REQUIREMENTS AND CERTIFICATION OF ABILITY TO PROVIDE AND MAINTAIN COVERAGES SPECIFIED" Richard Henrikson, LEED, AP the President (President,Secretary, Manager,Owner or Representative) of Owen Group, LP (A Bureau Veritas Company) 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")#20/21-005 for Americans with Disabilities Act(ADA)Self-Evaluation and Transition Plan have been read and understood and that our Consultants is able to provide and maintain the coverage as specified in the PSA. Failure to provide said coverage, upon request 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 Richard Henrikson Printed Name President Title 08/24/2020 Date Exhibits are not to be included in your bid response. All referenced Exhibits must be submitted in Planet Bids system under the Response Types,Exhibits A—H. Page 38 of 44 Page 351 DATE(MM/DD/YYYY) A CERTIFICATE OF LIABILITY INSURANCE I 01,06/2020 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT:If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must have ADDITIONAL INSURED provisions or be endorsed.If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement.A statement on this ��— certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT Aon Risk Services Northeast, Inc. NAME: Aon Risk Services Northeast, Inc. (A/G.No.EXt); 8G6-283-712Z FAX No (800) 363-0105 d NY NY Office E-MAIL p One Liberty Plaza ADDRESS: _ 165 Broadway, Suite 3201 New York NY 10006 USA INSURER(S)AFFORDING COVERAGE NAIC# INSURED INSURER A: AllianZ Global Risks US Insurance CO. 35300 Owen Group Limited Partnership and INSURER B: Hartford Fire Insurance Co. 19682 Henriksen Owen & Associates Limited Partnership INSURERC: Hartford Underwriters Insurance Company 30104 220 Technology Drive, suite 100-110 INSURER D: Trumbull Insurance Company 27120 Irvine CA 92618 USA INSURERE: Hartford Ins Co of the Midwest 137478 INSURERF: Sentinel Insurance Company, Ltd 111000 COVERAGES CERTIFICATE NUMBER: 570080083951 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED.NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. Limits shown are as requested LTR TYPE OF INSURANCE INSD WVD POLICY NUMBER MM/DD/YYY MM/DD/YYY LIMITS A X COMMERCIAL GENERAL LIABILITY USL001 9 20 01/01/2020 Ol Ol 2021 EACH OCCURRENCE $1,000,000 CLAIMS-MADE El OCCUR DAMAGE TO RENTED $1,000,000 PREMISES fEa occurrence VIED EXP(Any one person) $10,000 PERSONAL&ADV INJURY $1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER. GENERAL AGGREGATE $2,000,000 POLICY X PRO- X❑LOG PRODUCTS-COMP/OP AGG $2,000,000 CD 0 OTHER: CD B AUTOMOBILE LIABILITY $1,000,000 10 AB S41202 01/01/2020 01/01/2021 COMBINED SINGLE LIMIT � AOS fEa accident) C X ANYAUTO 10 AB s41203 01/01/2020 01/01/2021 BODILY INJURY(Per person) 0 Z OWNED SCHEDULED HI BODILY INJURY(Per accident) 41 AUTOS ONLY AUTOS R HIRED AUTOS NON-OWNED PROPERTY DAMAGE V ONLY AUTOS ONLY Per accident i d A X UMBRELLALIAB H OCCUR USLOO163320 01/01/2020 01/01/2021 EACH OCCURRENCE $5,000,000 V EXCESS LIAB CLAIMS-MADE AGGREGATE $5,000,000 DED I X RETENTION$10,000 D WORKERS COMPENSATION AND 10WNs41200 01/01/2020 01/01/2021 X I PER STATUTE I OTH- EMPLOYERS'LIABILITYER ANY PROPRIETOR/PARTNER/EXECUTIVE Y/N AOS E.L.EACH ACCIDENT $1,000,000 E OFFICER/MEMBER EXCLUDED? N/A 10WNs41200 01/01/2020 01/01/2021 (Mandatory in i AK ID NY E.L.DISEASE-EA EMPLOYEE $1,000,000 If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $1,000,000-_ A Archit&Eng Prof USF00248020 01/01/2020 01/01/2021 Each claim $2,000,000 claims Made Aggregate $2,000,000 SIR applies per policy terns & condi ions DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES(ACORD 101,Additional Remarks Schedule,may be attached if more space is required) Evidence of insurance. The Architects & Engineers policy includes coverage for Professional Liability and Contractors Pollution Liability. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE - EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. Owen Group Limited Partnership and AUTHORIZED REPRESENTATIVE Henrikson Owen & Associates Limited, Partnership - d Iry Technology Drive, Suite 100-110 re. �11a/z ,e J Irvine CA 92618 USA e>4"o'a sJ cJi' /G ©1988-2015 ACORD CORPORATION.All rights reserved. ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD Page 352 OWEN GROUP,LP I A BUREAU VERITAS GROUP COMPANY CITY OF RANCHO CUCAMONGA AND RCFPD ADA#20/21-005 11 MMEEMEEME= The City and RCFPD of Rancho Cucamonga Request for Proposal("RFP")#20/21-005 for Americans with Disabilities Act(ADA)Self-Evaluation and Transition Plan "EXHIBIT D,ADDENDUM ACKNOWLEDGEMENT" The Consultants hereby acknowledges the following Addenda Number(s)to this RFP have been received,if any. Consultants understands failure to acknowledge any addenda issued may cause the RFP response to be considered non-responsive. It is the Consultants' responsibility to log into the Bid System to identify and download the number of addenda that have been posted. • 1 • 2 3 Signature Richard Henrikson Printed Name President Title 08/24/2020 Date Exhibits are not to be included in your bid response. All referenced Exhibits must be submitted in Planet Bids system under the Response Types,Exhibits A—H. Page 39 of 44 Page 353 OWEN GROUP,LP I A BUREAU VERITAS GROUP COMPANY CITY OF RANCHO CUCAMONGA AND RCFPD ADA#20/21-005 11 EEMEMEZM= The City and RCFPD of Rancho Cucamonga Request for Proposal("RFP")#20/21-005 for Americans with Disabilities Act(ADA)Self-Evaluation and Transition Plan "EXHIBIT E,DEBARMENT and SUSPENSION CERTIFICATION FORM" I certify that neither Owen Group, LP (Consultant) 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 Consultant nor any of its proposed subcontractors are tax delinquent with the State of California. I acknowledge that if Consultants or any of its subcontractors subsequently are placed under suspension or debarment by a local, state or federal government entity, or if Consultants or any of its subcontractors subsequently become delinquent in California taxes,our Proposal will be disqualified. '0 a� l Signature Richard Henrikson Printed Name President Title 08/24/2020 Date Exhibits are not to be included in your bid response. All referenced Exhibits must be submitted in Planet Bids system under the Response Types,Exhibits A—H. Page 354 OWEN GROUP,LP I A BUREAU VERITAS GROUP COMPANY CITY OF RANCHO CUCAMONGA AND RCFPD ADA#20/21-005 The City and RCFPD of Rancho Cucamonga Request for Proposal("RFP")#20/21-005 for Americans with Disabilities Act(ADA)Self-Evaluation and Transition Plan "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 60 _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 and RCFPD and RCFPD 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 Consultants. Successful Consultants will extend prices as proposed herein to other governmental agencies,please specify. YES X _ NO— Exhibits are not to be included in your bid response. All referenced Exhibits must be submitted in Planet Bids system under the Response Types,Exhibits A—H. Page 355 OWEN GROUP,LP I A BUREAU VERITAS GROUP COMPANY CITY OF RANCHO CUCAMONGA AND RCFPD ADA#20/21-005 The City and RCFPD of Rancho Cucamonga Request for Proposal("RFP")#20/21-005 for Americans with Disabilities Act(ADA)Self-Evaluation and Transition Plan I III II 1 11 l 1 1 1 U1 J 1 JJU1 J I I 1111111JIJIllIJ1111111111111J1J11J1J1111111111J11JJIIJJJJIl1JIIlJ1J11J1JI111J1111111111111J1J11J1J1111111111J1 JJIJJJJ �'�i��������������������������������l�l���������l�l����l�l�����������������l�l Company Name City of San Diego Contact Name and Title Alejandra Warner Company Address 5500 Overland Ave. #310, San Diego, CA 92123 Contact Telephone Number 619.236.7246 Contact Email .... .... .... .... .... .... .... adacompliance@sandiego.gov Description of Comparative Services and Project Cost(please be specific) ADA Self Evaluation And Transition Plan III II 11 l 1 1 1 U1 J 1 JJU1 J I I Illlll I � llll IlllllllllJllllllllllll ��I �l��lll�llllll��l�ll IlllllllllJlllllllll 1J111J1J11111J111JIlJJ1JlJ1l1Jl 11111J1lIlIIIIIllJ1llJJJlllllJl 1J1JJJl �� i 1����1�����ll����l�����l��l��l��lll�lllll����llllll�l�lllll��lll�����l��l��l��l�ll�llllll 1111111JIJIllIJ1111111111111J1J11J1J1111111111J11JJIIJJJJIl1JIIlJ1J11J1JI111J1111111111111J1J11J1J1111111111J1 JJIJJJ �'��l��l����l��l��l�l��l����l��l�l��l�ll����l�l�l��ll�l����ll�l��l����l����l��l�lll Company Name City of Pomona Contact Name and Title Laura Lara, Associate Engineer Company Address 505 S Garey Ave, Pomona, CA 91766 Contact Telephone Number 9096202261 Contact Email Lau ra_Lara@ci.pomona.ca Description of Comparative Services and ADA Self Evaluation And Transition Plan Project Cost(please be specific) Exhibits are not to be included in your bid response. All referenced Exhibits must be submitted in Planet Bids system under the Response Types,Exhibits A—H. Page 43 of 44 Page 356 OWEN GROUP,LP I A BUREAU VERITAS GROUP COMPANY CITY OF RANCHO CUCAMONGA AND RCFPD ADA#20/21-005 The City and RCFPD of Rancho Cucamonga Request for Proposal("RFP")#20/21-005 for Americans with Disabilities Act(ADA)Self-Evaluation and Transition Plan "EXHIBIT G"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 and RCFPD 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. I I 1 11 11 1 l 111 ))))ill 1 I1111111111 1lJl ll I I I ll I lJl IJJIJI I 11I11111I � II � 11111� 1111 IIIIJIIJJIJJJJJlJ1lJJlIIIIIJIIIIIIIIIIJIIJJIJIIIIIJIJJIJJJJJlJ11JJlJJJJJJJJJJJIJJJJIJIIJJ � �1111�11111�II�111111I1111111�I111�II�I��II�II�II�11�1111111I�11111I11111I��I111111�11111 111III�lhJJJ1IJJJJJJJIJIIJ�J�JII�JIIIJ11l�lIllll��IhJ1J11JJ11J1IIJ111�1�1hJJJJIJJJJJJJ1JlIJ�J�JIJJJJJJJJJIJJJJIJJJ��JJIJIIJJJJ ���I��II�I��I��I��II��I��I�II�I��I�II�II�III�I���II�I��I��I��II��I��I�II�I����I��� Company Name City of Rancho Cucamonga Contact Name and Title Ty Quaintance Company Address 11200 Base Line Rd. Rancho Cucamonga, CA 91701 Contact Telephone Number 909-774-4102 x4148 Contact Email Ty.quaintance@cityofrc.us Description of Comparative Services and ADA Self Evaluation And Transition Plan Project Cost(please be specific) Company Name City of Huntington Park Public Works Contact Name and Title Daniel Hernandez Company Address 6900 Bissell St, Huntington Park, CA 90255 Contact Telephone Number 323.395.1480 Contact Email citymanager@hpca.gov Description of Comparative Services and ADA Self Evaluation And Transition Plan Project Cost(please be specific) Page 42 of 44 Page 357 OWEN GROUP,LP I A BUREAU VERITAS GROUP COMPANY CITY OF LIVERMORE ADA SELF-EVALUATION AND TRANSITION PLAN The e Cdr'y aim - ���A mr Vmuu�u Jul U. yy m E: LEITER OF NUE Rd`N( OR OWEN G R Uds LIMI"T'ED IIAR INI d6d-diida To Wk'rlorna d H My COrSir°'OW A5 I � o dIYtlP Wllairrlrp,� "rp'4w d ere r aNy mu r ar "iG:Pkl nICGtlLpC1 �v. d.�u:.�V� R �x VQ "III'JC "I�G�drnn "'o n o {.f a Group),p) r^ r �" WfM gyp, �I'p, Pu.M gyp.r :b �U"�l ��I m!"� Il�m�Rdr� kW�,I.Y,Lm��H R �.�IIIYr ��ll ili"'rAm,{r�ddrX. r"a d d Br�rr����rVr'a' �rB�VI11 Mira"Ilr.dl"�' Ya p� J l IM �.. Depa,Iir^r ers at the By of San EXego whKb d;„andm Nfilee s^�rvLo..J as�) Bowd 04,errher fai-.the Cil,f Of Rr Dkp;MEW Hy A dbsmy Boa d (AAB)a nd pb&dde dWVQC d',:uf pnject%aid pVain:s lrie r,A ws f ar,"' a va7nq cud prr er rs, As.Access Cor'n Rancr.,,y fl ° Pi',i°I fir,,Wo r k5 DH�3 1I V.>t I(fflt, I lh)Ukl IP r(5ef`, Q1r) Vhe' Crr.mupa of San Diego,A(,,,es ribr ldr',y iNmti,dvisA:rQ Ward 9aai;f whkh pi;v r specific I Na. pnvolv,�--,.dd u I ���rna w'e. d��V.air puI rapr�M:',;p n the Fr9rh�udlc lOvm�ir'Yks 0�"Ipa Q.a"&.!^KGnt °�I B""wr'Iltl"N w���rl'l:�aYPANgQG::,YJd rr.�r�ll,„IVu,� d!ia'rl..i��>Ilnrh �CVlmviu burrlrlohm to Me dnow"a::d parr hodwr ucnlpw_ T�6s,,6)1j..du.xr, .vav"_ pk,avW d Ixir g We BOW nr,a eknP,% he' ex rnsfi;"Im d"ni7/o4ea of IN Aa c.es•.y...✓Idr's r5,"mlr'r y Sarwr.°yra would pQ"x°:N°A dd' plan m k?"S^9e"if w Ifcr �" -! � r l w s. y l�dryplf j, I iox IP,,ovauIooi ..� �"�"���'���� {�I�Q Nay» mU,x..a:re rp�ud°.�ivr,�,d� 1:�� 4��iW���r.. Cali ngIIE-Aoe d p'aroirng'rkd , ViNla a n I,hv.A V erObl%AdF411s,r' ry Board Ms. Wes provided Qui VII"I rIC"vVenflng(_WI r'd`r gi a k uQ po,t,d rre's rela tpd r"q Iinp i iov r ^ r rry or,SaP, Neg"O s prrkdar,III1!g dI'ns. dxalV�ms. Kles d lscdII prrr';uvi ded highly kroaWdgeake InWlrra l Jbr t70dMi Ong a CIry�'s af,pr' p; ringfci dhe CASp [.xal"I... I' ,ar. hi is has also 1wo&dde d r:afn Mda'r plMp pp pa to Our ORke for my d,)lr' ka Airy'Nw:Ofcordr 4".."A p Wp'1fom she siNr���aar�dW'dd alrr ly o dun e ,r,d�ulr°Ian a+r`r�ri°rA to r e rlrr"g,last"yvea I V' h0p�, ,;r;rw iin d � &� p' � �r �" polh r°r°oy CrWrfuren�' P(3Srtpr)fT r Irdrr?a s l urru {„wwar�lNkt Wu°u.da saraudra n���cu sue,lp � w�ilL�llpure rw,:�ra�afl,,d llu.h ��r rlw°:�d lo.)oki �t pr,�rvwa d t-a Nw' d'pe:�Yd vop can l her lhes0'1uI'°cos Mm i iL�'s a colra rxk,Altpn'r',':. 35, y would IN :atrrrd Ms Wt % l `arry PfU,erg r .nrg to 1_cesarblllp" , Shp dR@s mkd.,YS w.lnMen YmH d"urga udzr'ddl and p. rypaam d rn'n C fUwa-nrra 1, Ipr_ °sr-�Idf and tlfire pl,W'pr, Pl ase,'pe l fhr e to contact r.r' e W &I aqW am aVaddeld"*,"rr-uCG the k1dlam""Atil''"0g ShIcer rlllal' ,,. (Wiice of AQ (-,.omjpli, Ir e.Ln jnr.d cce.,<,rohudlu y 7246 a, Page 358 OWEN GROUP,LP I A BUREAU VERITAS GROUP COMPANY CITY OF LIVERMORE ADA SELF—EVALUATION AND TRANSITION PLAN r Depaftent of Public Works To VVhum This May Concern, On behalf of the Dlty of Huntington Park Public Works Department we are pleased to re,comniend Owen Group as-a DA59 consultantforthe City of Los Angeles_As the Directnr of Put lir,Works, I have worked cbsely with Ma riarn Athanasius, Project Manager, in order to complete the ADA Self-Evaluation and Transition Plan for the City. Mariam and the team at Owen haw provided the needed ser,rioes and have taken the project to completion at City Council in Sopternber 2918. Thank you for considering Owen Graup- If you have any questions, please feel free to contact me at 323-395-148D. S ince re3y, d Daniel Fiemandez Director of Public Works ;hlfV IE:ur 4.ullll q'r'� %: l9.nu'V 11 i'lli ;Hill. uu m ,ll"ill ..0 p+;:nqN 1i3 2 3 u 11510245274 I"45,2fi 4 Page 359 OWEN GROUP,LP I A BUREAU VERITAS GROUP COMPANY CITY OF RANCHO CUCAMONGA AND RCFPD ADA#20/21-005 I I The City and RCFPD of Rancho Cucamonga Request for Proposal("RFP")#20/21-005 for Americans with Disabilities Act(ADA)Self-Evaluation and Transition Plan "EXHIBIT H,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 CONSULTANT 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 and RCFPD,State,Zip) Owen Group, LP (A Bureau Veritas Company) 220 Technology Dr., Suite 100 Irvine, CA 92618 Telephone#: 949.860.4800 Fax#: 949.860.4810 E-mail address: Web Address: Richard.henrikson@bureau.veritas.com www.owengroup.com Authorized Representative:(print) Title: Richard Henrikson, LEED, AP President Signatu Date: 08/24/2020 Exhibits are not to be included in your bid response. All referenced Exhibits must be submitted in Planet Bids system under the Response Types,Exhibits A—H. Page 44 of 44 Page 360 CONSULTANT DESIGN SCHEDULE EXHIBIT `B" Page 361 OWEN GROUP,LP I A BUREAU VERITAS GROUP COMPANY CITY OF RANCHO CUCAMONGA AND RCFPD ADA#20/21-005 mol �� uuo �� mu uo m m IIII ��� IIII m Im' I...�� dIIIVI u1m uu uuuu Illuuu uuuu uuuu Illllu u1m im udlluu uuum uuuu uum uuuu udllmul I�u uuul uuuu fiiiuum udIIIVI uuuu uum uuuu uuul uuuu Project Award ................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................. Kick Off Meeting November 1,2020 ................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................. Due Diligence ................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................. Coordinate with City and obtain required documents November 1,2020-November 13,2020 ................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................. Review of City Policies and Standards November 16,2020- December 11,2020 ................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................. Training&Staff Surveys January 11,2021 to January 15,2021 ................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................. Staff Surveys January 11,2021 to February 12,2021 ................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................. Public Outreach Meeting#1 January 18,2021 to January 22,2021 ................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................. Facility Assessments November 30,2020-January 29,2020 ................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................. Fire Station Asssessments January 4,2021 to January 29th ................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................. Facility and Fire Station Asssessment Reports-completed February 12,2021 ................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................. Website Evaluation January 11,2020 to February 1,2021 ................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................. Self Evaluation Plan and Transition Plan ................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................. Preliminary reports to City February 15,2021 ................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................. City to Review reports February 15 to March 12,2021 ................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................. Incorporate City comments March 15,2021 to March 31,2021 ................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................. Public Outreach Meeting#2 April 5,2021 to April 9,2021 ................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................. Incorporate public outreach comments April 12,2021 to April 23,2021 F'.naL......Re......o.rt...to..t.h.e...C.it.......a.n.d....RC.F.P.D...&...G.I.S...do.c.u.m.e.ntS.................................................................................................................A.....r.12.6.....202.0.1................................................................................ p Y p .C.I t........a.n.�...R C F.P.D...0 o u.n.c.LL..Meet.Ln.............................................................................................................................................................................................................h.a........19.....2.02.1................................................................................... Y g Y mol mm�mm �uo m � �uo m IIII udIIIVI utm uu uuuu Ilu�luu�uu luuul VI utm uu udlluu uuuul uuul uull�lluul u�ul a udl�lllllllllu a uuuu uIIVuI IImlluuul udIIIVI uuuu uuul uuuu uuul uuuu Project Award ................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................. Kick Off Meeting June 1,2021 ................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................. Coordinate with City and obtain required documents June 1,2021-June 4,2021 ................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................. Public Outreach Meeting#1 June 14-June 18,2021 ................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................. Facility Assessments for Parks June 21-August 13,2021 ................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................. Reports for Parks-completed September 3,2021 ................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................. Self Evaluation Plan and Transition Plan ................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................. Preliminary reports to City September 6,2021 ..... ......................................................................................................................................................................................................................................................................................................................................................................................................................................................................................... City to Review reports September 6,2021 to October 8,2021 ................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................. Incorporate City comments October 11,2021 to November 1,2021 ................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................. Public Outreach Meeting#2 November 1,2021-November 5,2021 ................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................. Incorporate public outreach comments November 8,2021 to December 3,2021 FinalReport..to..C.tY.......&..G.I.S..d documents............................................................................................................................................................................De.Gem.ber.. ,2.02.1......................................................................... .City........a.n.d...RAF.P.D...you.n.c.i....iVleet.i.n.........................................................................................................................................................................................................g J.a.n.u.a.rY.......5.....2.01.2.............................................................................. III udIIIVI utm uu uuuu Illllu uJm uum uuul'Muuul uMu�IIVuuum uim uum uuuuuullmlluum udlluu ul a uM ul Vuuuu uuuu Ifiiiuum udIIIVI uuuu uum uuuu uuul uuuu Project Award ................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................. Kick Off Meeting February 1,2022 Coordinate. ..with..CitY.......a.n.d obtain required do.cu.me.ntS...................................................................Feb.ruarY........1......201.2...-February 11,2022 Public .u.bI c""Outrea.c.h...M.e.etin........#.1......................................................................................................................................................................Febru.a.r.......1.4.....2.02.2...to...Feb.ruar........1.g.....2011........................... g Y Y Page 362 38 OWEN GROUP,LP I A BUREAU VERITAS GROUP COMPANY CITY OF RANCHO CUCAMONGA AND RCFPD ADA#20/21-005 ......................................................................................................................................................................................................................................................................................................................................................................................................................................................................................... Facility Assessments for Right-of-Ways (Streets Sampling (13.5 miles),curb ramps,traffic signals,bridges,trails/bike paths,and on street parking stalls) February 21,2022 to May 27,2022 ......................................................................................................................................................................................................................................................................................................................................................................................................................................................................................... Reports for Right of Way May 30,2022 to July 15,2022 ......................................................................................................................................................................................................................................................................................................................................................................................................................................................................................... Self Evaluation Plan and Transition Plan ......................................................................................................................................................................................................................................................................................................................................................................................................................................................................................... Preliminary reports to City July 18,2022 ......................................................................................................................................................................................................................................................................................................................................................................................................................................................................................... City to Review reports July 18 2022 to August 12,2022 ......................................................................................................................................................................................................................................................................................................................................................................................................................................................................................... Incorporate City comments August 15,2022-September 2,2022 ......................................................................................................................................................................................................................................................................................................................................................................................................................................................................................... Public Outreach Meeting#2 September 5,2022 to September 9,2022 ......................................................................................................................................................................................................................................................................................................................................................................................................................................................................................... Incorporate public outreach comments September 12,2022 to October 1,2022 Final Report ..to...City.......&...G.I.S..documents ..............................................................................................................................................................................October ..3.....,20Z.Z............................................................................ City......and ...RC.F PD..Co.u.nc'.'...M.eet.'.n.................................................................................................................................................................................................g October 19,.....2022......................................................................... Page 363 39 DATE: November 4, 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 a Resolution Authorizing the City Manager to Negotiate and Execute Agreements for Real Estate Listing and Broker Services Involving the Purchase or Sale of Real Property. (RESOLUTION NO. 2020-113). RECOMMENDATION: Staff recommends that the City Council adopt the resolution. BACKGROUND: The City from time to time purchases real estate for the development of City facilities, economic development opportunities, and other public purposes. The City also sells real property for economic development and other public purposes or when such real property is no longer needed and declared surplus. ANALYSIS: The City from time to time purchases and sells real properties for public purposes. Various staff assist in the execution of these transactions, but there is often a need for the assistance of a real estate professional to represent the City as the buyer or seller. Effective management of the City's real estate portfolio requires timely action by City staff when listing property or engaging real estate brokers in order to respond to market conditions. In certain cases, it is in the best interest of the City to do so before the City Council can authorize the listing or broker engagement before its next regularly scheduled meeting. The proposed resolution would provide authorizing the City Manager to negotiate and execute in the name of the City of Rancho Cucamonga all agreements, amendments, and other necessary documents in connection with any listing or broker services involving the sale or purchase of real property by the City of Rancho Cucamonga. This does not authorize the City Manager to execute the sale or purchase of a property; any agreement to consummate the sale or purchase of real property will still require City Council consent. FISCAL IMPACT: N/A COUNCIL MISSION /VISION / GOAL(S) ADDRESSED: This resolution is in keeping with the Council's core values of intentionally embracing and anticipating the future, and continuous improvement. ATTACHMENTS: Attachment 1 — Resolution No. 2020-113 Page 364 RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE AGREEMENTS FOR REAL ESTATE LISTING AND BROKER SERVICES INVOLVING THE PURCHASE OR SALE OF REAL PROPERTY A. Recitals. 1. The City of Rancho Cucamonga("City") from time to time purchases real estate for the development of City facilities, economic development opportunities, and other public purposes. The City also sells real property for economic development and other public purposes or when such real property is no longer needed and declared surplus. 2. The City Council believes that effective management of the City's real estate portfolio requires timely action by City staff when listing property or engaging real estate brokers in order to respond to market conditions. In certain cases, it is in the best interest of the City to do so before the City Council can authorize the listing or broker engagement before its next regularly scheduled meeting. 3. Therefore, the City Council finds that it is in the best interest of the City to authorize the City Manager to execute any listing agreement or any agreement for broker services involving a City sale or purchase of real property, as set forth in this Resolution.. 4. Rancho Cucamonga Municipal Code Section 2.08.190 authorizes the City Council, by resolution, to delegate duties and powers to the City Manager as it deems appropriate. 5. All legal prerequisites to the adoption of this Resolution have occurred. B. Resolution. NOW, THEREFORE, the City Council of the City of Rancho Cucamonga hereby resolves as follows: Section 1. The facts set forth in the Recitals, Part A of this Resolution, are true and correct. Section 2. The City Manager is hereby authorized to negotiate and execute in the name of the City of Rancho Cucamonga all agreements, amendments, and other necessary documents in connection with any listing or broker services involving the sale or purchase of real 11231-0001\2470885v1.doc Page 365 property by the City of Rancho Cucamonga. The foregoing authority shall not be construed to authorize the City Manager to execute any agreement to consummate the sale or purchase of real property without the City Council's prior consent. Section 3. The City Clerk shall certify to the adoption of this Resolution. PASSED, APPROVED AND ADOPTED this 4th day of November, 2020. L. Dennis Michael, Mayor I, Janice C. Reynolds, City Clerk, City of Rancho Cucamonga, do hereby certify that the foregoing Resolution was passed at a regular meeting of the City Council of the City of Rancho Cucamonga held on the 4th day of November, 2020, by the following vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: ABSTAINED: COUNCIL MEMBERS: ATTEST: City Clerk, City of Rancho Cucamonga 11231-0001\2470885v1.doc Page 366 DATE: November 4, 2020 TO: Mayor and Members of the City Council FROM: John R. Gillison, City Manager INITIATED BY: Ivan Rojer, Fire Chief Elisa Cox, Deputy City Manager William Wittkopf, Public Works Services Director Joseph Ramos, Emergency Management Coordinator SUBJECT: Consideration of a Resolution Proclaiming Existence of a Local Emergency Due to the Extreme Wind Event That Took Place on October 26 and 27, 2020. (RESOLUTION NO. 2020-114). RECOMMENDATION: Staff recommends the City Council adopt the resolution proclaiming the existence of a local emergency related to the extreme wind event that took place on October 26 and 27, 2020. BACKGROUND: On October 26, 2020, the City of Rancho Cucamonga experienced extreme winds throughout the entire city. Wind gusts were reported by the National Weather Service over 65 MPH and sustained winds consistently over 40 MPH throughout the day. The City's Public Works Department Operation Center (DOC)was activated at 0830 and staff schedules were adjusted to 12 hour shifts to be able to work through the night. The Public Works DOC fielded over 1000 calls and processed over 500 work orders to address damage to public roadways and sidewalks, fencing, block walls, traffic signals, and private property. The City's Risk Management Division fielded over 50 calls for damage claims to private property. ANALYSIS: The emergency proclamation will provide the City with immunity for emergency actions, authorizes issuance of orders and regulations, activates pre-established emergency provisions such as the Council approved Emergency Operations Plan, and is a prerequisite to request State and Federal assistance. Furthermore,the emergency proclamation will allow, during the existence of the Local Emergency, the powers, functions and duties of the emergency organization of the City as prescribed by State Law through ordinances, resolutions, and approved plans of this City. FISCAL IMPACT: At this time, it is unknown what the complete financial impact will be to the City. It is estimated to take weeks, if not months, before the debris removal and damage repair is completed. Costs will include Public Works staff overtime, contractors for debris removal, and replacement of damaged infrastructure throughout the city. The City may have to expend funds from its General Fund, and potentially its reserves, to recover from the extreme wind event. COUNCIL MISSION /VISION / GOAL(S) ADDRESSED: By proclaiming a local emergency, we are ensuring our community continues its efforts to be sustainable and maintain a safe, healthy, and high quality of life for all residents. Page 367 ATTACHMENTS: Attachment 1 - October 2020 Extreme Wind Event Proclamation Attachment 2 - October 2020 Extreme Wind Event Resolution No. 2020-114 Page 2 Page 368 Proclamation CITY OF RANCHO CUCAMONGA STATE OF CALIFORNIA PROCLAMATION OF EXISTENCE OF A LOCAL EMERGENCY WHEREAS, the Chairman/Director of Emergency Services does hereby find that conditions of extreme peril to safety and property has arisen within the City of Rancho Cucamonga, caused by an extreme wind storm event that initially occurred on Monday, October 26, 2020 and continue to Tuesday, October 27, 2020. WHEREAS, This event has impacted the entire city with over 450 work orders to address damage to public roadways and sidewalks, fencing, block walls, traffic signals, and private property; caused the loss of power for some sections of the northern parts of the city; required the activation of the Public Works Department Operation Center;required Public Works staff to adjust schedules to 12 hour shifts; and will require an extensive period of clean up before areas can be returned to normal functions; and WHEREAS, several large wildfires have started in the Southern California region affecting available resources throughout the area; WHEREAS,more significant Santa Ana wind conditions and increased temperatures are predicted for the coming days. WHEREAS, the aforesaid condition of extreme peril warrants and necessitates the proclamation of the existence of a local emergency; and WHEREAS, a proclamation was created on October 27, 2020 and that proclamation has expired on November 3, 2020. NOW THEREFORE IT IS HEREBY PROCLAIMED that a Local Emergency continues to exist throughout the city; and WHEREFORE, IT IS FURTHER PROCLAIMED AND ORDERED that during the existence of said Local Emergency the powers, functions and duties of the emergency organization of the City shall be those prescribed in State law by ordinances, resolutions and approved plans of this City and by the current City of Rancho Cucamonga Emergency Operations Plan as approved by the City Council. IT IS FURTHER PROCLAIMED AND ORDERED that said Local Emergency shall be deemed to continue to exist until its termination is proclaimed by the City Council or it is terminated by operation of law. IT IS FURTHER DIRECTED, that all City Departments shall track costs for staffing, supplies, and equipment related to this local emergency and forward that information to the Finance Department; and Page 369 NOW THEREFORE IT IS FURTHER HEREBY PROCLAIMED AND ORDERED that a copy of this proclamation be forwarded to the Governor of the State of California requesting that the Director find it acceptable in accordance with State law; that the Governor of California,pursuant to the Emergency Services Act, issue a proclamation proclaiming an emergency in the City of Rancho Cucamonga and request a Presidential Disaster Declaration; that the Governor waive regulations that may hinder response and recovery efforts; that recovery assistance be made available under the California Disaster Assistance Act(CDAA); and that the State expedite access to Federal resources and any other appropriate Federal Disaster Relief programs. IN WITNESS WHEREOF the Mayor of the City of Rancho Cucamonga, have hereunto set his hands and caused the seal of the City of Rancho Cucamonga to be affixed at XXX AM this 4 day of November, 2020. Time of Signing L. Dennis Michael, Mayor, City of Rancho Cucamonga Page 370 RESOLUTION NO. 2020-XX RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, PROCLAIMING THE EXISTENCE OF A LOCAL EMERGENCY UNDER GOVERNMENT CODE SECTION 8630 AND RANCHO CUCAMONGA MUNICIPAL CODE SECTION 2.36 WHEREAS, Government Code Section 8630 authorizes the City Council to proclaim the existence of a "local emergency" and, WHEREAS, Government Code Section 8558(c) defines a "local emergency" to include "conditions of disaster of extreme peril to the safety of persons and property within the territorial limits of a City which are beyond the control of the services, personnel, equipment and facilities of the City;" and, WHEREAS, an extreme windstorm event initially occurred on Monday, October 26, 2020 causing the Director of Emergency Services of the City of Rancho Cucamonga, California to declare conditions to extreme peril to safety and property, and, WHEREAS, the windstorm event impacted the entire City. The windstorm resulted in the loss of various species of trees and resulted in extensive damage to public roadways and sidewalks, irrigation systems, traffic signals, fencing, block walls and private property throughout the City; and, WHEREAS, the windstorm event resulted in the loss of power in the City of Rancho Cucamonga for over 24 hours to portions of the City and resulted in the execution of over 450 calls for service. The windstorm event required the activation of the Public Works Department Operations Center; required Public Works staff to adjust schedules to 12-hour shifts; and will require an extensive period of clean up before areas can be returned to normal functions. The conditions described above are beyond the normal capabilities and control of the services, personnel, equipment and facilities of the City of Rancho Cucamonga, WHEREAS, several large wildfires have started in the Southern California region affecting available resources throughout the area; and, WHEREAS, more significant Santa Ana wind conditions and increased temperatures are predicted for the next few days. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Rancho Cucamonga, County of San Bernardino, State of California, in a City Council Meeting assembled on November 4, 2020, that this Council hereby Finds and Declares to exist a state of local emergency in the City of Rancho Cucamonga. BE IT FURTHER RESOLVED that the City Clerk shall forward a copy of this resolution to the Governor, to the State Office of Emergency Services, to the San Bernardino County Emergency Services Division, and to all other appropriate state and federal agencies with an interest therein. BE IT FURTHER RESOLVED AND ORDERED that all City officials and employees cooperate and coordinate efforts with officials and employees of other political Page 371 subdivisions and officials and employees of the state and federal government in bringing the present condition of local emergency and disaster under control. BE IT FURTHER RESOLVED AND ORDERED that the City Manager is in charge of directing City efforts during this emergency and that all City officials and employees cooperate with this person in bringing this emergency and disaster under control. BE IT FURTHER RESOLVED AND ORDERED that the City Manager is hereby designated as the authorized representative of the City of Rancho Cucamonga for the purpose of receipt, processing and coordination of all inquiries and requirements necessary to obtain available state and federal assistance. Please see the following page for formal adoption,certification and signatures Resolution No. 2020-XX - Page 2 of 3 Page 372 PASSED, APPROVED, AND ADOPTED this 41h day of November 2020. AYES: NOES: ABSENT: ABSTAINED: L. Dennis Michael, Mayor ATTEST: Janice C. Reynolds, City Clerk 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 City Council Meeting held on the 41h day of November 2020. Executed this 41h day of November 2020, at Rancho Cucamonga, California. Janice C. Reynolds, City Clerk Resolution No. 2020-XX - Page 3 of 3 Page 373 m m m DATE: November 4, 2020 TO: Mayor and Members of the City Council FROM: John R. Gillison, City Manager INITIATED BY: Anne McIntosh, Planning Director Mike Smith, Principal Planner SUBJECT: Consideration of Urgency Zoning Ordinance No. 976, to be Read by Title only and Waive Further Reading, to Establish an Interim Moratorium for a Period of 45 Days on New Industrial Building Development Located A) Within the Southeast Industrial Quadrant of the City and/or B) Within 500 Feet of Foothill Boulevard. (ORDINANCE NO. 976) RECOMMENDATION: Staff recommends the City Council adopt Urgency Ordinance No. 976, entitled "An Urgency Zoning Ordinance of the City Council of the City of Rancho Cucamonga Enacted Pursuant to Government Code Section 65858 Establishing an Interim Moratorium on New Industrial Building Development on Properties in All Industrial Zones Within the Southeast Industrial Quadrant of the City and/or Within 500 Feet of the Public Right-of-Way of a Segment of Foothill Boulevard, Declaring the Urgency Thereof and Making A Determination of Exemption Under the California Environmental Quality Act (CEQA)" by four-fifths vote, waive full reading, and read by title only. BACKGROUND: Government Code Section 65858 provides, "Without following the procedures otherwise required prior to the adoption of a zoning ordinance, the legislative body of a...city...to protect the public safety, health, and welfare, may adopt as an urgency measure an interim ordinance prohibiting any uses that may be in conflict with a contemplated General Plan, Specific Plan, or Zoning proposal that the legislative body, Planning Commission or the Planning Department is considering or studying or intends to study within a reasonable time. That urgency measure shall require a four-fifths vote of the legislative body for adoption. The interim ordinance shall be of no further force and effect 45 days from its date of adoption. After notice pursuant to Section 65090 and public hearing, the legislative body may extend the interim ordinance for 10 months and 15 days and subsequently extend the interim ordinance for one year. Any extension shall also require a four-fifths vote for adoption. Not more than two extensions may be adopted." Industrial buildings are used for a broad spectrum and variety of uses. These include, but are not limited to, logistics, manufacturing, processing and in some cases commercial office and retail type uses depending on the size, scale, and use of a building. In addition, industrial buildings can be used for a number of other uses that are specifically identified in Title 17, Section 17.32.020 — "Allowed Use Descriptions" of the Municipal Code (see Attachment 1). These other uses include recycling facilities, public storage facilities, storage warehouses, and storage yard. The proposed moratorium would apply to industrial development that is intended for these types of uses. As explained below, these uses can have an impact on surrounding neighborhoods. Page 374 Although there are performance standards that all development must comply with, there currently are no regulations in effect regarding specific and unique operational characteristics of industrial buildings such as days and hours of operations, traffic circulation, vehicle queueing, and the specific type of user within the building. Historically, as Rancho Cucamonga was developing and when vacant land was plentiful, this was not an issue. With very few exceptions, industrial buildings located in industrial zones do not require the submittal of an application for a Conditional Use Permit for review and approval by the City. The only discretionary process required by the City prior to the construction and occupancy/operation of most industrial buildings located in industrial zones is the review and approval of a Design Review application by the Planning Commission. Now that the City has transitioned to an infill type of development, and with the wide scope of potential industrial uses, it is more critical than ever to consider surrounding uses and infrastructure when analyzing days and hours of operation, traffic circulation, vehicle queueing,jobs, fiscal impact and the specific type of user for each individual industrial development proposal. Therefore, staff proposes the subject interim moratorium on new industrial building development. ANALYSIS: Prior to incorporation, the southeastern portion of the City was characterized by packing houses along the railroad serving the citrus and grape growing operations of the region and anchored by heavy industrial operations such as the steel mill and the power generating station between Interstate 15 (1-15) and Etiwanda Avenue. With the adoption of the first General Plan, this industrial development pattern became formalized and has changed little over the years in the south eastern area. By contrast, most of the rest of southern and western Rancho Cucamonga developed with diverse quality industrial development steadily filling the industrial districts further west of 1-15 in a methodical, reasonable manner that was closely coordinated with the construction of new infrastructure to ensure the impacts of new development were minimized. This planned approach has also ensured that public services, particularly those of the Fire and Police Departments, could be provided consistent with those Departments' respective operational criteria. Recently, two trends have converged that put this well-planned approach to managing industrial development, which maximizes community benefits and minimizes community impacts, at risk. First, the decline of retail and the rise of internet-based shopping, with a huge focus on shipments from the ports of Los Angeles and Long Beach, has caused the industrial market in the Inland Empire to accelerate rapidly. The Inland Empire has long been evolving into an inland port where goods produced overseas are offloaded, organized, and shipped to destinations throughout the Western United States. This trend has become even more pronounced with the COVID-19 pandemic. As people moved to online commerce, the demand for logistics space both for trans-shipping as well as last-mile-shipping has greatly increased. As the demand has rapidly increased, industrial operators are having to innovate very quickly and, as such, the nature of industrial operations is changing rapidly, real estate prices are rising rapidly, and land which for decades was fallow, under-utilized or characterized by legacy uses is now turning over and redeveloping at a very rapid pace. The market for industrial land has increased so dramatically that it is now profitable for businesses to purchase established manufacturing business, terminate their leases, and develop new speculative industrial buildings. Recently Rancho Cucamonga has seen several inquiries of this type. Additionally, several legacy heavy industrial uses in the southeastern corner of the city have ended their operations, moving out of state and thereby opening up hundreds of acres of industrial-zoned land for potential redevelopment with millions of square feet of new industrial development possible. In a very real sense, what was little changed for 40+ years could substantially change within less than 5 years. Unfortunately, neither the City's General Plan nor its Development Code anticipated the wholesale turnover of these legacy heavy industrial uses and neither toolset is equipped to facilitate the rational development of large tracts of land with newly evolving industrial uses. Staff is finding that the demand for parking, access and street capacity can be significantly higher than what we have experienced in the past, leading to potential parking and traffic congestion issues. In some cases, the greater truck activity has the potential to impact the operations of other area businesses due to the high volume of deliveries to and from industrial Page 2 Page 375 facilities. Massive inflows of vehicles have the potential to significantly degrade the road infrastructure which was not designed or funded to be maintained at this level of use. Access to sites is a similar concern as there are numerous sites over 50 acres characterized by only one access, inhibiting the City's ability to ensure adequate public safety response. The area of the City where most of this activity and/or interest is occurring is within the southeast industrial quadrant (hereafter referred to as "SEIQ") of the City. The SEIQ is bound by Arrow Route, the City's boundary with the City of Fontana/County of San Bernardino (unincorporated), 41h Street, and I-15 on the north, east, south, and west, respectively. Properties that have an industrial zoning designation within 500 feet of Foothill Boulevard and between Haven Avenue and Milliken Avenue have also been identified as having similar deleterious impacts on existing businesses and City infrastructure (see red shaded areas on Attachment 2). Staff subsequently concluded that the City needs to fully evaluate the impacts of the rapid development of these critical industrial areas on a broader scale because of the following reasons: • General Plan and Development Code: The current General Plan (adopted in 2010) and the Development Code (most significantly updated in 2012) do not have the relevant and applicable goals/policies and regulations to address wholesale change as it was never anticipated that existing, "legacy" heavy industrial (manufacturing) buildings and tenants/uses that were developed decades before the City's incorporation would end operations in a short time frame. Such tenants/uses include Ameron, a manufacturer of concrete pipes for industrial and utility customers, that was formerly located at the southwest corner of the intersection of Arrow Route and Etiwanda Avenue, Commercial Metals Corporation (CMC) who recently announced that it is closing its facility that is located on the south side of Arrow Route immediately to the west of the former Ameron site, and Gen On the former power plant just south of the railroad tracks and west of Etiwanda Avenue. As these multiple existing heavy industrial sites are now becoming available for"redevelopment" in a short time frame, the overall size of the sites (combined) is several hundred acres in area. Similarly, the General Plan and the Development Code do not adequately address industrial buildings along Foothill Boulevard, which has primarily become residential mixed use and retail; additional standards are needed to ensure new industrial buildings are designed and sited to be harmonious with exiting retail and office and residential uses. Neither the General Plan nor the Development Code are fully equipped in their present format to manage a wholesale shift to the new generation of industrial buildings and use for hundreds of acres in the oldest area of the City, an area that pre-dates incorporation. The City is currently in the process of updating the General Plan and the relevant sections of the Development Code. This is expected to be completed by the first quarter of 2022. As part of that process, staff is preparing and evaluating new goals/policies and regulations that will address the changes that are occurring in the SEIQ and new industrial development within it, the impacts of industrial development along Foothill Boulevard, and impacts to the city in general. These goals/policies and regulations then will be incorporated into those documents. • Operational Impacts: The range of impacts caused by the redevelopment of industrial properties are potentially extensive. This is because new buildings are designed as speculative buildings without a specific tenant or use in mind. Without a tenant, typically any evaluation of impacts is based on generalized industrial uses and not on specific end users. This limits the City's ability to anticipate and mitigate the various impacts of these projects. Staff has found that the ultimate tenant greatly affects the nature of the building's use and, therefore, greatly affects the range of potential community impacts. Also, due to economies of scale, large sites are particularly attractive to extremely large-scale buildings, and due to their larger size, also include extensive parking areas for potential truck, trailer, and auto parking that take up multiple tens of acres. As noted above, industrial operations are evolving rapidly Page 3 Page 376 and most buildings these days are built without a specific end user signed to a lease at the time of entitlement. The change is proving difficult to anticipate and manage. Nearby cities have reported severe traffic problems, including long queues of trucks parked in the medians of city streets as they wait to unload, as well as heavy congestion from employees commuting to businesses and large numbers of delivery vehicles leaving industrial facilities overwhelming adjacent intersections, service stations and other uses. The moratorium will allow staff to evaluate how the newer generation of industrial development functions and, if necessary, incorporate requirements and regulations that address and minimize these operational impacts. • Air Quality Impacts and Greenhouse Gas Emissions: The business characteristics of industrial buildings often require the utilization of a large number semi-tractor trucks that operate throughout the day and evening. Due to their volume, there is more diesel fuel usage which, in turn, results in the generation of more air pollution consisting of various toxic gases (such as nitrogen oxides and carbon monoxide) and particulates matter. The operation of these truck can also contribute to the generation of more greenhouse gas emissions. Altogether, air pollutants and emissions can have consequences for human health, especially for those who live in the general area of these industrial buildings, and impact productivity and general quality of life. The increase in industrial development could increase these impacts to levels that had not been previously analyzed. The moratorium will allow staff to evaluate and determine how the newer generation of industrial development impacts air quality and determine if operational requirements and regulations should be implemented. • Fiscal Impact: Industrial buildings produce varied sales and property tax value (dollar per acre) relative to the average revenue received from other buildings and uses in the industrial zones of the City. Depending on the type and size, it can be significantly less than other uses. This results in challenges for the City to manage the operational impacts of industrial buildings. Although large industrial buildings have the potential for generating significant revenue for the City, an analysis of actual sites in the City indicates that they typically underperform the City's average for such revenue often by a substantial margin. With the City's low property tax share, staff has seen losses in revenue per acre as uses like CIVIC which generated both sales and property tax turn over and convert to new industrial uses because the new uses often do not produce much if any revenue beyond property tax. As an example, looking at actual fiscal data for the City, uses on properties of over 20 acres in area underperform by 50% or more relative to properties with an area of less than 20 acres. Industrial buildings with large amounts of parking also perform 50% lower than other projects that require lower amounts of parking. Whereas multiple smaller uses might actually add up to increased revenue, often one large use leads to net revenue loss. This is critical because declining revenues will negatively impact City infrastructure maintenance, public safety and other City services. Large scale industrial uses and/o development on a major property over 20 acres in size are likely to be in use for decades before changing. Failure to address proactively the concerns noted in this report will result in a lost opportunity cost. Without Code changes, more fiscally positive or balanced uses and development are less likely to be constructed on the subject property, which could negatively impact the qualify of life in Rancho Cucamonga. Furthermore, residents should not be expected to increase their tax obligation or see a decline in services to their neighborhoods in order to subsidize large scale industrial uses. The Fire District is currently investing in reduced travel times by relocating an older station and planning to construct two new stations. In addition to ensuring adequate circulation in the SEIQ, the Fire District shares the City's interest in ensuring that value per acre of industrial property is maximized to maintain both the Fire District and City in a healthy revenue and expenses ratio. Maximizing the value per acre of the industrial property that is available will provide revenue to support the Fire District and the City and limit the need for other revenue sources as well as lower existing CFD assessments. This results in residents and businesses having a lower tax obligation which, in turn, increases disposable income and re-investment in the local economy. Current investments in reducing travel time and improving Page 4 Page 377 fiscal stability could be negated by development in the SEIQ if the impacts to the existing street network are not addressed. • Traffic Impacts: The operational characteristics of industrial buildings are evolving rapidly. Some tenants of industrial buildings have begun to need large areas for parking (often nearly half the land area of a project site). As a result, developers have been incorporating these large parking areas into the initial submittal as they are anticipating that this will be the case for many tenants. Also, they now need to accommodate long queues of semi-tractor trucks. For example, staff recently had a conversation with staff in the City of Chino, and in one instance, their staff observed a queue of about 120 semi-tractor trucks at a single industrial building. The queue was estimated to be about 1.25 miles in length. Because there was insufficient parking on the site of the industrial building that the drivers were waiting to access, they parked their trucks in the median of the streets located in the general area. This presents issues for public safety due to trucks parking in areas that obstruct traffic and visibility (particularly of the drivers who may be outside their trucks and oncoming, unrelated traffic not anticipating such traffic), air quality and greenhouse gas emissions due to idling trucks, and the impact on surrounding businesses that are not within industrial buildings, or are not industrial uses, but utilize the same streets. The moratorium will allow staff to evaluate and determine how the newer generation of industrial development impacts traffic circulation and determine if new and modifications to the city's street and street network standards and guidelines should be developed. • Public Safety: Proposed uses that create significantly more traffic without increasing road capacity or creating additional street network and circulation have the potential to adversely impact the response time to emergencies. Travel time is the element of total response time that can have the greatest impact on how long it takes emergency responders to arrive and begin providing emergency services. The additional truck, delivery van, and automobile traffic that is known to be associated with the changing industrial development has the potential to increase travel time when the existing street network is required to support the additional vehicles and cause traffic congestion. The moratorium will allow staff to evaluate and determine how the newer generation of industrial development impacts public safety and determine if new operational requirements and regulations should be implemented. • Employment: The City's economic development strategy includes a shift to an economic model characterized by having a business environment that is diverse and includes a combination of professional, technical, innovative, creative, and general service businesses. These, in turn, would provide employment opportunities for a diverse workforce that consists of knowledge-based, highly skilled, and entry level workers. The intent also is to create a community where the city's residents are employed in the city instead of having to commute from the city daily for job centers located outside the city. Similarly, the employees within this sector could also be residents. This would assist in reducing traffic congestion and long commutes as residents would not have to drive to/from job centers located outside the city. By providing higher paying employment, this will allow employees the greater ability to afford housing in the city and expand their patronage of the city's existing commercial, restaurant and retail businesses which would be an economic benefit. The moratorium will allow staff to evaluate and determine how the newer generation of industrial development conforms with the City economic development strategy. PROPOSED MORATORIUM: The City has an obligation to ensure that industrial building development has minimal impacts to the city and that the benefits to the city's existing and future residents are maximized. Staff believes there is a current and immediate threat to the public health, safety and welfare that is presented by proposals to develop new industrial buildings within a) the SEIQ and/or b)within 500 feet of Foothill Boulevard between Haven Avenue and Milliken Avenue, and that a moratorium is necessary. Page 5 Page 378 The City is proposing a short-term, interim moratorium that will apply to the issuance of building permits and other land use entitlements, such as, new Design Review applications for industrial building development within the above-noted areas of the city that had not been submitted to the City on or before October 1, 2020. This will allow time to evaluate the General Plan, the Development Code, and the Zoning map (where applicable/necessary) to achieve a reasonable level of assurances that there will not be serious negative impacts to the overall Community and ensure a positive and mutually acceptable set of outcomes for the City's residents, business community, property owners, and industrial developers. The moratorium will not apply to the improvement, renovation, or demolition of an existing industrial building so long as a Design Review application is not required. The time the moratorium provides will allow for a comprehensive analysis of this newer generation of industrial buildings that are being proposed in rapid succession. The City will be able to thoroughly and in detail analyze the impacts on public health such as air pollution and greenhouse gas emissions; impacts on public safety related to the provision of services for fire protection, fire department access, and emergency vehicle access routes; and impacts on the public welfare due to traffic generated by the tenants/users of these industrial buildings and fiscal impacts to the City and its reserves and operating revenue. These analyses will give staff the data to determine with a greater degree of certainty the impacts to public health, safety and welfare and propose standards which facilitate enriched redevelopment which continues to provide for the high quality of life in Rancho Cucamonga. The City is already in receipt of applications for industrial development within the SEIQ and the Foothill Boulevard corridor described above. Two of those applications, which are furthest along in processing and are not proposed to be impacted by this moratorium include: • A proposal by Bridge Point Rancho Cucamonga that is located at the north side of 41h Street and about 2,300 feet west of Etiwanda Avenue that consists of two buildings with a combined floor area of about 2.2 million square feet on a property of about 90 acres • A proposal by Hillwood Development Company that is located at the north side of Napa Street and east of Etiwanda Avenue that consists of 2 buildings with a combined floor area of about 650,000 square feet on a property of about 36 acres. Although the proposed moratorium would not apply to these pending applications already under review by the City, the applications demonstrate the development trends that support the urgent need for a moratorium to allow the City time to consider the issues described above, before other larger sites are developed. Pursuant to Government Code Section 65858, the initial term of the moratorium is 45 days (expiring on December 19, 2020). Because staff does not anticipate completing the work required to incorporate new industrial development regulations into the General Plan and Development Code within this 45-day period, staff expects to bring a further ordinance to extend the term of the moratorium to the end of June or July, 2021. Ten days before the proposed extension, staff will provide a report to the City Council for consideration that identifies steps to address the potential impacts caused by industrial development during the moratorium's initial term. FISCAL IMPACT: None with this action, however, failure to implement this moratorium could have significant negative fiscal impacts. COUNCIL MISSION /VISION / GOAL(S) ADDRESSED: Enacting an interim urgency ordinance on industrial building development that is a)within the SEIQ and/or b) within 500 feet of the right-of-way of Foothill Boulevard between Haven Avenue and Milliken Avenue will further the City Council's goals for efficient and effective traffic circulation, superior provision of public safety services, affordable housing, and the attainment of economic development diversity. Page 6 Page 379 ATTACHMENTS: Attachment 1 —Section 17.32.020 -Allowed Uses Descriptions (Municipal Code excerpt, Industrial Uses only) Attachment 2 — Map of the Areas that are Subject to the Proposed Moratorium Attachment 3— Draft Urgency Ordinance No. 976 Page 7 Page 380 10/27/2020 17.32.020 Allowed use descriptions. storage lots for automobiles (excluding recreational vehicles),trucks, and buses. Does not include retail sales (see Auto and vehicle sales,wholesale). 6. Auto parts sales. Stores that sell new automobile parts,tires, and accessories. May also include minor parts installation(see Vehicle services). Does not include tire recapping establishments,which are found under Vehicle services,major, or businesses dealing exclusively in used parts,which are included under Auto and vehicle sales,wholesale. 7. Car washing and detailing. Permanent, drive-through, self-service, and/or attended car washing establishments, including fully mechanized facilities. May include detailing services. Temporary car washes (e.g., fundraising activities generally conducted at a service station or other automotive-related business,where volunteers wash vehicles by hand and the duration of the event is limited to one day)are not part of this use classification. 8. Recreational vehicle storage. Facilities for the storage of recreational vehicles for limited periods of time. 9. .Service station. A retail business selling gasoline or other motor vehicle fuels. May include a convenience store.Vehicle services which are incidental to fuel services are included under Vehicle services,minor. 10. Vehicle services, major. The repair, alteration, restoration,towing,painting, or finishing of automobiles, trucks,recreational vehicles,boats, and other vehicles as a primary use, including the incidental wholesale and retail sale of vehicle parts as an accessory use. This use includes major engine and/or transmission repair and bodywork-repair facilities dealing with entire vehicles; such establishments typically provide towing, collision repair,other bodywork, and painting services and may also include tire recapping establishments. 11. Vehicle services, minor. Minor facilities specialize in limited aspects of repair and maintenance (e.g., muffler and radiator shops, quick-lube, smog check, and tires). Does not include repair shops that are part of a vehicle dealership on the same site (see Auto and vehicle sales) or automobile dismantling yards,which are included under Recycling facility, scrap and dismantling. G. Industrial, manufacturing, and processing uses. 1. Commercial(secondary/accessory) Industrial. On-site,retail sales of products within an industrial building (the subject building) for walk-in customers and/or will call customers who order products via the internet/telephone or at a separate location such as a retail store. This use is secondary/accessory to the primary industrial use(s)that occur on-site and/or within the subject building, such as manufacturing,wholesale, storage, and distribution. The products available for retail sale shall be limited to products that are manufactured on-site or within the subject building,that are primarily sold on a wholesale basis, and/or are stored in, and/or distributed from,the subject building. Such products include,but are not limited to: a. Personal/home electronic equipment and accessories; b. Home improvement materials (tile, flooring, carpet,wall covering, etc.); and c. Automotive accessories (wheels,tires, engine components, etc.). This classification allows,but does not require physical retail and/or display/showroom space within the subject building. If such space is proposed/required,then the floor area used for that purpose shall only occupy the floor area that was originally designated for the office of the subject building, or 25 percent of the gross floor area of the subject building,whichever is less, and shall be subject to the parking requirements for retail uses as described in Table 17.64.050-1 —Parking Requirements by Land Use. Use of, and/or expansion into, areas of the building previously designated for storage,warehousing, or manufacturing is only permitted if it is demonstrated that the number of parking stalls that exist on-site for the overall subject building complies with the parking requirements described in Table 17.64.050-1. A use not permitted to operate as a principal use, such as a marijuana dispensary, is not permitted within this land use classification. A use that requires a conditional use permit, entertainment permit, or adult entertainment permit in order to operate as a principal use is subject to the same permitting requirements within this land use classification. 2. Commercial(re purposing) Industrial. A set of multiple commercial uses operating together as subtenants in a building that was originally designed for a single industrial tenant such as a warehouse, or a single commercial tenant such as a department store. This land use classification applies only to commercial uses that, individually, could not utilize the entire floor space of the subject building and,therefore,would not operate as the sole,primary tenant of the building. This classification does not apply to single tenants/uses that Page 381 qcode.us/codes/ranchocucamonga/view.php?topic=17-iii-17_32-17_32_020&frames=on 12/15 10/27/2020 17.32.020 Allowed use descriptions. could utilize the entire floor space of the subject building. Characteristics of this land use classification include, but are not limited to: a. An open floor plan with tenant demising walls that do not extend to the ceiling; b. Exterior wall signs that only provide identification of the subject building; c. Common,non-exclusive floor area within the interior of the building, and the exterior in the vicinity of the building,for use by the customers of all tenants; d. Tenant spaces with no direct access to the exterior of the building; and e. Shared parking. All proposals for re-purposing buildings shall require the submittal of a conditional use permit for review and approval by the planning director, and the submittal of a parking study prepared by a qualified traffic/parking engineer for review and acceptance by the director of engineering services/city engineer and planning director. With the exception of specific uses identified in Table 17.30.030-1, a use that is not permitted to operate as a principal use, such as a marijuana dispensary,is not permitted within this land use classification. A use that requires a conditional use permit, entertainment permit, or adult entertainment permit in order to operate as a principal use is subject to the same permitting requirements within this land use classification. 3. Fuel storage and distribution. A large-scale facility where fuel (such as propane and gasoline)is stored and distributed without retail sales. 4. Manufacturing, custom. Activities typically include,but are not limited to,manufacturing,processing, assembling,packaging,treatment, or fabrication of custom-made products. These types of business establishments do not utilize raw materials for their finished products,but rather may utilize semi-finished type of manufactured materials for their custom made-to-order products. The finished products from these business establishments are ready for use or consumption and may include on-site wholesale and retail of the goods produced. Examples of custom manufacturing uses include,but are not limited to household furniture, apparel products, electrical instruments signs and advertising displays, and assembly of bicycle parts. The uses do not produce odors,noise,vibration, or particulates that would adversely affect uses in the same structure or on a same site. Where 24-hour on-site surveillance is necessary, a caretaker's residence may be permitted when approved by a conditional use permit. 5. Manufacturing, heavy. Activities typically include,but are not limited to,manufacturing, compounding of material,processing, assembly,packaging,treatment, or fabrication.Activities in this area may have frequent rail or truck traffic and the transportation of heavy, large-scale products. Activities in this area may generate noise, odor,vibration,illumination, or particulates that may be obnoxious or offensive to persons residing in or conducting business in the vicinity. Characteristics of activities permitted within this area may include massive structures outside of buildings such as cranes, conveyor systems, cooling towers, or unscreened open-air storage of large quantities of raw, semi-refined, or finished products. Uses typically include,but are not limited to, computer assembly plants,power plants, industrial fabrication facilities, concrete product manufacturing activities, and aggregate or asphalt yards.Where 24-hour on-site surveillance is necessary, a caretaker's residence may be permitted when approved by a conditional use permit. 6. Manufacturing, heavy, minimum impact.Activities typically include,but are not limited to, manufacturing, compounding of material,processing, assembly,packaging,treatment, or fabrication activities which may have frequent rail or truck traffic or the transportation of heavy,large-scale products. Activities in this area may generate noise, odor,vibration,illumination, or particulates that may be obnoxious or offensive to persons residing or conducting business in the vicinity. Uses typically utilize raw materials to fabricate semi- finished products which include,but are not limited to,metal fabricating facilities, open welding shops, lumber woodworking facilities,heavy machine shops, chemical storage and distributing, and plastic plants.Not permitted within this area are uses that require massive structures outside of buildings such as cranes or conveyor systems or unscreened open-air storage of large quantities of raw, semi-refined, or finished products. 7. Manufacturing, light. Activities typically include,but are not limited to,labor-intensive manufacturing, assembly,fabrication, or repair processes which do not involve large container truck traffic or the transport of large-scale bulky products,but may include limited rail traffic. The new product may be finished in that it is ready for use or consumption or it may be semi-finished to become a component for further assembly and packaging. These types of business establishments are customarily directed to the wholesah-gigit, inter-plant gcode.us/codes/ranchocucamonga/view.php?topic=17-iii-17_32-17_32_020&frames=on 13/15 10/27/2020 17.32.020 Allowed use descriptions. transfer, rather than direct sale to the consumer. Such uses may include,but are not limited to, electronic microchip assembly;printing,publishing, and allied industries; candy and other confectionery products; bottled or canned soft drinks and carbonated water; apparel and other finished products; paperboard containers and boxes; drugs; and small fabricated metal products such as hand tools, general hardware, architectural, and ornamental metal work and toys, amusement, sports, and athletics goods. The activities do not produce odors, noise,vibration,hazardous waste materials, or particulates that would adversely affect other uses in the structure or on the same site. Where 24-hour on-site surveillance is necessary, a caretaker's residence may be permitted when approved by a conditional use permit. 8. Manufacturing, medium. Activities typically include,but are not limited to,manufacturing, compounding of materials,processing, assembly,packaging,treatment or fabrication of materials and products which require frequent large container truck traffic or rail traffic, or the transport of heavy,bulky items. The new products are semi-finished to be a component for further manufacturing, fabrication, and assembly. These types of business establishments are customarily directed to inter-plant transfer or to order from industrial uses, rather than for direct sale to the domestic consumer. Such uses may include,but are not limited to, canned food;textile products; furniture and fixtures; converted paper and paper board products;plastic products made from purchased rubber,plastic, or resin; fabricated metal products made from sheet metal; electrical and electronic machinery, equipment, and supplies; and office, computing, and accounting machines. These activities may produce noise, odors,vibrations, illumination, or particulates that affect persons residing in or conducting business in the vicinity. Where 24-hour on-site surveillance is necessary, a caretaker's residence may be permitted when approved by a conditional use permit. 9. Microbrewery. A small-scale brewery operation dedicated to the production of specialty beers and producing less than 15,000 barrels (465,000 U.S. gallons)per year. Ancillary on-site tasting and/or retail sales of beers produced on-site for off-site consumption may be permitted when approved by a conditional use permit. 10. Printing and publishing. Establishments engaged in printing by letterpress, lithography, gravure, screen, offset, or electrostatic(xerographic) copying, and other establishments serving the printing trade including bookbinding,typesetting, engraving,photoengraving, and electrotyping. This use also includes establishments that publish newspapers,books, and periodicals, and establishments manufacturing business forms and binding devices. Does not include "quick printing" services or desktop publishing which are included in "business support services." 11. Recycling facility, collection. A recycling facility used for the acceptance by donation,redemption, or purchase of recyclable materials from the public that does not occupy more than 500 square feet. This classification may include a mobile unit,kiosk-type units that may include permanent structures, and unattended containers placed for the donation of recyclable materials. Also includes so-called "reverse vending machines,"an automated mechanical device that accepts one or more types of empty beverage containers including,but not limited to, aluminum cans, glass bottles, and plastic bottles, and issues a cash refund or a redeemable credit slip with value of not less than the container's redemption value as determined by the state. 12. Recycling facility,processing.A recycling facility located in a building or enclosed space and used for the collection and processing of recyclable materials. Processing means the preparation of material for efficient shipment or to an end-user's specifications by such means as baling,briquetting, compacting, flattening, grinding, crushing,mechanical sorting, shredding, cleaning, and remanufacturing. Collection of recycling materials as the sole activity is included in the definition of Recycling facility, collection. 13. Recycling facility, scrap and dismantling. Uses engaged in the assembling,breaking up, sorting, temporary storage, and distribution of recyclable or reusable scrap and waste materials. This use does not include landfills or other terminal waste disposal sites. Also see Auto Vehicle Dismantling for related use for automobiles. Collection of recycling materials as the sole activity is included in the definition of Recycling facility, collection. 14. Research and development. Indoor facilities for scientific research, and the design, development, and testing of electrical, electronic,magnetic, optical, and mechanical components in advance of product manufacturing,that is not associated with a manufacturing facility on the same site. Includes,but is not limited to, chemical and biotechnology research and development. Does not include computer software companies Page 383 qcode.us/codes/ranchocucamonga/view.php?topic=17-iii-17_32-17_32_020&frames=on 14/15 10/27/2020 17.32.020 Allowed use descriptions. (see Office,business and professional), soils and other materials testing laboratories (see Business support services), or medical laboratories (see Medical services, general). 15. Storage,personal storage facility. A structure or group of structures containing generally small, individual, compartmentalized stalls or lockers rented as individual storage spaces and characterized by low parking demand. 16. Storage warehouse. Facility for the storage of furniture,household goods, or other commercial goods of any nature. Includes cold storage. Does not include warehouse, storage, or mini-storage facilities offered for rent or lease to the general public (see Storage,personal storage facility) or warehouse facilities in which the primary purpose of storage is for wholesaling and distribution(see Wholesale, storage and distribution(heavy, medium and light)). 17. Storage yard. The storage of various materials outside of a structure other than fencing, either as an accessory or principal use. 18. Wholesale, storage, and distribution, heavy.Activities typically include,but are not limited to, warehousing, storage, freight handling, shipping,trucking services and terminals, and storage and wholesaling from the premises of unfinished, raw, or semi-refined products requiring further processing, fabrication, or manufacturing. Typical uses include,but are not limited to,trucking firms, and the wholesaling of metals, minerals, and agricultural products. Outdoor storage is permitted. 19. Wholesale, storage, and distribution, light.Activities typically include,but are not limited to, wholesaling, storage, and warehousing services and storage and wholesale to retailers from the premises of finished goods and food products. Activities under this classification shall be conducted in enclosed buildings and occupy 50,000 square feet or less of building space. Retail sales from the premises may occur when approved by a conditional use permit. 20. Wholesale, storage, and distribution, medium.Activities typically include,but are not limited to, wholesale, storage, and warehousing services;moving and storage services; storage and wholesaling to retailers from the premises of finished goods and food products; and distribution facilities for large-scale retail firms. Activities under this classification shall be conducted in enclosed buildings and occupy greater than 50,000 square feet of building space. Included are multi-tenant or speculative buildings with over 50,000 square feet of warehouse space. (Code 1980, § 17,,�� ,020; Ord.No. 855, § 4, 2012; Ord.No. 858 § 4, 2013; Ord.No. 860 § 4, 2013; Ord.No. 863 § 4, 2013; Ord.No. 867, 2014; Ord.No. 881 § 4, 2015; Ord.No. 886 § 4, 2016; Ord.No. 921 §§ 6, 7, 2017; Ord.No. 922 § 4, 2017; Ord.No. 938 §§ 6, 9,2018; Ord.No. 949 § 4, 2019; Ord.No. 969 § 2, 2020) .....___. ......___. ......___. ......___. ......___. ......___. ......___. ......___. ......___. ......___. ......___. ......___. ......___. ......___. ......___. ......___. ......___. ......___. View the mobile version. Page 384 qcode.us/codes/ranchocucamonga/view.php?topic=17-iii-17_32-17_32_020&frames=on 15/15 I e a r r � I I r i I r, � r h �q r t I gp � !✓ I i� � � a; �(. rN, �% ��/fir �� � /• � /h, J�.. Areas that are Subject / tothe Proposed Moratorium Page 385 ORDINANCE NO. AN URGENCY ZONING ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA ENACTED PURSUANT TO GOVERNMENT CODE SECTION 65858 ESTABLISHING AN INTERIM MORATORIUM ON NEW INDUSTRIAL BUILDING DEVELOPMENT ON PROPERTIES IN ALL INDUSTRIAL ZONES WITHIN THE SOUTHEAST INDUSTRIAL QUADRANT OF THE CITY AND WITHIN 500 FEET OF THE PUBLIC RIGHT-OF-WAY OF A SEGMENT OF FOOTHILL BOULEVARD, DECLARING THE URGENCY THEREOF AND MAKING A DETERMINATION OF EXEMPTION UNDER THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1. Legislative Findings. A. Industrial buildings are used for a broad spectrum and variety of uses including, but not limited to, logistics, manufacturing, and processing uses. B. Multiple existing heavy industrial buildings are now becoming available for redevelopment within certain portions of the City, and the proposed redevelopment is occurring rapidly. The overall combined size of the sites where these buildings are located is several hundred acres in area. C. The area of the City where this activity and/or interest is occurring is within the southeast industrial quadrant ("SEIQ")of the City. The SEIQ is bound by Arrow Route, the City's boundary with the City of Fontana/County of San Bernardino (unincorporated), 4th Street, and 1-15 on the north, east, south, and west, respectively. It is also occurring within the industrial zoning designations within 500 feet of Foothill Boulevard and between Haven Avenue and Milliken Avenue. The SEIQ and the aforementioned industrial zones along the Foothill corridor described above are referred to herein as the "Affected Areas" and are more specifically identified in the map attached hereto and incorporated herein as Exhibit "A." D. Neither the City's General Plan nor its Development Code is equipped to facilitate the rational development of large tracts of land with newly evolving industrial uses within the Affected Areas. Although there are performance standards that all development must comply with, there currently are no City regulations in effect regarding the specific and unique operational characteristics of industrial buildings such as days and hours of operations, traffic circulation, vehicle queueing, and the specific type of user within such buildings. With very few exceptions, industrial buildings located in industrial zones do not require the submittal of an application for a Conditional Use Permit for review and approval by the City. The only discretionary process required by the City prior to the construction and occupancy/operation of most industrial buildings located in industrial 1 Page 386 zones is the review and approval of a Design Review application by the Planning Commission. E. The demand for parking, access, and street capacity caused by new industrial uses can be significantly higher than what the City has experienced in the past in industrial areas of the City, leading to potential parking and congestion issues. In some cases, the greater truck activity has the potential to impact the operations of other area businesses due to the high volume of deliveries to and from industrial facilities. Access to sites is similarly a potential issue, inhibiting the City's ability to ensure adequate public safety response times. The increased truck activity associated with industrial facilities may lead to increased wear and tear on City infrastructure. Industrial buildings are also becoming larger, and due to their larger size, include large parking areas for potential truck, trailer, and auto parking. F. The operational characteristics of industrial buildings are evolving rapidly. Some tenants of industrial buildings have begun to need large areas for parking (often nearly half the land area of a project site). Also, they now need to accommodate long queues of semi-tractor trucks. This presents issues with public safety due to trucks parking in areas that obstruct traffic and visibility, air quality and greenhouse gas emissions due to idling trucks, and the impact on surrounding businesses that are not within industrial buildings, or are not industrial uses, but utilize the same streets. G. The City Council believes that industrial building development should not unduly impact the City. The City Council therefore believes there is a current and immediate threat to the public health, safety and welfare that is presented by proposals to develop new industrial buildings within the Affected Areas, and that a moratorium is necessary. H. The City Council finds that the time provided by the moratorium will allow for a comprehensive analysis of a new generation of industrial buildings that are being proposed, and are expected to be proposed, within the Affected Areas. During the moratorium, the City will be able to analyze potential impacts on the public health, such as air pollution and greenhouse gas emissions; impacts on public safety related to the provision of services for fire protection, fire and law enforcement access, and emergency vehicle access routes; and impacts on the public welfare due to traffic generated by the tenants/users of proposed industrial buildings. The City Council finds that these studies will help the Council and the City's Planning Department determine how best to prevent impacts to the public health, safety and welfare. The City Council further finds that the moratorium will allow time to evaluate the General Plan, the Development Code, and the Zoning map and develop appropriate regulations for new industrial buildings within the Affected Areas and other industrial zones to achieve a reasonable level of assurance that there will not be serious negative impacts to the overall community and ensure a positive and mutually acceptable set of outcomes for the City's residents, business community, property owners, and industrial developers. I. Based on the foregoing, the City Council ultimately finds that if the City fails to enact this moratorium, new industrial buildings may be allowed to develop within the 2 11231-0001\2469837v4.doc Page 387 Affected Areas under outdated zoning regulations that do not address the unique impacts of modern industrial development. Therefore, a current and immediate threat to the public safety, health and welfare exists. SECTION 2. Authority. Pursuant to Government Code Section 65858, the City Council may adopt, as an urgency measure, an interim ordinance that prohibits any uses that may be in conflict with a contemplated zoning proposal that the City Council is considering, studying, or intends to study within a reasonable period of time. SECTION 3. Urgency Findings. The City Council finds and determines that there is an immediate threat to the public health, safety, or welfare, and that new industrial development within the Affected Areas, under the City's current regulations, constitutes a threat to the public health, safety or welfare. As described in Section 1, the staff report accompanying this Interim Urgency Ordinance, and other evidence in the record, such continued industrial development in the Affected Areas of the City could threaten the health, safety and welfare of the community through negative impacts that include, but are not limited to, public safety, air quality, air pollution, greenhouse gas emissions, traffic congestion, City infrastructure, affordable housing, fire protection services, and fire and emergency vehicle access. To preserve the public health, safety, and welfare, the City Council finds that it is necessary that this Interim Urgency Ordinance take effect immediately pursuant to Government Code Sections 65858, 36934, and 36937 to prevent such harm. SECTION 4. Moratorium Established. A. Based on the facts and findings set forth in Sections 1 through 3 of this Interim Urgency Ordinance, and notwithstanding any other ordinance or provision of the Rancho Cucamonga Municipal Code, the City of Rancho Cucamonga hereby establishes a moratorium on the construction of new industrial buildings, any part of which would be located within the Affected Areas identified in Exhibit "A." B. No application for a building permit or any other entitlement authorizing construction of a new industrial building within the Affected Areas shall be approved during the term of the moratorium established herein. C. Nothing contained in this Interim Urgency Ordinance shall preclude the improvement, renovation or demolition of an existing industrial building within the Affected Areas, provided that such development otherwise conforms to applicable law and does not require a Design Review entitlement to perform such improvement, renovation, or demolition. D. For the purposes of this Interim Urgency Ordinance, the term "industrial building" shall mean any building or structure designed or intended to be used for any 3 11231-0001\2469837v4.doc Page 388 industrial, manufacturing, or processing use as defined in Subsection G of Section 17.32.020 of the Rancho Cucamonga Municipal Code. SECTION 5 Moratorium Exclusion. Notwithstanding any other provision of this Interim Urgency Ordinance, the moratorium established under Section 4 above shall not apply to any proposed industrial building for which an application for a Design Review entitlement was submitted to and accepted by the City prior to October 1, 2020. SECTION 6. Special Conditional Use Permit. Notwithstanding any other provision of this Interim Urgency Ordinance, the City of Rancho Cucamonga may accept, process and approve applications for special conditional use permits for development or use of property otherwise subject to Section 4 of this Interim Ordinance, if the City Council finds, after receipt of a recommendation from the Planning Commission, that an owner of property subject to the moratorium imposed by this Interim Urgency Ordinance will be deprived of all economically viable use of his or her land unless the property owner is allowed to develop or use the property for an industrial building, or that the law of California or of the United States otherwise requires the City to approve an application for a permit or an entitlement for the development or use. The special conditional use permit provided by this Section shall be an available entitlement process and permit for a property owner affected by the moratorium whether or not a conditional use permit would otherwise be required by the Rancho Cucamonga Municipal Code. A special conditional use permit submitted pursuant to this Section shall be processed in accordance with Chapter 17.14 of the Rancho Cucamonga Municipal Code, except that the City Council shall serve as the final decision-making body, which shall make the additional findings required by this Section prior to approving the special conditional use permit. SECTION 7. Enforcement. The provisions of this Interim Urgency Ordinance shall be enforceable pursuant to the general enforcement provisions in Title 1 of the Rancho Cucamonga Municipal Code. SECTION 8. CEQA Findings. The City Council hereby finds that it can be seen with certainty that there is no possibility that the adoption of this Interim Urgency Ordinance may have a significant effect on the environment, because the Interim Urgency Ordinance will impose a temporary moratorium on industrial building development in certain areas of the City in order to protect the public health, safety and general welfare, and will thereby serve to avoid potentially significant adverse environmental impacts during the term of the moratorium. It is therefore not subject to the California Environmental Quality Act review pursuant to Title 14, Chapter 3, Section 15061(b)(3)of the California Code of Regulations. SECTION 9. Severability. 4 11231-0001\2469837v4.doc Page 389 If any section, subsection, subdivision, paragraph, sentence, clause or phrase of this Interim Urgency Ordinance or its application to any person or circumstances, is for any reason held to be invalid or unenforceable by a court of competent jurisdiction, such invalidity or unenforceability shall not affect the validity or enforceability of the remaining sections, subsections, subdivisions, paragraphs, sentences, clauses or phrases of this Interim Urgency Ordinance, or its application to any other person or circumstance. The City Council hereby declares that it would have adopted each section, subsection, subdivision, paragraph, sentence, clause, phrase hereof, irrespective of the fact that any one or more sections, subsections, subdivisions, paragraphs, sentences, clauses or phrases hereof be declared invalid or unenforceable. SECTION 10. Effective Date; Approval and Extension of Ordinance. This Interim Urgency Ordinance, being adopted as an urgency measure for the immediate protection of the public safety, health, and general welfare, containing a declaration of the facts constituting the urgency, and passed by a minimum four-fifths (4/5) vote of the City Council, shall take effect immediately upon its adoption and shall continue in effect for a period of not longer than forty-five (45) days. After notice pursuant to Government Code Section 65090 and a public hearing, the City Council may extend the effectiveness of this Urgency Ordinance as provided in Government Code Section 65858. SECTION 11. Publication. The City Clerk shall certify to the passage and adoption of this Interim Urgency Ordinance and shall cause its publication in accordance with applicable law. PASSED, APPROVED, AND ADOPTED this 4th day of November, 2020, by the following vote to wit: AYES: ( ) NOES: ( ) ABSENT: ( ) ABSTAIN: ( ) L. Dennis Michael, Mayor ATTEST: Janice C. Reynolds, City Clerk 5 11231-0001\2469837v4.doc Page 390 APPROVED AS TO FORM: James L. Markman, City Attorney 6 11231-0001\2469837v4.doc Page 391 EXHIBIT „A- MAP OF AFFECTED AREAS [REFER TO STAFF REPORT -ATTACHMENT-2] 7 11231-0001\2469837v4.doc Page 392 DATE: November 4, 2020 MEMORANDUM TO: Mayor and Members of the City Council Planning Department John R. Gillison, City Manager FROM: Anne McIntosh, Planning Director BY: Mike Smith, Principal Planner SUBJECT: URGENCY ZONING ORDINANCE NO. 976 (Agenda Item G.11) The Planning Department prepared a draft Ordinance to establish an interim moratorium on new industrial building development located within specific locations. Following the completion of the draft Ordinance and the incorporation of it into the City Council agenda packet for review and consideration, staff determined that a change was necessary to some of the text of the draft Ordinance. Specifically, the text that was changed is located in Section 5 of the document. The original text read as follows: SECTION 5 Moratorium Exclusion. Notwithstanding any other provision of this Interim Urgency Ordinance, the moratorium established under Section 4 above shall not apply to any proposed industrial building for which an application for a Design Review entitlement was submitted to and accepted by the City prior to October 1, 2020. The revised text reads as follows: SECTION 5 Moratorium Exclusion. Notwithstanding any other provision of this Interim Urgency Ordinance, the moratorium established under Section 4 above shall not apply to either of the following: (1) any proposed industrial building for which an application for a Design Review entitlement was submitted to and accepted by the City prior to October 1, 2020, or(2) any proposed industrial building of 30,000 square feet or less in size that is specifically intended to replace and relocate an existing industrial building within the Affected Areas. Page 1 of 1 ORDINANCE NO. AN URGENCY ZONING ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA ENACTED PURSUANT TO GOVERNMENT CODE SECTION 65858 ESTABLISHING AN INTERIM MORATORIUM ON NEW INDUSTRIAL BUILDING DEVELOPMENT ON PROPERTIES IN ALL INDUSTRIAL ZONES WITHIN THE SOUTHEAST INDUSTRIAL QUADRANT OF THE CITY AND WITHIN 500 FEET OF THE PUBLIC RIGHT-OF-WAY OF A SEGMENT OF FOOTHILL BOULEVARD, DECLARING THE URGENCY THEREOF AND MAKING A DETERMINATION OF EXEMPTION UNDER THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1. Legislative Findings. A. Industrial buildings are used for a broad spectrum and variety of uses including, but not limited to, logistics, manufacturing, and processing uses. B. Multiple existing heavy industrial buildings are now becoming available for redevelopment within certain portions of the City, and the proposed redevelopment is occurring rapidly. The overall combined size of the sites where these buildings are located is several hundred acres in area. C. The area of the City where this activity and/or interest is occurring is within the southeast industrial quadrant("SEIQ")of the City. The SEIQ is bound by Arrow Route, the City's boundary with the City of Fontana/County of San Bernardino (unincorporated), 4th Street, and 1-15 on the north, east, south, and west, respectively. It is also occurring within the industrial zoning designations within 500 feet of Foothill Boulevard and between Haven Avenue and Milliken Avenue. The SEIQ and the aforementioned industrial zones along the Foothill corridor described above are referred to herein as the "Affected Areas" and are more specifically identified in the map attached hereto and incorporated herein as Exhibit "A." D. Neither the City's General Plan nor its Development Code is equipped to facilitate the rational development of large tracts of land with newly evolving industrial uses within the Affected Areas. Although there are performance standards that all development must comply with, there currently are no City regulations in effect regarding the specific and unique operational characteristics of industrial buildings such as days and hours of operations, traffic circulation, vehicle queueing, and the specific type of user within such buildings. With very few exceptions, industrial buildings located in industrial zones do not require the submittal of an application for a Conditional Use Permit for review and approval by the City. The only discretionary process required by the City prior to the construction and occupancy/operation of most industrial buildings located in industrial 1 zones is the review and approval of a Design Review application by the Planning Commission. E. The demand for parking, access, and street capacity caused by new industrial uses can be significantly higher than what the City has experienced in the past in industrial areas of the City, leading to potential parking and congestion issues. In some cases, the greater truck activity has the potential to impact the operations of other area businesses due to the high volume of deliveries to and from industrial facilities. Access to sites is similarly a potential issue, inhibiting the City's ability to ensure adequate public safety response times. The increased truck activity associated with industrial facilities may lead to increased wear and tear on City infrastructure. Industrial buildings are also becoming larger, and due to their larger size, include large parking areas for potential truck, trailer, and auto parking. F. The operational characteristics of industrial buildings are evolving rapidly. Some tenants of industrial buildings have begun to need large areas for parking (often nearly half the land area of a project site). Also, they now need to accommodate long queues of semi-tractor trucks. This presents issues with public safety due to trucks parking in areas that obstruct traffic and visibility, air quality and greenhouse gas emissions due to idling trucks, and the impact on surrounding businesses that are not within industrial buildings, or are not industrial uses, but utilize the same streets. G. The City Council believes that industrial building development should not unduly impact the City. The City Council therefore believes there is a current and immediate threat to the public health, safety and welfare that is presented by proposals to develop new industrial buildings within the Affected Areas, and that a moratorium is necessary. H. The City Council finds that the time provided by the moratorium will allow for a comprehensive analysis of a new generation of industrial buildings that are being proposed, and are expected to be proposed, within the Affected Areas. During the moratorium, the City will be able to analyze potential impacts on the public health, such as air pollution and greenhouse gas emissions; impacts on public safety related to the provision of services for fire protection, fire and law enforcement access, and emergency vehicle access routes; and impacts on the public welfare due to traffic generated by the tenants/users of proposed industrial buildings. The City Council finds that these studies will help the Council and the City's Planning Department determine how best to prevent impacts to the public health, safety and welfare. The City Council further finds that the moratorium will allow time to evaluate the General Plan, the Development Code, and the Zoning map and develop appropriate regulations for new industrial buildings within the Affected Areas and other industrial zones to achieve a reasonable level of assurance that there will not be serious negative impacts to the overall community and ensure a positive and mutually acceptable set of outcomes for the City's residents, business community, property owners, and industrial developers. I. Based on the foregoing, the City Council ultimately finds that if the City fails to enact this moratorium, new industrial buildings may be allowed to develop within the 2 11231-0001\2469837v4.doc Affected Areas under outdated zoning regulations that do not address the unique impacts of modern industrial development. Therefore, a current and immediate threat to the public safety, health and welfare exists. SECTION 2. Authority. Pursuant to Government Code Section 65858, the City Council may adopt, as an urgency measure, an interim ordinance that prohibits any uses that may be in conflict with a contemplated zoning proposal that the City Council is considering, studying, or intends to study within a reasonable period of time. SECTION 3. Urgency Findings. The City Council finds and determines that there is an immediate threat to the public health, safety, or welfare, and that new industrial development within the Affected Areas, under the City's current regulations, constitutes a threat to the public health, safety or welfare. As described in Section 1, the staff report accompanying this Interim Urgency Ordinance, and other evidence in the record, such continued industrial development in the Affected Areas of the City could threaten the health, safety and welfare of the community through negative impacts that include, but are not limited to, public safety, air quality, air pollution, greenhouse gas emissions, traffic congestion, City infrastructure, affordable housing, fire protection services, and fire and emergency vehicle access. To preserve the public health, safety, and welfare, the City Council finds that it is necessary that this Interim Urgency Ordinance take effect immediately pursuant to Government Code Sections 65858, 36934, and 36937 to prevent such harm. SECTION 4. Moratorium Established. A. Based on the facts and findings set forth in Sections 1 through 3 of this Interim Urgency Ordinance, and notwithstanding any other ordinance or provision of the Rancho Cucamonga Municipal Code, the City of Rancho Cucamonga hereby establishes a moratorium on the construction of new industrial buildings, any part of which would be located within the Affected Areas identified in Exhibit "A." B. No application for a building permit or any other entitlement authorizing construction of a new industrial building within the Affected Areas shall be approved during the term of the moratorium established herein. C. Nothing contained in this Interim Urgency Ordinance shall preclude the improvement, renovation or demolition of an existing industrial building within the Affected Areas, provided that such development otherwise conforms to applicable law and does not require a Design Review entitlement to perform such improvement, renovation, or demolition. D. For the purposes of this Interim Urgency Ordinance, the term "industrial building" shall mean any building or structure designed or intended to be used for any 3 11231-0001\2469837v4.doc industrial, manufacturing, or processing use as defined in Subsection G of Section 17.32.020 of the Rancho Cucamonga Municipal Code. SECTION 5 Moratorium Exclusion. Notwithstanding any other provision of this Interim Urgency Ordinance, the moratorium established under Section 4 above shall not apply to either of the following: (1) any proposed industrial building for which an application for a Design Review entitlement was submitted to and accepted by the City prior to October 1, 2020; or(2) any proposed industrial building of 30,000 square feet or less in size that is specifically intended to replace and relocate an existing industrial building within the Affected Areas. SECTION 6. Special Conditional Use Permit. Notwithstanding any other provision of this Interim Urgency Ordinance, the City of Rancho Cucamonga may accept, process and approve applications for special conditional use permits for development or use of property otherwise subject to Section 4 of this Interim Ordinance, if the City Council finds, after receipt of a recommendation from the Planning Commission, that an owner of property subject to the moratorium imposed by this Interim Urgency Ordinance will be deprived of all economically viable use of his or her land unless the property owner is allowed to develop or use the property for an industrial building, or that the law of California or of the United States otherwise requires the City to approve an application for a permit or an entitlement for the development or use. The special conditional use permit provided by this Section shall be an available entitlement process and permit for a property owner affected by the moratorium whether or not a conditional use permit would otherwise be required by the Rancho Cucamonga Municipal Code. A special conditional use permit submitted pursuant to this Section shall be processed in accordance with Chapter 17.14 of the Rancho Cucamonga Municipal Code, except that the City Council shall serve as the final decision-making body, which shall make the additional findings required by this Section prior to approving the special conditional use permit. SECTION 7. Enforcement. The provisions of this Interim Urgency Ordinance shall be enforceable pursuant to the general enforcement provisions in Title 1 of the Rancho Cucamonga Municipal Code. SECTION 8. CEQA Findings. The City Council hereby finds that it can be seen with certainty that there is no possibility that the adoption of this Interim Urgency Ordinance may have a significant effect on the environment, because the Interim Urgency Ordinance will impose a temporary moratorium on industrial building development in certain areas of the City in order to protect the public health, safety and general welfare, and will thereby serve to avoid potentially significant adverse environmental impacts during the term of the moratorium. It is therefore not subject to the California Environmental Quality Act review pursuant to Title 14, Chapter 3, Section 15061(b)(3)of the California Code of Regulations. 4 1123 1-0001\2469837v4.doc SECTION 9. Severability. If any section, subsection, subdivision, paragraph, sentence, clause or phrase of this Interim Urgency Ordinance or its application to any person or circumstances, is for any reason held to be invalid or unenforceable by a court of competent jurisdiction, such invalidity or unenforceability shall not affect the validity or enforceability of the remaining sections, subsections, subdivisions, paragraphs, sentences, clauses or phrases of this Interim Urgency Ordinance, or its application to any other person or circumstance. The City Council hereby declares that it would have adopted each section, subsection, subdivision, paragraph, sentence, clause, phrase hereof, irrespective of the fact that any one or more sections, subsections, subdivisions, paragraphs, sentences, clauses or phrases hereof be declared invalid or unenforceable. SECTION 10. Effective Date; Approval and Extension of Ordinance. This Interim Urgency Ordinance, being adopted as an urgency measure for the immediate protection of the public safety, health, and general welfare, containing a declaration of the facts constituting the urgency, and passed by a minimum four-fifths (4/5) vote of the City Council, shall take effect immediately upon its adoption and shall continue in effect for a period of not longer than forty-five (45) days. After notice pursuant to Government Code Section 65090 and a public hearing, the City Council may extend the effectiveness of this Urgency Ordinance as provided in Government Code Section 65858. SECTION 11. Publication. The City Clerk shall certify to the passage and adoption of this Interim Urgency Ordinance and shall cause its publication in accordance with applicable law. PASSED, APPROVED, AND ADOPTED this 4th day of November, 2020, by the following vote to wit: AYES: NOES: ABSENT: ABSTAIN: L. Dennis Michael, Mayor ATTEST: Janice C. Reynolds, City Clerk 5 11231-0001\2469837v4.doc APPROVED AS TO FORM: James L. Markman, City Attorney 6 11231-0001\2469837v4.doc ' ^ 7 11231V001\2409837v4.dou � DATE: November 4, 2020 MEMORANDUM ��|��OO'O(J [l��D�rfrn��nf T��: Linda Trnven. []ireotorofCUv Clerk Services Planning' ^' Department � -'� �- FROM: Anne McIntosh, A|CP. Planning Director SUBJECT: Urgency Ordinance Leftemg Letters/Ennei|a have been received regarding |harn G1 on the City Council Agenda for November 4`n 2O20� . � 1. Rob Evans NA|OP Commercial Real Estate Development Association -deted November and 3. 2020. 2. Jonathan Shand|ovvofGresham Savage Nolan &Ti|den representing B7'C ||| Acquisitions -dated Novennber3. 2020. 3. Matthew VVrn. Nelson of Gresham Savage Nolan & Tilden representing Duke Ree|h/ - dated November3. 2020. 4. Paige GooneyofGresham Savage Nolan &Ti|den representing Bernell Hydraulics, Inc. - dated Movember3. 2020. 5. Mark C)stoich of Gresham Savage Nolan & Tilden representing Commercial Metals Compony-dated November4. 2020. 0. 8ione Fue, NA| Capital /emai|\-dated November4. 2020. 7. K Erik Friemm of Allen W1atkina Leck Gamble yNo||ory & Natmio LLP - dated November 4, 2020. 8. Nasser Muatofa of AGCS Development Advisors representing Osvaldo Flores - dated November 3, 2030. S. Michael Condon, Jr. of Cushman &VVaheUe|d - dated Novemnber4. 2020 1O. Chuck Buque1. Charles Joseph and Associates, dated November 2. 2O2O 11. David A. Parker of Chase Partners, LTD -dated Novannber4. 2020 12. Sione Fua. Email, Dated November 3, 2020 13. Lauren Robles, |nveatNotic. doted Novamber3. 2020 Staff will provide brief verbal responses to issues raised in this correspondence during the presentation of the staff report. Attachments: Letters received Page 1 of Thornhill, Elizabeth From: McIntosh, Anne Sent: Wednesday, November 4, 2020 2:27 PM To: Bravo-Valdez, Patricia; Thornhill, Elizabeth; Oriel, Jasmin Subject: FW: Opposition Letter to Consideration of Urgency Zoning Ordinance No. 976 Attachments: NAIOPIECityofOrdinanceNo976_RspLtr.pdf From: Rob Evans crob@naiopie.org> Sent:Wednesday, November 4, 202010:53 AM To: McIntosh,Anne<Anne.Mclntosh@cityofrc.us>; City Clerk<City.Clerk@cityofrc.us> Cc: Devon Sulli<devon@naiopie.org>;Jonathon Shardlow<Jonathan.Shardlow@GreshamSavage.com> Subject:Opposition Letter to Consideration of Urgency Zoning Ordinance No. 976 Nf :Thy ser�dr of this email could'';rrot kre'uall�Iates�and may nat match the person<�n the"From"field CAUTION:This email is .-._m ..._outside our p o not click links or open attachments unless ou from outside our Corporate network. D k pen atta � you recognize the sender and know the content is safe. Please find attached our NAIOP IE letter regarding Ordinance 976. Robert Evans rob@naiopie.org Executive Director I NAIOP Inland Empire 25241 Paseo de Alicia, Suite 120 1 Laguna Hills, CA 92653 Tel: (951) 710-8768 hk M N�Al P L E .. ... .u..... COMMERCIAL REAL ESTATE DEVELOPMENT ASSOCIATION .... . .. O INLAND EMPIRE CHAPT90 Commercial Deal Estate Development Association Please visit ht,p,.:�A c fak oirgt to learn about upcoming events and the benefits of membership. Visit our 5pgjg_ gm Renew..o )61 a NOW! NAIOP Membership is the best business investment you'll make this year. This email is intended for the sole use of the intended recipient(s) and may contain confidential or privileged information. No one is authorized to copy, re-use, disclose, distribute,take action or rely on this email or any information contained in it. If you are not the intended recipient,we request that you please notify us by reply email and destroy all copies of the message and any attachments. Thank you for your prompt attention. 1 . 1 � wmopaozo OFFICERS AND BOARD opDIRECTORS NA10P rRLomEN,Steve .Lee am=,"°,es, Ontario GomMsno/AL REAL. ESTATE osysLupmswr »saoc/xnon mr Joseph Finnigan,Link/indm^*/ INLAND EMPIRE CwArrsn TREASURER sicnuem" West Harbor Capital SECRETARY �mmu""m°/m°� November Larry Cochran, REPRsncwnmvc Kim Snyder,Ptologis PASI PRESIDEFIFCommercial Real Estate To: Janice Reynolds Steven Ames,owxwo/EstateAnneK4dntosh Kevin Apel,Prologn; Thomas Bak,n"iarn°n Crow mInpa"' From: NA|OP Inland Empire Chapter Jonathan aag=o.Alston Construction Robert Evans, Executive Director Ian Britton,uonc,Inc. John conu=.Allen mmj Look Gamble Mallory uwatsisup Re: Opposition Letter to Consideration of Urgency Zoning Ordinance No. 976,to ooyuov°=m=.canE.Inc. be Read by Title only and Waive Further Reading, to Establish an Interim Josh Cox,n///°""uA Perot company Moratorium for a Period of4S Days on New Industrial Building Development Giancarlo I Prato,Io/Logistics Located A) Within the Southeast Industrial Quadrant of the O Tommy Dirks,n"nninu/Crow Company �mmw�m'�m/c"m��n.to/L� VV�hin �UOFeetofFoothiUQou|evard. Carter Ewing,CT Realty Paige mnnm,west.F"om,,construction Ms. Reynolds and McIntosh, Josh Hayes,oanE,/nc� Scott Hildebrandt,Albert x.Webb Associates NA0P, the commercial real estate development association, is the leading Jason Koirengolu.Shea Properties organization for developers, owners and investors of office, industrial, retail and Mike Lee,City m Moreno Valley mixed-use real estate. NA|OP comprises 20,000 plus members and provides strong Ward Mace,Goodman advocacy,education and business opportunities through a powerful North American Hunter McDonald,c»«c'Inc Network. The Industry has over billion square feet of private commercial real Tom Myers,Ware m"w111u estate,which includes companies of all sizes from a single personTony Perez,owning 1 building —oum=^Construction Co. to some of the largest multi- national real estate companies and everything in Collins Phillips,v"ke.Realty maurm�`,/�xm�'="nnem^"=""° between. John rrived,mmswestern Devolpmemcompany Jo"*ha"owmw° ore,nair Savage Nolan unwe"PC NAIOP previously sent a Public Records Act Request on this item and we are awaiting Andrew Starnes,Cushman u Wakefield*California Inc. a response. Brian m/"°es.,m°"°"Engineering,Inc. Terry Thompson,County m San Bernardino In the last year, the City has engaged with NAIOP to discuss the City's General Plan Jeffrey w.Trenton,Proficiency Capital Lm Update and to solicit our perspective. At no time did the City raise the potential of Ron was»/=Newmark Knight Frank a moratorium. Under the guise of continuing to discuss the [ity's General Plan Nicole Welch,Clarion Partners Update,just this last Friday afternoon,did the City announce a planned moratorium. Sharon w"m" ""'/u Inquiries from our members relating to the proposed moratorium were met with the Steve Young,Black Creek Group same generic cut and poste response. ADVISORY BOARD Stephen natmmr^nu"swe*x,"Development Company NAICIP was truly ambushed and had been operating under the premise that the City Chuck Belden,Cushman&Wakefield mCalifornmInc. wanted tn work collaboratively with the industry. David n"rbac^.Kidder Mathews Mike Del Santo,m°~Property Group,Eo Issues of legality aside, a moratorium is draconian measure and should be last Gary Edwards,Western vealco Edxon*ya".Majestic Realty Co. resort, U when � otheroptionshavefai|edorao/mmunit bvv yithoutotherP|annin8 John Magness,m/lwoou.^Perot Company tools to address the stated concern. This is not the case here. s=*=nngl° wxmp INLAND EMPIRE STAFF Robert Evans,Executive Director Devon omn.Executive xssiM°w 25241 paseoueAlicia, Suite 120. Laguna Hills, CAezasy Tel: (9e1)710-8768 NA0P|n|and Empire Chapter November 3,Z0U The City should be willing to discuss the proposed moratorium before advancing kto City Council for consideration, not after. We request this item be pulled from the agenda and that the City engage in a collaborative process in order to for the industry to have the opportunity to discuss avenues to meet the goals and concerns of the City. We respectively request that the City Council continue Interim Urgency Ordinance No, 976. Sincerely, Robert Evans Executive Director Subject: FW: NAIOP IE Comments and Public Records Request Letter - Urgency Zoning Ordinance From: Rob Evans<rob@naiopie.org> Sent: Monday, November 2, 2020 2:37 PM To: City Clerk<City.Clerk@citvofrc.us>; McIntosh,Anne <Anne.Mclntosh@cityofrc.us> Cc: Nakamura,Jennifer<Jennifer.Nakamura@cityofrc.us> Subject: NAIOP IE Comments and Public Records Request Letter- Urgency Zoning Ordinance WARNING:The sender of this email could not be validated and may not match the person in the "From"field, CAUTION:This email is from outside our Corporate network. Do not click links or open attachments unless you recognize the sender and know the content is safe. Please find attached our comment letter regarding the Urgency Moratorium on the agenda Nov 4. 1 also submitted online via the Public Record request portal on the City website. Appreciate the discussion I had with Jennifer last Friday and shared my concern of the Moratorium being on the agenda this week. Obviously, we are looking forward to being a resource and working together with your team on the General Plan as well as other community projects in the future. Look forward to working together Robert Evans rob@naiopie.org Executive Director I NAIOP Inland Empire 25241 Paseo de Alicia, Suite 120 1 Laguna Hills, CA 92653 Tel: (951) 710-8768 N I A 11 P -1 1-1, COMMERCIAL REAL ESTATE DEVELOPMENT ASSOCIATION A N ON PROP 1 INLAND EMPIRE CHAPTER Commercial Real Estate Development Association Please visit http://www.naiopie.org/to learn about upcoming events and the benefits of membership. Visit our Sponsors Renew or Join Now! NAIOP Membership is the best business investment you'll make this year. This email is intended for the sole use of the intended recipient(s) and may contain confidential or privileged information. No one is authorized to copy, re-use, disclose, distribute, take action or rely on this email or any information contained in it. If you are not the intended recipient, we request that you please notify us by reply email and destroy all copies of the message and any attachments. Thank you for your prompt attention. Click here to report this email as spam. wwyciriailopie.org NAIOP 2020 OFFICERS AND Ilk III BOARD OF DIRECTORS I in A I PUSIDEN I Steve Hasten,Lee&Associates Ontano N1,N/1 L�f("t e,,L if L A L 1: 3 f AI L F,E V L�.0 P hol E N f Al,-'SC,C A T N PRESIDFN1-EI_.EC1 Joseph Finnigan,Lhilk Industrial INLAND EMPIRE CHAPTER TREASt)RER Eric Ruehle, West Harbor Capital SF CRF IARY November 2, 2020 Larry Cochrun,LDC Industrial Realty NAIOPCORPORAIF UPPI'SINIAHVE Kim Snyder,Prologis PAST PRESIDENT John Dobrott,Conor Coinmeicial Real Estate. To: Janice Reynolds (CJ): :c,e k@"i )fr us) Steven Armes,USAA Real Estate Anne McIntosh Kevin Apel,Prole is From: Robert Evans, Executive Director Thomas Bak,Trammell Crow Company Jonathan Bagnall,Alston ConstrUCtion Re: Public Records Act Request - Consideration of Urgency Zoning lan Britton,CBRE Inc. Ordinance No. 976, to be Read by Title only and Waive Further John Conclas,Allen k1alkins Lack Gamble Mallory&faatsi�IA P Reading, to Establish an Interim Moratorium for a Period of 45 Days on Eloy Covarrubias,CBRE,In,,. Josh Cox,ifillwood.A Perot company New Industrial Building Development Located A) Within the Southeast Giancarlo Da Prato,IDI i Industrial Quadrant of the City and/or B) Within 500 Feet of Foothill Tommy Dirks,Trammell Crow Company Boulevard. Matt Englhard,Proficiency Capital 1-1.C Carter Ewing,CT Really Paige Fullmer-West,Fullmer Construction Josh Hayes,CBRE,Inc, Ms. Reynolds and McIntosh, Scott Hildebrandt,Albert A.Webb Associates Please accept this letter as a formal Public Records Act Request. Jason Korengold,Shea Properties Mike Lee,City of Moreno Valley NAIOP, the commercial real estate development association, is the leading Ward Mace,Goodman organization for developers, owners and investors of office, industrial, retail and Hunter McDonald,CBRE,Inc. Tom Myers,Ware IAalcomb mixed-use real estate. NAIOP comprises 20,000 plus members and provides Tony Perez,01trinans Construction Co. strong advocacy, education and business opportunities through a powerful Collins Phillips,Duke Realty North American Network. The Industry has over 6 billion square feet of private Matt Pill First American Title InSLrali commercial real estate, which includes companies of all sizes from a single John i Transwestern Devolipment Company person owning 1 building to some of the largest multi- national real estate Jonathan Shardlow, Gresham Savage Nolan&Tilden PC companies and everything in between, Andrew Starnes,Cushman&Wakefield of California Inc. Brian Thienes,Thienes Engineering,Ins,. The NAIOP Inland Empire Chapter is the definitive resource for the real estate Terry Thompson,County of Sari Bernardino industry in the Inland Empire. The Chapter is dedicated to providing leading- Jeffrey N.Trenton,Proficiency Capital LLC Ron Washle,Newmark Knight Frank edge education and information, proactive legislative support and critical Nicole Welch,Clarion Partripirs business development. Combined these objectives support the Chapter's Sharon Wortmarm,A.A. mission to advance the real estate profession, contribute to the greater Steve Young,Black Crook Group community in which we all live and work and positively impact economic ADVISORY BOARD development and the improved quality of life, throughout the Inland Empire. Stephen Batchellep,Iranswestern Development Company The Goods Movement Industry now employs 192,500 jobs in the Inland Chuck Belden,Cushman&Wakefield of California Inc, David Burback,Kidder Vlathews Empire. Since 2011 the Industry added 95,750 jobs or 23.6% of all jobs Mike Del Santo,AlerePropertyGroup,1.1.0 created in the Inland Empire. In 2018, 6,000 new construction jobs were Gary Edwards,Western Realho added in the Inland Empire and many of those jobs are also serving the Goods Ed Konjoyan,Maesl ic Realty Co. Movement Industry. John Magness,I hlivood.A Perot Company Graham Tingler NAIOP INLAND EMPIRE STAFF Robert Evans,Executive Director Devon Sulli,Execurfive Assistant 25241 Paseo de Alicia, Spite 120, Laguna Hills, CA 92653 Tel: (951)710-8768 NAIOP Inland Empire Chapter November 2,2020 The City of Rancho Cucamonga is uniquely poised to continue to be a key partner with the Goods Movement Industry. The City's proximity to Ontario International Airport the hub for Fed EX, UPS and Amazon, as well as their immediate proximity to the 1-10 and 1-15 Freeways, State Route 210 and major rail lines, is a major strength for the future of the City. Our members are extremely concerned about the City's proposal to establish an interim moratorium for a period of 45 Days on new industrial building development located A) within the Southeast Industrial Quadrant of the City and/or B) Within 500 Feet of Foothill Boulevard. Several of members will be significantly impacted. Although NAIOP was partnering with the City as a stakeholder in the City's General Plan Update process, we only learned of the proposed moratorium on Friday. Clearly, the City has been quietly planning this moratorium without reaching out to the industry most impacted. Pursuant to the California Public Records Act ("PRA") (Gov. Code § 6250 et seq.), we hereby request an opportunity to inspect and obtain copies of the following "public records" (as that term is defined by Government Code Section 6252, subdivision (e)) for the categories identified below: 1. All public records from January 1, 2020 to present related to any and all discussions surrounding the potential of a moratorium for on new industrial building development within the City. 2. All public records from January 1, 2020 to present related to any and all internal and external and electronic correspondence, including text messages, surrounding the potential of a moratorium for on new industrial building development within the City. 3. All public records from January 1, 2020 to present related to the Planning Department's, consideration of potential of a moratorium for on new industrial building development within the City. 4. All public records from January 1, 2020 to present related to any and all discussions surrounding the potential of a moratorium for on new industrial building development within the City which were sent to or from any City Council member. 5. All public records from January 1, 2020 to present related to any and all discussions surrounding the potential of a moratorium for on new industrial building development within the City which were sent to or from the City Manager or Assistant City Manager's Office. 6. All public records from January 1, 2020 to present related to any correspondence or outreach to property owners impacted by the potential of a moratorium on new industrial building development within the City. 7. All public records from January 1, 2020 to present related to any correspondence or outreach to developers or project applicants impacted by the potential of a moratorium on new industrial building development within the City. NAIOP Inland Empire Chapter November 2,2020 8. All public records from January 1, 2020 to present related to any and all economic reports or data the City possesses supporting a moratorium on new industrial building development within the City. 9. All public records from January 1, 2020 to present related to discussions with consultants relating to a potential moratorium on new industrial building development within the City. 10. All public records from January 1, 2020 to present related to reports supporting a potential moratorium on new industrial building development within the City. 11. All public records from January 1, 2020 to present related to information supporting a potential moratorium on new industrial building development within the City. 12. All public records from January 1, 2020 to present supporting the draft findings included in Draft Ordinance No. 976. 13. All public records from January 1, 2020 to present supporting the statement made in the staff report for Draft Ordinance No. 976. 14. All public records from January 1, 2020 to present relating to the City's determination that Draft Ordinance No. 976 is exempt from CEQA. Pursuant to Proposition 59, this PRA Request is intended to be understood in its broadest sense. Any statutory exemption which the City may attempt to apply to the requested records in response to this PRA Request must be construed as narrowly as possible. We believe that the requested records are subject to disclosure under the PRA. We request that the City produce for our inspection the documents responsive to the requests identified no later than 1:00 pm on November 4, 2020 in advance of the City Council Hearing. If the Department should nevertheless decide to withhold the requested records, in accordance with Government Code section 6255, please notify me in writing within ten (10) days after receipt of this PRA Request. In that correspondence, please identify the records within the scope of the request that will be withheld from disclosure and the Department's justification for such withholding (Gov. Code §§ 6253, 6255.) Please provide copies of all responsive documents to Robert Evans at .off .b Maio.pJc._arz and b i.i i_>I a.rl_4 _l o f.l%JCi. ? rr7_e .i da cr1 . Thornhill, Elizabeth From: McIntosh, Anne Sent: Wednesday, November 4, 2020 2:23 PM To: Bravo-Valdez, Patricia; Thornhill, Elizabeth; Oriel, Jasmin Subject: FW: November 4, 2020 City Council Hearing Item - G1 - Consideration of Urgency Zoning Ordinance No. 976 Attachments: Ltr to City Council re Urgency Ordinance 976.pdf From:Jonathan Shardlow<Jonathan.Shard low @GreshamSavage.com> Sent:Tuesday, November 3, 2020 2:38 PM To: City Clerk<City.Clerk@cityofrc.us> Cc:Gillison,John <John.Gillison@cityofrc.us>;jmarkman@rwglaw.com; McIntosh, Anne<Anne.McIntosh @cityofrc.us> Subject: November 4, 2020 City Council Hearing Item -G1-Consideration of Urgency Zoning Ordinance No. 976 CAUTION:This email is from outside our Corporate netw..-_W.�__..-...n click.,w.nk��- network. Do not click links or open attachments ,.,_ ...-...._. p unless you recognize the sender and know the content is safe. Please see the attached correspondence on behalf of BTC III Acquisitions relating to the 8996 Etiwanda Avenue (aka GenOn Site) and the City's Proposed Moratorium. Jon 4 har t N10 eholder Gresham Savage Nolan &Tilden, PC 550 East Hospitality Lane, Suite 300 San Bernardino, CA 92408 Office: (909) 890-4499 Ext. 1770 Fax: (909) 890-9877 w w, . resharn av e.corru jra,ro tl rya, „ r lcsw .gr 6 rr1_ v g N. c_m 1. Privileged and Confidential Communication. The information contained in this email and any attachments may be confidential or subject to the attorney client privilege or attorney work product doctrine. If you are not the intended recipient of this communication, you may not use, disclose, print, copy or disseminate the same. If you have received this in error, please notify the sender and destroy all copies of this message. 2. Notice re Tax Advice. Any tax advice contained in this email, including any attachments, is not intended or written to be used, and cannot be used, by you or any other recipient for the purpose of (a) avoiding penalties that may otherwise be imposed by the IRS, or (b) supporting, promoting, marketing, or recommending any transaction or matter to any third party, 3. Transmission of Viruses. Although this communication, and any attached documents or files, are 2. GRESHAM S AV A� G E Jk)iiittiaii.Shatdlow((,,C;r�?.,,Ii(..ii-nSnvi)g(.,,�'oni San Bernardino Office (909)890-4499 fin-(909)890-.9877 November 3,2020 VIA E-MAIL &U.S. MAIL (city.clerkc(PO yofrc.,us Mayor and Members of the City Council c/o City Clerk City of Rancho Cucamonga 10500 Civic Center Drive Rancho Cucamonga, CA 91730 Re: City Council Agenda Item G.1: Urgency Zoning Ordinance No. 976 (proposed"Moratorium") Dear Honorable Mayor and Members of the City Council: This firm represents BTC III Acquisitions, LLC ("BTC") who has entered into a contract to purchase and redevelop an approximate 64-acre site located at 8996 Etiwanda Avenue in the City of Rancho Cucamonga ("City") (APN: 0229-283-79) (the "Site"). The Site, which was formerly operated as a power plant by GenOn Holdings, Inc. ("GenOn"), currently includes a power plant facility, cooling towers, ASTs, and transformers. The power plant was decommissioned by GenOn and it is anticipated that all of the existing infrastructure and improvements will be demolished and removed, and any contamination remediated prior to redevelopment of the Site for a proposed industrial warehouse (the "Project"). Notably, prior to the proposed moratorium becoming public, BTC submitted an application through the City's Accelerate Online Portal. BTC's City issued application number is DRC2020-00384.1 In addition, the City has actively been discussing the Project with GenOn, including an "all hands" meeting prior to October 1, 2020, which is what appears to be an arbitrary cut-off date for being grandfathered by the impacts of the moratorium. Significantly, the Site has long been understood as a prime candidate for shifting from heavily industrial to logistics. In fact, the City has hosted industrial developers, at least as early as April 2019, to discuss siting a modern ' Significantly,the City caused BTC to withdraw the application,urging BTC to first use the informal courtesy design review. k t P 4,0 Fa!,[ d kl,pl ml It\ h wle "LWc 300 - Sm Bvirimf d mo, ('�i I I Pof 11 a 92 W�; 4M \Ac,,l A SY[CO SLWe 92-'� - San Dicuo, ( ahlolf1m Q2101 con) Honorable Mayor and Members of the City Council City of Rancho Cucamonga November 3,2020 Page 2 industrial building on the Site. The City's "urgency" to enact a moratorium appears to be driven by developments outside the control of GenOn and BTC. Given that BTC has submitted an application, we request, like others, that the City should deem this Site as falling outside the moratorium. The Site is a remnant of heavy industrial uses which commenced in the early 1950's and the environmental issues that plague them. Modern industrial uses are likely the only use that this Site can realistically transition to. Due to violations of various hazardous waste laws, the Los Angeles Superior Court issued a judgment on February 1, 1995 directing the closure of several Southern California Edison facilities on the Site, including the Etiwanda Generating Station. Although significant environmental remediation has occurred, Chemicals of Potential Concern ("COPCs") including Volatile Organic Compounds ("VOCs") and metals have been identified as remaining in the soil. Slowing down the transition of a shuttered power plant into a modern industrial warehouse is nonsensical. Prior to the City taking such draconian action, BTC would appreciate the opportunity, as a stakeholder, to discuss the proposed moratorium with the City. Although the moratorium includes several findings, the findings are not supported by any data and appear to be contradictory with the siting of modern industrial development. 1. There Is No "Current and Immediate Threat" to Public Health, Safely, or Welfare A moratorium is an extraordinary tool. It allows cities to freeze development for a period of up to two (2) years when there is some circumstance that creates an immediate threat to the public health, safety or welfare. Health and safety concerns, or compelling and emergency situations, such as dangers from floods or inadequate potable water supplies, are particularly strong justifications for the enactment of stop-gap zoning regulations such as moratoria. (Gilbert v State Of California (1990) 218 Cal.App.3d 234.) However, in order to withstand legal challenge, the moratorium must legitimately address the perceived hazard. Here, notwithstanding the lengthy discussion presented in the Staff Report regarding the City's need for the moratorium, there is no such articulable immediate threat to the public health, safety or welfare requiring the adoption of this extraordinary action. The City has been actively involved in the development and redevelopment of industrial properties within the Southeast Industrial Quadrant ("SEIQ") and Honorable Mayor and Members of the City Council City of Rancho Cucamonga November 3, 2020 Page 3 surrounding area, including the recently-approved Goodman Logistics Center located at 8600 Etiwanda Avenue directly west of the Property. A moratorium involving the suspension of land use entitlements for a particular use while the city updates its general plan, the law is clear that a sufficient "current and immediate threat" is found only where the actual approval and entitlement of such uses is "imminent." (Building Industry Legal Defense Foundation v. Superior Court (1999) 72 Cal.AppAth 1410; California Charter Sch. Assn. v. City of Huntington Park (2019) 35 Cal.App.5th 362,368-372.) In California Charter Sch. Assn. v. City of Huntington Park (2019) 35 Cal.App.5th 362, the City of Huntington Park adopted an urgency ordinance prohibiting the issuance of any conditional use permits for charter schools for one year based upon an alleged "proliferation of inquiries and requests for the establishment and operation of charter schools." The moratorium was challenged and, on appeal, the Court of Appeal reversed the trial court's decision upholding the validity of the urgency ordinance. In reliance upon Building Industry Legal Defense Foundation v. Superior Court (1999) 72 Cal.AppAth 1410, which involved rejection of an interim ordinance that suspended the processing of development applications while the city reviewed and updated its general plan, citing the legislative history of Government Code section 65858, and associated case-law, the Court of Appeal held that 'Jilf processing a filed application as in Building Industry does not pose a current and immediate threat to the public health, safety, or welfare because no rights will vest imminently, then mere inquiries, requests, and meetings, preliminary to submitting a CUP application, cannot possibly present that threat." (California Charter Sch.Assn., 35 Cal.App.5th at p. 371.) Here, the Staff Report and resolution fail to identify or allege that the approval of any specific industrial project (or projects) is imminent so as to give rise to the requisite current and immediate threat. 2. The Legislature Has Established CEQA—Not Moratoria—as the Appropriate Mechanism for Evaluating and Mitigating Impacts Associated with New Development. The City's Staff Report asserts, erroneously, that the Moratorium is necessary to allow the City time to "fully evaluate the impacts of the rapid development of [the SEIQ] on a broader scale," including as to the City's General Plan and Development Code and with regard to the operational, environmental and fiscal impacts associated with industrial development. (Staff Report, pp. 3-6.) The Staff Report goes on to discuss Honorable Mayor and Members ofthe City Council City ot Rancho Cucamonga November 3, 2O2O Page 4 each of these items in detail and discuss how new industrial development causes or contributes to increased impacts requiring further study and analysis by the City. The problem, however, is that the Legislature already established a legal mechanism for analyzing the impacts of new development and ensuring that there is sufficient mitigation bn place tominimize or offset these environmental, operational and other impacts — CB{]A. Notably, the City /oUs to even discuss the role CE[)f\ plays in the entitlement process or explain how the [8()A process is, has been, or will be inadequate to address the analysis and mitigation of these impacts going forward so as to justify approval ofthe Moratorium. Further, the fact that CEQAoperates on u project'by-pro1ect basis ensures that the City will be able to account for technological and operational innovations in the so-called "new generation of industrial development." (Staff Report, pp. 3-4.) Fbnm]|v, the Moratorium is itself m project subject to review under CE(}A. (Union of Med. Mur'uuuo Patients, Inc. n. City of San I)/cXo (2019) 7 Cal. 5th 1171 [holding adoption of zoning ordinance vvbicb regulated medical marijuana dispensaries location and operation was a "project"].) As in Union, the Moratorium dictates the placement and location of specific businesses by not allowing certain omem or restrictions vviddo portions of a municipality, vvbicb is capable of causing indirect physical changes io the environment. The regulation of certain types ofdevelopment and, more specifically, where that specific type of development can be located has the potential to exacerbate physical impacts on the environment by, for example; concentrating industrial development in u single area or placing industrial tar from city centers requiring logistics companies to increase vehicles miles traveled to deliver goods (which in turn may iou/mame air quality impacts, etc.). The City'e failure to analyze the environmental impacts of the Moratorium constitutes a violation of CEC)8; therefore, the City Council should reject Ordinance No. o76. 3, The Proper Time for Analyzing the Impacts of Industrial Development and Refining the Development Code to Address These Impacts Was Prior to Commencement of the General Plan U12date Process. The City is, and has been, well aware o[the burgeoning industrial development within the 5BI(). The City itself solicited a discussion with local industrial developers regarding the industrial redevelopment of the former GenOn site on Etivvanda Avenue, and secured State funding to construct the Btiwanda Avenue Project tohelp mitigate current and future traffic impacts associated with industrial development in the area. However, only now, as the City is deep into the process of updating its Honorable Mayor and Members c6 the City Council City of Rancho Cucamonga November 3,202O Page current General Plan and without any notice, did the City suddenly decide that further analysis of industrial development within the SEI[) is necessary to address potential future impacts. The grade separation on Bbw/anda also presents u timing issue for the proposed development as the project will need to construct approximately 2600 linear beet of water line in Etiwanda Avenue, which includes the need to jack and bore underneath the railroad. This work will need tobecoordinated closely with the grade separation design. If this public infrastructure project is allowed to continue without including the [en()n site to proceed with its own development and participate in those discussions with the City / SANB/\C, the site could be left without access to critical utilities to serve the development. The fact is that the proper time for the City to review and analyze its existing development standards and regulations and, if necessary, enzeod such zmgo\utimne to address alleged impacts and deficiencies was prior to initiation of the General Plan Update process so that the new General Plan could take into account these analyses and Code revisions, if any. The City, instead, is attempting tn accomplish this "mid- stream" while simultaneously suspending the processing of all new industrial projects for a period of up to two (2) years. All of this vvbUe the General Plan Update moves forward unabated. TbeCity'a actions are wholly improper and would, io effect, turn the standard municipal long-range planning process on its head to the sole detriment of the industrial development community. 4. The Moratorium is, in Purpose and Effect, a Poorly-Disguised Attempt to Increase Payments to the Cfty. As oohed above, the Cih/'e purported basis for adopting the Mormtorkzoo — e.g, that additional time is required to "evaluate the impacts of the [alleged] rapid deve|opzoeot" of industrial uses vvidzio the SEIO—ia not supported by either the facts or the law. In fact the true purpose underlying the Moratorium is revealed in the Staff Report itself where the City states: "Although large industrial buildings have the potential for generating significant revenue for the City, an analysis of octne\ sites in the City indicates that they typically underperform the City's average for such revenue often by a substantial margin...." (Stuff Report, p. 4] The fuibmzm to proactively address and mitigate for this alleged "nodezpeztozcnuoce'', according to the Staff Report will likely result in "a lost opportunity cost" tm the City (Id.) � Honorable Mayor and Members cdthe City Council City of Rancho Cucamonga Novendbcr3,282O Page Thus, notwithstanding the litany of language in the Staff Report about how allowing industrial development in the SBD] to proceed unabated under the City'e current regulations will result in u plethora of environmental, npmzadooa| and regulatory impacts to the surrounding community (all of which would be appropriately analyzed and mitigated under C88A), the true intent behind the Moratorium is much more straightforward—the City needs a pathway to exact and extract fees. The Citv'y desire for financial gain, particularly in the absence of facts or evidence showing that the lack ofrevenue from new industrial development has resulted in u shortfall or deprived the City of funds necessary to fulfill its municipal obligations, is not a legitimate or legal justification for adopting the Moratorium under Government Code section 6585Q. Based upon the foregoing, the City should reject Urgency Ordinance No. 976 and decline to impose the Moratorium. If, however, the City is nonetheless determined to adopt the Moratorium, BTC, as a current applicant, requests that the Site bedeemed exempt from the Moratorium and allowed to proceed unabated through the entitlement process under the current standards and regulations. Given the actions outlined above and that this Site has long been envisioned for modern industrial development, this Site should be excluded from any moratorium. 6' Conclusion. The City'a proposed Moratorium on industrial development within the SBIQ is fundamentally and fatally flawed and should therefore be rejected by the City Council. There are no facts or circumstances that would support the existence of a "current and immediate" threat to the health, safety and vve|fmoe of the City, as required under Government Code section 65858(c). Further, the failure to adopt the Moratorium will not zeeo/t in any buznm to the City or hinder its ability to analyze and mitigate the impacts of h/tnme industrial development as this is, and will remain, a separate and independent mandate under C2[)A. Contrary to the Staff Report the City'o desire for time to modify its regulations in order to improve the revenue-generating potential of future industrial oaea is not sufficient grounds or justification for adoption of the Moratorium, particularly Given the significant and potentially irreparable impacts to private |aodmvvoera and developers whose constitutional right to utilize their property for its highest and best use and in accordance with tbeCity'e applicable land use designations will beviolated by the Moratorium. � Honorable Mayor and Members of the City Council City of Rancho Cucamonga November 3,2020 Page 7 For the foregoing reasons, BTC respectfully requests that the City Council (i) deny Urgency Ordinance No. 976 and reject the Moratorium; or (ii) if, approved, exempt the Site from the Moratorium. Please contact me if you have any questions or wish to discuss this matter further. Very truly yours, S�-� Jonathan Shardlow, of GRESHAM SAVAGE NOLAN &TILDEN, A Professional Corporation MWN: cc: City Manager,John Gillison* City Attorney,James L.Markman* City Planning Director, Anne McIntosh* Client* via e-mail only) Thornhill, Elizabeth From: McIntosh, Anne Sent: Wednesday, November 4, 2020 2:23 PM To: Bravo-Valdez, Patricia; Thornhill, Elizabeth; Oriel, Jasmin Subject: FW: November 4, 2020 - City Council Agenda Item G.1: Urgency Zoning Ordinance No. 976 Attachments: Ltr to City Council re Urgency Ordinance 11-3-2020.PDF From: Matthew Wm. Nelson <Matthew.Nelson@GreshamSavage.com> Sent:Tuesday, November 3, 2020 2:19 PM To:City Clerk<City.Clerk@cityofrc.us> Cc: Gillison,John<John.Gillison@cityofrc.us>;jmarkman@rwglaw.com; McIntosh,Anne<Anne.McIntosh @cityofrc.us> Subject: November 4, 2020-City Council Agenda Item G.1: Urgency Zoning Ordinance No. 976 u Corporate n not click links o attachment n ess you CAUTION:This email is from outside o m r Gor o network. Do ma ° . pW°ynm ws.. r„open .M° ._.... . s u I?w. . recognize the sender and know the content is safe. Please see the attached with regard to Agenda Item G.1. Thank you. Matthew Wm. Nelson Shareholder(* admitted in both California and Nevada) Gresham Savage Nolan &Tilden, PC 550 East Hospitality Lane, Suite 300 San Bernardino, CA 92408-4205 Office: (909) 890-4499 Ext. 1812 Fax: (909) 890-0687 ww„_G rem < rn S v gg Q , matthew.n icon a eshamaav gcQrri 1. Privileged and Confidential Communication. The information contained in this email and any attachments may be confidential or subject to the attorney client privilege or attorney work product doctrine. If you are not the intended recipient of this communication, you may not use, disclose, print, copy or disseminate the same. If you have received this in error, please notify the sender and destroy all copies of this message. 2. Notice re Tax Advice. Any tax advice contained in this email, including any attachments, is not intended or written to be used, and cannot be used, by you or any other recipient for the purpose of (a) avoiding penalties that may otherwise be imposed by the IRS, or (b) supporting, promoting, marketing, or recommending any transaction or matter to any third party, 3. Transmission of Viruses. Although this communication, and any attached documents or files, are believed to be free of any virus or other defect, it is the responsibility of the recipient to ensure that it is virus free, and the sender does not accept any responsibility for any loss or damage arising in any way from its use. 3. GRESI-iAM SAVAGE Mcittli(w.Nelsoi-la,)Gi-esi-iaryiS�ivag(°.ca)i-ii - Smi BernardinoOffice (909)890-4499 (909)8909877 November 3,2020 VIA E-MAIL (City.C1erk@CijyofRC.us) &U.S. MAIL Mayor and Members of the City Council c/o City Clerk City of Rancho Cucamonga 10500 Civic Center Drive Rancho Cucamonga, CA 91730 Re: City Council Agenda Item G.1: Urgency Zoning Ordinance No. 976 Dear Honorable Mayor and Members of the City Council: This firm represents Duke Realty ("Duke") in connection with its proposed development of a proposed 151,807 square foot industrial building on the 6.73 acre site located at the northeast corner of Pecan Avenue and Whittram Street in the City of Rancho Cucamonga ("City") (the"Project"). As set forth in the Staff Report for the November 4, 2020, City Council hearing (the "Staff Report"), the City is set to consider the adoption of Urgency Zoning Ordinance No. 976 establishing an "Interim Moratorium for a Period of 45 Days on New Industrial Building Development Located (i)Within the Southeast Industrial Quadrant of the City and/or (ii) Within 500 Feet of Foothill Boulevard (the "Moratorium"). The purpose of this letter is to express our deep concern with, and opposition to, the proposed Moratorium and the importance of exempting the Project from the Moratorium, if approved. We respectfully request that the City Council include this letter in the administrative record for this matter. For the reasons outlined below, the City Council should reject the Moratorium: ➢ There is no "current and immediate threat" to public health, safety, or welfare to warrant adoption of the Moratorium under Government Code section 65858(c), as new industrial development within the so-called Southeast ht k", 11,11,01 I ast llos1'11dha Lane, smi" "00 - Sill Be[Imtdino ( sIhCwnm 92-108 11f 401 \A c,T A S'Oect "mie ')25 - Son Dlc.t3o, ( jklm nm 92 10 1 com D605-027--3963865 1 Honorable Mayor and Members of the City Council City of Rancho Cucamonga November 3,2020 Page 2 Industrial Quadrant ("SEIQ") of the City has been actively planned for, and supported by, the City for several years. ➢ Similarly, there is no evidence included in the Staff Report that the approval of new industrial projects is "imminent" or even that there are a multitude of such projects planned or currently pending in the City or SEIQ. (Gov. Code, § 65858(c); Building Industry Legal Defense Foundation v. Superior Court (1999) 72 Cal.AppAth 1410 [mere inquiries, requests, and meetings regarding development projects do not constitute a current and immediate threat within the meaning of Government Code section 65858(c) — the approval of an entitlement must be "imminent" so as to justify an urgency ordinance]; California Charter Sch. Assn. v. City of Huntington Park (2019) 35 Ca1.App.5th 362, 368-372 [accord].) The mere specter of alleged "rapid" industrial development and associated impacts is insufficient to warrant adoption of the Moratorium. ➢ Even assuming the existence of such exigent circumstances, which are not present, the City's basis for the Moratorium — e.g., that additional time is required to "evaluate the impacts of the [alleged] rapid development" of industrial uses within the SEIQ—fails as a matter of law. Contrary to the Staff Report, there is already a legislative mechanism in place to evaluate and mitigate the regulatory, operational and environmental impacts of industrial development in the City — the California Environmental Quality Act (Pub. Resources Code, §§ 21000, et seq. ("CEQA"). The City fails to identify or explain how the CEQA process is, has been, or will be inadequate to address these issues going forward and that therefore the Moratorium is justified. ➢ The timing for the Moratorium is inconsistent with the City's pending General Plan Update as the proper time for considering legislative amendments to address the impacts — real and perceived — of development within the City is prior to initiation of the General Plan Update process. The City's attempt to temporarily halt industrial development so that it can modify the standards and requirements for such uses "mid-stream" of the General Plan Update is wholly improper and would effectively turn the established General Plan and legislative process on its head. ➢ The Staff Report makes clear that the true purpose behind the Moratorium is to allow the City time to craft a new fee structure for industrial development to ensure that the City does not miss out on potential future "opportunity cost[s]" associated with new industrial uses. (Staff Report, p. 4.) There is no evidence D605-027--3963865 1 ' Honorable Mayor and Members otthe City Council City nf Rancho Cucamonga November 3,2O20 Page provided indicating that industrial development has deprived the City and its residents of important revenue sources that are vital to protecting and preserving the health, safety and welfare uf the City. Finally, the City'e adoption ofthe Moratorium would have devastating impacts for industrial developers such as Duke that have pending projects in the City and entered into contractual commitments based upon the existing development regulations and standards. In fact, [)nka met with the City on September 29, 2020 - two days prior to the proposed exemption date of October l, 2820 - to discuss the Project entideroenteandtioneliueforapprovai and the City made oo mention nf the proposed Moratorium nrof any deadline for entitlement applications to avoid the moratorium. The Citv'a silence was disingenuous at best and, at vvozet potentially fraudulent and a basis for significant liability. Duke detrimentally relied on the [i+y'a representations, taking the next steps in acquiring the property and committing significant non- refundable funds. Should the Moratorium get approved, Duke will have to cancel escrow, resulting io significant monetary damages. Based upon the above, as discussed more bz|1y below, the City should decline to approve Urgency Ordinance No. 976and rejectthe Moratorium. However, if the City is determined to adopt the Moratorium despite the significant defects outlined above, we request that an exemption be included so that the Project can proceed through the entitlement process under the current standards and regulations. 1' There Is No "Current and Immediate Threat" to Public Health, Safely, o Welfare As Necessa1y to Warrant Adoption of the Moratorium. A moratorium ia mu extraordinary tool. It allows cities tofreeze development for a period of op to two (2) years when there is some circumstance that creates an /oxmnudiutu threat to the public health, safety or welfare. As m roo/mtudnmm is to be used as a temporary measure to resolve au urgent problem until amore permanent solution can be enacted, the Govmzoozmot Code requires that cities follow certain safeguards before they may adopt amoratorium. Specifically, a city must articulate that: (1) "there is o current and immediate threat to the public health, safety, or welfare," and (2) "the approval ofadditional . . . [land use] permits would result in that threat to public health, safety, ozvve]faoe." (Gov. Code, §65858(c).) In other words, to adopt a cnozatocino\ a city must find that there is some sort o/ immediate threat to the public - for example, there may be potential danger from Honorable Mayor and Members of the City Council City of Rancho Cucamonga November 3,2020 Page 4 flooding or the threatened destruction of historic buildings. Then, the city must find that the issuance of development or building permits will result in that threat occurring — meaning for example, that if a permit is granted, the flooding is likely to occur, or the historic buildings will be destroyed. Health and safety concerns, or compelling and emergency situations, such as dangers from floods or inadequate potable water supplies, are particularly strong justifications for the enactment of stop- gap zoning regulations such as moratoria. (Gilbert v State of California (1990) 218 Cal.App.3d 234.) However, in order to withstand legal challenge, the moratorium must legitimately address the perceived hazard. Here, notwithstanding the lengthy discussion presented in the Staff Report regarding the City's need for the moratorium, there is no such articulable immediate threat to the public health, safety or welfare requiring the adoption of this extraordinary action. The City has been actively involved in the development and redevelopment of industrial properties within the SEIQ and surrounding area, including the recently- approved Goodman Logistics Center located at 8600 Etiwanda Avenue directly west of the Property. In fact, on April 25, 2019, the City held an open meeting with a variety of different developers for the sole purpose of discussing the future industrial development of the former GenOn property located at 8996 Etiwanda Avenue. Further, the City has obtained approximately $60 million in funding generated by Senate Bill I (the gas tax legislation) for use in constructing the Etiwanda Avenue Grade Separation Project ("Etiwanda Avenue Project"), which will involve the construction of a four-lane roadway overcrossing between Napa Street and Whittrarn Avenue over the existing railroad tracks (Metrolink San Bernardino line), separating roadway traffic from commuter and freight traffic. The purpose of the Etiwanda Avenue Project is to eliminate the significant delays and queuing caused by the regular train traffic traveling along the line and provide for the free-flow of traffic along and through the Etiwanda Avenue corridor, the heart of the SEIQ and hub of industrial development within the City. In short, the Staff Report's suggestion that the City has been caught"off guard" by the rise of industrial development within the SEIQ and surrounding area, and that the Moratorium is necessary to allow time for the City to analyze and modify the standards governing development in this area is absolutely false. Moreover, as it relates specifically to a moratorium involving the suspension of land use entitlements for a particular use while the city updates its general plan, the law is clear that a sufficient "current and immediate threat" is found only where the actual D605-027-3963865 1 Honorable Mayor and Members of the City Council City of Rancho Cucamonga November 3,2020 Page 5 approval and entitlement of such uses is "imminent." (Building Industry Legal Defense Foundation v. Superior Court (1999) 72 Cal.AppAth 1410; California Charter Sch. Assn. v. City of Huntington Park(2019) 35 Ca1.App.5th 362, 368-372.) In California Charter Sch. Assn. v. City of Huntington Park (2019) 35 Cal.App.5th 362, the City of Huntington Park adopted an urgency ordinance prohibiting the issuance of any conditional use permits for charter schools for one year based upon an alleged "proliferation of inquiries and requests for the establishment and operation of charter schools." The moratorium was challenged and, on appeal, the Court of Appeal reversed the trial court's decision upholding the validity of the urgency ordinance. In reliance upon Building Industry Legal Defense Foundation v. Superior Court (1999) 72 Cal.AppAth 1410,which involved rejection of an interim ordinance that suspended the processing of development applications while the city reviewed and updated its general plan,' and citing the legislative history of Government Code section 658581 and associated case-law,' the Court of Appeal held that 'Jilf processing a filed application as in Building Industry does not pose a current and immediate threat to the public health, safety, or welfare because no rights will vest imminently, then mere inquiries, requests, and meetings, preliminary to submitting a CUP application, cannot possibly present that threat." (California Charter Sch.Assn., 35 Cal.App.5th at p. 371.) Here, the Staff Report and resolution fail to identify or allege that the approval of any specific industrial project (or projects) is imminent so as to give rise to the requisite current and immediate threat. In fact, the only two pending projects identified by the City in the Staff Report — the Bridge Point and Hillwood projects along Etiwanda Avenue—are moving along in the development process but are not imminently set for approval and admittedly will not be impacted by the Moratorium. (Staff Report, p. 6.) 1 In the Building Industry case, the city adopted the ordinance after a developer submitted an application for a residential subdivision. As justification for the ordinance, the city recited that its antiquated general plan needed review and that issues had arisen about the adequacy of various land use elements and overcrowding or potential overcrowding of schools in the immediate future "from building permits currently authorized." (Building Industry, supra 72 Cal.AppAth at p. 1413.) ' "Although the Legislature could have tied adoption of an interim ordinance to the submission or processing of a development application, it chose to set the bar higher, restricting its application to situations where an approval of an entitlement of use was imminent." (Building Industry,supra,72 Cal.AppAth at pp. 1418-1419.) 3 See, e.g., Crown Motors v. City of Redding (1991) 232 Cal.App.3d 17; 216 Sutter Bay Assocs. v. County of Sutter(1997)58 Ca1.App.4th 860; Conway v. City of Imperial Beach(1997)52 Ca1.App.4th 78;Metro Realty v. County of El Dorado(1963)222 Ca1.App.2d 508. D60-027--3963865A Honorable Mayor and Members of the City Council City of Rancho Cucamonga November 3,2020 Page 6 As such, the City lacks sufficient, or any, legal justification for the Moratorium and the City Council should, accordingly, deny Ordinance No. 976. 2. The Legislature Has Established CEQA—Not Moratoria—as the Appropriate Mechanism for Evaluating and Mitigating Impacts Associated with New Development. The City's Staff Report asserts, erroneously, that the Moratorium is necessary to allow the City time to "fully evaluate the impacts of the rapid development of [the SElQ] on a broader scale," including as to the City's General Plan and Development Code and with regard to the operational, environmental and fiscal impacts associated with industrial development. (Staff Report, pp. 3-6.) The Staff Report goes on to discuss each of these items in detail and discuss how new industrial development causes or contributes to increased impacts requiring further study and analysis by the City. The problem, however, is that the Legislature already established a legal mechanism for analyzing the impacts of new development and ensuring that there is sufficient mitigation in place to minimize or offset these environmental, operational and other impacts — CEQA. Notably, the City fails to even discuss the role CEQA plays in the entitlement process or explain how the CEQA process is, has been, or will be inadequate to address the analysis and mitigation of these impacts going forward so as to justify approval of the Moratorium. Further, the fact that CEQA operates on a project-by-project basis ensures that the City will be able to account for technological and operational innovations in the so-called "new generation of industrial development." (Staff Report, pp. 3-4.) Finally, the Moratorium is itself a project subject to review under CEQA. (Union of Med. Marijuana Patients, Inc. v. City of San Diego (2019) 7 Cal. 5th 1171 [holding adoption of zoning ordinance which regulated medical marijuana dispensaries location and operation was a "project"].) As in Union, the Moratorium dictates the placement and location of specific businesses by not allowing certain uses or restrictions within portions of a municipality, which is capable of causing indirect physical changes in the environment. The regulation of certain types of development and, more specifically, where that specific type of development can be located has the potential to exacerbate physical impacts on the environment by, for example, concentrating industrial development in a single area or placing industrial far from city centers requiring logistics companies to increase vehicles miles traveled to deliver goods (which in turn may increase air quality impacts, etc.). The City's failure to D605-027--3963865A Honorable Mayor and Members nfthe City Council City of Rancho Cucamonga November 3,2020 Page analyze the environmental impacts of the Moratorium constitutes o violation of [BOA;tberehore, the City Council should reject OrdineuceNo. 976. 3' The Proper Time for Analyzing the Impacts of Industrial Development and Refining the Development Code to Address These Impacts Was Prior to Commencement of the General Plan U12date Process. As oohed above the []tv is, and has been, well aware of the burgeoning iodnobja| development within the SEI(). The City itself solicited u discussion with local industrial developers regarding the industrial redevelopment of the former Gen(]o site on Etiwaoda Avenue, and secured State funding to construct the Edwaoda Avenue Project to help mitigate current and future traffic impacts associated with industrial development iothe area. However, only now, as the City is deep into the process of updating its current General Plan and without any advance nmdoa to the industrial development community, did the City suddenly decide that further analysis of industrial development within the SEI{) is necessary to address potential b/tnce impacts. The fact is that the proper time for the City to review and analyze its existing development standards and regulations and, if necessary, amend such regulations to address alleged impacts and deficiencies was prior to initiation of the General Plan Update process so that the new General Plan could take into account these analyses and Code revisions, if any. The City, instead, is attempting tm accomplish this "mid- stream" while simultaneously suspending the processing of all new industrial projects for a period of up to two (2) years. All of this while the General 9loo Update moves forward unabated. The Citv'a actions are wholly improper and would, in effect, tnno the standard municipal long-range planning process on its head to the sole detriment of the industrial development community. 4. The Moratorium is,in Purpose and Effect,a Poorly-Disguised Money Grab. As noted above, the C]h/e purported basis for adopting dheMozetoriozn - e.g, that additional time is required to "evaluate the impacts of the [alleged] rapid development" of industrial neee within the SBIO-io not supported by either the facto oz the law. [n fact, the true purpose underlying the Moratorium ie revealed bu the Staff Report itself where the City states: "Although large industrial buildings have the potential for generating significant revenoefortbeCib, an analysis nf actual sites in the City indicates that they typically onderpe,forrnthe City'e average for such revenue often by m substantial margin...." (Stuff Report, p. 4.) The failure to proactively m*5-027-3963865A - Honorable Mayor and Members ufthe City Council City o±Rancho Cucamonga November 3, 2Q20 Page address and mitigate for this alleged "underpetnmuanue", according to the Staff Report,will likely result in"a lost opportunity cost" to the City (Id.) Thus, notwithstanding the litany of language iuthe Staff Report about how allowing industrial development in the SBK] to proceed unabated under the City'a current ze8n|ab000 will result in a plethora of environmental, operational and regulatory impacts to the surrounding community (all of which would be appropriately analyzed and mitigated under [B0A), the true intent behind the Moratorium is runcb more straightforward — the City is dissatisfied with the size of its "slice" of the industrial development "pie" and needs time to craft anew fee ebochuze and regulations to ensure that it gets the "cnt" it deserves from future industrial uses. The City'e desire for financial gain, particularly in the absence of facts or evidence showing that the lack of revenue from new industrial development has resulted in a shortfall or deprived the City of funds necessary to fulfill its municipal obligations, is not a legitimate or )e8aljnodficubonforadoptiogthe Moratorium under Government Code section 65858. 5' The Moratorium Will Have a Significant Impact on Industrial Development. For all of the Staff Report's discussion regarding the impacts of industrial development within the SEI[i there is one perspective that ianot accounted for or discussed — stakeholders in the industrial development community. The City'e adoption of the Moratorium would have devastating impacts for industrial developers, including Duke, that have pending projects intbeCityandthatpnzcbaemd property designated and zoned for industrial development with the expectation that they would bepermitted to entitle the property for that particular use. In fact as noted above, representatives from Duke met with the City on September 29, 2020io order to discuss the Project enddmzoenbaaod timeline for approval. At that meeting, the City nnmdm no mention of the proposed Moratorium despite clearly knowing that Duke was iothe due diligence process with a high likelihood ofmoving forward with a pozcbaaw of the Property in the upcoming months and that the City would designate October I,' as the deadline for application submittal in order tobe exempt from the Moratorium. The City'e silence was disingenuous and a deliberate effort to mislead Duke into purchasing the Property when it was fully aware of Duke's intended plans for development of the Property. - Honorable Mayor and Members uf the City Council City of Rancho Cucamonga November 3, 2020 Page There are undoubtedly numerous other developers and property owners in the SEIO vvhoac development plans for their properties will be severely impacted by the Moratorium. These properties are purchased and developed with specific timelines and budgets in place to ensure the availability of sufficient funds to cover the anticipated carrying, construction and development costs for the proposed industrial developments, many of which may no longer be viable and able to move b`rvvuzd under the Mormtwzinno.^ The [ity'e Staff Report fails to account for or address these significant impacts to the industrial development community Based upon the foregoing, the City should reject Urgency Ordinance No. 976 and decline to impose the Moratorium. If, however, the City ia nonetheless determined to adopt the Moratorium, Duke requests that the Project be deemed exempt from the Mozmto/boco and allowed to proceed unabated through the entitlement process under the current standards and regulations. Given the City'a actions outlined above, an exemption for the Duke Project is the very least the City can do under the current circumstances. 6' Conclusion. The City'a proposed Moratorium on industrial development within the SEIQ is fundamentally and fatally flawed and should therefore be rejected bytheCityConnci\. There are no facts or circumstances that would support the existence of a "current and immediate" threat to the health, safety and welfare of the City, as required under Government Code mocdou 65858(d. Further, the failure to adopt the Moratorium will not result in any hmon to the City or hinder its ability to analyze and mitigate the impacts of future industrial development as this is, and will remain, a aepozotm and independent mandate under CEOA. ^Moreover,the City'aadoption of the Moratorium may constitute a temporary taking requiring the payment of just compensation. When e znozotodozo prevents property owners from building on their properties, the City deprives the property owners' land of all economically beneficial use. (Monks n. City ofRancho Po/uu Verdes (2008) 167Cai App. 4Hh263, 270 [citing Lucas n. Son/6 Cx/n/bzu Cmua/x/ Council (1992) 505 U.S. 1003, 1027); see also Lucas otp. 1019 ["when the owner of real property has been called upon to sacrifice all economically beneficial uses bn the name of the common good, that is, to leave his property economically idle, 6ehas suffered a tekbng!'].) Takings vvlddz deny landowners all economically viable use of their property,even iftemporary, can 6e considered coozponsob|etakings. (Penn Central Tmusp. Co. n. New York City (l978)438D.S. l04, 13Q'o.36; Carpenter n. Tahoe Regional Planning AXuncy, 804 R. Supp. l3I6, l327(D.Nev. l992)j Honorable Mayor and Members of the City Council City of Rancho Cucamonga November 3,2020 Page 10 Contrary to the Staff Report, the City's desire for time to modify its regulations in order to improve the revenue-generating potential of future industrial uses is not sufficient grounds or justification for adoption of the Moratorium, particularly given the significant and potentially irreparable impacts to private landowners and developers whose constitutional right to utilize their property for its highest and best use and in accordance with the City's applicable land use designations will be violated by the Moratorium. For the foregoing reasons, Duke respectfully requests that the City Council (i) deny Urgency Ordinance No. 976 and reject the Moratorium; or (ii) if, approved, exempt the Project from the Moratorium. Please contact me if you have any questions or wish to discuss this matter further. Very truly yours, Matthew Wm. Nelson, of GRESHAM SAVAGE NOLAN &TILDEN, A Professional Corporation MWN:jmk cc: City Manager,John Gillison (john.gillison@cityofrc.us) City Attorney,James L. Markman (jmarkman@rwglaw.com)* City Planning Director, Anne McIntosh (anne.mcintosh@cityofrc.us)* Client* via e-mail only) D605-027 3963865 1 Thornhill, Elizabeth From: McIntosh, Anne Sent: Wednesday, November 4, 2020 2:23 PM To: Bravo-Valdez, Patricia;Thornhill, Elizabeth; Oriel, Jasmin Subject: FW: City Council Agenda Item G.1: Urgency Zoning Ordinance No. 976 Attachments: City Council of Rancho Cucamonga Re Urgency Ordincance No. 976 .pdf From:Teri Gallagher<Teri.Gallagher@greshamsavage.com> Sent:Tuesday, November 3, 2020 2:37 PM To:City Clerk<City.Clerk@cityofrc.us> Cc: Gillison,John<John.Gillison@cityofrc.us>; McIntosh, Anne<Anne.Mclntosh@cityofrc.us>; 'rdanner@rwglaw.com' <rdanner@rwglaw.com>;jmarkman@rwglaw.com; Paige H. Gosney<Paige.Gosney@GreshamSavage.com> Subject: City Council Agenda Item G.1: Urgency Zoning Ordinance No. 976 µ_......_ m ._. ......... _._._.__. ..... .. .. _.. _: .._........ CAL lOf :This email is from outside our.-C-a_.rp_o ra_t...e network..... -...�D......o no-t..click ....links.o.._r open attachments.. _........_...._.._ _unless y...o.0 recognize the sender and know the content is safe. Please see the attached correspondence. Hard copy to follow via First Class Mail. Please let us know if you have any problems opening the attachment. Thank you, Teri Gallagher Teri Gallagher all Legal Assistant to Marlene L. Alle,(14 nd Paige H.Gosney,'' Gresham Savage Nolan &Tilden, PC 550 East Hospitality Lane, Suite 300 San Bernardino, CA 92408-4205 Office: (909) 890-4499 Ext. 1742 Fax: (909) 890-9877 wwv_w Gr har v oirn 1. Privileged and Confidential Communication. The information contained in this email and any attachments may be confidential or subject to the attorney client privilege or attorney work product doctrine. If you are not the intended recipient of this communication, you may not use, disclose, print, copy or disseminate the same. If you have received this in error, please notify the sender and destroy all copies of this message. 2. Notice re Tax Advice. Any tax advice contained in this email, including any attachments, is not intended or written to be used, and cannot be used, by you or any other recipient for the purpose of (a) avoiding penalties that may otherwise be imposed by the IRS, or (b) supporting, promoting, marketing, or recommending any transaction or matter to any third party. 4. i GRESHAM SAVAGE Paige.Gosiiey((i)Gi-eshamSavage.coni - San Bernardino Office (909)890-4499 fax(909)890-9S77 November 3, 2020 VIA E-MAIL: city.clerkCa)cityof rc.0 s AND U.S. MAIL Mayor and Members of the City Council c/o City Clerk City of Rancho Cucamonga 10500 Civic Center Drive Rancho Cucamonga, CA 91730 Re: City Council Agenda Item GA: Urgency Zoning Ordinance No. 976 Dear Honorable Mayor and Members of the City Council: This firm represents Bernell Hydraulics, Inc. ("Bernell") in connection with its ownership and operation of the business located at 8810 Etiwanda Avenue in the City of Rancho Cucamonga ("City") ("Property"). The Property was recently acquired by the City as part of the proposed Etiwanda Grade Separation Project ("Etiwanda Avenue Project"), the transfer of which is currently pending pursuant to a September 1.6, 2020, Purchase and Sale Agreement and Escrow Instructions executed between the City, Bernell and the fee owners of the Property (the "Agreement"), a copy of which is attached as Exhibit A. Among other things, the Agreement provides for an approximate two (2) year leaseback to Bernell for the express and implied purpose of which was to allow sufficient time for Bernell to entitle and construct a replacement building for its business directly across the street at 8821, Etiwanda Avenue. (Agreement, T 37; Exh. 1.) The City expressly committed to "cooperate with Bernell in expediting the permitting, entitlement and construction of the replacement building at 8821 Etiwanda Avenue..." in order to ensure that the replacement building would be ready for occupancy at the time of termination of the leaseback in June 2022. (Agreement, T 13(d).) As set forth in the Staff Report for the November 4, 2020, City Council hearing (the "Staff Report"), the City is set to consider the adoption of Urgency Zoning Ordinance No. 976 establishing an "Interim Moratorium for a Period of 45 Days on New Industrial Building Development Located (i) Within the Southeast Industrial Quadrant of the City and/or (ii) Within 500 Feet of Foothill Boulevard (the "Moratorium"). k}1i 74�O fl ,i,f Ho,plt 1111% I All" 'WHIC "OH ' SM[ �'U(11110 ( Jhh'tll Id 92 B1166400- 39644571 Honorable Mayor and Members of the City Council City of Rancho Cucamonga November 3, 2020 Page 2 The Moratorium, if adopted, would preclude Bernell from proceeding with the "permitting, entitlement and construction" of the replacement building at 8821 Etiwanda Avenue until potentially November 2022 - nearly five (5) months after termination of the leaseback under the Agreement. (Gov. Code, § 65858.) This scenario would place Bernell in an untenable position as (i) the City will have re-taken possession of the 8810 Etiwanda property and structures and commenced construction of the Etiwanda Avenue Project, and (ii) the entitlement and construction of the replacement building on the 8821 Etiwanda Avenue property, suspended during the term of the Moratorium,will require at least an additional 18 to 24 months (November 2024) to be completed. The purpose of this letter is to express our deep concern with, and opposition to, the proposed Moratorium. First, there is no "current and immediate threat" to public health, safety, or welfare, as required under Government Code section 65858(c) to warrant adoption of the Moratorium. The Staff Report identifies no specific industrial project(s) the approval of which by the City is "imminent" as justifying the Moratorium (Building Industry Legal Defense Foundation v. Superior Court (1999) 72 Cal.App.4th 1410; California Charter Sch. Assn. v. City of Huntington Park (2019) 35 Ca1.App.5th 362, 368-372); rather, the Staff Report vaguely alleges the "rapid development" of new industrial uses in the area surrounding the Property and the need for time for the City to study how to mitigate the impacts of the so-called "newer generation of industrial development." (Staff Report, pp. 2-5.) The City provides no specific supporting facts or details regarding the alleged proliferation of these "new" projects. Nor does the City provide any explanation as to how/why the City could not have studied and prepared for the effects of these "new" industrial uses (which the City has clearly known about for years, as illustrated by the recently-approved projects surrounding the Property) prior to embarking on the process of updating its current General Plan. There is, in short, no legitimate or legal justification for the Moratorium. Second, it is clear from the Staff Report that the real purpose and intent behind the Moratorium is the loss of potential revenue from new industrial development under the City's current development standards and regulations. (Staff Report, p. 2 [the failure to revise the current regulations to improve the City's tax and revenue stream from new industrial development will likely result in "a lost opportunity cost" to the City].) This is not a proper basis for adopting the Moratorium. Moreover, unlike many of the surrounding warehouse and distribution facilities in the area, Bernell is not a large industrial or big box developer and "underperforming" source of revenue B 1166.000--3964457.1 Honorable Mayor and Members of the City Council City of Rancho Cucamonga November 3,2020 Page 3 for the City. The Staff Report makes clear that small industrial property owners and businesses like Bernell are not the intended target of the Moratorium, but nonetheless unfairly forces them to suffer the severe consequences of the Moratorium's suspension of new industrial development and construction. This is patently unjust. Third, the Staff Report fails to account for the fact that the California Environmental Quality Act (Pub. Resources Code, §§ 21000, et seq.) ("CEQA") already provides a mechanism for analyzing the impacts of industrial development on a project-by- project basis and, where necessary or appropriate, mitigating for the impacts caused by such development. There is, accordingly, no independent need for the City to temporarily suspend all new industrial development and construction in order to study the effects of these projects as CEQA already provides the City the opportunity -and legislative mandate-to do so. Finally, if the City is determined to adopt the Moratorium despite the defects outlined above, the City should include an exemption for the Property in accordance with the express and implied terms of the Agreement. Clearly, the imposition of a potential two (2) year moratorium on industrial construction is inconsistent, and cannot be reconciled, with the City's contractual commitment under the Agreement to "cooperate with Bernell in expediting the permitting, entitlement and construction of the replacement building at 8821 Etiwanda Avenue..." so as to ensure that the replacement building would be ready for occupancy at the time of termination of the leaseback in June 2022. (Agreement, Iffy[ 13(d), 37, Exh. I [Lease Agreement].) Alternatively, the City should agree to amend the Agreement to extend the term of the leaseback to Bernell for a period of two (2)years after expiration of the Moratorium. Please be advised, however, that in the event that the City adopts the Moratorium,but refuses to exempt the Property as requested in this letter or to amend the Agreement to extend the term of the leaseback, Bernell will have no choice but to treat the City's actions as a breach of the Agreement and exercise all available legal rights and remedies. It remains our sincere hope that such efforts will be unnecessary and that the City will honor and abide by its commitments under the Agreement. Based upon the foregoing, Bernell respectfully requests that the City Council (i) deny Urgency Ordinance No. 976 and reject the Moratorium; or (ii) if approved, exempt the Property from the Moratorium or, alternatively, amend the Agreement to extend the duration of the leaseback to Bernell for an additional two (2) years after expiration of the Moratorium. B 1166-000--3964457.1 Honorable Mayor and Members of the City Council City of Rancho Cucamonga November 3, 2020 Page 4 Please contact me if you have any questions or wish to discuss this matter further. Very trUl Yours, te . Gosney, of G ES M SAVAGE * L N TILDEN, * Professional Corporation PI G:tdg Enclosure cc: City Manager,John Gillison (via e-mai.1 only) City Attorney,James L. Markman (via e-mail only) City Attorney, Regina Danner (via e-rnail only) City Planning Director, Anne McIntosh (via e-mail only) Client (via e-mail only) B1166-000- 3Q64451A EXHIBIT "A" 6 PURCHASE AND SALE AGREEMENT AND ESCROW INSTRUCTIONS This Purchase and Sale Agreement and Escrow Instructions (this "Agreement") is made and entered into as of September 16, 2020 (the "Effective Date"), by and between the CITY OF RANCHO CUCAMONGA, A MUNICIPAL CORPORATION ("CITY") (the "Buyer"), and JONES FAMILY TRUST OF 2010, AS TO AN UNDIVIDED 2/3 INTEREST, AND ROBERT BRUCE STANFORD, JR., AND WILLIAM R. RUSHING AS SUCCESSOR TRUSTEE OF THE STRACK FAMILY TRUST, DATED MARCH 13, 2014, AS TO AN UNDIVIDED 1/3 INTEREST, (collectively referred to herein as "JONES") ("Seller"), and BERNELL HYDRAULICS, INC. (`Bernell'), with respect to the following facts: RECITALS A. Seller and Bernell are the owners of and desire to sell to Buyer: (a) The fee simple interest in the real property located at 8810 Etiwanda Avenue in the City of Rancho Cucamonga, County of San Bernardino, State of California, and further identified as portions of San Bernardino County Tax Assessor's Parcel Number 0229- 131-07,and more particularly described on Exhibit A and depicted on Exhibit B.attached hereto and made a part hereof; together with all of the interest of Seller in any and all rights and appurtenances pertaining to such property,including any right,title and interest of Seller in and to adjacent streets,alleys or rights-of-way(collectively,the "Land");and (b) the structures, fixtures and other improvements on the Land(collectively, the "Improvements", and together with the Land, the "Property"), owned by either Seller or Bernell,and more particularly described in Exhibit C,attached hereto and made a part hereof B. The parties acknowledge that the Property is being acquired by the Buyer by grant deed in lieu of condemnation. In such regard,the parties further acknowledge that Buyer shall pay consideration for the potential loss of business goodwill to the business operating on the Property resulting from the acquisition of the Property("Goodwill")and the relocation of the business known as Bernell Hydraulics, Inc. herein;all relocation costs arising from the relocation of Bernell("Relocation"). C. Buyer desires to purchase the Property from Seller, and pay such consideration for the Goodwill and Relocation to Bernell. D. By this Agreement, Seller and Bernell agree to sell the Property to Buyer upon and subject to the terms and conditions set forth herein. NOW,THEREFORE,in consideration of the terms and conditions ofthis Agreement and for other valuable consideration,the receipt of which is hereby acknowledged, the Buyer, Seller and Bernell agree as follows: 1. Purchase and Sale. Subject to and in accordance with the terms and conditions hereinafter set forth,on the Close of Escrow(as defined in Section 2), Seller and Bernell agree to sell to Buyer, and Buyer agrees to purchase from Seller and Bernell, the subject property 1 11231-024712428923 v6.doc interests described in the foregoing recitals. 2. Opening and Closing of Escrow. Within five (5) days after the Effective Date, an escrow (the "Escrow") shall be opened with Commonwealth Land Title Company (the "Escrow Holder"), 888 South Figueroa Street, Suite 2100, Los Angeles, CA 90017, Attention: Crystal Leyvas, VP National Accounts Escrow Officer, Telephone: (213) 330-3059; Email: cleyvas(o,citic.com ("Opening of Escrow"). Upon the Opening of Escrow, the parties hereto shall deposit a fully executed original of this Agreement with Escrow Holder and this Agreement shall serve as the instructions to Escrow Holder for consummation of the transactions contemplated hereby. Seller, Bernell and Buyer agree to execute such additional and supplementary escrow instructions as may be appropriate to enable Escrow Holder to comply with the terms of this Agreement; provided, however, that in the event of any conflict between the terms and provisions of this Agreement and the terms and provisions of any supplementary escrow instructions, the terms and provisions of this Agreement shall control. The "Close of Escrow" or "Closing" shall be the date that a Grant Deed for the Property in favor of Buyer is recorded in the Official Records of the San Bernardino County Recorder's Office. The Close of Escrow shall occur within fifteen (15) days after the expiration of the Due Diligence Period (as defined in Section 9, below), but not later than October 30, 2020 (the "Closing Date"). Notwithstanding the foregoing, Seller or Buyer, at their option may extend the Close of Escrow for two (2) periods of thirty (30) days each; provided that the party requesting the extension shall provide the remaining parties hereto with written notice of such an extension of the Close of Escrow at least thirty(30) days prior to the then currently scheduled Close of Escrow. 3. Purchase Price; Deposit; Escrow Account. (a) The total consideration for the Property, Goodwill, and Relocation shall be the sum of Three Million Seventy-Seven Thousand Five Hundred Eighty Dollars ($3,077,580.00) (the "Purchase Price"). Seller and Bernell have requested and the Purchase Price shall be distributed as follows: (i) $1,273,348 to Seller for the Land, and certain portions of the Improvements; (ii) $1,432,767 to Bernell for the Goodwill and Relocation; (iii) $371,465 to Bernell for certain portions of the Improvements. (b) Within five (5) business days after the Effective Date, Buyer shall deliver to Escrow Holder an earnest money deposit in the amount of One Thousand Dollars ($1,000.00) (the "Deposit") in the form of a cashier's check, or other form acceptable to the Escrow Holder. The Deposit shall be placed in an interest-bearing bank account (the "Escrow Account") and all interest accruing thereon shall increase and become a part of the Deposit. On the Close of Escrow, the Deposit shall be applied toward the cash payment of the Purchase Price. The remaining balance of the cash payment of the Purchase Price shall be payable by Buyer in the form of a cashier's check,or other form acceptable to Seller and the Escrow Holder and placed in the Escrow Account no later than one (1) business day prior to the Close of Escrow. In the event that Buyer terminates this Agreement by written notice to Seller on or prior to the expiration of the Due Diligence Period (as defined in Section 9) in accordance with the terms and provisions 2 1 1231-0247\2428923v6.doc hereof, the Deposit shall be refunded to Buyer, less one-half(1/2)of any and all cancellation fees charged by the Escrow Holder and/or Title Company. Upon the expiration of the Due Diligence Period, if this Agreement has not been terminated or deemed terminated as provided herein, the Deposit shall become non- refundable and shall be applied toward the Purchase Price at the Close of Escrow or released to and retained by Seller if the Close of Escrow does not occur as the result of(i) a default by Buyer or(ii) Buyer's termination of this Agreement (except in the event of a default by Seller or Bernell, or the failure of a condition precedent to Buyer's obligations under this Agreement as provided in Section 12). 4. Delivery of Documents on the Close of Escrow. (a) On the Close of Escrow, Seller covenants and agrees to cause to be delivered to Buyer duly executed and acknowledged Grant Deed in the form attached as Exhibit D hereto (the "Grant Deed") conveying to Buyer the fee simple interest in the Property subject only to the Permitted Title Exceptions(as defined in Section 5) approved by Buyer, as provided below. (b) At the Close of Escrow, Buyer shall receive the Title Policy (as defined in Section 5) issued by Commonwealth Land Title Insurance Company (the "Title Company"), 4100 Newport Place, Suite 120, Newport Beach, CA 92660, Attention: Chris Mazier, Title Officer, Phone: (949) 724-3170: Email unitl 0(o,citic.com, insuring in Buyer title to the Property, free and clear of all liens and encumbrances other than the Permitted Title Exceptions(as defined in Section 5). 5. Title and Title Insurance. (a) Within five (5) days after the Effective Date, Seller shall cause the Title Company to deliver to Buyer a preliminary title report for the Property from Title Company together with copies of all instruments noted as exceptions therein (the "Preliminary Title Report"). Buyer shall also have the option of ordering, at its cost, an ALTA survey for the Property pursuant to the terms set forth in Section 14 (the "Survey"). (b) Buyer shall have until ten (10) days prior to the expiration of the Due Diligence Period to disapprove any exceptions to title shown on the Preliminary Title Report or reflected on the Survey (collectively, "Disapproved Exceptions") and to provide Seller with notice of disapproval in writing describing the defect with reasonable particularity (the "Disapproval Notice"). Any exceptions to title not disapproved by Buyer within such period shall be deemed approved. Within five (5) business days of Seller's receipt of a Disapproval Notice, Seller shall have the right, but not the obligation, to notify Buyer in writing that Seller intends to remove the Disapproved Exceptions. If Seller notifies Buyer of an intention to eliminate the Disapproved Exceptions, Seller shall do so concurrently with or prior to the Close of Escrow; provided, however, if such Disapproved Exception is not susceptible of removal and cure prior to the Close of Escrow despite Seller's commercially reasonable efforts, the scheduled date for the Close of Escrow shall be automatically extended by a reasonable additional time to effect such a cure, but in no event shall the extension exceed thirty(30) days after the Closing Date. If Seller does not elect to remove any of the Disapproved Exceptions, Buyer, by notifying in writing Seller within three(3)business days afterthe expirationof Seller's election period, may elect to terminate this Agreement or to take the Property subject to the 3 112 3 1-0247\2428923v6.doe Disapproved Exceptions. In any event, Seller covenants to pay in full all loans secured by mortgages and deeds oftrust encumbering the Property and to remove any mechanics liens and any other monetary liens encumbering the Property(other than current real property taxes and assessments which are not due and payable) prior to or concurrently with the Close of Escrow;provided,however, Seller shall have the right to bond over mechanic's liens so long as such bond is reasonably acceptable in form and substance to the Buyer and is sufficient to allow the Title Company to insure over such liens in the Title Policy(defined below). The Title Policy shall include such endorsements as Buyer shall reasonably request and which Title Company agrees to issue on or before the expiration of the Due Diligence Period. Any title policy endorsements shall be paid by Buyer. Whether or not Buyer shall have furnished to Seller any notice of Disapproved Exceptions pursuant to the foregoing provisions of this Agreement, Buyer may, at or prior to the Close of Escrow,notify Seller in writing of any objections to title first raised by the Title Company between (a) the last date on which Buyer is entitled to make such an objection as set forth above and (b) the date on which the transaction contemplated herein is scheduled to close. With respect to any Disapproved Exceptions set forth in such notice, Seller shall have the same option to cure (or in the case of a monetary lien, the obligation to obtain the removal or bonding thereof as provided above) and Buyer shall have the same option to accept title subject to such matters or to terminate this Agreement as those which apply to any notice of Disapproved Exceptions made by Buyer before the expiration of the Due Diligence Period. If Seller elects to attempt to cure any such matters, the scheduled date for the Close of Escrow shall be automatically extended by a reasonable additional time to effect such a cure, but in no event shall the extension exceed thirty(30) days after the scheduled date for the Close of Escrow set forth in Section 2. (c) Buyer's obligation to consummate the purchase contemplated by this Agreement is conditioned upon the irrevocable commitment by the Title Company, issued on or before the expiration of the Due Diligence Period, and reconfirmed not later than one (1) business day prior to the Closing Date,to issue a CLTA Standard Coverage Owner's Policy of Title Insurance in the amount of the Purchase Price, or such other amount as Buyer may select, in its sole and absolute discretion, issued by Title Company (the "Title Policy"). The Title Policy shall insure Buyer's fee interest in the Property subject only to the following permitted conditions of title (the "Permitted Title Exceptions"): (i) General and special real property taxes and assessments for the then current tax fiscal year which are a lien not then due and payable; (ii) The applicable zoning, building and development regulations of any municipality, county, state or federal jurisdiction affecting the Property; (iii) Such other exceptions listed in the Preliminary Title Report that have been approved, or been deemed approved, by Buyer as provided in Section 5(b); and (iv) Any exceptions directly or indirectly caused by Buyer or Buyer's agents, employees or contractors. At Buyer's election and cost, Buyer may cause the Title Company to provide Buyer with an ALTA Extended Coverage Owner's Policy. Notwithstanding the foregoing, Buyer's receipt 4 1 1231-0247\2428923v6.doc of an ALTA policy shall only be a condition to closing provided that Buyer pays the cost of the ALTA policy in excess of the cost of a CLTA policy and Buyer obtains an ALTA survey acceptable to the Title Company prior to the expiration of the Due Diligence Period. Seller shall not encumber the Property during the period from the Effective Date to the Close of Escrow or the date of the termination of this Agreement. From and after the Effective Date and prior to the end of the Due Diligence Period (as hereinafter defined), Seller shall not amend or terminate any Lease or enter into any new lease with respect to the Property without having given Buyer prior written notice of such action. After the end of the Due Diligence Period and prior to the Close of Escrow, Seller shall not amend or terminate any Lease or enter into any new lease with respect to the Property without Buyer's consent, which consent may be granted or withheld in the sole and absolute discretion of Buyer. 6. Deposit of Documents and Funds in Escrow. (a) Seller and Buyer, as applicable, hereby covenant and agree to deliver to Escrow Holder at least one (1) business day prior to the Close of Escrow the below listed instruments,documents,and funds,the delivery of each ofwhich shall be a condition ofthe Close of Escrow. (b) Seller shall deliver: (i) The Grant Deed duly executed and acknowledged by Seller; (ii) A Withholding Exemption Certificate Form 593-C as contemplated by California Revenue and Taxation Code §18662 (the"Withholding Affidavit") duly executed by Seller; (iii) A Certification of Non-Foreign Status in accordance with Internal Revenue Code Section 1445 duly executed by Seller; (iv) Such proof of Seller's authority and authorization to enter into this transaction as the Title Company may reasonably require in order to issue the Title Policy; and (c) Buyer shall deliver: (i) The balance of Purchase Price together with such funds as are required to pay for costs and expenses payable by Buyer hereunder; (ii) One original Proposed Acquisition Letter in the form attached hereto as Exhibit H, executed by Buyer, dated no later than the date of this Agreement (the "Letter"). The Letter shall not be released to Seller unless and until the successful Close of Escrow under this Agreement; (iii) One original of the Lease Agreement in the form attached hereto as Exhibit 1, executed by Buyer, dated no later than the Closing Date ("Lease Agreement");and 5 1 1231-0247\2428923v6.doc (iv) Such proof of Buyer's authority and authorization to enter into this transaction as the Title Company may reasonably require in order to issue the Title Policy. Each of the Buyer and Seller may waive any condition of the Close of Escrow to be performed by the other and set forth in this Section 6. 7. Authorization to Record Documents and Disburse Funds. Escrow Holder is hereby authorized to record the documents and disburse the funds, in accordance with Section 3, and distribute the documents called for hereunder upon the Close of Escrow, provided each of the following conditions has then been fulfilled: (a) The Title Company is irrevocably committed to issue in favor of Buyer the Title Policy, with a liability in the amount of the Purchase Price, as set forth in Section 5(c). (b) Escrow Holder shall have received Buyer's authorization to close and Buyer's notice of approval or satisfaction or waiver of all of the contingencies/conditions to Buyer's obligations hereunder, as provided for in Section 12,- (c) Escrow Holder shall have received Seller's authorization to close and Seller's notice of approval or satisfaction or waiver of all of the contingencies/conditions to Seller's obligations hereunder, as provided for in Section 13; and (d) Seller and Buyer shall have deposited in Escrow the documents and funds required pursuant to Section 6. Unless otherwise instructed in writing, Escrow Holder is authorized to record at the Close of Escrow any instrument delivered through this Escrow if necessary or proper for the issuance of the Title Policy. 8. Escrow Charges and Proration. (a) Seller and Bernell shall not pay any of the fees and charges of Escrow Holder, except that, if the Escrow shall fail to close due to Seller's default, Seller shall pay all Escrow cancellation charges. (b) Buyer shall pay(i)all ofthe fees and charges ofEscrow Holder,(ii)the cost of the premium for the CLTA Standard Coverage portion of the Title Policy, (iii) the cost of all endorsements to the Title Policy, (iv) all costs and charges for the recordation of the Grant Deed and any other documents recorded as part of this transaction; (v) the cost of any documentary transfer tax, and (vi) Buyer's share of the charges prorated under this Agreement. 9. Due Diligence Period; Access. During the period commencing on the Effective Date and ending at 5:00 p.m. on the date which is forty-five (45) days thereafter (the "Due Diligence Period"), Buyer may inspect the Property as necessary to approve all zoning and land use matters relating to the Property and to approve the physical condition of the Property subject to the limitations set forth below. (a) Within five (5) days after the Effective Date, Seller and Bernell shall 6 1 1231-0247\2428923v6.doe provide to Buyer, any and all of the following documents to the extent in Seller's or Bernell's possession or under Seller's or Bernell's control (at no out of pocket cost to Seller or Bernell): environmental materials (as described in Section I 0(a)(i) and Ctv)), soils and geological reports, structural engineering reports, plans and specifications, utility contracts, service contracts, brokerage agreements, and property tax bills for each of the two (2) prior fiscal years. It is understood by the parties hereto that Seller and Bernell do not make any representation or warranty, express or implied, as to the accuracy or completeness of any information contained in Seller's or Bernell's files or in the documents produced by Seller or Bernell, including without limitation, any environmental audit or report prepared by unaffiliated third party consultant. To the extent permitted by law, Buyer shall keep all information provided by the Seller or Bernell confidential and shall not disclose it to any third parties except its accountants, legal counsel, and other consultants employed in connection with its acquisition of the Property. In the event this Agreement is terminated,Buyer shall promptly return to Seller and Bernell all such documentation and other information obtained from or otherwise provided by Seller or Bernell. Buyer shall provide Seller and Bernell with copies of all reports, test results, surveys and other written materials obtained by Buyer in connection with its investigation of the Property promptly following Buyer's receipt thereof. Buyer may terminate this Agreement in Buyer's sole and absolute discretion for any reason, or for no reason whatsoever, by giving written notice to the Seller and Bernell on any day prior to and including the final day of the Due Diligence Period, in which event, this Agreement shall become null and void and, except as expressly set forth in this Agreement, neither party shall have any further rights, duties and obligations hereunder, and Buyer shall be entitled to the immediate refund of the Deposit. (b) Subject to Buyer's compliance with the terms of this Section 9, Buyer and its agents, attorneys, accountants, and other representatives shall have the right, at Buyer's sole cost and expense,to enter upon the Property during the Due Diligence Period to make inspections and other examinations of the Property and the improvements thereon. Buyer's physical inspection of the Property shall be conducted during normal business hours at times mutually acceptable to Buyer, Seller and Bernell. Buyer shall give Seller and Bernell at least 48 hours prior notice of any entry onto the Property and Seller and Bernell shall have the right to be present during any such entry or inspections. No invasive testing or boring shall be done without the prior notification of Seller and Bernell and Seller and Bernell's written permission of the same, which permission may be withheld in Seller and Bernell's sole and absolute discretion. Buyer shall promptly repair any damage to the Property caused by its inspections and investigations. To evidence Buyer's right of entry to the Property, the parties shall execute and deliver that certain Right of Entry Agreement attached hereto as Exhibit G within three (3) days following the Effective Date. 10. Warranties and Representations of Seller. Seller hereby represents and warrants to Buyer the following, it being expressly understood and agreed that all such representations and warranties are true and correct in all material respects as of the Effective Date. If the Seller acquires additional knowledge regarding the matters which are the subject of the warranties or representations contained in this Section 10 which would cause any of such warranties or representations to be incorrect in any material respect prior to the Close of Escrow, Seller shall give prompt written notice thereof to Buyer. Within seven (7) business days following receipt of such notice, Buyer may elect to cancel this Agreement and receive a refund of the Deposit. As of the Close of Escrow, the warranties and representations contained in this 7 112 31-0247\242 89230.doe Section 10 shall be true and correct in all material respects, subject to any matters disclosed in writing by Seller to Buyer as provided herein. (a) Hazardous Substances. (i) To Seller's actual knowledge, except as otherwise described in Exhibit F, Seller has received no written notice of violation, administrative complaint,judicial complaint alleging that conditions on the Property are or have been in violation of any Environmental Law (as defined in Exhibit E), or informing Seller that the Property is subject to investigation or inquiry regarding Hazardous Substances (as defined in Exhibit E) on the Property or the potential violation of any Environmental Law. (ii) To Seller's actual knowledge, except as otherwise described in Exhibit F, there is no monitoring program required by the Environmental Protection Agency or any similar state agency concerning the Property. (iii) To Seller's actual knowledge, Seller has produced a list of all information, records, reports and studies maintained by Seller or under Seller's control in connection with the Property concerning Hazardous Substances and all existing orders and directives from or agreements with any governmental agency pertaining to the environmental condition of the Property and any requests for information, documents, access or investigation pertaining thereto and such list is contained in Exhibit F attached hereto. To the extent that certain documents contain confidential information, Buyer shall sign a confidentiality agreement as a condition to Buyer's review of such confidential documents. (iv) To Seller's actual knowledge, Seller has received no written request,directive, administrative order or judicial order to impose any type of land use restriction or institutional control relating to Hazardous Substances on the Property. (b) Seller has the full right and power to execute, deliver and perform its obligations under this Agreement, and when executed and delivered, Seller and all parties having an interest in the Property shall be lawfully bound by the terms of this Agreement. Seller is the sole owner of the Property, to Seller's actual knowledge, the Property is free and clear of all liens, claims, encumbrances,easements,or rights of way of any nature,other than those that may appear on the Preliminary Title report, and free and clear of encroachments on the Property from adjacent properties, encroachments by improvements or vegetation on the Property onto adjacent property, other than those that may appear on any Survey which Buyer obtains as described in Section 5(a). Seller shall not further transfer or encumber the Property or allow the Property to be further encumbered prior to the Close of Escrow. (c) Bernell has the full right and power to execute, deliver and perform its obligations under this Agreement, and when executed and delivered, Bernell and all parties having an interest in the Goodwill and portions of the Improvements controlled by Bernell shall be lawfully bound by the terms of this Agreement. (d) To Seller's actual knowledge there is no pending or threatened litigation, which does or may adversely affect the Property. 8 1 1231-0247\2428923v6.doc (e) To Seller's actual knowledge, there are no written or oral commitments to or agreements with any governmental authority or agency materially and adversely affecting the Property, or any part thereof or any interest therein, which will survive the Close of Escrow other than those that may appear on the Preliminary Title Report, and other than that certain lease described in Section 37 hereof. To Seller's actual knowledge, Seller has entered into no understanding or agreement with any taxing or assessing authority respecting the imposition or deferment of any taxes or assessments respecting the Property. (f) To Seller's actual knowledge, neither this Agreement nor anything provided to be done hereunder including the transfer of title to the Property to Buyer, violates or shall violate, any contract, instrument, partnership agreement, trust agreement, or any other agreement to which Seller is a party, and which affects the Property or any part thereof, and the sale of the Property herein contemplated does not require the consent of any party not a signatory hereto. (g) Seller is not a"foreign person" within the meaning of Section 1445(0(3) of the Internal Revenue Code. (h) There are no (i) assignable contracts and agreements (collectively, the "Operating Agreements") relating to or affecting the Property to which the Seller is a party or is obligated and pertaining to the upkeep, repair, maintenance, operation, or remediation of the Propertywhich will survive the Close ofEscrow,(ii)assignable existing warranties and guaranties (expressed or implied) issued to Seller in connection with the Improvements (collectively, the "Intangibles"); (iii) personal property items owned by Seller (collectively, the "Personal Property") on the Property;or(iv) other contracts or agreements, such as maintenance, service, or utility contracts relating to or affecting the Property to which Seller is a party or is obligated which will survive the Close of Escrow. As used anywhere in this Agreement, the terms "actual knowledge" and "to Seller's actual knowledge" refers to the actual knowledge of William A. Jones and Bernell, with no imputation of knowledge and without the independent duty or obligation to undertake any investigation or inquiry. The individual described above shall have no personal liability under this Agreement by virtue of acting as a representative of the Seller for the purpose of this definition. 11. Warranties, Representations and Covenants of Buyer. Buyer hereby represents, warrants and covenants to Seller the following, A being expressly understood and agreed that all such representations and warranties are true and correct in all material respects as of the Effective Date. If Buyer acquires additional knowledge regarding the matters which are the subject of the representations or warranties contained in this Section 11 which would cause any of such representations or warranties to be incorrect in any material respect prior to the Close of Escrow,Buyer shall give prompt written notice thereofto Seller. Within seven(7)business days of receipt of such notice, Seller may elect to cancel this Agreement and Buyer shall be entitled to receive a refund of the Deposit. As of the Close of Escrow,the representations and warranties contained in this Section 11 shall be true and correct in all material respects, subject to any matters disclosed in writing by Buyer to Seller as herein provided. (a) Buyer has the full right, power and authority to enter into this Agreement and has taken all action necessary to consummate the transactions contemplated hereby. The 9 1 1 2 31-0247\2428923v6.doc execution, delivery and performance of this Agreement has been duly and validly authorized by Buyer, and no other action by Buyer is requisite to the valid and binding execution, delivery, and performance of this Agreement by Buyer. (b) There is no pending litigation or, to the best of Buyer's knowledge, threatened litigation,which does or will materially adversely affect Buyer's abilityto consummate this transaction. (c) This Agreement and all documents executed by Buyer which are to be delivered to Seller at or prior to the Closing are,or at the time of Closing will be, duly authorized, executed, and delivered by Buyer, are or at the time of Closing, will be legal, valid and binding obligations of Buyer, enforceable in accordance with their terms, and do not and at the time of Closing will not violate any provisions ofany agreement or judicial order to which Buyer is aparty or to which Buyer is subject. 12. Buyer's Conditions. For the benefit ofthe Buyer,the Close of Escrow and Buyer's obligation to consummate the purchase of Property shall be contingent upon and subject to written notice to Escrow Holder by Buyer of the occurrence of all of the following conditions precedent (or Buyer's written waiver thereof, it being agreed that Buyer can waive any or all such contingencies) on or before the Close of Escrow: (a) Buyer's obtaining a satisfactory commitment issued by Title Company to issue the Title Policy in favor of Buyer with a liability amount equal to the Purchase Price, or such other amount as Buyer may select in its sole and absolute discretion, showing Buyer's fee simple interest in the Property subject only to the Permitted Title Exceptions, and being otherwise in accordance with the provisions of Section 5 of this Agreement, and expressly insuring against the claims of any persons in possession, other than Seller and Bernell, of all or any part of the Property and the claims of any mechanics or materialmen. (b) Buyer's verifying that there are no mechanics' and/or materialmen's liens, or lis pendens actions affecting the Property, and that all taxes, sewer, water,and utility bills have been paid. (c) That as of the Close of Escrow the representations and warranties of Seller contained in this Agreement are either all true and correct in all material respects or,to the extent that is not the case, have been waived by Buyer. (d) Seller's delivery of all documents required to be delivered by Seller pursuant to Section 6 hereof (e) Buyer's approval, prior to the expiration of the Due Diligence Period, of the physical condition of the Property, including without limitation, any and all inspections, tests, survey(s), if any, and other studies to be conducted by Buyer, in Buyer's sole discretion. (0 If Buyer has elected to obtain the same, Buyer's obtaining and approving the Survey provided for herein prior to the expiration of the Due Diligence Period. If all the foregoing conditions precedent have not been either met to Buyer's sole 10 I 1231-0247\2428923v6.doc satisfaction or expressly waived in writing by Buyer on or before the respective dates set forth therein, or if no date is set forth therein on or prior to the Close of Escrow, then this Agreement shall, at the option of Buyer, become null and void, in which event, except as expressly set forth in this Agreement, neither party shall have any further rights, duties and obligations hereunder, and Buyer shall be entitled to the immediate refund of the Deposit. 13. Seller's Conditions. For the benefit of Seller and Bernell, the Close of Escrow and Seller's and Bernell's obligation to consummate the sale of the fee simple interest in the Property, shall be contingent upon and subject to written notice to the Escrow Holder by Seller and Bernell of the occurrence of all of the following conditions precedent (or Seller's and Bernell's written waiver thereof, it being agreed that Seller and Bernell can together waive any or all such contingencies)on or before the Close of Escrow: (a) Deposit by Buyer of the Purchase Price and all other sums to be deposited by Buyer in Escrow in accordance with the requirements hereof. (b) Buyer's delivery of all documents required to be delivered by Buyer pursuant to Section 6 hereof and performance of all other material covenants and agreements to be performed by Buyer under this Agreement, including without limitation, Buyer's delivery of the Lease Agreement, with such terms as are outlined in Section 37 hereof. (c) That as ofthe Close of Escrow the representations and warranties of Buyer contained in this Agreement are all either true and correct in all material respects or,to the extent that is not the case, have been waived by Seller. (d) Confirmation from Buyer that it will cooperate with Bernell in expediting the permitting, entitlement and construction ofthe replacement building to be constructed at 8821 Etiwanda Avenue,and permit the existing structures on the site to remain in place during and after the new building is constructed. 14. Surve . Buyer, at Buyer's sole cost and expense, may obtain an ALTA survey acceptable to the Title Company prior to the expiration of the Due Diligence Period. 15. Destruction/Condemnation. In the event that prior to the Close of Escrow, the Property, or any portion thereof, is damaged by fire, earthquake, or other casualty, or is subject to a taking by a public authority other than Buyer, then Buyer shall have the right, exercisable by giving notice to Seller within fifteen (15) days after receiving written notice of such damage or taking, either (a) to terminate this Agreement, in which case neither party shall have any further rights or obligations hereunder, except that (i) Buyer and Seller shall each be responsible for one half(1/2) of any cancellation fees charged by the Escrow Holder and/or the Title Company and (ii) the Deposit and any other funds deposited into Escrow by Buyer, including interest thereon, shall be refunded to Buyer, or (b) to accept the Property in its then condition and proceed with the Closing, and to receive an assignment of all of Seller's rights to any proceeds of insurance or condemnation awards payable by reason of such damage or taking. If Buyer elects to proceed under the preceding clause (b), there shall be no adjustment to the Purchase Price and Seller shall not compromise,settle or adjust any claims to such proceeds of insurance or condemnation awards. Seller agrees to give Buyer prompt notice of any damage to or taking of the Property promptly after Seller receives notice of the same. 11 I 1231-0247\2428923v6.doc Buyer's lnitials:4:f�_, Seller's Initials: 16, IF I IIE TRANSACTION Ff. REIN PROVIDI._'D 1,F �11IT U SHALL NOT BE CLOSED BY REASON OF SELLER'S DEFAU T UND�ER THIS o AGREEMENT OR THE FAILURE OF SATISFACTION or Ti-t - CONDITIONS DESCRIBED IN SECTION 12 HEREOF. AND BUYER SHALI. NOT 14AVE DEFAULTED UNDER 'THIS AGREEMENT. THEN THE DEPOSIT SHALL BE RETURNED TO BVYLR. AND NEITHER PARTY SHALL 14AVE ANY FURTHER OBLIGATION OR LIABILITY TO 'I HE OTHER; PROVIDED. HOWEVER, IF THE; TRANSACTIONS HEREUNDER SHALL FAIL TO CLOSE BY REASON OF SELLER'S DEI`AULT, AND BUYER SHALL HAVE FULLY PERFORMED ITS OBLIGATIONS HEREUNDER AND SHALL BE READY. WILLING AND ABLE TO CLOSE. THEN BUYER SHALL BE ENTITLED TO SPECIFICALLY F,NFORCE THIS AGREEMENT (BUT NO OTHER ACTION. vOR DAMAGES OR OTHERWISE. SHALL BE PERMITTED). IF BUYER FAILS 1-0 COMPLETE THE Pt. RCHASE OF THE FEE SIMPLE INTEREs,r IN THE PROPERTY AS HEREIN PROVIDED BY REASON OF ANY DEFAULT'OFBUYER, IT IS AGREED THA1 THE DEPOSI I SHALL BE NON-REFUNDABLE AND SELLER S14ALL BE ENTITLED TO SUCH DEPOSIT, WHIC14 AMOUNT SHALL BE ACCEPTED BY SELLER AS LIQUIDATED DAMAGES AND NOT AS A PENALTY AND AS SELLEWS SOLE ANT:? EXCLUSIVE REMEDY. 11' IS AGREED THAT SAID AMOUNT CONSTIT( ITES A REASONABLE ESTIMATE OF THE DAMAGES TO SELLER PURSUANT TO CALIFORNIA CIVIL CODE SECTION 1671 ETSEQ, BUYER AND SELLER AGREE THAT IT WOULD BE IMPRACTICAL- OR IMPOSSIBLE TO PRESENTLY PREDICT WHAT MONETARY DAMAGES SELLER WOULD SUFFER UPON BUYER'S FAILURE TO COMPLETE ITS PURCHASE OF THE FEE SIMPLE INTEXEST IN THE PROPERTY. BUYER DESIRES TO LIMIT THE MONETARY DAMAGES FOR WHICH IT MIGHT BE LIABLE HE AND BUYER AND SELLER DESIRE: TO AVOID THE COSTS AND DELAYS THEY WOULD INCUR IF A LAWSUIT WERE COMMENCED TO RECOVER DAMAGES OR OTHERWISE ENFORCE LER'S RIGHTS. IF FURTHER INSTRUCTIONS ARE REQUIRED BY ESCROW 01 , TO EFFECTUATE THE. qR'l, D�-R TERMS OF THIS PARAGRAPH, BUYER AND SE ER AG FE TO EXECUTE THE SAME. THE PARTIES ACKNOWLEDGE THIS P VISI BY PLACING THEIR INITIALS BELOW: SELLER 17. Relocation Assistance, Inconsideration of its receip fthe Purchase Price. Seller 1P and Bernell agree that Buyer shall have no obligation to provide assistance to Seller or Bernell in connection therewith Linder any federal or, state relocation laws or regulations. including, NN ithout limitation, the California Relocation Assistance and Real Property Acquisition statutes and guidelines ("Relocation Obligation"). In connection therewith, and to the fullest extent permitted by law, Seller and Bernell further agree that, effective on the Closing, Buyer shall be, and hereby is, fully and forever released from any and all claims and liabilities, whether direct or indirect, known or unknown, foreseen or unforeseen. that have arisen. or that imy arise, in connection with the Relocation Obligation. By such release. Seller and Bernell expressly waive the provisions of California Civil Code Section 1542 that provide: 12 i M -024%4289230&K, F Bu,uNcr."o lroitisak Seller's lnit" � I/ W Q.Lsq)oston of Deposit. II ITIE FRAN A "110 11= tL�'I'N ' GVI )l"Di SHM E, NOT 14F' G`I_,G)WD BY RFASON OF SIDLE",R,S DEFAULT L NLULA THIS AC:ELGI°.l=:Ml',N"1 G E EIL. IAll. l_�1 .E� G Iw A"11",I°`AG`l°lG)N G)1` "L"Ilf:l; twONE:7I-11( N D1,S RIBIA) IN SI.wGJ`ION 12 1TE; EOF. AND BUYER SHALI NOT HAVEr, L)L'ITAI'I L"l 1) Us,,DL:R, 1111S AG Rl.L:MLN'I. "1`1IEN THE DI_:I:OSI I" 1EALL [it' E. RLA I'! NED IG.�E I~11J�'I�IR. NL1 NLI1"E E"R PARTY SHALL L HAN �, ANY l��"t.Jl� L"lil�;l'�G G)I.Tl�1G,iA"1"EG)N OR HAMITl Y 'F0 111l 0..111FRI PIMA'IDLD, II0Wl�VF`R. IF THE IIE:: TRANSACTIONS Iff R I,.l'NI)Ir,R S1I ALL LA11 I0 G°l.G)S1" BY REASON OF SI; -LE, ,S DEl AU , AND BUYE,R SHAIA HAVE 1'L_H,)' E"1.R1"ORVIFT) ITS 0131._,IG ATION HE E.LIN14FR AND SHALL 131_; IT.LADY` Wit-LING A l_) ABLE TO G"L..G.)' L;w E I LL",C f BUYLR SHALL ITE: 1;N E 1 11,ED "F0 �PI:C1FIG_ A1.1..,Y ENFORCETHIS ,AG.R I:MEN.O (BUA' No 0'119' F'GCTU-'M 6°O DAMAGES OR 0HILRWISLI. SHAH, BE PERMITTED), 11�' BUYER FAILS TO G.OMPLIA I: T HE. P1.RC11 L° G11'' "1 I111 VEL' SIM L=: IN L"L1GES 1 IN 1 11L, PROPERTY AS HEREIN IN PROVIDED Y ICEASON O ANY DEFA111._°1 OF BUT Y`I°,R, IT IS AGold.1;1-D"L 11.A 1 T"L-EI. L)I;I PSI I" FIAL.,L BE" NON-RL11 UINDABLIw AND l,l I.F;R SHALL BE EN I I I'Ll-1)"VO SUCH I;:)L,L'G SIT, Will(.'I-1 AMG)luNT' SHAH, 1E1= AC(''9�.PTLJ) BY SE'1.1.,1''R AS8_,IG�UIDATL,I) DAMAGE'S AND NG)`L' A``~* A PENALTY AND AS SE'L1.,l:ry�R'S OLE AND E:XCE..USWE, E�LMIi;1�7Y, 11 ISAGTRFE D �E"E EA'1� SAID AMOUN I C ONS'T"I U I�E A REASO NAITLI ESTIMA]LI, OF `E"IIE DAMAGES I G4 SE LL,E'R PURSUANT J0 I W(A"1 ) BE IMPRAG:"'T1G:"rE. G::)I~G IMPOSSIBLE 'FG) PRI���Slr'l `1"I "u' E''L�E�.I)IG`'"I 'LI A1'� M�C)N'L.,'T'AI Y I::)AMAGII.. L..N,L,E'.',L' WG.)h.�1w.E�:) SUFFERI'I t::)N BUYER'S I"AILURF' TO C OMPLE-1 E" E S PURCHASE M-° "I I- E L E�,F IMPI E� IN 11wE�l•�`����F I `1`I�It L'LGG�PEIRT'Y, BUYER DEISIRF GT"E LIMIT Illl, MG:>NEJAL�Y DAMACEµS FOR W11101 I"1 N/11GIll BF, I EABLE 111;RE"11N1)L,R AND BUYER AND SELLER DESIRE TO AVOIL) THF t"GIST AND D11".1-AYS 11IFY WOULD INCUR It A I-A !S11ff WERE G:'G: MMI'MILJ:) TO Rl"C."t)VE'R DAMAGES OR G.)`mE RW1 1�-; [7NI�"G"R(.E:; I`,I,E,ERS RIGHTS. 11" FL.JLG"Cpll�:l I'N LRIJG:"1IG:tNS A L RV,QUIRED BY I": CROW IIGtLltE'R Tt:_:► 1FL°ECH,IA`EE'. THE FLI MS OF E"LEIS PARAGRAPH, LTI JYE'R AND S1,.111"R AG.a N L AhGw�El.': U 1 L THE 'A ., A ,`� AG° (;) I.L:L::)Gal.:, 'I"ETL �" )'�"1S1 ) G E N G:A "I E I E I INHIALSs 1T1.1.OWu 1 T Rad;bcation Assistance, In cons ideraztion ol'its rccc 1pt 01'01C PUrchase Price. "Iuw~I1er and Bernell agree that Ruwver shall have no calfligat;ionto provid assistance to Seller or Berneh in ccoaaraectk:oro there vitlo under any fedcral or Mate rel ocatkm-i laws or r°e ,ulatiOns, including, v,itharut limitation, the C apifi)rniaa Relaoc;.aaticon Assistance :and Real Property Acquisit'io:on suit tiles and �,',uiaTelaraeS ("RewlOCaation Obligation—), In connection tlaerewit.h. and to the Belle st extent permitted ) pa", Seller and Bernell I'rimher agree that. Oka ive on the: Cbsirt , BUyer shall loc:, ,and herehti is., full) nand lbrever released born anN and all claims and liabilities. "hexher direct or indirect, known or unkn oavn. liorescen or unti,reseen, that have arisen, or that raaav arise.. irr coorarrecticrru ov rtla the E el,acatkoro G)Loli �at icoro, ITS such release, Seller" and Bernell exp ressl) waive the. I"ur•toviskms, awl'( ,alit6rnia Civil Code Section I542 that provide: t2 Qvr; Inhhh: Sefler's EraitEaal n _r2 qps)g, IF THE I RANSACTU)N "ERFEN PROVIDED SHALL NOT BE CLOSED BY REASON W SELLERA [WFAIJI.J LJNDI,°,R F111S, AWREEAdEVI OR FIJE J!"AHAVU! OF SAIISTATTHON OF THE CONINTH)NS DWRIBED IN JILRE01", AND BUYER SHALL NOT HAVE DEVALILT[A) U14DER THIS AGREEVIENVOILNIHE DEPOSIT SHALL BE RE11jRNED 11) KYLIR. AND NFITHF.R PARTY SHAI L IIAVh ANN' FURTHER (WJ(..iA'TA0N ()R 1.AABIL11 �' 10 THE 01"'HLRn PROVIDED, HOWLVER, IF THE I ES.A,NSAC-F10NS HFRFUNDF,R SHALL FAIL To CLAVIi HY RFASON (:'�17 SE111'1 S DEFAULL AND BUY1,14 SIM L HAVE FULIN VERFORW:J) IFS ()BLWAHONS VIERFUNDER AND SHALL BE RIVAD4, %ALLING Ald) ABLE TO CLOW ITIEN Btj'(FR SHAIJ. BE ENIfFLED To SPF(IFICALLY ENFORCL THIS AWRELAIEN"I (BUT No OTHFR ABC TRW FOR DANIAGI,S OR OTHERWISE, SHALL BE PE EMIT ITA), IF WY111 FAILS 'R) CONIPLE'rF FHE PURC"ASE OF T11F FEE SIMPLI, INA FRLS] IN 'I HE PR()1,1FRTY AS HEREIN PROVIDW 13Y RFASON OF ANY DEFAUIX OF 131-1YER. IT IS AA GRE11) THAT 1`11F DEPOSIr SHALL BE N0 ,N-RI`!JJJNDA11t+ AND SELLLR 101ALL, HE ENI ITLFF) To SU01 DEPOSIT, WHIC11 AW)UNT SHALL BE A(WPILT) BY SELLEW AS 1,1Q1;IDATED DAMAGLS AND 1S01 AS A PENAI Y ,CSC) AS S L 1-1,,L R'S S()L E A N D LXCIXSIVF RENAEDY. FL IS AGREED THAT SAID ANIOUNT (,'()NSjI1UIF,,S ARHASONABLE FSTIMA]"IT OF JHF DAMAGLS TO SE1LE1 PURSUANJ TO W'OULD IIF: IN1l1Rz\(A'JCAL, OR IN4100SWI1AL 11) PRETWorLy PRFJ)1(`T WIA1 WNETARY DAN4A(-j1--S S1A,LER WCH4D SUFFER UPON 131.1YFR'S FAILURE "VO CONIPLIETE ITS PURCHASE (N' ILE FEE SINAPLE mcrERESF FSO THE PROPERI Y, BUYL,R DESIRES 11) LINAIT nir', NIONEVARY DANIAGE.,S F()R WHICH IT MI(;IFT BE IJABLE IILREUNI�XX AND BUYF`,RA'ND SE].-LER DESIRE "m AVOID TFIF WKS AND DELAYS THEY =111) 154CLJR IF A LAWSIJIT' WFRF',, TO RFCOVLR UNNIA61 N OR 0TI11-,'RW1SF,' FNFORCT S11JA-`,,1 'S RI(JITS, IF FURT"FR I1SST'RU(11ONS ARE REQLVIRED MY ESCROW HOLDER 11) EFFEC0411,; I-Eir. 'FERNAS OF THIS I`A,\RA(iRAJ11L BUYER AND SlI.I.ER MWE To EXEkWE 441E, SAW. IIHT PARTIES ACKNOWLEF)GiL, '111IS PROVISION BY PLACING FHEIR INITIAIN HELAMX,`� 17. rEo) Seller and Bernell agree that Buyer shW1 have no tobligalion to taro videassistarice 1c) Seller oir BernOl in connection therewith under any kderal or aWe mhxatkm laws or reguWi)irs. inclrjajirjg,, wwO'kout fimitation.. the (,'akfi:)rnia Relocalk)n Asskiance and Real Prolvmy A04UiSition statules and guMelhes (Aebeation Obligation"), In cotmec6on thermith, and to the l'ifflest extej°jj permitud by W Seller and Bernell Wha agme that,, efli.mive on the (1,,sing, Buyer sWl tx% gar l hereby isa hdY, aml kmver releasal Rvrn an), and all c6hus aml habifities, whether dkm CW—Vidirem known or uAnown, lbreseen or unibreseen, Wt have arisen. or that nta) arise, in emmection wkh 11w Rek)catkm Oblymbm By such release, Seller and Bernell expressE, %ahe the provNions of Calikwnia Civil Code Section 1542 that provklw E3a,nvcr"�; Tnttiaal�: Scllca°,�; hawtianl� �� � �6, ��p�c��it�ic�wa c's�E" L)erws�,Sit IL TTHL' I R NS C°TION EIL.RL"IN 1'IC.OVIDED SH I.1, NC9°I` BE, C"E.,C.ESED 13Y° REASON OF 'SL°LL ER'S E)LFA(.IL.] UNDER MIS AGRE;EME:N] OR THE FAILL)RE OF SMIST` C:"TION OF I1E1" CONDITIONS E)ESC,`RIL:`IL,L) IN S.LX "UC)N I2III;RE;()L��`. AND 131A'VR S1El�E_,E_ NOT IIA��E L)I`E',YFIL�LED LJNTTI�I.R TTII'S �AGRF,1:°MF N T�, I lil'..N I fit: DL.1110SLT SHALL. BLI RI_'T URNE,L) TC' BUYER. ANI) NI.:T LIIf:'R I AR.T) SLT IvI EIAVF , N't I t iR`E EEE`:R C)I3L,l(, ,A"E`L4 �� � � x .;� )N t)R E,II3I1_,I.1 ,�' ,.L.(:) THL' OTIJFR.; PROVIE E'D, HOWEV11:R. if "LEIF TRANSM"I IONS I F,REI,LJNDFIR SI-EM1, E-All TC'":) CLOSE" BY RFIASON OF SFTLEIR`S DEwF'AULT, AND I3L_IYFR SHAI..1, HAVF°. I'U11I.Y PERFORMED ITS OBLIGATIONS HLRL'UNDF,R AND SH L1, BE' RLI'ADY. WIL.L,INO AND ABLE' T'O C.T OSI:. THEN BUYER SHALL BE. ENTTT_I "D 40 SI'Et. H ICALL.,Y ENFORCE I"IIIS AGRE::.EMEINT (BUT NO O'HILR . C I ON, FOR. I)ATwillGES OR OTTFIL'RWISE:, SETe" LL., 131;: PF RYTL"I`I'hID). IF BUY IR FAILS TO C ON11ITF1 1° 11�1F 1,11JRC'1 L SE OF T I IE ITIT "SIME'LL INITFREST IN "THE E'RC. PL..IR T'Y AS IEF1'RL,IN PROVIDED BY REASON OF ANY I,TI".F�A1;LT OF BI.JYI`,R, HAS AGRE',F'D THA T III.E)EwFOSH' SLJALL, BEL' NON-RE:;;1�t_JND ABLE, AND SL:LLF1'R S1IAI.I,BE E: I'IT LL" `l0 SUCH DFVOSJTL WHICH AMOUNT SHALL L°3C': AC'C:"E T'L T:.) BY SL"L,LF"R AS L,Q1 JII)A11A) L)AEvAGE'S AND NOT AS A PE:NAI T Y AND AS S11 ER S SOLE', ANL) I-`.N`C°L USIYI. RF'' EDY, H ISAGRE?I:D I`H 1 SAID AMOUNT CONS'E`I Lt:'L ES RLASONAE3E.,,E.. I.SJIMAITI OF' THE DAMAGES TO SI I,E,1;R PUR'SIJ, NT.. 10 C` LIEOR.1NIAC°IVIL...C:IODI.; SFCI"IC�:`)N I67I E ,SLII(,, BUYER AND ACiRLET1(AT If it'C.)CJLD 131" IMPRACTICAL OR IMPOSSIBLE TO P I_":SE:NT,T.Y PRE:I)IC`1 WHAT T MONETARY TRY DAMA FS SF L LEIR WC')TJLD SUFFER LJPON BUYER'S R'`; 1 �TL..,E.JRI:.��; TO CO1)L,T::�T I° ITS PURCHASE", OF THE' E FIF. SIMPLE' IN I`I:RL,TS4 IN HIL PRC"')E'E`RTY° BUYER DI"SIE2ES TO LIMIT 'LTIF MONLA' RY DAMAGE'S FOR WHICH IT MIGIJ'T. BE' L.I BL,E: FI RIwt...INDF:'R :AND BUYER AND SELL F.'R DESIRES "I CT AVOID THE COST'" AND DELAYS THEY Y WOULD INCUR IF' A LAWSUIT WERF C OMMFINC I` ,' ) M REVOVER L). M.aGL'S OR ()T'EEE-NWISF` E"NVOR(. E. SU'LL,E::R`S RIGIFFS, IF FIJW1 ETE~:R, INST'Rl1C'.."I IC)NS ARE: RE?QUIRFT:) BY FSC."RC) 1TC)1 E)F'R TO 11 1E4'C'TIIATFL ' T'llE. FFRMS OF THIS PARAGRAPH. BLIYE:`:R AND SI`LL..E'R AGRFL; TO I`NL,C (J'LE 11-IF SAME , TTFE:: PARTIF'S ACKNOWLEDGE'DGE' THIS PROVISION BY PLACING 'LT- F]R. INITIALS BELOW: C:) i: Fit r"a`EI,I 5E,1 ,E� 17, 1.C-e,ac,att eoi,i As, )SL,ai,Xcw Ina ccanaaicleraatican(nt"hs receir.)C of'the E'ut"ciia e ili-i e. Sa:TEep. and Bernell agree that Buyer shall havc no cnhligatiann to Larcwvicl aassistance to Seller or, Bernell in connect km therewith under any f;deraal or state r6ocalican laws or re UlatiMIS.. inclUding. wwithaaut hnaatation. the California Relocaaticaaa Assistance and Real F'ropert�( ,Yc uisition statutes and guidelines ("Relocation Obligation").ation" ). In connection therewith, and to the fidlest extent permitted by lawv, Seller and Bernell f'urlher agree;that, effective on the Closing,, Buyer sha1T E . annd hereby is.. tulle, aand forever released IL°on°r aan� and ;all claims and liabilities, whether direct. or indirect, known or unknown. lbreseen or unt6reseern, that have arisen. or that may arise, in ccwnncction wvith the Relocation Obli at ion, F3�,'Sucli release, Seller° and E3ea°naell e w,pressl�,, \waive the provision; ot`C aIi16rnia CIivil Code Section 1542 that provide: 12 -A GENLRAL RELLASL DOES NOI FIX"I END 'I 0 CLAIMS THAT THE CRFDITOR OR RELEASING PARTY DOLS NOT KNOW OR SUSPEC'I` TO EXIST IN HIS OR HER FAVOR AT THE TIME OFEXECUFING THE RELEASE AND THAT. IF KNOWN BY HIM OR HFR. WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETI'LEMENT WITH THF DEBTOR OR RELEASED PARTY.- and all similar provisions or rules of lath, Seller and Bernell understand that. by waiving these provisions, Seller and Bernell waive the right to make claims against Buyer for trotters pertaining to the Relocation Obligation that are presently unknown or unanticipated. Buyer has given Seller and Bernell material consideration (i.e..the Purchase Price) in exchange for Seller and Bernell's agreement in this ' ' n 17, Seller and Bernell and Buyer have each initialed this Section 17 to indicate their accep ta c e of'each and ever) provision hereof. The provisions of this Sect ionL7 shall survive t e 'shall survive t e Closin and shall not be merged into the Grant Deed or the other documents delivered at the CIO0 ing. 4�U Y�ER 7- -uR BERNELL The provisions of this Sectio a U ih s rvive the Close of EscroA and the recording of the Grant Deed. M 'N'otices, All notices and demands shall be given by email, with a written cop) sent by First Class mail. Notices shall be considered given upon the earlier, of(a) delivery by email. or(b)two (2) business days following deposit in the United States mail. postage prepaid. First Class mail. A copy of all notices shall be sent to Escrow Holder, Notices shall be addressed as provided below for the respective party; provided that if any party gives notice in writing of a change of name or address, notices to such party shall thereafter be given as demanded in that notice: Buyer: Ckyof'Rancho Cucamonga Engineering Department 10500 Civic Center Drive Rancho Cucamonga, California 91730 Attn: Jason Welday Phone: (909) 477-2700 Email: Jason.Welday,4cityofirc,us Copy to: Richards. Watson& Gershon 350 South Grand Avenue, 37th Floor Los Angeles, California 90071 Attn.: Regina N. Danner, Esq. Phone: (213) 626-8484 Fax: (213) 626-0078 Email: rdannere llrwgiaw.com t n 23 1-02471,24299230&)c "A GEN I'RA I, RE LE"AS[ DOI'IS NO F LIXIT"N D TO CLAIMS I I IA I H I L ("RUIDITOR OR RH FIASIN(J PARTY DC:OF,S No ] KNOW OR SUSFIF'CT TO FMST IN HIS OR HU'R 1,A\1()R A TTI I F TI M I` 0 F F X F'C(FH N G ,F I I E RI:1.T,'.ASF AND I I HA L iF KNO\VN BY HIM OR WOULD HAVF MA"IE"RIALL)" AF F T AT'D HIS OR HER SF`THI1N/1FNF WFHJ HIF, DEBTOR OR RUTFASUD PAR I Y." atl(,i ,illsitiiiiarpi-()\,i,siotis car riaiesof'ia\k. proviskmis. Seller and Bernell waive the right to makeclainisagainst Buyer for nutters pertaining to tics Rck)catkm Obfigation t fiat are presently unknown 01- Unanticipated. Bu er has uiven Seiler and Bernell rnalcriM consideration fix_ the Purchase Price) in exchange for SeHer and BerneWs agreement in this Sect Jon 17, Seller. and BuncH and Buyer havc each 4iiiialed this Section 17 to indicate their acceptance ot'each and ever\ prokision herecA Fhe provisionsofthisSeclion 17 shaH survive the Ck)sirtgand shaHnol be. nvi-ged into thcGrant Deed orthe (atd-rer'docusi ,rats deli\,ered at the Clo g. Hle proviskms of' this S""ect'"ion 17 sliall survive the Gose ol' Lscro\� and the recording, of'thc Grant Dccd, M ®r It ices, All notices a nd dc i na i id s sdrald be g v c n bN e i na i 1, �N i t h a "r it I e n cope sent b\ First ("lass rnail. Notices shall 1v considered given upon the earlier Ot'(,I) defiVer\ ll� cmaH. or(b) two (2) business days Kfllo�\Jng deposft in the United States rTmiL postage prepaid. First Class mail, A copy of all notices shall be sent to Escrov\ Wider. Notices shafl be addressed is provicled 1.)clo\,\, fbi, the respective party, provided that Wawy party gives n I o ice 41 writing ol' a change (A' narne or address. notices to such party shall thereafter be given as denumded in that notice: Bever; (.'ity of'Rancho (Aicarnonga Frigineering Deparitrient 10500 Civ ic Center Drive Rancho Cucarixmga. Cafif6rnia 1)1730 Attn: Jason Welday Phone (909) 477-2700 Frrud; 1,,t.sot'i.Wed(la.v'ei"citN)(it'rc�,us Copy to: Richands, Watson & Gershon 350 South Grand Avenue, 171h Floor L.os Angeles. Calikwnia 90071 At t n.- Regiria N. Danner. Est]. Phone: (213) 626-8484 Fax- (2)13) 626-0078 E.mail: I t0147 2428923�o(im A Of"NE'RAL RHAASF, DOES NOTE XTENDTO CLAIN,IS l 11,,VFTHF CREDUFOR OR RE11'j-"ASING PARTY DOES N01 KNOW (OR SUSPECT 1*0 F"XIST' IN I II OR HFR FAV0R A 11 HE HME OF. EXLCU I lNGTJIF RELFAY, AND THAT° 11' KNOWN BY HIM M HER, 'WOULD HAVF N1 A'TE R 1A L 1,Y A F F I°,CT I�1'D III S 0 R, I I F R S I%T11 I,M I"'N � WTH 1 11 f 1: D1714TOR 01 RULEASEJ) PART)"," and aH similar proviskms or rules oFim,%, Seller and 13cmell understand that, t),) waiving, thesc rwo v is k)ns.ScHer and Berne 11 vaive the r�v .jit lo make c laims against Bu'ver 16r nutters pemaining to the Rekwat )n 0biigatk)n thal are prewntly unknown or unanikipated. Bu'yer has�given Sclier and Berriell malct,W consideratkn'i(ix- the Purchase Price) in exchange f6r Seller and Berivil's agreement in this SS., 6itialed this `,g Sclk�r and BermcH and Buyer have each j()1,1 17 to ire their acceplame of'each and ewr.N pr(:)viskan hercot, The provisions of"this Shall surOvc the Ckasirlpand shall not tic im-rged into the Grant Deed crr the other documents deli'vered at the ('10sil ................. provkk)FIS ol' this c,"ct k)'n 1_7 shall SUrvive the Ck)sc ed' EscmNN olui the rccc rdhtg, oklic (irant Deed, kvs. All notices and denunds, shall k,v given h ernail. with a vvr ten cop�, sent bN First (.1iss Notices sf-tall Iv considered given upm the eat lier of'(ai defivcrN b� entail, or(b) tm,o (2) business dams fblk wing delvisk in tl,,w United States ntaiL postage prepaki, First CLiss mail. A ccypy of" all notices shall be sent to Lscrcaw Holder, Ncaices shall he addressed, as prc)N,k4cd NdoxN 16r the respective party" provided that it arty party �..pJvcs notice jir �vrkinn of' i change of mame or ad&ess, rlt)t I lees to such party shall thereafter, 1v given as denunded in fl-Kit rw,iticc: 13 u ye r: City ot Rancho Cucalt"m)nga 1,'rigineciring Deparm-wilt 10500 0v is Center Drive Rancho Cuk�arrwmiga, Califimfla 9 1 73,o Attn: hasorr weldav Pf-wnv 0109) 477-7700 F'Al'util, c)py to: Rkhards, Walson& Gershon 350 South 6rand Avcniuc 37th I h)or Los Angeles, C,akfi)rnia 40,071 At t n, egina N, Darmer, F'sq, Phonc (213) 626-8484 Fav (213)626-0078 F'nxt& rdanw-44m,glaw.com 13 1 23 1 A 0'242MC;w� dmc "A GFINT'RAL REILLIASE' DOLS NOTE'XIFND FOCLAMS ['11AFT111-1 CREDITOR OR RFLEIASING PARTY DOF.S NOT KNOW OR SUSIIFICT TO I�,XISTIN HIS OR HEIR FAVOR ATTIll, FINIF' (W F'X 1"0 J'l I N G H II REI FASL' AND IIIA] . IF KNOWN 14Y IHM OR III-R, W('W11 1) HAVF MATERIALLY AFF11"CIED HIS OR HER SETTLEN41"NI, WIT'll ME, DF-JiTOR OR RELF"ASFID PARIY and all similar Seller aild Bet nell Understand that. b,� vvaiving these provisk)ns, SeHerand Bernellwaivethe right to rnakec.aims against BLIyer for matterspertamin to the Rek)caliom Obligation that are present IyUnk 110wIl or' Unanticipated. BUVO' has gyiven ScHer and Bernell mater4d consideration (ic,. the Purchase Price) in exchan�,c 16r Seller and BerneWs agreement in this Sec to i""i'- 7 1 '. etcherand Bernell and Buyer havc each W initia this Section 17 to indicate their acceptance ot'each and every provision hereof" The provisions s,)fihis Sectk.)n 17 shall survive the Closing and shall riot benerged into tla irant Deed or the other (JOCUI)VIIIS defivcred at the ('-Iosing, W YER SFILFIR -I,- C The provisk)ns of this Sect4mi I"'7 shall SLJr\ive the (Iose of' Escro\\ and the I,eCOI,dirrg, ofthe Grant Deed. I& No.qliccs, All notices and demands shall he given by, etnad, with a written cop) sent by First Class mail, Notices shall tv considered given LIP(M the earfier of'(a) defivery b\ ernaiL or(1-,)) two (2) business days fiflk)wing deposit in the United Suites mail, postage prepaid, First Class mad. A cop of all notices sh,,,fll he sent to I-Iscrom, flokler, Notices shaH fit, addressed as provided heiov\ Naar the respective party" provided that ifany party gives notice ill writing of a change of name or address, notices to such party shall thereatler N., given as demanded in that notice: BU.ym City of Rancho C'ucarnoriga Engineering Department 10500 Civic ('enter Drive Rancho Cucamonga. Calitbrnia 91730 Attn: Jason WeWav Phone: (909) 477-2700 Iasoi-i,Wel(ia\,;'ci%c4vol:xc,tis CopN to: Richards, Watson & (jershon 350 South Grand Avenue, 37th Floor Los Angeles, Calitbrnia 90071 Attn., Regina N, Danner, F.Sq, llllone; (2 1 13) 626-8484 Fax: (213) 626-0078 rdanner!ei)rwglawxom 93 1`31 0247 24281,�23 6 do( Seller: Jones Family Trust of 2010 Robert Bruce Stanford, Jr. William R. Rushing, Successor Trustee Bernell Hydraulics, Inc. Email: wilson59a1(ogmail.com ironbillrggmail.com stanford744gearthl ink.net With a Copy To: Paige Gosney Gresham, Savage, Nolan&Tilden, PC 550 E. Hospitality Lane, Suite 300 San Bernardino, California 92408-4205 Phone: (909) 723-1788 Email: paige.gosneyggreshamsavage.com Kevin Abbott Lobb&Plewe 4160 Temescal Canyon Road, Suite 202 Corona, California 92883 Phone: (951) 788-9410 Email: kabbottglobbplewe.com Escrow Holder: Commonwealth Land Title Company 888 South Figueroa Street, Suite 2100 Los Angeles, California 90017 Attention: Crystal Leyvas, VP National Accounts Escrow Officer Telephone: (213) 330-3059 Email: cleyvasgcltic.com 19. Broker's Commissions. Neither Party is represented by a real estate agent or broker in this transaction. The Parties represent that they have not incurred liability for brokerage commission or finder's fee arising from or relating to the transactions contemplated by this Agreement other than as disclosed in this Section 19. Buyer is not responsible for payment of any brokerage commission in this action. This Section 19 is intended to be solely for the benefit of the parties hereto and is not intended to benefit, nor may it be relied upon by, any person or entity not a party to this Agreement. This Section 19 shall survive the Close of Escrow and the delivery of the Grant Deed. 20. Time is of the Essence. The parties hereto agree that time is of the essence with respect to each term, condition and covenant hereof. 21. Successors and Assigns. The provisions of this Agreement are expressly binding upon,and shall inure to the benefit of,the parties hereto and their successors in interest and assigns. 22. Entire Agreement. This Agreement,together with all exhibits hereto, integrates 14 1 1231-0247\2428923v6.doc all of the terms and conditions mentioned herein or incidental hereto, and supersedes all negotiations or previous agreements between the parties or their predecessors in interest with respect to all or any part of the subject matter hereof. 23. Severabilky. Invalidation of any of the terms, conditions, covenants, or other provisions contained herein by judgment or court order shall in no way affect any of the other terms, conditions, covenants, or provisions hereof, and the same shall remain in full force and effect. 24. Amendments. Any amendments to this Agreement shall be effective only when duty executed by Seller and Buyer and deposited with Escrow Holder. 25. Attorneys' Fees. In the event that suit is brought for the enforcement of this Agreement or as the result of any alleged breach thereof, the prevailing party or parties in such suit shall be entitled to recovertheir reasonable attorneys' fees,costs,and expenses fromthe losing party or parties, and any judgment or decree rendered in such proceedings shall include an award thereof. 26. No Third Party Beneficiary Rights. This Agreement is entered into for the sole benefit of Seller and Buyer and no other parties are intended to be direct or incidental beneficiaries of this Agreement and no third party shall have any right in, under or to this Agreement. 27. Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of California. 28. Counterparts. 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 instrument. For purposes of this Agreement, facsimile signatures shall be deemed to be original signatures, and shall be followed by the immediate overnight delivery of original signature pages. 29. Assignment of Agreement. Neither Buyer nor Seller may assign or transfer their respective rights or obligations under this Agreement without first obtaining the prior written consent of the other,which consent may be granted or withheld in the sole and abso lute discretion ofthe applicable party. 30. 1031 Exchange. Seller may elect to seek to structure its sale of the fee simple interest in the Property as atax-deferred exchange pursuant to Sections 1031 or 1033 ofthe Internal Revenue Code of 1986, as amended, and the Treasury Regulations promulgated thereunder ("Exchange"), subject to the limitations set forth herein. Each party shall reasonably cooperate with the other, at no material cost to such cooperating party, in connection with the same, including, but not limited to, executing and delivering a consent of an assignment to a qualified exchange intermediary ofrights(but not obligations)under this Agreement;provided that(i)Buyer shall not be required to incur any additional liabilities or financial obligations as a consequence of such cooperation, (ii) Seller shall not be relieved of its obligations, representations or warranties under this Agreement, (iii)any attempt to structure the sale ofthe fee simple interest in the Property as an Exchange shall not be a condition to, and shall not delay or extend, the Closing, and (iv) Buyer shall not be required to acquire title to any other property. Buyer agrees 15 112 31-0247\242 8923v6.doe that performance by the intermediary designated by Seller will be treated as performance by Seller. Subject to the delivery to Seller of the Letter at the Close of Escrow, any risk that such an Exchange might not qualify as a tax-deferred transaction shall be borne solely by the Seller, and Seller acknowledges that Buyer has not provided, and will not provide, any tax, accounting, legal or other advice regarding the efficacy of any attempt to structure the transaction as an Exchange. Seller agrees to save, protect, defend, indemnify and hold Buyer harmless from any and all losses, costs, claims, liabilities, penalties, and expenses, including, without limitation, reasonable attorneys' fees, fees of accountants and other experts, and costs of any judicial or administrative proceeding or alternative dispute resolution to which Buyer may be exposed, due to any attempt to structure the transaction as an Exchange. 31. Interpretation. Whenever used herein, the term "including" shall be deemed to be followed by the words"without limitation." Words used in the singular number shall include the plural, and vice-versa, and any gender shall be deemed to include each other gender. 32. Captions. The captions and headings of the Articles and Sections of this Agreement are for convenience of reference only, and shall not be deemed to define or limit the provisions hereof. 33. Exhibits. The exhibits and schedules attached hereto are hereby incorporated by reference herein. 34. Effect of Waiver. A waiver by either party hereto shall not affect either party's right to enforce the provisions contained herein, nor shall any extension or waiver be held to be an extension of time or waiver of any prior or subsequent breach of the same or any other obligation under this Agreement. 35. Confidentiality. Buyer acknowledges that, during the course of its due diligence, the information it will receive with respect to the Property and Seller is confidential in nature. Buyer agrees(unless otherwise required by law)not to disclose such informat ion to any third party and to keep such information confidential, except for disclosures which may be made to Buyer's attorneys, accountants, and other consultants employed for the purpose of facilitating the transactions contemplated hereby, provided that Buyer makes all such parties aware of the confidentiality requirements set forth herein, and causes such parties to abide by this Section. 36. No Memorandum. The parties agree that neither this Agreement nor a memorandum hereof shall be recorded, as the parties intend to maintain the confidentiality of the transactions contemplated hereby. 37. Leaseback. Buyer and Bernell shall enter into the Lease Agreement, which will commence on the Close of Escrow and end on June 30, 2022. The Lease Agreement shall grant Bernell Hydraulics, Inc. the right to remain in operation on the Property through the term of the Lease, unless terminated sooner, by Bernell. A true and correct copy of the proposed Lease is attached hereto as Exhibit "I". 38. Waiver of Code of Civil Procedure Section 1245.245. In the event the Buyer does not use the Subject Property for the Etiwanda Grade Separation Project and fails to adopt a Resolution of Necessity stating a different public use, Seller hereby expressly waives the 16 1 1231-0247\2428923v6.doc requirement of Califi)rnia Code of Civil 11roCCdUre SC-CO011 l245,245(1),Buvcr 4wll not he reqmred to of1cr Sefler the right offirst refusM to purchase the Subject PropertV IN WH NFISS WHEIRE101 the parties have caused this A�p-ecinem to Nx executed as of tire" date first aK)ve "I'Men, "Seller" ,JONES FAMILY rRUSTOF2010 Bv� 0 William A, Jones, Trwitcc ROBERT BRU�CE STANFORD, JR., Robert Bruce Slanfcwd, Jr. WILLIAM R. RUSHING, TRUJSTEE THE STIZACK FAMILY TRUST, DATED MARCH 13, 2014 William R. Rush ing, TrUSWC BERNELL HYDRAULICS, INC'. B\,: Namc� ,N i t I c 1-(]-'47 2422892 10 dm requ Ire rile ull of, Califi)rfda Code of Clad Procedure SectiOn 1245,2450),BuYer shafl not fw tvquired to offer Seller the right offirst refusal to purchase th uh,jeci Property, IN Wl UNF`S'S WI-WRE(W. the pamics have caused this Agreement to he exccuted as ofthe date first above \vritten. "Seller" JONES FANIIL,Y TRUST OF 2010 By: William A. Jones, Trusiec ROBERT' BRUCE STANFORD, ,III. I�obert Bruce Stanford. Jr." WILLIAM R. RUSHING, TRUSTEE, 'n-JE STRACK FAMILY TRUST, DAT'ED MARCII 13, 2014 William R, RUShing., Trustee Bf,RNELL, HYDRAULICS, INC. Na nl c: itGc 17 reqUirernervt of (AHAM `rWe of Ovil Pnweme soak 124511*fj).Buyer slab riot be rC4U led to o0hr StAr the rjhl or HrM it kma I u) purchase the Sudject Prolvrly, IN, kV1'1 N1-,SS kNAIF'RLOF, the, pamb 1mve ca use d this Agreemcm to he executed as of be dme Mt One slitwti. "Sellee, .JONES FANI ILY 1'10,�ST OF 21)10 WHIM A. Jana, Trumee ROBERT IMUCE STANVO11r; Al. R�Avrt Bruce Stantbrd. ,Jr. NVHJJANI R. RUSHING, TRUSTEE THE STRACX FAMII.A" YRUST, DA"FED MARCH 13, 2014, Witharn IC d tr Nrim I r6stee BERNELL IIVDRAULICE INC. B y N a ry)e 7 Q 024724202 k dik requirement ol' C'M&)rnia Code of' Civil ProcedUre SectKim i245,245(t).BU\Iff shaH rica be required to oft ,r Seller the right of'first retbsal to purchase the SUbJect Properiv, IN WITNE'SS Will Rf.1,01', the parties have caused this Agreemem to tv executed as of'the date first alx)ve written. "Seller" JONES FAMILY TRUST OF 2010 By IWHham A, Jones. Trustee ROBERT BRUCE STANFORD, JR. Robj Tru —e-�—'taiT)rd.—Jr. WILLIAM It RLISHING', TRUSTEE THE STRA( K FAMILY TRUST, DATED MARCH 13, 2014 William R, RUSI)ilr I ftlSlee BERNELL HYDRAULICS, INC. 13 V: Namc itle: V7 1 12;1-0247 2 4281,0; b dm PAGE NOT USED 18 11 231-0247\2428923v6,doc ..........._- A MU IPA TIO By: -- Name: John Gillison Title: City Manager ATTEST: Ja e 6 Re Wpm �Wynolds, City erk APPROVED AS TO FORM: Richards, Watson&Gershon, A Profe ' nal Corporati By: Keg' a N. Danner, Deputy City Attorney 19 11231-0247U428923v2.doe EXHIBIT A LEGAL DESCRIPTION OF FEE SIMPLE INTEREST ALL THAT CERTAIN REAL PROPERTY SITUATED IN THE COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, DESCRIBED AS FOLLOWS: THAT PORTION OF BLOCK 7, ACCORDING TO MAP SHOWING SUBDIVISION OF WEST ETIWANDA LAND AND TOWN COMPANY, BEING A PART OF SECTION 8, TOWNSHIP 1 SOUTH, RANGE 6 WEST, SAN BERNARDINO BASE AND MERIDIAN, AS PER PLAT RECORDED JUNE 19, 1901 IN BOOK 15, PAGE 12 OF MAPS, RECORDS OF SAID COUNTY, DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHWEST CORNER OF SAID BLOCK 7; THENCE NORTH ALONG THE WESTERLY LINE THEREOF, 135 FEET; THENCE EASTERLY TO A POINT IN THE EASTERLY LINE OF SAID BLOCK 7, 122 FEET NORTH OF THE SOUTHEAST CORNER THEREOF; THENCE SOUTH, ALONG SAID EASTERLY LINE, 1.22 FEET, TO SAID SOUTHEAST CORNER; THENCE WESTERLY ALONG THE SOUTHERLY LINE THEREOF TO THE POINT OF BEGINNING. THE EASTERLY %2 OF BRUCE AVENUE, LYING WEST OF AND ADJOINING THE PREMISES ABOVE DESCRIBED, VACATED AND ABANDONED BY ORDER OF THE BOARD OF SUPERVISORS OF SAN BERNARDINO COUNTY, A COPY OF WHICH ORDER WAS RECORDED SEPTEMBER 27, 1934, IN BOOK 1001, PAGE 30 OF OFFICIAL RECORDS. TOGETHER WITH THAT PORTION OF THE WEST ONE-HALF OF ETIWANDA AVENUE WHICH WOULD PASS BY OPERATION OF LAW UPON CONVEYANCE OF SAID LAND. APN: 0229-131-07 Exhibit A 1 EXHIBIT B 00 74 (A m�P. 0 0 w 00 C,4 � Exhibit C BBRNELL HYDRAULICS, INC. IMPROVEMENTS PERTAINING T0 THE REALTY EFFECTIVE DATE OP VALUE -DECEK4BBA 10` 2018 Fair Market Forced Item Rey}oocnueo{ \/o|uo in Liquidation No. Qty. Description Cost New Place \/u|uu l 2 Signs, l05" wide s |2' high,4" tubular metal posts and $6,150 $4,925 $300 Dame, 2 sheet metal inserts, |- 8's3', |' 8'z4', dual-sided, vinyl lettering, "Bernell Hydraulics/Packer Hydraulics, pneumatics and hose fittings" 2 l Sign, 4'xS'' sheet metal, vinyl letter d600r, "Bernell 450 315 25 Hydraulics, Inc.",wall-bolted 3 450 Square feet of security window bars, tubular steel and 8'600 6,025 0 decorative wrought iron 4 lUO Square feet ofretail slat wall, laminate,wall-bolted, 430 350 25 consisting of: l 2'x 6' \ 4'x4' 2 8'x 5' 5 13 Linear feet of service counter, 27" deep, 36" and 42° high, 4,200 3'150 U wood base, plated steel top and fascia, dual-sided open under shelving 6 | Built-in p/a|| shelf, 48" s60" x lO", 2" x2" ato6 uprights, 335 245 20 8- |0" deep metal shelves, wall-bolted 7 | Hose display rack, 8' hiah, 1.5" x |.5" tubular steel, 430 325 25 7- \2" hanger rods,welded steel 8 2 Floor sinks, onan`e\ on metal top, floor recessed, plumbing 2,450 2,415 0 9 | Scullery/hand wash sink, 57" wide, stainless steel, 1,600 1,125 125 2-oompartnen' dual drain boards, dual single mixing faucets, plumbing, \ rinse wand }U l Over/under locker Lill it, Tconaoo 6' x6'x }8", metal, 950 665 95 l2 locker units I | Garment dowel rack, 54" knnu 125",metal wall-bolted 55 40 0 12 1 Hose storage rack, |7' x8.5'z24", 7-4" x2" uprights, 2,725 2,175 250 BERNELL HYDRAULICS, INC. IMPROVEMENTS PERTAINING TO"THE REALTY EFFECTIVE DATE OF VALUE- DECEMBER 10, 2018 Fair Market Forced Item Replacement Value in Liquidation No. Qty. Description Cost New Place Value 13 1 Hose storage racks, 3'x 11', 2-4" x 2" uprights, 5- dual 1,050 840 100 24" long x 1.75" diameter metal hanger rods 14 10 Surveillance cameras, manufacturer and model no. not 6,000 3,900 300 available, including wall mounts, electrical and video cabling to office 15 1,000 Square feet of mezzanine storage, 9.5'high, steel supports 31,000 24,750 3,000 and uprights, plywood deck,consisting of: I Staircase, 30" wide, 14-step 2 Wings, 25.5'x 17' 1 Connecting walkway,40' long x 40" wide 16 1 Jib crane, 42" high x 9' long, 8" high I-beam, I chain hoist, 5,200 4,150 525 Yale, Model: W, I ton, support beam mounted 17 1 Jib crane, 55" high x 10' long, 8" I-beam, I chain hoist, 5,000 4,000 200 Dayton, 1/2 ton, mounted on I ]' high x 14" wide I-beam 18 1 Stationary jib crane, 8' long, 2" x 2" steel with additional 3,650 2,925 375 support, electric chain hoise, 1/2 ton 19 1 Jib crane, 4,5' high x 6' long, 8" high I-beam, I chain hoist, 2,700 2,150 270 CM, 1/2 ton capacity 20 1 Jib crane, 5.5' high x 6' long, 8" high I-beam, I chain hoist, 2,400 1,925 240 1/4 ton 21 1 Lot of supplemental electrical power distribution in 8,500 590 0 workshop, consisting of: I 120V outlet, quad 2 240V outlets I Safety switch,400 amp, heavy duty I 120/240V bump-up transformer, manufacturer and model no. not available I Subpanel, 120V, 3-phase, with breakers 22 320 Squae feet of wall-mounted pegboard in shop area 800 520 0 2 8ERNBLL HYDRAULICS, INC. ]yWpQD\/DMEN7S PERTAINING T0 THE REALTY EFFECTIVE DATE OF VALUE- DBCByN88F< |O, %O18 Fair Market Forced kon {lep|ooenneut Value in Liquidation No. Qty, Description Cost New Place Value 23 l /\|u,m system, including control panels, code pads, motion 3,200 2,250 0 sensors, door contacts, sirens,etc. for all J buildings on property 24 l Lot nf data cabling,computer networking and \/ulPphone 6,800 4'750 O oobUn&for 17 vvodata1ima, including wall jacks 25 l Lot nf compressed air piping,consisting of: 25,500 17,850 780 38 Snap disconnect fittings l Drain valve, 3/4° l Isolation valve, 3/4" 5 Air hose reels 120 Linear feet of steel piping, l" 110 Linear feet o[steel piping, ]/4" 380 Linear fe�ofcopperpiping, l" 438 Linear feet of copper piping, 3/4" \ Air receiver tank, 208 gallon, vv8hooeconnections l Water separator 26 } Jib crane in shop building, swiveling, 1,000 |b. capacity, 9,225 6,450 1,400 with I-beam arm, 14" deep x 16' long,with: l Steel column, heavy duty, floor bolted | Trolly l Pneumatic chain hoist l Vise attached, 5"jmvs` Olympia | Crane foundation, reinforced concrete,4' x 5` 27 i Beam crane in shop building, with main ]-beam, steel, 8,500 5,950 1'000 K" deep x24' |oog,with: 3 I-beam support arms, steel, 8" deep 10' )oog | Trolly | Chain hoist, C&�M, est. 1,000 |b, uupucbv 3 Oversized steel columns, of building 3 Crane column foundations, reinforced concrete 3 /'homn support arms, steel, 16" deep 12' long 3 Tou\|ym for crane beam � BDKNBLL HYDRAULICS, INC. IMPROVEMENTS PGB7ADNINGT0 THE REALTY EFFECTIVE DATE OF VALUE- UBCEMBER )0, 20l8 Fair Market Forced Item Replacement Value in Liquidation No. Qty. Description Cost New Place Value 28 l Heavy duty stock rack, steel, consisting of: 5,800 4,060 /00 16 Cantilevered arms, 4' long,tapered, attached to building columns 3 Feet, ]-beam, 12" deep z4'` attached tobuilding oo|unnna 29 3 Bull horn speakers, exterior wall mounted, with wiring 350 245 15 30 3 Yard lighting standards, HID, ou concrete poles, 2O'high, 11,150 7,808 300 with: 350 Linear feet of conduit and wiring, under ground 31 l Hose shed building, consisting of: 28,500 19,950 3,000 3 Storage containers, 8'x20'x 8' } Wood 8rmnedshed, 24' 8" s32'x9' 7", front wall only, concrete floor, with 4'mkv|ich1a, 2'z4' 1'512 Square feet of steel roof, with 2'vood|uioo 14 Fluorescent light fixtures, ap/itcbum, conduit and wiring 3 pnurp|ux electrical uudoim 2 Disconnect switches, 3Oamp. 2 Large electrical junction boxes 32 8,177 Square feet u[steel canopy building, 85' x9]' and 34'x8', 189,000 132,300 1,000 l6'high, muppoU1edhy columns, with: 8,280 Square feet of concrete slab, 90' x92' ) Sump pit l Lot of panel, circuit breakers, conduit and wiring 33 8`618 Square feet of concrete yard paving, 6"thick, 96'x78' and 48,800 33,600 0 25'xV8' and 2O'xJ2', over aggregate base 34 l Plumbing iooprovomeotyut truck wash area, consisting of: 2,080 1,400 40 | Hose bib 40 Linear feet o[copper piping, 3/4" l Sprinkler timer l Duplex outlet and related conduit and wiring 100 Linear feet of sprinkler piping, 3/4" | Ball valve, 2/4" l Sprinkler actuator valve 4 � BERNELL HYDRAULICS, INC. IMPROVEMENTS PERTAINING TO THE REALTY EFFECTIVE DATE OF VALUE- DECEMBER 10, 2018 Fair Market Forced Item Replacement Value in Liquidation No. Qty. Description Cost New Place Value 35 1 Sink,with faucet, laundry tray,with: rough in, soap 1,000 700 10 dispenser, small rnirror, in machine shop 36 1 Electrical distribution panel, 200 amp., in machine shop, 7,700 5,390 60 with: 9 Circuit breakers, 20 amp./] pole I Circuit breaker, 20 amp./3 pole I Circuit breaker, 30 amp./3 pole I Circuit breaker, 40 arnp./3 pole 2 Circuit breakers, 60 arnp./3 pole 90 Linear feet of conduit and wiring to main panel 37 52 Square feet of overhead storage rack, steel,4'x 13', heavy 500 350 25 duty, wall mounted, with wood top 38 1 Jib crane in shop building, 1/2 ton, wall mounted on post, 4,075 2,850 700 swiveling I-beam arm, 6" deep x 8' 6" long, with: I Trolly I Chain hoist 39 1 Jib crane in shop building, 1/4 ton, wall mounted on post, 3,275 2,300 500 swiveling tubular arm, 2" x 2" x 8' 6" long, with: I Pneumatic jack on boom angle adjustment I Chain 40 22 Linear feet of welder's flash curtain rail, steel,ceiling 2,910 2,030 100 mounted, with: I Flash curtain, plastic, 22' x 10' 41 64 Square feet of overhead storage rack, steel,4'x 16', heavy 600 420 30 duty,wall mounted, with wood top, in machine shop 42 144 Square feet of partition wall in machine shop, wood framed, 925 650 10 insulated, with plywood sides, Tech Shield 43 2 Bollards, steel, 3" diameter x 32", floor bolted, in machine 470 330 30 shop 44 120 Square feet of storage mezzanine in machine shop, steel 1,335 935 100 with wood deck, 10'x 12', with: I Steel door, Yx 6' 5 BBRN2L[ HYDRAULICS, INC. IMPROVEMENTS PERTAINING TOTBE REALTY EFFECTIVE DATE 0F VALUE- D8CEMB8Dl0`20|A Fair Market Forced Item Rcp|uuumon1 Value in Liquidation No. Qty. Description Cost New Place Value 45 l Four post truck lift, Mohawk, 2,500 lb. capacity per post, 29`008 12,000 2'500 with: 2 End ramps 16 Floor bolts to canopy slab 4 Corner bollard and pipe rail guards, steel 70 Linear feet of conduit and wiring topanel 46 2 Jib cranes, /\bc|-Dowc, in canopy building, mounted oo 29,000 28,300 4,500 column, ]0" xi5" x |6', consisting of: l Swiveling I-beam oun, |8" deep x2O' |ong l Trolly | Chain hoist,Coffing, 3 ton, electric | Swivel I-beam arm, l2" deep x |9ylong l Trolly | Chain hoist, C&dM, 1/2ioo | Fourp|ox*ut|c1 l Disconnect switch, 3Oamp. | Disconnect switch, 100un/p. 130 Linear feet of conduit and wiring to panel | Crane foundation, reinforced concrete, 6'x6' 47 l Jib crane, io canopy building, mounted on column, 8`000 5,600 1,200 consisting of: l Swiveling I-beam arm, l2" deep xl5' 6" long | Trolly l Chain hoist, electric, est. 1,000 \h. 55 Linear feet of conduit and wiring 0opanel l Crane foundation, reinforced concrete, 5'x 5' 48 l Jib crane, in canopy building, mounted oncolumn, 6,350 4,445 950 consisting of: ] Swiveling I-beam arm, 8" deep zl5' 6" long \ Trolly | Chain hoist, CofDng, electric, 1/4tmn capacity 45 Linear feet of conduit and wiring tnpanel | Crane foundation, reinforced concrete,4'x4' 49 lq Square feet of pegboard, wall mounted 90 60 0 6 BERNELL HYDRAULICS, INC. IMPROVEMENTS PERTAINING TO THE REALTY EFFECTIVE DATE OF VALUE- DECEMBER 10, 2018 Fair Market Forced Item Replacement Value in Liquidation No. Qty. Description Cost New Place Value 50 1 Stock rack, 18' x 13" x 8',4 post x 9 arm, wall mounted, 2,450 1,715 120 outside 51 1 Jib crane, in test room, mounted on building column, 6,800 4,760 1,000 consisting of I Swiveling I-beam arm, 6"deep x 12' long I Trolly I Chain hoist, Lode Star CM, electric, 1/2 ton capacity 35 Linear feet of conduit and wiring to panel 52 4 Test panel disconnect switches, with motor test leads, 3,600 2,520 250 consisting of: 2 220 volt 2 480 volt 20 Linear feet of conduit and wiring to panel TOTAL IMPROVEMENTS PERTAINING TO THE REALTY $541,770 $L371 465 $25,515 7 BERNELL HYDRAULICS, INC. IMPROVEMENTS PERTAINING TO THE REALTY EFFECTIVE DATE OF VA1J.JE- DECEMBER 10, 2018 Fair Market Forced Item Replacement Value in Liquidation No. Qty. Description Cost New Place Value 1 2 Signs, 105" wide x 12' high, 4" tubular metal posts and $6,150 $4,925 $300 frame, 2 sheet metal inserts, I- 8'x Y, I- 8'x 4', dual-sided, vinyl lettering, "Bernell Hydraulics/Packer Hydraulics, pneumatics and hose fittings" 2 1 Sign,4'x Y, sheet metal, vinyl letter d6cor, "Bernell 450 315 25 Hydraulics, Inc.", wall-bolted 3 450 Square feet of security window bars,tubular steel and 8,600 6,025 0 decorative wrought iron 4 108 Square feet of retail slat wall, laminate, wall-bolted, 430 350 25 consisting of: I 2'x 6' 1 4'x 4' 2 8'x 5' 5 12 Linear feet of service counter, 27" deep, 36" and 42" high, 4,200 3,150 0 wood base, plated steel top and fascia, dual-sided open under shelving 6 1 Built-in wall shelf, 48" x 60" x 10", 2" x 2" steel uprights, 325 245 20 8- 10" deep metal shelves, wall-bolted 7 1 Hose display rack, 8'high, 1.5" x 1.5" tubular steel, 430 325 25 7- 12" hanger rods, welded steel 8 2 Floor sinks, enamel on metal top, floor recessed, plumbing 3,450 2,415 0 9 1 Scullery/hand wash sink, 57" wide, stainless steel, 1,600 1,125 125 2-compartment, dual drain boards, dual single mixing faucets, plumbing, I rinse wand 10 1 Over/under locker unit, Tennsco, 6'x 6' x 18", metal, 950 665 95 12 locker units I I I Garment dowel rack, 54" long, 1.25", metal wall-bolted 55 40 0 12 1 Hose storage rack, 17' x 8.5'x 24", 7-4" x 2" uprights, 2,725 2,175 250 4-24" long x 1.75" diameter metal hanger rods I DGRN8LL HYDRAULICS, INC. IMPROVEMENTS PERTAINING ?D THE REALTY EFFECTIVE DATE OF VALUE-DBCBM8BK \O, 2O}N Fair Market Forced honn Bmo)ucmnont Value in Liquidation No. Description Cost New 9|uou Value 13 | Hose storage racks, 3' x | |'`2-4" z2" uprights, j-dual 1,050 840 100 24" long 1.75" diameter metal hanger rods 14 10 Surveillance cameras, manufacturer and model no. not 6,000 3,900 300 uvoi\uhie, including wall mounts, electrical and video cabling to office 15 1,080 Square feet of mezzanine storage, 9.5' high, steel supports 31,000 24`750 3,000 and uprights, plywood deck. consisting of: | Staircase, 30" wide, 14-a1ep 2 Wings, 25.5' x 17' l Connecting walkway, 40' long x 40" wide 16 l Jib crane, 42" high x4' \ung, D" high I-humu, l chain hoist, 5,200 4,150 525 Yale, Model: VV, l ton` eoppoM beam mounted 17 l Jib crane, 55" high |(Y kong, 8" I-beam, l chain hoist, 5,000 4,008 200 Dayton, |/2 ton, mounted on ll' highx l4" wide I-beam 18 \ Stationary jib crane, 8' long, 2" x2" steel with additional 3,650 2`925 375 support, electric chain hoime, 1/2ton 19 | Jib crane,4.5'hhghx6' |ong, 8" high l-bnam, | chain hoist, 2,700 2,150 270 CM, l/2 ton capacity 20 \ Jib crane, 5.5' hiuh x 6' |ung, 8" high I-beam, | chain hoist, 2,400 1.925 240 |/40un 21 | Lot uf supplemental electrical power distribution in 8,500 590 0 workshop, consisting of: l 120V outlet,quad 2 240V outlets l Safety switch, 400 amp, heavy duty l 120/240V bump-up transformer,manufacturer and 000dc| no, not available l Suhpono|, l20\/, 3-pbumo, with breakers 22 330 8quoe feet o[wall-mounted pegboard in shop area *00 520 0 2 BERNELL HYDRAULICS, INC. IMPROVEMENTS PERTAINING TO THE REALTY EFFECTIVE DATE OF VALUE- DECEMBER 10, 2018 Fair Market Forced Item Replacement Value in Liquidation No. Qty, Description Cost New Place Value 23 1 Alarm system, including control panels, code pads, motion 3,200 2,250 0 sensors, door contacts, sirens, etc. for all 3 buildings on property 24 1 Lot of data cabling, computer networking and VoIP phone 6,800 4,750 0 cabling for 17 workstations, including wall jacks 25 1 Lot of compressed air piping, consisting of: 25,500 17,850 700 38 Snap disconnect fittings I Drain valve, 3/4" 1 Isolation valve, 3/4" 5 Air hose reels 120 Linear feet of steel piping, I 110 Linear feet of steel piping, 3/4" 380 Linear feet of copper piping, I" 438 Linear feet of copper piping, 3/4" 1 Air receiver tank, 200 gallon, w/hose connections I Water separator 26 1 Jib crane in shop building, swiveling, 1,000 lb. capacity, 9,225 6,450 1,400 with I-beam arm, 14" deep x 16' long, with: I Steel column, heavy duty, floor bolted I "Trolly I Pneumatic chain hoist I Vise attached, 5"jaws, Olympia I Crane foundation, reinforced concrete,4'x 5' 27 1 Beam crane in shop building,with main I-beam, steel, 8,500 5,950 1,000 8" deep x 24' long, with: 3 I-beam support arms, steel, 8" deep x 10' long I Trolly I Chain hoist, C&M, est. 1,000 lb., capacity 3 Oversized steel columns, of building 3 Crane column foundations, reinforced concrete 3 I-beam support arms, steel, 16" deep x 12' long 3 Trollys for crane beam 3 BER'NELL HYDRAULICS, INC. IMPROVEMENTS PERTAINING TO THE REALTY EFFECTIVE DATE OF VALUE- DECEMBER 10, 2018 Fair Market Forced Item Replacement Value in Liquidation No. Qty. Description Cost New Place Value 28 1 Heavy duty stock rack, steel,consisting of: 5,800 4,060 100 16 Cantilevered arms, 4' long,tapered, attached to building columns 3 Feet, I-beam, 12" deep x 4', attached to building columns 29 3 Bull horn speakers, exterior wall mounted,with wiring 350 245 15 30 3 Yard lighting standards, HID,on concrete poles,20' high, 11,150 7,800 300 with: 350 Linear feet of conduit and wiring, under ground 31 1 Hose shed building, consisting of: 28,500 19,950 3,000 3 Storage containers, 8'x 20'x 8' 1 Wood framed shed, 24' 8" x 22'x 9' 7", front wall only, concrete floor, with 4-skylights, 2'x 4' 1,512 Square feet of steel roof,with 2-ventilators 14 Fluorescent light fixtures, switches, conduit and wiring 3 Fourplex electrical outlets 2 Disconnect switches, 30 amp. 2 Large electrical junction boxes 32 8,177 Square feet of steel canopy building, 85'x 93'and 34' x 8', 189,000 132,300 1,000 16' high, suppotrted by columns, with: 8,280 Square feet of concrete slab, 90'x 92' 1 Sump pit I Lot of panel, circuit breakers, conduit and wiring 33 8,618 Square feet of concrete yard paving, 6" thick, 96'x 78'and 48,000 33,600 0 25'x 98' and 20'x 32', over aggregate base 34 1 Plumbing improvements at truck wash area, consisting of: 2,000 1,400 40 1 Hose bib 40 Linear feet of copper piping, 3/4" 1 Sprinkler timer I Duplex outlet and related conduit and wiring 100 Linear feet of sprinkler piping, 3/4" 1 Ball valve, 3/4" 1 Sprinkler actuator valve 4 B6RN6LL HYDRAULICS, INC. IMPROVEMENTS PERTAINING TO THE REALTY EFFECTIVE DATE Oy VALUE- D8CE&4BBRl0, 20l0 Fair Market Forced ]tern Replacement Value in Liquidation No. Qty. Description Cost New Place Value 25 l Sink,with faucet, laundry tray, with: rough in, soap 1,000 700 10 dispenser, small mirror, in machine shop 36 l Electrical distribution panel,20Oamp., in machine shop, 7,700 5,390 60 with: 9 Circuit breakers, 20 ump./l pole l Circuit breaker, 20ump.8 pole l Circuit breaker, 30mnp./3 pw|u l Circuit breaker, 4Omnp13pole 2 Circuit breakers, 60uoop./3 pole VO Linear feet of conduit and wiring to main panel 37 52 Square feet of overhead storage rack, steel, 4'x \3', heavy 500 350 25 duty, wu|| mounted,with wood top 38 l Jib crane in shop building, l/2 ton, wall mounted onpost, 4,075 2,850 700 swiveling I-beam arm, 6" deep x8' 6" long, with: l Trolly ) Chain hoist 39 l Jib crane in shop building, 1/4ton, vvuU mounted on post, 3,275 2,308 508 swiveling tubular arm, 2" x 2" z 8' 6" long, with: | Pneumatic 'jack un boom angle adjustment | Chain 40 22 Linear feet ofwelder's Oaab curtain rail, steel,ceiling 2,910 2,030 100 mounted,with: l Flash oudain, plastic, 22'x 10' 41 64 Square feet of overhead storage rack, steel, 4' x |6', heavy 600 420 ]O duty, wall mounted,with wood top, in machine shop 42 /44 Square feet of partition wall io machine shop, wood framed, 925 650 lO insulated, with plywood uidey, 'fecbSbic|d 43 2 Bollards, steel, J" diameter x32"'floor bolted, in machine 470 330 90 shop 44 120 Square feet of storage mezzanine in machine shop, steel 1`335 935 100 with wood dcck l0'xl2' with , , : | Steel door, 3'x6' � 8BRN2LL HYDRAULICS, INC. IMPROVEMENTS PERTAINING T0 THE REALTY EFFECTIVE DATE OF VALUE- D8CBMBE8l0, 20)8 Fair Market Forced Item Replacement Value in Liquidation No. Qty, Description Cost New Place \/uluo 45 ) Four post truck lift, Mohawk, 2,5O8 lb. capacity per post, 29,000 12"008 2`500 with: 2 End rwnopm 16 Floor bolts io canopy slab 4 Corner bollard and pipe rail guards, steel 70 Linear feet of conduit and wiring topanel 46 2 Jib cranes, /\bo|'Hovvo, in canopy building, mounted on 29,000 20,300 4,500 column, 30" zl5" xl6', consisting of. | Swiveling I-beam arm, l8" deep x2(Ylong l Trolly I Chain hoist, Coffing, 3 ton, electric l Swiveling l'hcmn arm, l2" deep xl9' |ong | Trolly l Chain hoimLC&M, 1/2ton l Rmrp|czoutlet l Disconnect switch, 30amp. | Disconnect switch, l00amp. 190 Linear feet of conduit and wiring topanel l Crane foundation, reinforced concrete, 6'x6' 47 l Jib crane, in canopy building, mounted oncolumn, 8,000 5,600 1,200 consisting of: l Swiveling |-bouno arm, 12" deep x 15' 6" long | 1[n)Uy l Chain hoist, electric, est. 1,000lh. 55 Linear feet of conduit and wiring' to panel | Crane foundation, reinforced concrete, S'x5' 48 l Jib crane, in canopy building, mounted oncolumn, 6,350 4,445 950 consisting of.. l Swiveling I-beam arm, Q" deep x 15' 6" long | Trolly | Chain hoist, Cuffing, electric, ]/4 ton capacity 45 Linear feet of conduit and wiring tnpanel | Crane foundation, reinforced concrete,4'x4' 49 19 Square feet of pegboard, wall mounted 90 60 0 6 � BERNELL HYDRAULICS, INC. IMPROVEMENTS PERTAININGTO THE REALTY EFFECTIVE DATE OF VALUE- DECEMBER 10, 2018 Fair Market Forced Item Replacement Value in Liquidation No. Qty. Description Cost New Place Value 50 1 Stock rack, 18' x 13" x 8% 4 post x 9 arm, wall mounted, 2,450 1,715 120 outside 51 1 Jib crane, in test room, mounted on building column, 6,800 4,760 1,000 consisting of- I Swiveling I-bearn arm, 6" deep x 12' long I Trolly I Chain hoist, Lode Star CM, electric, 1/2 ton capacity 35 Linear feet of conduit and wiring to panel 52 4 Test panel disconnect switches, with motor test leads, 3,600 2,520 250 consisting of-, 2 220 volt 2 480 volt 20 Linear feet of conduit and wiring to panel TOTAL IMPROVEMENTS PERTAINING TO THE REALTY $541,770 $--371 465 $25,515 7 BB8NELL HYDRAULICS, INC. MOVABLE EQUIPMENT EFFECTIVE DATE OF VALUE' DECBMBEK |0, 20l8 Fair Market Forced Item Qcp|uoomcu\ Value in Liquidation No. Qty. Description Cost New P|uuc Value 53 4 Stools,tubular ohro/ne base, padded vinyl seats $480 $170 $45 54 | "Wet floor/Caution" sign, Rubbermaid 20 5 5 55 | Water cooler, hot/cold, hwM|ud 100 55 15 56 | Soda/snack vending machine, F8l, model no. not available, -- -- -- 42" x69'' x34", 6-soda, 12-anauk, coin and bill acceptor, vendor owned, not appraised 57 12 Linear feet of wall gondola shelving, Thigh,metal finme, 1,350 540 150 pegboard backing, 6 metal tiers, metal wire guard rails 58 12 Linear feet of dual-sided gondola shelving, Lomier` 5' high 2,125 850 200 z 39" deep, metal, pegboard backing, 5 metal tiers per side, metal wire guard roiling, l end cap,40" wide, 2gondola oho|vcy, including product uignogc 59 2 Equipment carts, 4' x 30" xl8",tubular metal,4 metal wire 435 175 40 mho|pou 60 } [obm| printer, Brother, Model: P-7nuob 80 ]O 10 61 ) Equipment cart, 4' x 6' z |8",tubular metal, 6 metal wire 270 110 25 dco 62 8 Linear feet ofwall gondola shelving, 5` high x20" deep, 1,200 480 120 metal, pegboard backing, 5 metal tiers, metal wire guard railing 63 l ShupstooL chronic, )3" high 50 15 5 64 | Lot ofretail plastic small parts bins 300 90 25 65 l Fo|diu0stopstomL Comoo, 3-step 70 25 10 66 | Wall display cabinet, 36" x24" x8", laminate, 2sliding 120 35 lO glass doors � BERNEC[HYDRAULICS, INC. MOVABLE EQUIPMENT EFFECTIVE DATE 0P VALUE- DECEM8ERl0` 2O|8 Fair Market Forced Item Replacement Value in Liquidation No. Description Cost New P|000 Value 67 l Spinner display merchandiser, Thigh, metal base, 4-sided 200 70 25 pegboard panels 68 ] Wall gondola rack, O'vvidex Thigh x23" deep, metal 880 310 80 frame, pegboard backing,4 metal gondola shelves with mu(u| wire guard rails 69 l Spinner rack, Lift Safety Center, |8" z6'xl8", tubular 175 50 15 metal displays 70 ) Wall clock, \8" plastic 25 lO 5 71 2 Desks, 66" x30", with 36" return, double pedestal, laminate 1,300 450 130 top onmetal 72 3 Chair mats, plastic 215 65 20 73 4 Task annohuicu, plastic, fabric seats, mesh backs 800 280 80 74 l File cabinet, Hon, letter size, metal, 2-drawer 160 50 15 75 3 /\U-in-onc machines, HP, Model no.: Luoodctl536dnfMFP 250 90 45 76 2 Wall cabinets, Gladiator, 28" x28" xl2", metal 245 85 25 77 5 Computers, HP,model no. not available, including 4,500 1,250 600 keyboards, mice, speakers and monitors 78 7 |Pto|uphonsy, Mite], Model no.: 5330e 3`875 1`350 400 79 l Popcorn maker, Lincoln Popper, l8" x25" z |Q", glass 280 70 20 enclosure 80 l Coffee maker, Mr. Coffee, m{uiu|oma steel, 12-cup 85 25 10 81 l Fire extinguisher, /\rncrox, ]O |b. 110 35 10 82 l Air filter, Blue Air, model no. not available, 17" x21" z9" 380 130 40 83 } Receipt printer, Epson, K4odc| no.: M244}\ 335 95 30 9 � B8RN8LL HYDRAULICS, INC. MOVABLE EQUIPMENT EFFECTIVE DATE Oy VALUE' L)ECEMBEklO, 20|8 Fair Market Forced Item Replacement Value in Liquidation No. Description Cost New Place Value 84 l Wall gondola shelf, 4' u6' xl8",tubular metal, pegboard 400 120 40 hmok`] metal wbc|vcm 85 l Television, 9roucon` 32", including wall mount 220 55 15 86 l Blue Ray disc player, Sony, model no. not available, 60 15 5 including wall mount stand, 2-tier, metal 87 2 Desks, 66" s3O", with 42" x26" return,double pedestal, 1`400 420 120 metal base 88 | Credit card terminal, lngcuico, model no. not available 350 100 30 89 l Cash drawer, metal, lock hardware 120 35 10 90 2 Corkboards, 3'a2',wood 6nmc 90 30 |O V] l Dry erase board, 3'x2', nuetu| brume 110 35 |O 92 | A|\-in'on*machine, HP, Model no.: Luoedet Pro MFP 230 70 30 M225dn 92 l Desk filer, 15" wide, metal, 3-druv/e, 150 45 15 94 ) Task armchair, padded vinyl seat 175 40 15 95 l Bookcase, 60" x9O" x 12", wood, 24 cubbyhole sections 240 75 25 96 | Niubistxod, 28" z 29" x 16". wood, l drawer, 2-door 150 45 15 97 | Storage cabinet, 4' x7X" x24"` O|ine, 2'door 575 170 110 98 l Bookcase, 48" z 84" n 13", wood, 12 cubbyhole sections 190 60 20 99 2 Wall speaker, Vo|oom, 12" x 12" 120 35 10 BERNELL HYDRAULICS, INC. MOVABLE EQUIPMENT EFFECTIVE DATE OF VALUE- DECEMBER 10, 2018 Fair Market Forced Item Replacement Value in Liquidation No. Qty. Description Cost New Place Value Hose Room 100 1 Flaring and Flanging system, Parker,Model no: Parflange 86,500 43,250 10,000 50, including feeder 101 36 Linear feet of shelving units, 86" high x 13" deep, bolted 3,850 1,150 375 metal, I 1-tier, metal 102 1 Fire extinguisher, Amerex, 10 lb. 110 35 10 103 1 Hand truck,metal 110 30 10 104 1 Dry erase board, 3'x 2', metal 65 20 5 105 1 Shelf, 6'x Tx 12", metal, 12-tier 340 too 30 106 1 Mop bucket, Rubbermaid 80 20 5 107 1 Dirty garment locker, 17" x 77"x 16", metal 225 65 20 108 1 Chair,tubular metal, metal mesh seat and back 150 35 10 109 1 Bench, 55" x 25" x 22", wood base, metal legs, plated steel 350 105 35 top 110 1 Paper towel dispenser, GP, stainless steel, manual 50 15 5 III I Soap dispenser,Zep 70 20 5 112 1 Clean towel dispenser, plastic, manual 35 to 5 113 2 Crimping machines, Parker, Model no,: Parkrimp 2,Catalog 15,500 5,500 2,000 4400 US, with base and hydraulic package, 240V 114 15 Linear foot of gondola wall shelving,49" high x 22" deep, 1,500 600 150 metal frame, 6 gondola shelves, including I lot of plastic bins 115 1 Storage cabinet, 4'x 78" x 24", metal, 2-door 575 200 50 1 BEKN8Ll HYDRAULICS, INC. MOVABLE EQUIPMENT EFFECTIVE DATE OFVAI. OE' DGCByNBBKl0, 20|8 Fair Market Forced Item Replacement Value in Liquidation No. Qty. Description Cost New pluoc Value 116 3 Workbenches, 70" z33", welded steel,2 upper storage 2,400 858 300 shelves, 8" deep, ) under tier, 6" wide U-shaped work extension, vvc|d*d o1cc| 117 \ Dual bench grinder, manufacturer not available, Model no.; 200 ?U 20 l-546,6" 118 l Hose machine, Cudiu?o1odo, |O" blade, manual As is 550 200 110 l Hose reel, PP, |8". plastic enclosure 240 155 25 128 l Vise, Wilton, 4" wide, with metal platform, wall-bolted 500 200 50 121 l Stepladder, Werner, 8'hioh, metal 170 60 15 122 l Garbage receptacle, Rubbermaid,4Ogallon 45 lO 5 123 \ Portable hoist, DuUxn-Lunaon Co, K4odc| no.: Bl200B, 600 180 80 1,200 |h. capacity 124 l Work stand, 20" x 14" welded steel,4.5" wide Wilton vise 625 190 60 Warehouse 125 84 Storage racks, 3' x75" - 78" high 12", metal, l0 metal tiers 33,600 10,075 ],]00 on average 126 18 Storage racks, 3'x 80" x 18", me\o|, 7-tieronaverage 6,125 1,850 600 127 l Storage rack, l8" x80" z8", metal, lO metal tiers 320 00 30 128 l Fire extinguisher, lO |h. 118 30 lO 129 4 Dry erase boards, 2' x2' 240 75 20 130 2 Storage racks, 4'x 2`x l8"`tubular metal, 3 metal wire tiers, 300 90 30 laminate top 131 l Storage rack, 4's6'zl8", tubular metal, 6 metal wire tiers 240 75 25 12 BERNELL HYDRAULICS, INC. MOVABLE EQUIPMENT EFFECTIVE DATE OFVALUE- DECEMBER 10, 2018 Fair Market Forced Item Replacement Value in Liquidation N o. Qty. Description Cost New Place Value 132 1 Order/paper spinner rack, 14" x 48" x 14", metal 150 50 15 133 3 Bookcases, 3' x 4'x 12", metal,3-to 4-tier 190 60 20 134 1 Bookcase, 3'x 56" x 12", metal, 4 metal tiers 80 25 10 135 1 Wall clock, 18" diameter, plastic 45 15 5 136 2 Equipment carts, 29" x 16", metal, 2-tier 400 120 40 137 3 Stools,metal base, padded vinyl seats and backs 600 180 60 138 2 Shop desks, 60" x 30", metal 540 160 50 139 5 Desk filers, 16" wide, 3 metal drawers 775 500 75 140 9 All-in-one machines, HP, Model no.: Lasenlet 1536dnf MFP 2,700 810 360 141 4 Computers, HP, model no. not available, including 3,600 1,075 450 keyboards, mice, monitor and speakers 142 1 Equipment cart, 30" x 18",tubular metal, 3 metal wire tiers 250 75 25 143 1 Shop desk, 66" x 30", metal, I drawer, I under tier, 2 upper 325 95 30 shelves 144 1 Tape dispenser, Marsh, Model no.: TD21 00 360 125 35 145 1 Laser label printer, Zebra, Model no.: ZT230 910 365 90 146 1 Platform scale, Model, Model no.: 4040,400 lb. capacity, 160 45 15 digital display 147 1 Postage scale, Ohaus, model no. not available 150 50 15 148 1 Label printer, Zebra, Model no.: ZP450 285 100 25 149 1 Task stool, plastic, fabric seat and back, chronic foot ring 225 70 20 150 2 Air filters, Blue Air, Model no.: 203 720 250 70 13 BERNELL HYDRAULICS, INC. MOVABLE EQUIPMENT EFFECTIVE DATE OF VALUE- DECEMBER 10, 2018 Fair Market Forced Item Replacement Value in Liquidation No. Qty. Description Cost New Place Value 151 1 Storage rack, 4'x 6'x 18",tubular metal, 6 metal wire tiers 380 115 35 152 1 Trash receptacle, 40 gallon, plastic 45 10 5 153 2 Fire extinguishers, Arnerex, 10 lb. 220 75 20 154 1 UPS/battery back-up, Tripp-Lite, model no. not available 175 60 15 155 3 Corkboards, 3' x 2', plastic frames 120 45 15 156 1 Equipment cart, 42" x 24", metal, 2-tier 225 80 20 157 1 Time clock,Amano, Model no.: TCX-85 275 95 25 158 1 Time clock, uAttend, model no. not available,thumbprint 200 70 20 type 159 2 Small parts cabinets, 20" x 10" x 6", plastic, 26-drawer 40 10 5 160 1 Storage cabinet, 36" x 78" x 18", metal,2-drawer 220 80 20 161 1 UPS/battery back-up, Tripp-Lite, model no. not available 175 60 15 162 20 Linear feet of shop desk, 30" deep, metal top and legs 1,080 380 110 163 2 Chair mats, plastic 140 45 15 164 1 Paper/spinner rack, Yx 24" x 24", metal, 4-sides 120 35 15 165 1 File cabinet, I]on, metal, 4-drawer 230 80 25 166 4 Storage rack, 4'x 75" x 18",tubular metal, 5 metal wire 1,000 300 100 tiers,casters 167 1 Water cooler, hot/cold 180 65 20 168 1 Coffee maker, Bunn, VPR Series, single burner, I top 350 100 35 warmer 14 I BERNELL HYDRAULICS, INC. MOVABLE EQUIPMENT EFFECTIVE DATE OF VALUE- DECEMBER 10, 2018 Fair Market Forced Item Replacement Value in Liquidation No. Qty. Description Cost New Place Value 169 1 Coat rack, 6' high, metal 140 35 15 170 2 Folding tables, 6' x 30", plastic top, metal legs 200 60 20 171 8 Folding chairs, plastic 120 40 15 172 1 Side-by-side refrigerator, Frigidaire, 37" x 69" x 31 with 1,200 350 120 ice and water dispenser 173 1 Conference table, 8' x 4', laminate top, metal base 600 180 60 174 7 Task armchairs, metal, vinyl seats, mesh backs 1,900 575 180 175 4 Task armchairs, metal, vinyl seats and backs 800 240 80 176 1 Television, LG, 47",with wall mount 400 120 40 177 1 Credenza, 60" wide, laminate,2 sliding doors 600 180 60 178 1 Guest chair, wood base, fabric seat and back 180 55 20 179 1 Storage/stand table, 20" x 36" x 15", wood, 3-basket 120 35 10 180 1 'Fable, 44" diameter, wood 275 70 25 181 1 All-in-one machine, Epson, Model no.: WF-7620 230 85 40 182 1 Bookcase, 6' x 42" x 13", wood, 3-tier 240 75 25 183 1 Printer, HP, Model no.: DesignJet 7520 200 40 15 184 1 Lateral file cabinet, 36" wide, laminate,2-drawer 400 120 40 185 1 Computer/printer stand, 25" x 25" x 16", laminate 160 40 15 186 5 Task armchairs, plastic, fabric seats, mesh backs 1,125 400 115 187 1 Printer, HP, Model no.: LaserJet P2015dn 500 25 10 188 1 All-in-one machine, HP, Model no.: OfficeJet 7610 250 70 30 15 BERNELL HYDRAULICS, INC. MOVABLE EQUIPMENT EFFECTIVE DATE OF VALUE- DECEMBER 10, 2018 Fair Market Forced Item Replacement Value in Liquidation No. Qty. Description Cost New Place Value 189 2 Desk filers, 16" wide, metal, I-2-drawer, I- 3-drawer 280 100 30 190 2 Corkboards, Yx 2' 80 25 10 191 1 Desk, 9 linear feet x 24", laminate top, metal legs 550 190 50 192 1 Table, Yx 24", metal legs, laminate top 150 50 15 193 2 Bookcases, 4'x 6' x 13",wood, 10 cubbyhole sections 450 160 45 194 17 File cabinets, letter size, metal, 4-drawer 3,400 1,200 340 195 1 Desk, 5'x 30", double pedestal, laminate top 525 160 50 196 1 Shredder, Fellowes, Model no.: 99Ci 220 75 20 197 1 Water cooler, hot/cold 180 55 20 198 4 Corkboards, Yx 2', metal frame 200 60 20 199 1 Fire extinguisher, Amerex, 10 lb. 110 30 10 200 3 File cabinets, letter size, metal, 2-drawer 480 150 45 201 4 Desks, 66" x 30", 3-with 42" x 24" return, double pedestal, 3,800 1,325 375 laminate top, metal base 202 1 Computer, Dell, Model: XPS, with monitor, keyboard and As is 110 55 mouse 203 1 Computer, Dell, Model no.: OptiPlex 390 with keyboard, 850 175 75 mouse and monitor 204 4 Chair mats, plastic 260 65 25 205 1 File cart, 30" x 18", tubular metal, 2 metal wire tiers 170 50 15 206 1 Surveillance television/monitor, Vizio, 32" 175 60 15 16 Bl---'RNELI- HYDRAULICS, INC. MOVABLE EQUIPMENT EFFECTIVE DATE OF VALUE- DECEMBER 10, 2018 Fair Market Forced Item Replacement Value in Liquidation No. Qty. Description Cost New Place Value 207 1 Surveillance television/monitor, Vizio,47" 475 165 45 208 1 Printer, Epson, Model no.: ET-3750 350 120 35 209 1 Printer, HP, Model no.: Color LaserJet CPI 515n 300 75 35 210 1 Bookcase, 30" x 32" x 12", laminate, 2-tier 60 15 5 211 1 Safe, Horne Safe by Liberty, 24" x 30" x 20", code pad entry 750 300 100 212 1 Desk filer, 30" x 16", metal, I under tier 120 40 10 213 1 File rack, 32" x 30" x 18", metal, 2 over/under tiers 200 70 20 214 1 Shredder, Fellowes, model no. not available 300 75 30 215 1 Conference table, 90" x 50", wood top and legs 800 250 80 216 6 Chairs, wood legs, leather seats and backs 1,635 490 160 217 1 Dry erase board, 4'x 34", plastic frame 50 15 5 218 2 Wall units, 33" x 78" x 12", wood,2 lower doors, 3 upper 800 280 80 tiers 219 1 Lateral file cabinet, 34" wide, wood, 2-drawer 360 110 35 220 1 File cabinet, 24"wide, wood, 2-drawer 175 50 15 221 1 Sofa, 78" wide, metal legs, vinyl seat and back 900 315 90 222 1 Desk, 66" x 28", with 48" x 26" return, wood, double 1,200 420 120 pedestal, upper hutch, 46" high 223 2 Bookcases, 48" x 84" x 13",wood, 6 cubbyhole sections 700 250 70 224 1 Desk, 6' x 40", wood, double pedestal 750 225 75 17 BERNELL HYDRAULICS, INC. MOVABLE EQUIPMENT EFFECTIVE DATE OF VALUE- DECEMBER 10, 2018 Fair Market Forced Item Replacement Value in Liquidation No. Qty. Description Cost New Place Value 225 1 Computer, manufacturer and model no. not available, with 1,050 250 100 keyboard, mouse and monitor, Samsung, Model no.: S27F352FH 226 1 Wall cabinet, 32" x 74" x 13", wood, single glass door, 450 135 45 ]-door, 3-drawer 227 1 IT cart/rack,4' x 40" x 17",tubular metal, 3 metal wire tiers 200 60 20 228 1 Communications server, Cisco, Model no.: UC540, with 1,400 420 140 FXO 229 1 Firewall, WatchGuard, Model no.: Firebox M200 2,500 875 250 230 1 Switch, HP, Model no.: JE007A/V I 910-24G-POE 925 325 90 231 1 CPU, Dell, Model no.: OptiPlex 7010 875 115 45 232 1 Router, Ubee, Model no.: DDW365 50 10 5 233 1 Server, Dell, Model no.: PowerEdge T620, with keyboard, 1,700 525 245 mouse and monitor 234 1 Server, Dell, Model no.: PowerEdge R420 2,150 425 190 235 1 Ethernet switch, Cisco, Model no.: ESW 520, 24-port 860 40 15 236 1 UPS/battery back-up, APC, model no. not available 300 90 30 237 1 Portable cooler, Haier, model no, not available 265 90 25 238 1 Storage rack,4' x 36" x 18",tubular metal, 3 metal wire tiers 220 65 20 239 1 Surveillance monitor, Acer, Model no.: X223 with 450 135 45 multiplexor, with HDMI splitter, lx4 240 1 Bookcase, 30" x 32" x 12", laminate,2-tier 65 20 5 241 1 Router, Xirrus, Model no,: XR600-1, vendor owned, not ---- ---- ---- appraised 18 BERNELL HYDRAULICS, INC. MOVABLE EQUIPMENT EFFECTIVE DATE OF VALUE- DECEMBER 10, 2018 Fair Market Forced Item Replacement Value in Liquidation No. Qty. Description Cost New Place Value Mezzanine 242 5 Storage racks,4'x 3' x 18", tubular metal, 3 metal wire tiers, 650 200 65 1-with casters 243 3 Storage racks, 58" x 6'x 18",tubular metal,4-to 5-metal 550 165 55 wire tiers 244 2 Boltless metal storage racks, 4' x 6' x 24",tubular metal, 480 120 45 4 plywood decks 245 1 Fire extinguisher, Arnerex, 10 lb. 110 35 10 246 1 Bookcase,4'x 73" x 13", wood, 10 cubbyhole sections 240 75 20 247 1 Storage cabinet, Yx 66" x 19", metal, 2-door 220 65 20 248 4 File storage racks, 70" x 84" x 30", boltless metal, 4 1,325 400 130 plywood decks 249 1 Shelf',4'x 6'x 24", metal, 5 metal tiers 260 75 25 250 8 File cabinets, letter size, metal, 4-drawer 1,600 480 160 251 2 File cabinets, letter size, metal, 2-drawer 300 90 30 252 1 Shop desk, 5' x 30", metal base and top 260 75 25 253 1 Rack, 42" x 50" x 16", metal, 5 metal tiers 280 85 25 254 1 Stepladder, metal, 2-step 70 20 10 255 1 Desk, 4' x 20", laminate, casters 250 75 25 256 1 Overhead electric heater, Dayton, model no. not available, 1,200 480 120 24"x 18", electric 257 1 Electric hoist, Dayton,2,000 lb. capacity 2,300 925 450 19 BERNELL HYDRAULICS, INC. MOVABLE EQUIPMENT EFFECTIVE DATE OF VALUE-DECEMBER 10, 2018 Fair Market Forced Item Replacement Value in Liquidation No. Qty, Description Cost New Place Value 258 1 Storage rack, 4'x 78" x 18",tubular metal, 6 metal wire tiers 280 85 30 259 1 Storage rack, 30" x 6' x 27",tubular metal, 6 metal wire tiers 240 75 25 260 1 Portable cooler, Bonaire, 20" x 30" x 10" 650 200 60 261 1 File cabinet, letter size, metal, 2-drawer 140 45 15 262 1 Hand truck, metal, pneumatic tires 180 55 20 263 1 Toolbox, Knaack, Model no.: 4824-Jobrnaster Chest, 525 180 50 48" x 35" x 24" 264 1 Wall cabinet, 4'x 16" x 13", metal 200 60 20 265 1 Wall clock, 18" diameter, plastic 35 10 5 266 1 Hydraulic fuel filter, Parker, Model no.: 2,300 800 250 1 OMFP240SA I OQBVP 14, metal cart, dual pumps 267 2 Storage racks, 6' x 7' x 24", metal, 7-tier 640 190 65 268 1 Shop desk, 7' x 36", fabricated steel, with 5" Wilton vise 900 270 90 269 1 Vertical dual vise station, Greenerd Arbor Press, Yx 5'x 2', As is 1,500 650 steel, I- Model no.: 3, 1- Model no.: 3 1/2 270 1 Lapping machine, Crane Packing Co,, Model no.: As is 14,500 600 Lapmaster 24 271 1 Shop desk, 8' x 56", fabricated steel, I under tier, I vise, 1,300 450 130 Wilton, 6" 272 1 Aqueous parts washer, System One, 39" x 42" x 29" 3,500 875 350 273 1 Work stand, 26" x 38" x 22",welded steel, 24" x 20" x 3", 200 60 20 steel top plate 274 2 Oily waste cans,Justrite, 10 gallon 90 30 10 20 BERNB[[HYDRAULICS, INC. MOVABLE EQUIPMENT EFFECTIVE DATE DF VALUE' DECBK4BGlllO, 20lQ Fair Market Forced Kenn Replacement Value in Liquidation No. Qty. Description Cost New M000 Value 275 2 Oil drain parts, Flo Tool, l8" s6" x2O", plastic 250 75 25 276 2 Fire extinguishers, &nncrex, l0lb. 230 80 220 277 | Portable cooler, Dyoo Coo(` model no. not available 2,200 700 200 278 | Strapping cad' Signodo` 25" diameter 550 220 55 279 \ Hand truck, metal 120 25 10 280 | Drill press, manufacturer and model no, not available, 1,100 400 100 8" gup 281 4 Equipment carts, 3U" x l8", metal, 2'hur 800 280 80 282 2 Equipment carts, 3'x2', metal 450 168 45 283 7 Small parts open bin cabinets, ]5" x44" u 12", 72-ueohun 1,275 450 125 284 4 Small parts open bin cabinets, 35'' xZl" x 12", 40'ueotion 510 180 50 285 l Portable work table,4' z3',tubular metal frame,casters 225 70 20 286 | Pot-table work table,4' x24"`welded steel, casters 400 140 40 287 | Platform ladder, Werner, 4' x 17", u|unoinom 85 25 18 288 \ Vise station/pedestal, Wilton, 6"` steel base, floor bolted 725 215 70 289 i Stool, metal, wood base and back 60 15 S 290 ' l Workshop desk, 6'x36", metal, l under tier with locking 1,300 450 130 door, with 4.5" Snap-On vise 291 l Shop table, 78" s46", welded steel, with 4.5" vise 1,108 385 100 292 l Shop table, Tx 4', welded steel,4.5" vise 800 280 80 293 1 File cabinet, letter size, metal, 2-drawer 140 45 15 BERNELL HYDRAULICS, INC. MOVABLE EQUIPMENT EFFECTIVE DATE OF VALUE- DECEMBER 10, 2018 Fair Market Forced Item Replacement Value in Liquidation No. Qty. Description Cost New Place Value 294 2 Mechanic's stools, Snap-On, metal,vinyl padded seats 320 110 30 295 1 Work stand support, 9" long "V", metal platform base 120 35 10 296 1 Small parts cabinet, 30" x 46" x 15", metal, 50 plastic 150 45 15 drawer/bins 297 1 Hydraulic pump, Enerpac, Model no.: PLJD1200B 3,125 1,250 300 298 1 Portable air pressure tester, 4'x 30" x 20", metal frame, As is 400 150 Haskel pressure gauge, 5,000 PSI 299 1 Cage bin, 32" x 28" x 40", metal wire 200 60 20 300 1 Storage rack, 48" x 6'x 18",tubular metal, 6 metal wire tiers 300 90 30 301 1 Variable speed drive, Magne-TEK, GPD503, 230 1,500 600 200 302 6 Gas/chemical tanks,vendor owned, not appraised ---- ---- ---- 303 1 Lot of miscellaneous hand tools, including, but not limited 15,000 6,000 2,000 to wrenches, screwdrivers, pliers, mallets, hammers, socket sets and miscellaneous power tools 304 1 Lot of employee owned tool cabinets and hand tools, not ---- ---- ---- appraised 305 1 Service truck, Ford, model: F350, 2005, license no. 37,250 18,625 6,520 7W92664, with: I Utility truck bed with 2-sets of 4-tool boxes I Steel carrying rack on bed I Heavy duty bumper with trailer hitch, vise 2 Pipe carrying tubes attached 306 1 Service truck, Ford, model: F350 Super Duty, 2001, license 33,620 15,130 5,295 no. 6S35120, with: I Utility truck bed with 2-sets of 3-tool boxes I Steel carrying rack on bed I Heavy duty bumper with trailer hitch, vise I Pipe carrying tube attached 22 BERNELL HYDRAULICS, INC. MOVABLE EQUIPMENT EFFECTIVE DATE OF VALUE - DECEMBER 10, 2018 Fair Market Forced Item Replacement Value in Liquidation No. Qty. Description Cost New Place Value 307 1 Service truck, Ford, model: F450 Super Duty, 2004, license 51,010 25,505 8,925 no, 7G38545,with: I Flat stake bed, 8' x 8' 1 Lot of stake bed side boards, wood I Heavy duty rear bumper with vise I Trailer hitch 4 Built in tool boxes 2 Hydraulic outrigger stabilizer arms I Boom crane, swiveling, Speed Loader 4 Work lights 308 1 Service truck, Ford, model: F550 Super Duty crew cab, 49,120 19,645 6,875 2001, license no. 6F39586, with: I Dual rear tires I Heavy duty rear bumper/tool box with 2-vises I Trailer hitch I Utility truck bed with 2-sets of 3-tool boxes, Snap-On I Boom crane, swiveling, Venturo 309 1 Run truck, Ford, model: F 150 extended cab, 2013, license 36,670 29,335 10,265 no. 51531K], with: I Trailer hitch I Plastic bed liner 310 1 Run truck, Ford, model: F 150 XL extended cab, 2018, 40,730 36,660 12,830 license no. 369011.2, with: I Steel ladder rack 2 Grab rails on top of bed sides, stainless steel I Plastic bed liner I Steel backstop between bed and cab I Trailer hitch 311 1 Trailer, 22' flatbed, dual axle, Kwik Load Inc., model: 22FT As Is 6,600 2,310 W/B, 2004, license no. 31190A, with 1,200 lb. electric winch, spare tire 23 BGRNC[[ HYDRAULICS, INC. MOVABLE EQUIPMENT EFFECTIVE DATE 0F VALUE- DEC6MBEKl0, 20)8 Fair Market Forced |tum Replacement Value in Liquidation No. Qty. Description Cost N Place Value 372 ] Welding trailer, 8', dual axle, license no, 4AF79l9, with: As Is 7'320 2,560 } Gas powered welder, Thcrmu| Are, powered by Honda motor, 25BP | Vise attached | Tool box attached,with welder's and hand tools 313 | Forklift, Clark, propane, hard tire, 5`000 lb. capacity, As Is 1,500 525 disassembled 314 l Forklift, Hyuto,, propane, hard tire, 6,000 lb. capacity, with As Is 6,000 2,100 2 m1ugu mast 315 l Forklift, Clark, propane, hard tire, lO,OOO lb. capacity As Is 7,580 2,625 316 l Forklift, Byater, nnnd6: H300XL, diesel, pneumatic tire, 15 As Is 20,000 7,000 ton capacity Portable Eouipment 317 | Hydraulic pressure testing/flushing unit, |20gpmcapacity, 75,000 37,500 13,125 with: 150 gallon reservoir, 50 BPelcu(ric motor and pump, cooler, skid mounted, mhz. by Bernell Hydraulics 318 } Hydraulic power pack unit, with: reservoir, |0RPHonda 7,000 3`500 1`225 gas motor and pump, skid moun{ed, notu, by Bernell Hydraulics 319 l Vacuum dehydrator packaged unit, Bncrvuc, |25 psi, skid 80,000 40,008 14,000 moontod, nuKz. by Bernell Hydraulics 320 l Portable welder, K4i\|ur, mode): Big Blue, dimm:| engine 14,290 5,720 2,000 powered, skid mounted 321 | Hydraulic power pack unit, with: reservoir, 20 or25 electric 60,000 24`088 8`400 motor and pump, 480/22O volt, skid mounted, mfg. hy Bernell Byd,ou|iuo 322 l Hydraulic fluid conditioning unit, skid mounted, */oubioet 25,000 10,080 3,500 24 � BERNELL HYDRAULICS, INC. MOVABLE EQUIPMENT EFFECTIVE DATE OF VALUE- DECEMBER 10, 2018 Fair Market Forced Itern Replacement Value in Liquidation No. Qty. Description Cost New Place Value 323 1 Hydraulic fluid filtering unit, 23 gpm capacity,with: 20 HP 25,000 10,000 3,500 electric motor,480 volt, and Pump, skid mounted, rnfg. by Bernell Hydraulics 324 1 Electro/vacuum pump unit, Travaini Pumps USA, 30 HP, 17,500 7,000 2,450 skid mounted 325 1 Portable engine hoist, long reach, Bernell Hydraulics, 7,000 2,800 980 model: I Equipment at flose Shed 326 1 Drill press, Jet, 3/4 HP, not in use 990 345 120 327 1 Lot of minor equipment,consisting of. 1,760 615 215 2 55 gallon plastic drurns 2 Rubber floor mats,4'x 8' 1 Fire extinguisher, 20 lb. I Large dust pan, with long handle I Rubber hose, 25', with valve and wand I Water hose, rubber, 50' 1 Plastic tote, 16" x 26" x 14" 6 Conduit pipe benders, various diameters I Steel bai-bell weight, 40 lbs, l Extension cord, 50' 1 Car seat, not installed I Extension ladder, aluminum and Fiberglass,20' 1 Water hose, rubber, 100' 328 1 Hose rack, steel, heavy duty, rolling 680 235 80 329 1 Cart, steel, heavy duty, Yx 2'x 34", 3 tiered 360 125 45 330 1 Wood storage rack, Yx 16" x 6' 6", 9 tiered 180 60 20 331 1 Large tool box, Snap-on,20" x 41" x 45", rolling, with: 2,500 875 305 1 Lot of hand tools 332 1 Lot of warehouse storage racks, consisting of: 1,980 695 245 2 Uprights,41" x 7' 25 8ERNBLL HYDRAULICS, INC. MOVABLE EQUIPMENT EFFECTIVE DATE 0P VALUE-DECBMBER |0, 2O\0 Fair Market Forced Item llop)uoemcnt Value in Liquidation No. Description Cost New Place Value 3 Uprights, 42" x9', heavy duty 6 Beams, 8' long x23/4" deep A 8ouma, 7' long 5 1/2" deep 3 Wood shelves, 8' z38" 4 Wood shelves, 7' x38" 333 l Work bench, wood fiamed with steel top, ]'z24' 8" x34", 7,220 2,525 885 with: | Fnuntt,uy, steel channel, 2" x 5" x 24' 8" long l Undrmhe|f, wood,24' 8" long 334 | Steel cutting chop saw, Milwaukee, ]4" diameter 390 135 45 335 \ Hose crimping/swaging machines, Parker Hannifin, model: 15,008 5,250 1`835 KanvKdoop2, w/dttings 336 l Hose crimping/swaging machines, Parker Hannifin, model: 15,000 5`250 1,835 Super Krimp, vv/Dtthngo 337 l Steel cut-off saw, De*uk, |4" diameter, model: D28715 230 70 25 338 l Lot of steel hooks, wall mounted,consisting of: 2,380 830 290 l Hose rack, steel, 9` 6" long x8 arms x 12" wide 4 Sets of hose hooks, steel,4' long z3 position, shop made } Set nfp/a|| hooks, steel, 10" long 2 peg ) Set of wall hooks, steel, \8" long zjpeg ) Set of ladder arms, steel, 22" long x2each l Set of stock arms, steel, 16" |mng xAeach 12 Hose hooks, uteel,20" long, shop made,wall mtd. l Steel rack for conduit benders, ] peg 339 3 Storage racks, steel, 3' x 12" x7', O shelf 1,040 365 130 Machine/Weldinj!Shop 340 | Van body storage box, 8'x21'x9' 6", attached <owelding As Is 1,800 630 shop, no wheels, with light fixtures, conduit and wiring 26 BERNELL HYDRAULICS, INC. MOVABLE EQUIPMENT EFFECTIVE DATE OF VALUE- DECEMBER 10, 2018 Fair Market Forced Item Replacement Value in Liquidation No. Qty. Description Cost New Place Value 341 1 Motorcycle storage shelter, PVC pipe with vinyl cover, ---- ---- ---- 4'9" x 10'x 6'(owned by shop foreman), not appraised 342 2 Disassembled motorcycles, (owned by shop foreman), not ---- ---- ---- appraised 343 1 Lot of minor equipment, consisting of. 18,680 6,535 2,285 1 File cabinet, 5 drawer, Steel Age I Lot of drill bits and tooling, stored in above 2 Fire extinguishers, 10 lb. 2 Rubber safety cones, 30" high I Storage shelf, steel, 3' x 4' 1 Tank dolly, 2 position, steel, shop made 4 Rubber floor mats, 2'x 3' 1 Anvil I Rotary indexing table, 12" diameter I Vise, 4 1/2"jaws I Pneumatic disc sander, Dewalt 2 Vee blocks, steel I Various squares, rulers I Punch set I Adjustable jaw pliers, large 2 Air hose wands I Toolbox with hand tools I Folding table, 4'x 16" 2 Face guards I Lot of layout blocks 2 Stools, tractor seat type 2 Fire extinguishers,20 lb., wet type I Heavy duty extension cord, 50' 1 Nuts and bolts rack, steel, 36" x 12" x 21 I Heavy duty extension cord, 3 prong I Stereo, Panasonic, with 3-speakers I Car seat, not installed 2 Plastic totes I Cabinet, steel, 17" x 24" x 26" 1 Cart I Hose reel I Propane space heater, portable I Basket of machine parts 27 BERNELL HYDRAULICS, INC. MOVABLE EQUIPMENT EFFECTIVE DATE OF VALUE- DECEMBER 10, 2018 Fair Market Forced Item Replacement Value in Liquidation No. Qty. Description Cost New Place Value I Lot of paint in buckets 6 Lifting slings I Small cooler I Small tool box with various hand tools I Pipe threading stand with pipe vise I Large dust pan, with long handle I Hand truck for welding gas tanks 2 Hard hats I Squeegee 2 Welder's chairs, customized 4 Large pipe wrenches I Steel rack foi-above I Toshiba stereo I Large hammer I Steel anvil, 3' long I Vise, 6"jaws I Cart, steel,24" x 36" x 40" 1 Garbage can, 50 gallon 2 Drill bit cabinets, with drill bits I Indexing head, rotary I Lot of squares I Parts cabinet, steel, multi-compartment, 36" x 12" x 64" 1 Flash screen, plywood, on frame, steel, 4'x 4' 1 Lot of come-alongs and chain I Push broom 2 Brooms I Fire extinguisher, 5 lb. I Sledge hammer 2 Carbide saw blades, 14" diameter I Lot of miscellaneous jigs 4 Levels, Tto 6' long I Pneumatic air wand I Multi-use ladder I Ladder, fiberglass, 6', Husky I Box of collets, button and dies, 21 x 1611 1 Mechanics crawler I 'Fool stand, steel, 18" x 18" x 44",with collets and taps 28 BERNELL HYDRAULICS, INC. MOVABLE EQUIPMENT' EFFECTIVE DATE OF VALUE- DECEMBER 10, 2018 Fair Market Forced Item Replacement Value in Liquidation No. Qty. Description Cost New Place Value 344 1 Lot of minor power tools, consisting of: 6,410 2,245 785 2 Electric drills, Dewalt, 3/8" 1 Chop saw, Dewalt, model: DW872, 14" diameter I Angle grinder, Dewalt I Angle grinder, Makita, model: GA791 I I Metal cutting saw, Slugger, 7 1/4" diameter I Drill, 3/8", Makita I Shopvac, Ridgid, 6.5 HP, 16 gallon 2 Pneumatic drills I Vacuum, Utilitech Pro, small wand type I Miller welder and spare cables I Magnetic drill press, Porter Cable, model: 77753 1 Magnetic drill press, Milwaukee,model: 4292-1 1 Delta chop saw, 12" diameter I Tile saw with stand 345 2 Steel storage racks, 34" x 7' 9" x 6', heavy duty, shop made, 700 245 85 4 tiered, wood and steel shelves 346 6 Welding gas tanks(rented, not valued), vendor owned, not ---- ---- ---- appraised 347 1 Layout drill machine,Cleereman, model: ED423, with: As Is 10,740 3,760 1 CNC controls, Sony, model: 1.1-13 1 A-2 I Automatic XY table feed I Work holder table, 22" x 44" 1 Milling vise,with 9"jaws I Pneumatic chuck milling vise 2 Work lights I Lot of tooling and drills I Tool storage rack, steel, 41" x 10" x 91 20 Linear feet of conduit and wiring to panel 348 1 Vertical milling machine, Cincinnati, model: 220-16, with: As Is 5,930 2,075 1 Manual XY table feed I Indexing head table I Slant vise, with 5"jaws I Milling vise, with 6"jaws I Lot of related tooling 29 BERNELL HYDRAULICS, INC. MOVABLE EQUIPMENT EFFECTIVE DATE OF VALUE- DECEMBER 10, 2018 Fair Market Forced Item Replacement Value in Liquidation No. Qty, Description Cost New Place Value I Simplex outlet 15 Linear feet of conduit and wiring to panel 349 1 Drill press, Chicago, model: P-17, 12 speed, heavy duty, on 1,650 580 205 stand, with: 1 5/8" capacity chuck I Work vise, with 5"jaws I Duplex outlet 15 Linear feet of conduit and wiring to panel 350 1 Threading lathe, Le Blonde, 20" swing x 8' 6" bed, with: 21,050 7,365 2,580 1 Three jaw chuck I Four jaw chuck I Tailstock I Lathe tooling and toolbox I Drill chuck and drill bits 6 Work stands and storage rack, steel I Work light I Chip guard I Simplex outlet 15 Linear feet of conduit and wiring to panel 351 1 Tool rack, steel, 3 tiered, 10" x 18" x 38", with: tools,jigs, 1,800 630 220 fixtures, blocks 352 1 Vertical milling machine, Bridgeport, s/n: J32409,with: 11,310 3,395 1,190 I Manual XYZ table feed I Milling vise, with 6"jaws I Work light I Chip guard I Lot of related tooling and collets I Simplex outlet 25 Linear feet of conduit and wiring to panel 353 1 Pedestal grinder, dual arbor, Dayton, model: 4Z909C, heavy 2,300 690 240 duty, with 8" diameter grinding wheels, with: I Duplex outlet 30 Linear feet of conduit and wiring to panel 30 BERNELL HYDRAULICS, INC. MOVABLE EQUIPMENT EFFECTIVE DATE OF VALUE-DECEMBER 10, 2018 Fair Market Forced Item Replacement Value in Liquidation No. Qty. Description Cost New Place Value 354 1 Heavy duty drill press,AB Arboga Maskiner,type: 12,050 4,220 1,475 RM3580, no. 183290, with 18" throat, with: I Milling vise,with 6"jaws 1 Large drill chuck and drill bits 16 Linear feet of shelf,with collets 1 Simplex outlet 40 Linear feet of conduit and wiring to panel 355 1 Heavy duty belt grinder, with 5 1/4" x 22" belt, with: 3,860 1,350 470 1 Simplex outlet 40 Linear feet of conduit and wiring to panel 356 1 Heavy duty belt grinder, EHG, with 3" x 36" belt, with: 730 255 90 1 Simplex outlet 40 Linear feet of conduit and wiring to panel 357 1 Tube bending machine, hydraulic,with: 7,250 2,540 890 4 Tube bending arm and die sets, 1/2" to 3/4" diameter 358 1 Wire feed welder, Lincoln, model: Wirematic 255,with: 4,310 1,510 530 1 Cart, sttel, with table top I Cables I Tank, regulator, hose 1 Simplex outlet 45 Linear feet of conduit and wiring to panel 359 1 Plasma cutter, Hypertherm, model: Powermax 45, with 2,820 990 345 stand and cables,with: 1 Fourplex outlet 45 Linear feet of conduit and wiring to panel 360 1 Welding work table, stainless steel,24" x 38" x 36", rolling, 900 315 110 with: undershelf, back wall, 38" x 31", and top shelf 361 1 Welding work table, 2" thick steel,48" x 98"x 34", with: 3,150 1,100 385 1 Pipe clamp vise, Ridgid, model: C-810 I Pipe clamp vise, small 1 Bench top grinder, dual arbor, 6" diameter, 1/2 HP 362 1 Rotary table, with small hydraulic packaged power unit 1,800 630 220 31 BERNELL HYDRAULICS, INC. MOVABLE EQUIPMENT EFFECTIVE DATE OF VALUE- DECEMBER 10, 2018 Fair Market Forced Item Replacement Value in Liquidation No. Qty. Description Cost New Place Value 363 1 Fume extractor, Miller, model: MWX-S, I HP, wall 9,750 3,410 1,195 mounted bracket, HD, with articulated arm and pick-up hose 364 1 MIG welder, Miller, model: Millermatic 135, 115 volt, with: 1,870 655 230 1 Cart I Cables I Welding hood I Simplex outlet 45 Linear feet of conduit and wiring to panel I Rack for welding rods, 8 bin 365 1 TIG Welder, Miller•,with: 4,630 1,620 565 1 Cooler unit, Miller, model: Coolmate 1.3 1 Cart I Cables I Tank, regulator, hose I Arm, 8' 1 Box full of tips and orifices I Simplex outlet 45 Linear feet of conduit and wiring to panel 366 1 Tool cart, Blue Point, 30" x 19" x 41", full of pneumatic 3,500 1,225 430 hand tools, wrenches, screw drivers, hammers,etc. 367 1 Chain hoist, electric, Dayton, 500 lb. capacity, chained to 1,240 435 150 roof beam 368 1 Steel table, heavy duty,48" x 30" x 34", with drawer and 850 300 105 under shelf 369 1 Pipe threading stand, w/power chuck, Vinceone Tool Co. 1,650 580 205 370 1 Tool box, Husky, 27" x 18" x 46", full of hand tools, (owned ---- ---- ---- by shop foremen), not appraised 371 1 Tool box, steel, heavy duty, 50" x 24" x 77", 6 door, full of ---- ---- ---- spare parts, hand tools,(owned by shop foremen), not appraised 32 BERNELL HYDRAULICS, INC. MOVABLE EQUIPMENT EFFECTIVE DATE OF VALUE- DECEMBER 10, 2018 Fair Market Forced Item Replacement Value in Liquidation No. Qty, Description Cost New Place Value 372 1 Swamp cooler, Dayton, portable, 27" x 27" x 38" 860 300 105 373 1 Bending brake, Chicago, model: 5-616, 6'capacity 6,600 2,310 810 374 1 Pipe threading and cutting machine, Ridgid, model: 535, on 6,990 2,445 855 cart,with foot pedal control 375 2 Adjustable height work stands, with: 12" roller x 20" to 33" 250 90 30 high 376 1 Welding work table, I" thick steel,48" x 120" x 32", heavy 2,750 960 335 duty 377 4 Adjustable height work stands, heavy duty, screw type, 24" 700 245 85 to 36" high 378 1 Plasma cutter, Hypertherm, model: Powermax 1250, G3 3,750 1,315 460 series, with stand and cables 379 1 MIG welder, Miller, model: Millermatic 252,with: 4,180 1,465 515 1 Cart, heavy duty I Cables I Welding hood I Simplex outlet 45 Linear feet of conduit and wiring to panel 380 1 Cart, steel, 24" x 48" x 36", with under shelf,with: 1,320 460 160 1 Lot of abrasive cutting wheels and wire wheels 381 1 Welding work table, I"thick steel,48" x 96" x 24", heavy 2,570 900 315 duty, with: I Vise, 6"jaws, heavy duty 382 1 Hand truck/dolly, folding, Milwaukee 300 105 35 383 1 H-frame hydraulic press, heavy duty, est. 200 ton, with: 63,700 22,295 7,805 1 Hydraulic power package, Rockwell Automation, est. 20 HP I Pressure gage, wall mounted 2 Steel set up blocks, heavy duty 33 BERNELL, HYDRAULICS, INC. MOVABLE EQUIPMENT EFFECTIVE DATE OF VALUE-DECEMBER 10, 2018 Fair Market Forced Item Replacement Value in Liquidation No. Qty, Description Cost New Place Value I Jib crane attached, w/8" deep I-beam x 4' long I Traveler and chain hoist I Junction box 45 Linear feet of conduit and wiring, I",to panel 2 Floor bolts 384 1 Ironworker, Mubea, model: HPSN350,with foot pedal, As Is 5,500 1,925 Muter and Bender 385 1 Large floor fan, Utilitech Pro, 32" diameter 260 90 30 386 1 Cut-off band saw, Rong Fu Industries, model: 10 1 8SRV, 4,260 1,490 530 stand mounted 387 3 Adjustable height work stands, with: 15" roller x 16"to 30" 450 160 55 high 388 1 Cutting torch, oxy-acetylene, with: cart, 2-tanks, hoses, 1,190 420 145 pressure regulators, torch 389 1 Small stock rack, steel, 3' x 4' x 14" 280 95 35 390 1 Hydraulic tubing bender, Baileigh, RMB, model: RDB-175 8,130 2,845 995 391 1 Cut-off saw, Pedraz7oli, Super Brown, model: 300 DV, on 4,180 1,465 515 heavy duty rolling stand, with vise 392 1 Heavy duty jack, Simplex, 20 ton capacity x 18" 1,770 620 215 393 1 Lifting beam, steel, 2" x 6" x 4' long 740 260 90 394 1 Lot of heavy duty welder's clamps, consisting of: 1,930 675 235 6 10" adjustable C-clarnp 4 16" adjustable C-clamp 2 24" adjustable C-clamp 14 Lockjaw plies type 395 1 Storage shelf unit, steel, 68" x 24" x 82", 6 shelf, with 500 175 60 plywood doors 34 BERNELL HYDRAULICS, INC. MOVABLE EQUIPMENT EFFECTIVE DATE OF VALUE- DECEMBER 10, 2018 Fair Market Forced Item Replacement Value in Liquidation No. Qty. Description Cost New Place Value 396 1 Storage shelf unit, steel,48" x 24" x 72", 5 shelf 390 135 45 397 1 Storage shelf unit, steel, 72" x 24" x 80", 6 shelf, with: 2,310 810 285 1 Lot of miscellaneous hand and power tools I Lot of spare parts 398 1 Furniture,tools and contents of"The Boss" office/tool crib, ---- ---- ---- (owned by the shop foreman),not appraised Storage Trailer 399 1 Lot of minor equipment in storage trailer,consisting of: 4,570 1,600 560 7 Shovels I Rake 4 Large pry bars I Portable air tank, 7 gallon I Chain come-along, heavy duty I Set of welder's cables I Post hole digger I Long chain 2 Air hoses, heavy duty 4 Sets of welder's gas hoses I Square I Face shield I Adze I Cable hoist 3 Extension poles, 6' 1 Floor fan, 16" 1 Magnetic floor sweeper, 38", Central Machinery 3 Welder's hoods I Set of welder's leathers I Refrigerated water cooler, Primo 2 Plastic saw horses I Work light I Bucket head vacuum 7 Heavy duty extension cords I Lot of spare sanding belts,various sizes I Safety harness 400 25 Linear feet of steel pegs, wall mounted in storage trailer 630 220 75 35 U8QNELL HYDRAULICS, INC. MOVABLE EQUIPMENT EFFECTIVE DATE 0F VALUE- DECENB6R >0, 20l8 Fair K4urkd Forced \tam Replacement Value in Liquidation No. Qty. DescriptionCost N Place Value 401 l Portable pipe threading machine, }{idgid, with tooling 4,480 1,570 550 402 l Storage rock, steel, 16" x 24" m 60", 6 tiered, w/wood 220 75 25 403 l Portable expand ing canopy, l0'xlO' x7' 280 100 35 404 l Air compressor, [)evvu|\, contractor type 330 115 40 405 12 Boxes of various power tools, with drills, bits and blades 6,000 2,100 735 406 ) Cut-off saw, |2" diameter, oil stand 350 120 40 407 \ Steel locker, 24"z 15" x 78", 4 door 330 115 40 408 l Disc/belt sander combo unit, Bu|dor, l/28P 1`700 595 210 489 l Work bench, 42" x24" x36", with: 2 rows ofdrawers, 470 165 60 Under shelf Outside in Yard 410 l Lot of minor equipment in yard, consisting ot 7,100 2,130 745 4 P|omdu safety cones, 48" 5 Plastic safety cones, 28" high 2 Plastic safety cone, 18" (o20" | Plastic drum, 55 mJinn on dolly | Steel drum, 30 gallon, mn dolly l Step |uddnr, 3 step 2 Jack stands, screw type, model: Y]-99 l Lifting sling, 2" x, |(Y 2 Steel saw horses h 55 gallon druoua, plastic 2 Dunnage racks, plastic l Aluminum ladder, 4', Werner l Air tank, 7gallon l Step ladder, fiberglass, 6' l Ladder, aluminum,4' 3 Bollards, not inuse ) Rose, 50' 36 BERNELL HYDRAULICS, INC. MOVABLE EQUIPMENT EFFECTIVE DATE OF VALUE- DECEMBER 10,2018 Fair Market Forced Itern Replacement Value in Liquidation No, Qty. Description Cost Now Place Value 5 Spill containment pallets 2 Wire cardboard baskets,42" x 84"x 42" 2 Cigarette butt disposal safety cans 2 Hand truck/dolly combo units I Hand truck I Palletjack I Steel work frame, 23" x 48" x 40" 1 Steel work frarne, 20" x 16" x 30" 1 Steel cart frame, 17" x 39" x 19" 1 Dumbbell weight, 50 lb. I Vise,with 5"jaws, on pedestal, w/small work surface I High back stool 411 1 Lot of minor equipment in service vehicles,consisting of: 14,570 4,370 1,530 4 Lots of hand tools in truck tool boxes I Dolly, folding type, heavy duty 4 Hard hats 4 Safety vests 2 Small plastic tool boxes with hand tools I Tool box, Irwin, with hand tools 412 1 Welding work table, I" thick steel, 49" x 70" x 28", heavy 1,980 595 210 duty, with: I Vise, 5"jaws 413 1 Bead blasting cabinet, Poly Rock, 36" x 24" x 64", w/hand 1,650 330 115 holes 414 2 Stock storage racks, steel, 72" x 30" x 72", 2 sided,with 10 1,300 390 135 arm sets 415 1 Steel welder's table, 20" x 30" x 36", with rotating top 500 150 55 416 1 Compressed air tank, steel, est. 300 gallon, not in use 1,360 340 120 417 1 I-Beann, 2 ton capacity, 18" deep x 14' 8",with trolly, 1,860 280 100 disassembled, not in use 37 BERNELL HYDRAULICS, INC. MOVABLE EQUIPMENT EFFECTIVE DATE OF VALUE- DECEMBER 10, 2018 Fair Market Forced Item Replacement Value in Liquidation No. Qty. Description Cost Now Place Value 418 13 IBC fluid containers, poly tank in steel cage, Yx 4'x 4', 4,380 1,315 460 Schutz 419 2 Pallets, steel,welded together, with jib arm, 68" x 60" x 80" 2,000 600 210 420 1 Lot of scrap roofing material, steel As Is 10 10 421 1 1-1-frame lifting bar, steel, 24" x 36" x 10", with 4-hooks 590 175 60 422 1 Lot of carts, consisting of: 2,440 735 255 1 Steel cart, heavy duty, 48" x 54" x 25" 1 Steel cart, heavy duty, 60" x 36" x 41 I Cart, steel, 16" x 36" x 37" 1 Cart, steel, 36" x 24" x 35", with under shelf I Cart, steel, 24" x 36" x 36" 423 2 Pallets of scrap steel angle, 2" x 2" x 57" 200 60 20 424 2 Packaged hydraulic power pack units, disassembled As Is 1,000 350 425 1 Forklift man basket, steel, 4'x 4'x 8', with upper deck 2,120 635 220 426 1 Forklift man basket, steel,4'x 64" x 5' 1,310 395 140 427 1 Electric motor on pallet, est. 30 HP, not in use 2,500 375 130 428 2 Ware house storage racks, consisting of: 470 140 50 1 Uprights, 44" x 8' 1 Uprights, 44" x 14' 429 1 Stock rack, disassembled, consisting of: 3-columns, 8' 6" 650 100 35 long x 4 arms, 2' long, not in use 430 1 Scrap steel bin,48" x 44" x 5 3" 550 140 50 431 1 Scrap steel bin,roll-off, 8' x 16'x 55" 3,600 900 315 432 1 Scrap cart, 37" x 75" x 32", repurposed oil cabinet 400 100 35 38 8ERNELLUYDDAUUCS, INC. MOVABLE EQUIPMENT EFFECTIVE DATE 0P VALUE-D8C0NBE& l0,2O|8 Fair Market Forced Item Replacement Value in Liquidation No. Qty, Description Cost New Place Value 433 | Heavy duty steel column, l]' long, scrap 940 140 50 434 | Lot of cast iron fencing panels, 4'x8'`not inuse 2`500 250 90 435 l Steel bookcase, ]6" x |2" x48", not inuse 300 30 lO 436 l Air compressor, Ingersoll Rand, model: ]0T, piston type, 4,600 ),6]0 565 with air tank, skid mounted, with: | Control box, 2-button | Disconnect switch, ]0anop. 75 Linear feet of conduit and wiring topanel 437 l Air compressor, Ingersoll Rand, model: 30?, piston type, 2,530 125 45 with air tank, skid mounted, (diacounoo\cd, not operational) 498 12 Pallets uf scrap material and parts(not usable) As Is 50 20 439 | Lot nffbHk|ift attachments, consisting of: 1,850 555 195 ! Boom lift arm, 4' long l Boom lift arm, 8' long | Trailer hitch 440 } Platform ladder, steel, 5 step 470 140 50 441 | Stock storage rack, mhee|` 14'z5'x8'`3 tier 750 225 88 442 l Cabinet for propane tanks, 3U" x30" x3O", not appraised -- -- ---- (leased, not owned), with: 4 Propane tanks for forklift 443 l Dumping hopper, steel, 57" x66" z56" ],3)0 390 135 On Slab at Canopy Building 444 ) Lot of minor equipment n1 canopy building,consisting of. 18`870 5,860 1'980 \ Oil drain pan, plastic, on 10 gallon reservoir tank | Large vise, Athol, oupedestal l Pedestal grinder, heavy duty, 2 HP,dual arbor 2 Steel wheel ramps, 4' long 16" high | Site tool box, Better Built, with various hand tools 39 BERNELL HYDRAULICS, INC. MOVABLE EQUIPMENT EFFECTIVE DATE OF VALUE- DECEMBER 10,2018 Fair Market Forced Item Replacement Value in Liquidation No. Qty, Description Cost New Place Value 2 Chain come-alongs I Air hose, 50' 3 Lifting slings 12 Chain with hook combos,various sizes 6 Steel saw horses, 5' long I Floor jack, Snap-On 1 55 gallon drum, plastic, oily waste I Drum hand truck, heavy duty I Floor jack, I ton I Adjustable screw stand,40"to 50" high 3 20 gallon drum, plastic and steel I Steel work stand, 3' high 4 Extension cords, 50' 1 Hose clamp rack, 4 sided I Arbor press, DKAL 2 Heavy duty vises, with 5"jaws, pedestal mounted I Oil containment pallet, steel, Tx 10',with grate 1 55 gallon steel drum, on dolly I Plastic containment pallet,40" x 40" 1 Pneumatic oil drum pump 3 Sledge hammers I Large pipe wrench 5 Large pry bars I Small battery charger, Lestronic, 36 volt 3 Drum spill containment pallets, Tx 4' 445 1 Lot of general plant equipment at canopy building, 6,060 1,815 635 consisting of: 2 Fire extinguishers, 7 lb. I I.,adder,aluminum and Fiberglass, 4' 1 Broom 2 Push brooms 2 Dust pans, long handled 6 Miscellaneous chairs I Microwave oven, Sharp I Radio, Milwaukee I Steel table, 43" x 40" x 35",w/wood top I Drum storage rack 3 Hand trucks 40 BERNELL HYDRAULICS, INC. MOVABLE EQUIPMENT EFFECTIVE DATE OF VALUE-DECEMBER 10, 2018 Fair Market Forced Item Replacement Value in Liquidation No. Qty. Description Cost New Place Value 1 30 gallon drum, steel I Gas can, 5 gallon I Step ladder, Husky, 8' 1 Extension ladder, Louisville, fiberglass, 16' 1 Fire extinguisher, 5 lb. I Refrigerator, 2 door I Plastic garbage can, 30 gallon 2 Shovels 1 55 gallon drum, steel 3 55 gallon drums, plastic 4 True](tires, used I Cigarette butt disposal safety can I File cabinet, 2 drawer, legal I Steel table, Yx 6' x 24" 1 Face safety shield 446 1 Lot of warehouse storage racks, consisting of: 16,960 5,090 1,780 18 Uprights, 44" x 14' 84 Beams, 10' long x 2 3/4" to 5 1/2" deep 42 Wood shelves, 10'x 42" 447 11 Bays of pallet storage racks of old hydraulic pumps, motors, As Is 2,000 700 reservoir, parts, (no longer useful, scrap only) 448 1 Lot of used equipment, disassembled, (no longer useful, As Is 1,500 525 scrap only), consisting of: I Degreaser cabinet,Grayrnills I Large H-frame press I Parts washer cabinet I Pedestal grinder, Baldor, model: 1414, dual arbor I Portable A/C unit, Pori-a-cool, stand mounted 449 1 Lot of storage cabinets, consisting of. 1,980 595 210 2 Shelf units, steel, 36" x 12" x T, 9 tier I Parts cabinet, steel, 36" x 24" x T, 5 shelf I Parts cabinet, steel,36" x 20" x 60", 5 shelf I Parts rack, steel, Tx 2'x 5', rolling I Shelf unit, steel, 4'x 2'x 6%4 tier 450 1 Platform ladder, Cotterman, 8 step 1,090 325 115 41 BE0NBL~ HYDRAULICS, INC, MOVABLE EQUIPMENT EFFECTIVE DATE 0F VALUE- D8CEMB8R \O` 2Ol8 Pair Market Forced Item Replacement \/u|uc in Liquidation No. Qty. DescriptionCost N Place Value 451 | Chain hoist, } ton, with: 2,230 670 235 2 Chains and come-u|ongs 452 2 Roller stands, ]2" x36" x22", Custom 2,000 600 210 453 l Stock rack, steel, l0' 6" x3V" x78", 5 tier, 3post 700 210 75 454 l Stock rack, steel, 72" s4D" x72"" 2sided 750 225 80 455 l Stock rack, steel, 6O" x24" x36",2sided 550 165 60 456 | Paint can shaker, electric, | gallon, stand mounted 810 245 85 457 | TrucNcmmponxntjuok, Gray, model: Hi-Rise, 2,200 |b. 6`940 2,080 730 458 l Cylinder rack#|, steel, custom made, consisting of. 17,560 5,270 1,845 | )-bomn, steel, \4" deep zl7'4" long ] Control valve for power pack for cylinder,test bmaea` hydraulic lines i 9ouh/ouU hydraulic cylinder, onslide carriage, adjustable | Puyh/ouUp|utc steel 2 Parts troughs, steel 6 Work platforms, ON 2 Chain style platforms l Chain vise platform l /\osuncd hardware, pins and dowels l Stand mounted | 0i| catch basin, steel 450 l Cylinder rack #2, steel, custom made, consisting of: 24,850 7,455 2,610 \ /-beum, steel, 2l" deep x27' long l Control valve for power pack for cylinder,test hoses, pressure gage, hydraulic lines l Push/pull hydraulic cylinder, oo slide carriage, ud\uu1ab|o l Push/pull plate, steel l Parts trough, steel ] Cbuh` style platform 42 BERNELL HYDRAULICS, INC. MOVABLE EQUIPMENT EFFECTIVE DATE OF VALUE - DECEMBER 10, 2018 Fair Market Forced Item Replacement Value in Liquidation No. Qty. Description Cost New Place Value I Chain vise platform I Vertical cylinder strap/chain 2 Other head attachment racks I Assorted hardware, pins and dowels I Stand mounted and 12-floor bolts I Vise, frarne mounted, heavy duty I Oil catch basin, steel 460 1 Cylinder rack#3, steel, Custom made, consisting of: 13,050 3,915 1,370 1 I-beam, steel, 16" deep x 26' long I Push/pull hydraulic cylinder, fixed I Control valve and hydraulic lines 2 Chain vise platforms I Assorted hardware I Stand mounted 461 1 Jib crane, Abel-Howe, swiveling I-bearn arm, 6" deep x 10' 4,330 1,515 530 long,with column: I Mounted on steel waste oil tank/table, 5'6" x 14'x 3', 1,700 gal, 6 Leveling legs I Trolly I Air pressure vessel and tool connects I Chain hoist, pneumatic, 1,100 lb. capacity 40 Linear feet of catch channel,on table edge 2 Air hose reels 2 Air hoses I Vise 462 3 Toolboxes, each with assorted hand tools, (property of ---- ---- ---- mechanics, not valued)consisting of: I Craftsirian I Kennedy I Enerrac I Steel cabinet, Yx 22" x 6' 1 Steel cabinet with various tool boxes I Rolling tool cabinet, 36" x 26" x 80" 463 1 Parts washer cabinet, Systern One 1,780 535 185 43 BERNELL HYDRAULICS, INC. MOVABLE EQUIPMENT EFFECTIVE DATE OF VALUE- DECEMBER 10, 2018 Fair Market Forced Item Replacement Value in Liquidation No. Qty. Description Cost New Place Value 464 1 Steel table,4' x 4'x 3', with vise with 4 1/2"jaws 1,300 390 135 465 3 Parts racks, steel, heavy duty,4 tier, consisting of- 1,370 410 145 2 44" x 9'x 7' 1 Yx 8' x 67" 466 1 Parts cart, steel, 48" x 24" x 42", 4 tier 480 145 50 467 1 Spare air compressor, 25 HP, piston type,w/130 gallon air 15,620 5,465 1,915 tank, (not connected, not in use) 468 1 Heavy duty engine lift, Parker, model: Hyd-lift 1,050 370 130 469 1 H-frame hydraulic press, 44" x 50" x 12' 21,440 7,505 2,625 470 1 Nut breaker stand, 2'x 11' 6", with chain platform, and: 25,080 8,780 3,075 1 Chain driven carriage I H-frame hydraulic clarnp/press I Hydraulic controls and hoses I Stand mounted I Wrench rack 10 Large wrenches, 4" to 7" 471 1 Parts rack, steel, rolling, 60" x 24" x 65", 5 tier 650 195 70 472 1 Cart with 2-hydraulic fluid filters, Parker, model: 48502, 7,000 2,100 735 with hoses 473 1 Hand truck with lift, Wesco, model: PL-S4-2222 1,190 355 125 474 1 Pressure washer, Karcher, model: HDS755 5,720 1,715 600 475 1 H-fi-ame hydraulic press, Carolina, model: CBP-1200, 50 5,500 1,650 580 ton capacity, with load gage 476 1 Stock rack, steel, 48" x 40" x 72", 8 tier,2 sided 550 165 60 44 8B0NELLBYDRAUOCS, INC. x30YAQLE EQUIPMENT EFFECTIVE DATE OF VALUE- UECGMBEkl0, 2Ol8 Fair Market Forced hem Replacement Value in Liquidation No. Qty. Description Cost New P|uuo Value 477 l Packaged hydraulic power pack unit, Racine, with: 7.5KP 7,590 2,655 930 Leeson motor, 2-fi|toru, hoses 45 Linear feet of conduit and wiring 1opanel 478 l Work table, steel, 34" x9'x 36'', with: 2,930 1,025 300 2 L/ndeohe|vcs 9 Linear feet of front rail, channel l Vise, with S"jovva 479 | Electric chain hoist, 2 ton, unpallet 2`640 925 325 480 l Honing table, automatic, 2O'z3' x3', (dimoeucmh|ed, not in As Is 1`000 350 use,with: ] Drumof honing/polishing wands, G }onA Test Room EQuipmen 481 ) Hydraulic pump and pressure test stand, SuuobundSauer, 91,520 41,185 14,415 diuno| powered, (see below foi-power unit),with: l Lot of adapter plates and pumpstand 482 | Hydrostatic pump, Sunmtrund Sauer, model: 23 Series, with 79`250 31,700 11,095 diesel motor, International, 175 BP, 7.3 liter, with: | Skid mounted | Fuel tank | Custom exhaust system | Hydraulic reservoir, stainless steel,2OUgallon | Sets of hydraulic hoses to test stand ) Electrical conduit and wiring Cn control panel 2 Starting batteries 483 | Battery charger, 20O/4O/6/2 &mp., y4}\PA 270 80 30 484 l Hydraulic pump and pressure test stand, portable, Kahn 6L 59,860 23,945 8,380 Company, model: }{C|033, o/n7, 5,O00PSI, |0 HP, mfg. ]957 for Navy, with: l Disconnect switch, 6Oamp. 40 Linear feet of conduit and wiring topanel 45 BERNELL HYDRAULICS, INC. MOVABLE EQUIPMENT EFFECTIVE DATE OF VALUE- DECEMBER 10, 2018 Fair Market Forced Item Replacement Value in Liquidation No. Qty. Description Cost New Place Value 485 1 Hydraulic pump and pressure test stand,white one, 25 HP, 45,000 18,000 6,300 with: I Lot of adapter plates and pump stand I Four prong simplex outlet 40 Linear feet of conduit and wiring to panel 486 40 Extra hydraulic test hoses, and: 9,300 3,255 1,140 1 Slanted steel rack/trough, 18" x 8' x 33", with drain 487 1 Wire rack of used hydraulic pump parts, 4'x 18"x 6', 36,200 10,860 3,800 6 shelf, est. 120 pieses 488 2 Wire racks, Tx 14" x 56", 7 shelf, with: 21,680 6,505 2,275 2 Lots Of used hydraulic fittings and couplers, on 14 tiers, est. 740 pieces 30 Plastic boxes, medium 25 Plastic boxes, small 489 2 Carts, steel, 4'x 24" x 43", 3 tier, with: 6,730 2,020 705 2 Lots of used hydraulic fittings, on 6 tiers 490 1 Telescoping gantry crane, portable, A-frarne, Pittsburg, 2,050 715 250 1 ton, 7' 8" span x 99" - 148",with: I Traveler I Chain hoist CM, 1/2 ton capacity 491 95 Pump to motor couplings, various sizes and configurations 23,750 8,315 2,910 492 2 Storage shelf units, steel, 4'x 2'x 8', heavy duty, 7 tier 2,000 600 210 493 1 Lot of test manifolds, on 7 tiers of shelves, est. 200 pieces 35,000 10,500 3,675 494 4 Flow meter assemblies, with: hose, pressure gauge and 4,000 1,600 560 control valve, liedland 495 1 Hydraulic fluid filter cart, Parker, model: CF2-1 7,000 2,450 860 496 1 Hydraulic fluid filter cart, Parker, model: RFP2 5,000 1,750 615 46 BERNELL HYDRAULICS, INC. MOVABLE EQUIPMENT EFFECTIVE DATE OF VALUE- DECEMBER 10,2018 Fair Market Forced Itern Replacement Value in Liquidation No. Qty� Description Cost New Place Value 497 1 Lot of minor equipment at test roorn, consisting of. 3,010 1,055 370 3 Hard hats 2 Small trickle chargers, Centech, 12 volt I Mop, bucket, and wringer I Rolling garbage can, 55 gallon 2 Oily waste storage cans, Just Rite, 12 gallon I Cart, 2'x 3' x 34", 2 tier I Drum hand truck I Air hose, 50' 3 Drills, 18 volt, Makita 2 Pneumatic air wrenches I Table vise, with 4 1/2"jaws, Starrette 4 C-clamps,20" 3 Pipe wrenches, large 498 1 Workbench, steel, 69" x 33" x 34", heavy duty, with: 720 215 75 499 1 Toolbox, Workforce, with various hand tools and wrenches 500 150 55 500 1 Toolbox, Snap-On, with hand tools, (belongs to mechanic), ---- ---- not appraised Store Room in Main BuildinE 501 1 Lot of minor equipment at main building, consisting of: 1,640 490 170 1 Palletjack, Bushamon I Step ladder, Fiberglass, 7' 1 Truck too] box, Channel Lock,4'x 2' x 28" 1 Face safety shield I Fire extinguisher. 7 lb. I Patio umbrella I Plastic tote I Shop vacuum, 10 gallons 502 1 Lot of ware house storage racks, consisting of- 4,030 1,210 425 2 Uprights, 42" x 10' 3 Uprights, 42" x 12', heavy duty, galvanized 2 Uprights, 48" x 14', heavy duty 10 Beams, 8' long x 3 3/4" deep 47 BERNELL HYDRAULICS, INC. MOVABLE EQUIPMENT EFFECTIVE DATE OF VALUE- DECEMBER 10, 2018 Fair Market Forced Item Replacement Value in Liquidation No. Qty. Description Cost New Place Value 24 Beams, 8' long x 5" deep 12 Wood shelves, 8'x 39" 5 Wood shelves, 8' x 45" 503 1 Merchandising rack, steel, 16" x 24" x 51", 3 tier, not in use 100 65 25 504 1 Krimping machine, Parker, model: JJ341TS23, on pallet, not 15,000 5,250 1,835 in use I Power package, Parker, model: Parflange base unit 505 1 Parflange too] coding machine, Parker, model: 1025-110, on 3,150 1,100 385 pallet, not in use 506 1 Pedestal grinder, 3/4 HP, dual arbor, Ball Bearing Grinder, 1,540 465 165 part no. 2540 507 1 Parflange tool coding machine, Parker, model: 1025-110, As Is 3,600 1,260 with: I Parts cabinet, rolling, Parker, 3' x 2'x 37" 508 1 Steel cabinet, 3' x 18" x 6', for paint calls 330 100 35 509 1 Pressure washer, Troy Built, Read Start, gas, 175 cc, 2700 350 105 35 psi, 2.3 max gprn, 7.75 ft.-lbs. torque TOTAL MOVABLE EQUIPMENT $1,916,325* 867,335 $292,640 does not include assets valued "As Is") 48 EXHIBIT D FORM OF GRANT DEED GRANT DEED RECORDING REQUESTED BY Commonwealth Land Title Insurance Company AND WHEN RECORDED RETURN TO: City of Rancho Cucamonga Attn: CityClerk 10500 Civic Center Drive Rancho Cucamonga, California 91730 APN: 0229-131-07 [SPACE ABOVE FOR RECORDER'S USE ONLY] GRANT DEED THE UNDERSIGNED GRANTOR DECLARES AS FOLLOWS: The undersigned declares that this Grant Deed is exempt from Recording Fees pursuant to California Government Code Section 27383 and exempt from Documentary Transfer Tax pursuant to California Revenue and Taxation Code Section H 922. FOR VALUABLE CONSIDERATION, receipt of which is hereby acknowledged JONES FAMILY TRUST OF 2010, AS TO AN UNDIVIDED 2/3 INTEREST AND ROBERT BRUCE STANFORD,JR.,AND WILLIAM R.RUSHING, AS SUCCESSOR TRUSTEE OF THE STRACK FAMILY TRUST, DATED MARCH 13, 2014, AS TO THE REMAINDER (collectively referred to herein as "Grantor") hereby grants to THE CITY OF RANCHO CUCAMONGA, ("Grantee"), the fee simple interest in certain real property located in the City of Rancho Cucamonga, County of San Bernardino, State of California, more particularly described on Fxh*bit A and depicted on Exhibit B attached hereto and incorporated herein by reference. SUBJECT TO: 1. General and special real property taxes and assessments and supplemental assessments for the current fiscal year; 2. All liens, encumbrances, easements, covenants, conditions and restrictions of record; and 3. All matters which would be revealed or disclosed in an accurate survey of the property. IN WITNESS WHEREOF, Grantor has executed this Grant Deed as of the date set forth below. Dated: 2020 "Seller" THE JONES FAMILY TRUST OF 2010 By: William A. Jones, Trustee ROBERT BRUCE STANFORD, JR., Robert Bruce Stanford, Jr. WILLIAM R. RUSHING, TRUSTEE THE STRACK FAMILY TRUST, DATED MARCH 13, 2014 William R. Rushing, Trustee 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 California County of On 2020, before me, Notary Public, personally appeared, , who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she they executed the same in his/her/their authorized capacky(ies), and that by his/her/their 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. WITNESS my hand and official seal. S ignature (Seal) STATE OF CALIFORNIA ) ss. COUNTY OF SAN BERNARDINO ) On , before me, a notary public, personally appeared who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their 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. WITNESS my hand and official seal. Notary Public SEAL: CERTIFICATE OF ACCEPTANCE This is to certify that the Grant Deed dated 2020, from JONES FAMILY TRUST OF 2010, AS TO AN UNDIVIDED 2/3 INTEREST AND ROBERT BRUCE STANFORD, JR., AND WILLIAM R. RUSHING,AS SUCCESSOR TRUSTEE OF THE STRACK FAMILY TRUST, DATED MARCH 13, 2014, AS TO THE REMAINDER to the CITY OF RANCHO CUCAMONGA, a municipal corporation, is hereby accepted by the undersigned agent on behalf ofthe CITY OF RANCHO CUCAMONGA, a municipal corporation, pursuant to authority conferred by Resolution of the City Council and Grantee hereby consents to recordation thereof by its duly authorized agent. Dated this day of , 2020. GRANTEE: CITY OF RANCHO CUCAMONGA, A MUNICIPAL CORPORATION By: John Gillison, City Manager STATE OF CALIFORNIA ) ss. COUNTY OF SAN BERNARDINO ) On , before me, a notary public, personally appeared who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their 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. WITNESS my hand and official seal. Notary Public SEAL: Exhibit A to Grant Deed LEGAL DESCRIPTION OF FEE SIMPLE INTEREST ALL THAT CERTAIN REAL PROPERTY SITUATED IN THE COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, DESCRIBED AS FOLLOWS: THAT PORTION OF BLOCK 7, ACCORDING TO MAP SHOWING SUBDIVISION OF WEST ETIWANDA LAND AND TOWN COMPANY, BEING A PART OF SECTION 8, TOWNSHIP 1 SOUTH, RANGE 6 WEST, SAN BERNARDINO BASE AND MERIDIAN, AS PER PLAT RECORDED JUKE 19, 1901 IN BOOK 15, PAGE 12 OF MAPS, RECORDS OF SAID COUNTY, DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHWEST CORNER OF SAID BLOCK 7; THENCE NORTH ALONG THE WESTERLY LINE THEREOF, 135 FEET; THENCE EASTERLY TO A POINT IN THE EASTERLY LINE OF SAID BLOCK 7, 122 FEET NORTH OF THE SOUTHEAST CORNER THEREOF; THENCE SOUTH, ALONG SAID EASTERLY LINE, 122 FEET, TO SAID SOUTHEAST CORNER; THENCE WESTERLY ALONG THE SOUTHERLY LINE THEREOF TO THE POINT OF BEGINNING. THE EASTERLY %2 OF BRUCE AVENUE, LYING WEST OF AND ADJOINING THE PREMISES ABOVE DESCRIBED, VACATED AND ABANDONED BY ORDER OF THE BOARD OF SUPERVISORS OF SAN BERNARDINO COUNTY, A COPY OF WHICH ORDER WAS RECORDED SEPTEMBER 27, 1934, IN BOOK 1001, PAGE 30 OF OFFICIAL RECORDS. TOGETHER WITH THAT PORTION OF THE WEST ONE-HALF OF ETIWANDA AVENUE WHICH WOULD PASS BY OPERATION OF LAW UPON CONVEYANCE OF SAID LAND. APN: 0229-131-07 EXHIBIT E DESCRIPTION OF ENVIRONMENTAL MATTERS (To be provided by Seller) 1 11231-0247\2428923v2.doc EXHIBIT F CERTAIN DEFINITIONS Environmental Laws means all federal, state, local, or municipal laws, rules, orders, regulations, statutes, ordinances, codes, decrees, or requirements of any government authority regulating, relating to, or imposing liability or standards of conduct concerning any Hazardous Substance (as later defined), or pertaining to occupational health or industrial hygiene (and only to the extent that the occupational health or industrial hygiene laws, ordinances, or regulations relate to Hazardous Substances on, under, or about the Property), occupational or environmental conditions on, under, or about the Property, as now or may at any later time be in effect, including without limitation, the Comprehensive Environmental Response, Compensation and Liability Act of 1980 (CERCLA) [42 USCS §§ 9601 et seq.]; the Resource Conservation and Recovery Act of 1976 (RCRA) [42 USCS §§ 6901 et seq.]; the Clean Water Act, also known as the Federal Water Pollution Control Act (FWPCA) [33 USCS §§ 1251 et seq.]; the Toxic Substances Control Act (TSCA) [15 USCS §§ 2601 et seq.]; the Hazardous Materials Transportation Act (HMTA) [49 USCS §§ 1801 et seq.]; the Insecticide, Fungicide, Rodenticide Act [7 USCS §§ 136 et seq.]; the Superfund Amendments and Reauthorization Act [42 USCS §§ 6901 et seq.]; the Clean Air Act [42 USCS §§ 7401 et seq.]; the Safe Drinking Water Act [42 USCS §§ 300f et seq.]; the Solid Waste Disposal Act [42 USCS §§ 6901 et seq.]; the Surface Mining Control and Reclamation Act [30 USCS §§ 1201 et seq.]; the Emergency Planning and Community Right to Know Act [42 USCS §§ 11001 et seq.];the Occupational Safety and Health Act [29 USCS §§ 655 and 657]; the California Underground Storage of Hazardous Substances Act [H & S C §§ 25280 et seq.]; the California Hazardous Substances Account Act [H & S C §§ 25300 et seq.]; the California Hazardous Waste Control Act [H & S C §§ 25100 et seq.]; the California Safe Drinking Water and Toxic Enforcement Act [H & S C §§ 24249.5 et seq.]; the Porter-Cologne Water Quality Act [Wat C §§ 13000 et seq.] together with any amendments of or regulations promulgated under the statutes cited above and any other federal, state, or local law, statute, ordinance, or regulation now in effect or later enacted that pertains to occupational health or industrial hygiene, and only to the extent that the occupational health or industrial hygiene laws, ordinances, or regulations relate to Hazardous Substances on, under, or about the Property, or the regulation or protection of the environment, including ambient air, soil, soil vapor, groundwater, surface water, or land use. Hazardous Substances includes without limitation: (a) Those substances included within the definitions of hazardous substance, hazardous waste, hazardous material, toxic substance, solid waste, or pollutant or contaminant in CERCLA, RCRA, TSCA, HMTA, or under any other Environmental Law; (b) Those substances listed in the United States Department of Transportation (DOT) Table [49 CFR 172.101], or by the Environmental Protection Agency (EPA), or any successor agency, as hazardous substances [40 CFR Part 302]; (c) Other substances, materials, and wastes that are or become regulated or classified as hazardous or toxic under federal, state, or local laws or regulations; and I I 1 23 1-024 7\2428923v2.doc (d) Any material, waste, or substance that is (i) a petroleum or refined petroleum product, (ii) asbestos, (iii) polychlorinated biphenyl, (iv) designated as a hazardous substance pursuant to 33 USCS § 1321 or listed pursuant to 33 USCS § 1317, (v) a flammable explosive, or (vi) a radioactive material. 2 1 1231-0247\2428923v2.doc EXHIBIT G FORM OF RIGHT OF ENTRY AND ACCESS AGREEMENT RIGHT OF ENTRY AND ACCESS AGREEMENT THIS RIGHT OF ENTRY AND ACCESS AGREEMENT (herein called this "Agreement") is made and entered into as of , 2020 (the "Effective Date"), by JONES FAMILY TRUST OF 2010, AS TO AN UNDIVIDED 2/3 INTEREST AND ROBERT BRUCE STANFORD, JR., AND WILLIAM R. RUSHING, AS SUCCESSOR TRUSTEE OF THE STRACK FAMILY TRUST, DATED MARCH 13, 201.4, AS TO THE REMAINDER (herein called "Grantor"), BERNELL HYDRAULICS, INC. ("Bernell") and the CITY OF RANCHO CUCAMONGA, a municipal corporation (herein called "Grantee"). WITNESSETH: WHEREAS, Grantor is the owner of the fee simple interest in the real property located at 881.0 Etiwanda Avenue, in the City of Rancho Cucamonga, and Bernell is the business operating on said real property, over which Grantee seeks to acquire the fee simple interest in the real property, more particularly described onExhilbit A, attached hereto and incorporated herein by reference (herein called the "Property"); WHEREAS, Grantor, Bernell and Grantee contemplate entering into a Purchase and Sale Agreement and.Escrow Instructions related to the Property(the "Purchase Agreement"); WHEREAS, Grantee has requested the right of entry upon and access to the Property for the purpose of undertaking tests, inspections and other due diligence activities (herein called the "Due Diligence Activities") in connection with the proposed acquisition by Grantee of the Property under the Purchase Agreement; WHEREAS, Grantor and Bernell have agreed to grant to Grantee, and Grantee has agreed to accept from Grantor and Bernell, a non-exclusive, revocable license to enter upon the Property to perform the Due Diligence Activities in accordance with the terms and provisions of this Agreement; WHEREAS, Grantor, Bernell and Grantee desire to execute and enter into this Agreement for the purpose of setting forth their agreement with respect to the Due Diligence Activities and Grantee's entry upon the Property. NOW, THEREFORE, for and in consideration of the foregoing premises, the mutual covenants and agreements contained herein, and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, Grantor, Bernell and Grantee do hereby covenant and agree as follows: 1. Access by Grantee. l (a) Subject to Grantee's compliance with the terms and provisions of this Agreement, until the earlier to occur of(i) the Close of Escrow, (may be inconsistent with the 45 days in the agreement) or (ii) the earlier termination of this Agreement, Grantee and Grantee's agents, employees, contractors, representatives and other designees (herein collectively called "Grantee's Designees") shall have the right to enter upon the Property for the purpose of conducting the Due Diligence Activities. (b) Grantee expressly agrees as follows: (i) any activities by or on behalf of Grantee, including, without limitation, the entry by Grantee or Grantee's Designees onto the Property in connection with the Due Diligence Activities shall not damage the Property in any manner whatsoever or disturb or interfere with the rights or possession of any tenant on the Property, (ii) in the event the Property is altered or disturbed in any manner in connection with the Due Diligence Activities, Grantee shall immediately return the Property to the condition existing prior to the Due Diligence Activities, and (iii) Grantee, to the maximum extent allowed by law, shall indemnify, defend and hold Grantor and Bernell harmless from and against any and all claims, liabilities, damages, losses, costs and expenses of any kind or nature whatsoever(including, without limitation, attorneys' fees and expenses and court costs) suffered, incurred or sustained by Grantor or Bernell as a result of, by reason of, or in connection with the Due Diligence Activities or the entry by Grantee or Grantee's Designees onto the Property.Notwithstanding any provision of this Agreement to the contrary, Grantee shall not have the right to undertake any invasive activities or tests upon the Property, or any environmental testing on the Property beyond the scope of a standard "Phase F investigation, without the prior written approval of Grantor and Bernell of a workplan for such "Phase 11" or invasive testing, which may be granted, denied or conditioned in Grantor's and/or Bernell's sole and absolute discretion. If Grantor and Bernell do not respond or reject any workplan within five (5) business days of Grantee's delivery of the written workplan proposal to Grantor and Bernell pursuant to the notice provisions of this Agreement, then Grantor and Bernell shall be deemed to have approved the submitted workplan and Grantee may proceed with such testing. If Grantor and Bernell reject such proposed workplan in whole or in part, then this Agreement shall become null and void at the sole option of Grantee. If Grantee terminates this Agreement under the foregoing provision, then neither party shall have any further rights, duties and obligations. 2. Lien Waivers. Upon receipt of a written request from Grantor and Bernell, Grantee will provide Grantor and Bernell with lien waivers following completion of the Due Diligence Activities from each and every contractor, materialman, engineer, architect and surveyor who might have lien rights, in form and substance reasonably satisfactory to Grantor, Bernell and its counsel. To the extent permitted by applicable law, Grantee hereby indemnifies Grantor and Bernell from and against any claims or demands for payment, or any liens or lien claims made against Grantor, Bernell or the Property as a result of the Due Diligence Activities. 3. Insurance. Prior to entry onto the Property, Grantee shall, and shall cause all of Grantee's Designees performing the Due Diligence Activities to, procure or maintain a policy of commercial general liability insurance issued by an insurer reasonably satisfactory to Grantor and Bernell covering each of the Due Diligence Activities with a single limit of liability (per occurrence and aggregate) of not less than $1,000,000.00, and to deliver to Grantor and Bernell a certificate of insurance and copy of additional insured endorsement naming Grantor and Bernell as named additional insureds, evidencing that such insurance is in force and effect, and evidencing 2 that Grantor and Bernell have been named as additional insureds thereunder with respect to the Due Diligence Activities. Such insurance shall be maintained in force throughout the term of this Agreement. 4. Successors. To the extent any rights or obligations under this Agreement remain in effect,this Agreement shall be binding upon and enforceable against, and shall inure to the benefit of, the parties hereto and their respective heirs, legal representatives, successors and permitted assigns. 5. Limitations. Grantor and Bernell do not hereby convey to Grantee any right,title or interest in or to the Property, but merely grants the specific rights and privileges hereinabove set forth. 6. Notices. All notices and demands shall be given by email, with a written copy sent by First Class mail. Notices shall be considered given upon the earlier of(a) delivery by email, or (b) two (2) business days following deposit in the United States mail, postage prepaid, First Class mail. A copy of all notices shall be sent to Escrow Holder. Notices shall be addressed as provided below for the respective party; provided that if any party gives notice in writing of a change of name or address, notices to such party shall thereafter be given as demanded in that notice: Buyer: City of Rancho Cucamonga Engineering Department 10500 Civic Center Drive Rancho Cucamonga, California 91730 Attn: Jason Welday Phone: (909) 477-2700 Email: Jason.Welday@cityofrc.us Copy to: Richards, Watson& Gershon 350 South Grand Avenue, 37th Floor Los Angeles, California 90071 Attn.: Regina N. Danner, Esq. Phone: (213) 626-8484 Fax: (213) 626-0078 Email: rdannergrwgiaw.com Seller: Jones Family Trust of 2010 Robert Bruce Stanford, Jr. William R. Rushing, Successor Trustee Bernell Hydraulics, Inc. Email: wilson59a1ggmail.com ironbillrggmail.com stanfo rd744gearthl ink.net 3 With a Copy To: Paige Gosney Gresham, Savage,Nolan&Tilden, PC 550 E. Hospitality Lane, Suite 300 San Bernardino, California 92408-4205 Phone: (909) 723-1788 Email: paige.gosney@greshamsavage.com Kevin Abbott Lobb&Plewe 4160 Ternescal Canyon Road, Suite 202 Corona, California 92883 Phone: (951) 788-9410 Email: kabbottglobbplewe.com Escrow Holder: Commonwealth Land Title Company 888 South Figueroa Street, Suite 2100 Los Angeles, California 90017 Attention: Crystal Leyvas, VP National Accounts Escrow Officer Telephone: (213) 330-3059 Email: cleyvasgcltic.com 7. Assignment. This Agreement may not be assigned by Grantee. 8. Governing Law. This Agreement shall be construed, enforced and interpreted in accordance with the laws of the State of California. 9. Termination. This Agreement can be terminated by Grantor or Bernell at any time and for any reason, or no reason, upon written notice from Grantor or Bernell to Grantee. 10. Counterparts. This Agreement may be executed in several counterparts, each of which shall be deemed an original, and all of such counterparts together shall constitute one and the same instrument. 11. No Recording of Agreement or Memorandum of Agreement. In no event shall this Agreement or any memorandum hereof be recorded in the Official Records of San Bernardino County, California, and any such recordation or attempted recordation shall constitute a breach of this Agreement by the party responsible for such recordation or attempted recordation. IN WITNESS WHEREOF, Grantor, Bernell and Grantee have caused this Agreement to be executed and sealed, on the day and year first written above. 4 GRANTOR: THE JONES FAMILY TRUST OF 2010 By: William A. Jones, Trustee ROBERT BRUCE STANFORD, JR. Robert Bruce Stanford, Jr. WILLIAM R. RUSHING, TRUSTEE THE STRACK FAMILY TRUST, DATED MARCH 13, 2014 William R. Rushing, Trustee BERNELL HYDRAULICS, INC. By: Name; Title:- 5 GRANTEE: CITY OF RANCHO CUCAMONGA, a municipal corporation By: Name: John Gillison Title: City Manager Attest: Janice C. Reynolds, City Clerk 6 EXHIBIT A LEGAL DESCRIPTION OF FEE SI_MPLE INTEREST ALL THAT CERTAIN REAL PROPERTY SITUATED IN THE COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, DESCRIBED AS FOLLOWS: THAT PORTION OF BLOCK 7, ACCORDING TO MAP SHOWING SUBDIVISION OF WEST ETIWANDA LAND AND TOWN COMPANY, BEING A PART OF SECTION 8, TOWNSHIP 1 SOUTH, RANGE 6 WEST, SAN BERNARDINO BASE AND MERIDIAN, AS PER PLAT RECORDED JUNE 19, 1901 IN BOOK 15, PAGE 12 OF MAPS, RECORDS OF SAID COUNTY, DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHWEST CORNER OF SAID BLOCK 7; THENCE NORTH ALONG THE WESTERLY LINE THEREOF, 135 FEET; THENCE EASTERLY TO A POINT IN THE EASTERLY LINE OF SAID BLOCK 7, 122 FEET NORTH OF THE SOUTHEAST CORNER THEREOF; THENCE SOUTH, ALONG SAID EASTERLY LINE, 122 FEET, TO SAID SOUTHEAST CORNER; THENCE WESTERLY ALONG THE SOUTHERLY LINE THEREOF TO THE POINT OF BEGINNING. THE EASTERLY '/z OF BRUCE AVENUE, LYING WEST OF AND ADJOINING THE PREMISES ABOVE DESCRIBED, VACATED AND ABANDONED BY ORDER OF THE BOARD OF SUPERVISORS OF SAN BERNARDINO COUNTY, A COPY OF WHICH ORDER WAS RECORDED SEPTEMBER 27, 1934, IN BOOK 1001, PAGE 30 OF OFFICIAL RECORDS. TOGETHER WITH THAT PORTION OF THE WEST ONE-HALF OF ETIWANDA AVENUE WHICH WOULD PASS BY OPERATION OF LAW UPON CONVEYANCE OF SAID LAND. APN: 0229-131-07 7 Mayor,L.Dennis Michael ( Mayor Pro Tem Lynne B. Kc"inedy Council Members Ryan A.Hutchis,n,Kristine D,Scott,Sam Spagn,]", City Manager Jahn R.Gillis,r) 1111 ig, ng 111 I'l, Ii,11,, 1 1,0500 Civic Center Drive I Ran:hr)Cucuinco9ci,CA 9 1730 909,477.2700 1 www.CityrJRC.us EXHIBIT H PROPOSED ACQUISITION LETTER , 2020 Jones Family Trust of 2010 Robert Bruce Stanford, Jr. William R. Rushing, Trustee 10259 Wilson Avenue Alta Loma, CA 91737 SUBJECT: Purchase of the Fee Simple Interest in the Real Property Located at 8810 Etiwanda Avenue in Rancho Cucamonga,California Dear Property Owners: As you know, the City of Rancho Cucamonga, a municipal corporation ("City") intends to acquire the fee simple interest in the property referenced above from you through a negotiated purchase and PURSUANT to that certain Purchase and Sale Agreement dated as of , 2020 by and between the City and Jones Family Trust of 2010, Robert Bruce Stanford, Jr., and William R. Rushing, Trustee (the "Agreement"). The City intends to acquire the property for the purpose of grade separation purposes and all uses necessary and convenient thereto pursuant to California Constitution, Article 1, Section 19, California Government Code Sections 37350,37350.5,37351, 37361, 40401 and 40404, California Code of Civil Procedure Section 1230.010, et seq. (Eminent Domain Law), including, but not limited to Sections 1240.010, 1240.020, 1240.110, 1240.120,1240.510, 1240.610, 1240.650, 1245.650, Public Utilities Code Section 132410, and other provisions of law. California law requires a public entity to make all reasonable efforts to acquire expeditiously, by negotiated purchase,real property that is needed for a public project. If the public entity is unable to acquire the property through negotiated purchase, it can acquire the property by such public entity's right of eminent domain. The purpose of this letter is to confirm that the City had made you aware that had the City been unable to acquire the property through negotiated purchase, staff would have recommended to the City Council that the City adopt a resolution of necessity and commence proceedings to acquire the property by the City's right of eminent domain, and that the Agreement contains the terms and conditions for the purchase and sale of the property in lieu of the City's efforts at acquisition through eminent domain. Sincerely, CITY OF RANCHO CUCAMONGA, A MUNICIPAL CORPORATION By: John R. Gillison, City Manager Exhibit I LEASE THIS LEASE (this "Lease") is dated as of 2020, and is entered into by and between the CITY OF RANCHO CUCAMONGA, a California municipal corporation (the "Landlord"), and BERNELL HYDRAULICS, INC. (the "Tenant"). RECITALS A. Landlord is the owner of that certain real property improved with a building located at 8810 Etiwanda Avenue in the City of Rancho Cucamonga, California ("Building"). B. Landlord desires to lease to Tenant, and Tenant desires to lease from Landlord, the land and the Building described on Exhibit "A" (the "Leased Premises"). C. Tenant has operated its business from the Leased Premises for approximately years. Landlord recently purchased the Leased Premises in connection with the construction and maintenance of the Etiwanda Grade Separation Project ("Project'). Landlord and Tenant have agreed that Tenant can continue to operate its business on the Leased Premises for the approximate twenty (20) month period until construction on the Project will commence. NOW, THEREFORE, in consideration of the foregoing recitals, and for other consideration, the sufficiency of which is hereby acknowledged, Landlord and Tenant hereby agree as follows: AGREEMENT SECTION 1. Lease of Premises. Landlord leases to Tenant and Tenant leases from Landlord the Leased Premises for the Term and upon the covenants, agreements, and conditions hereinafter set forth. Tenant shall also have reasonable rights to access the Leased Premises at all times. SECTION 2. Term. The term of this Lease shall commence on October 2020 and shall continue until the earlier of June 30, 2022 or the date on which the construction of Tenants relocation site located at 8821 Etiwanda Avenue is completed. SECTION 3. Rent. Part of the consideration by Landlord to Tenant for this Lease is described in Recital C. Tenant shall also pay to Landlord, in advance, on the first business day of each calendar month, the sum of$100.00. Rent will be payable without notice or demand and without any deduction, offset, or abatement in lawful money of the United States to the Landlord at the address stated herein for notices or to such other persons or such other places as the Landlord may designate to Tenant in writing. SECTION 4. Permitted Uses. The Leased Premises may continue to be used for the business operated by Tenant, which deals with hydraulic equipment and parts. SECTION 5. Maintenance• Utilities. Tenant shall maintain the exterior, structural portions, roof, plate glass and windows of the Building, and the electrical, alarm, utility and plumbing systems of the Building. I 1231-0247\2442009v3.doe Maintenance and repair of the Leased Premises shall solely be the responsibility of the Tenant. In the event the Leased Premises are deemed unsafe, Tenant shall be responsible for any and all repairs required, should Tenant decided to remain operating on the Leased Premises. Tenant will obtain, maintain and pay for all utilities (including electricity and trash) serving the Building or Leased Premises. SECTION 6. Taxes. Personal Property Taxes - Tenant will pay prior to the delinquency all taxes assessed against and levied upon the trade fixtures, furnishings, equipment and other personal property of Tenant contained in or on the Leased Premises. SECTION 7. Alterations and Additions. Tenant will not, without the Landlords prior written consent, make any alterations, improvements, or additions in or about the Leased Premises. SECTION 8. Condition of Premises. During the term of the Lease, Tenant will maintain the premises free of trash and litter at all times. Upon termination of this Lease, Tenant will be responsible for vacating the Leased Premises on or before the last day and to return the Leased Premises to an "as leased" condition. Cleanup and maintenance of yards and buildings, and repair of any damages caused by Tenant to buildings, fences, gates, utilities, or any other personal or real property will be at the expense of Tenant, Such activity will be completed within ten (10) days after lease termination. Failure to complete cleanup or repairs within ten (10) days will allow Landlord to complete work with all expenses borne by the Tenant. SECTION 9. Gate. Tenant will provide their own gate lock and maintain in such a fashion as to secure the Leased Premises, while allowing Landlord access. SECTION 10. Indemnity and Insurance. (a) Tenant shall defend, indemnify and hold Landlord harmless from and against any and all claims, liabilities, losses, damages, costs and expenses arising from or relating to the use of the Leased Premises by Tenant. (b) Tenant shall carry workers compensation insurance required by law, and reasonable liability insurance against claims and liability for personal injury, death or property damage in the amount of at least One Million Dollars ($1,000,000) per occurrence and Two Million Dollars ($2,000,000) aggregate for bodily injury or death, and at least Five Hundred Thousand Dollars ($500,000) for property damage. All insurance required hereby shall only be carried by responsible insurance companies licensed to do business in the State of California with a current A.M. Best rating of no less than A:VIL All such policies shall contain language to the effect that: (a)they are primary and noncontributing with any insurance that may be carried by Landlord; and (b) the Landlord is an additional insured. SECTION 11. Notices. All notices by either party to the other shall be in writing and shall be given by reputable overnight messenger (such as federal express) or certified mail, return receipt requested, postage prepaid, addressed as follows: -2- 1 1231-0247\2442009v3.doe If to Landlord: City of Rancho Cucamonga 10500 Civic Center Drive Rancho Cucamonga, CA 91730 Attn: City Manager If to Tenant: Bernell Hydraulics, Inc. 8810 Etiwanda Avenue Rancho Cucamonga, CA 91730 Attn: Or to such other addresses as each respective party may from time to time designate by written notice delivered in accordance with this Section. SECTION 12. Counterparts. This Lease may be executed in any number of counterparts, each of which shall be deemed to be an original, but all together shall constitute but one and the same lease. SECTION 13. Binding Effect. This Agreement shall be binding upon and inure to the benefit of Landlord and Tenant and their respective successors, assigns and successors in interest. SECTION 14. City Manager Authority. The City Manager shall have the authority to give all consents and approvals on behalf of the Tenant hereunder, and to enter into extensions and non-substantial amendments of the Lease on behalf of the Tenant,provided they are in writing. SECTION 15. Default. In the event Tenant fails to observe or perform any of the covenants, conditions or provisions of this Lease where such failure continues for a period of thirty (30) days after written notice thereof from Landlord to Tenant (or if cure requires more than such period, then if Tenant fails to commence the cure within such period or fails to reasonably prosecute the cure to completion), then, in addition to any other rights and remedies available at law, in equity or otherwise, Landlord may terminate this Lease by written notice to Tenant. IN WITNESS WHEREOF, the parties have caused this Lease to be executed as of the date first written above. LANDLORD: TENANT: CITY OF RANCHO CUCAMONGA BERNELL HYDRAULICS, INC. By: By: Print Name: Name: John Gillison, City Manager Title: Attest: -3- 1 1231-0247\2442009v3.doe Exhibit A Improvement Description The subject property is improved with a single-tenant industrial complex consisting of a main building, a machine shop building, and two other structures of mixed construction. 1,776 square feet of office space,or 13.9 percent of the gross building area. The site contains an area of 32,769 square feet, or 0.75 acres of land, which equates to a building coverage ratio of 38.88 percent. Main Buildins! The total gross building area of the main building and machine shop building contains 12,740 square feet with The main industrial building consists of a 9,880 square foot, fair-to-average quality, mixed construction of Class "C" concrete block and Class "S" metal. Approximately 2,000 square feet, in the eastern portion of the building,is concrete block construction with the remainder of metal construction. This building is irregular in shape, and has a partial second floor in the metal portion of the building that is improved with 1,776 square feet of office and an open mezzanine storage loft and metal stairwell. The structure has a concrete slab foundation and a slant roof with concrete tile cover over the concrete block portion of the building and gable-style metal roof over the metal portion of the building. Access to the building consists of a front wood covered concrete patio with wood posts and concrete steps leading to a pedestrian door along the front/eastern building elevation, and additional access on the western and northern building elevations, along with 4 ground level loading doors for loading access. The loading doors comprise of one along southern,one along the western, and two along the northern building elevation. The interior of the concrete block portion of the building has a parts sales room and restroom, work area, and a locker room with adjacent restroom and shower. The parts sales area is accessed from the main front entrance adjacent to Etiwanda Avenue. It has a painted concrete floor, painted concrete block walls, painted wood ceiling with exposed HVAC system, hanging fluorescent light panels, aluminum slider windows with horizontal miniblinds and exterior security bars, metal front door, and metal and wood counter areas. The adjacent restroom has the floor,painted walls and ceiling,a toilet,one wall sink,a fan,light, and mirror. There is a small office area behind the counter with the same flooring, walls, and ceiling along with recessed spotlights, aluminum slider window and exterior security bars. To the adjacent west of the parts sales room is a step down area used as a work and storage room. It has concrete flooring,painted block walls on the north, south,and east,and metal wall on the western. The electrical power panel is in this area supplying 200 ampere, 120-480 volt, and 4-wire capacity. Adjacent to the south of this room, is a locker room with double stainless- steel sink,bathroom with two toilet stalls,tile floor with drains,and a shower with tile walls. The metal portion of the building has an office/parts room/kitchen and warehouse on the ground floor and an office plus open mezzanine storage loft on the second floor. The parts portion of the area has concrete flooring, metal walls, metal and wood support beam ceiling, fluorescents light strips and 9-foot ceiling height. The office area has vinyl square flooring, painted walls, acoustic ceiling tiles and recessed fluorescent light. The adjacent kitchen has a painted concrete flooring, walls, and ceiling, wood cabinets, drop in stove/oven combination,refrigerator, micro-vent oven, metal sink with garbage disposal, Formica counter top, and eating area. Power in the metal portion of the building is provided by a 100-amp, 120-480 volt, 4 wire main panel system. 1 Adjacent tothe kitchen isao interior to the second floor of metal and concrete construction and metal handrails. The second floor has wood laminate painted drywall walls, painted tcxturedcci\ingwiUh recessed fluorescent light panels, HVAC, windows with exterior security bars. The ceiling im flat, but slanted oo the eastern side of the floor and in the stairway. There ima conference room with aluminum slider windows and horizontal hhudm, remtroono with oioni|ur Door, walls, ceiling improved with u toilet, wood puUmun with quartz counter and sink,mirror, and light. There are two office work areas and one area has some built in Oak cabinets. There is also a storage room, computer room,and a large private office at the north end of the floor. There is u door that provides access to the open mezzanine loft as well that houses the furnace and air conditioning systems aa well amstorage. The warehouse is divided into 5 rooms an apparently constructed in different time periods. The ceiling heights range from |5to22 feet and the clear height ranges from l3.5 \o20.5feet. There ioun evaporative cooler iu the northwest corner mf the warehouse and aoAC unit mounted on the roof. Three of the four loading doors are located in the warehouse area, and one loading door ia located on the north aide of the concrete block portion of the building bv the work area. The ground level roll up loading door on the south wall iyo foot high by 10 foot wide. The sliding loading door on the western wall is 12 foot by 12 foot. The sliding loading door iy near the northwest comer of the warehouse,houses diesel equipment. U measured approximately 8 foot wide by 0 to 10 feet high and has nn adjacent pedestrian door. Machine Shop Buildine The machine shop building consists ofa2,860 square foot, l-eto,y Class`^S",metal,of fair-to-average quality, believed to be constructed around 1977,according to public records. This building is rectangular in shape,and has a onovuh|c nnetu| storage bin attached to it on the west end of the building. There were several cruoou located within the building. The building has aconcrete slab foundation and a gable corrugated metal roof with some skylights and fluorescent strip lighting and some hanging spotlights. There ima4-K/o1-wide roof overhang over the south side oC the building, There iunooffice orreoboono in the building. There is u 21` wide by ||`]0` high metal sliding door on the south side of the building along with apedestrian door outhe eastern elevation. There were some holes in the eastern elevation of the corrugated metal wall. The building has a 12`8" ceiling height and u }0`||`, clear height. Power is provided by a200-ump, 120to 240-vo|t, and 3-wizepanel system. Site Improvements Site improvements include u concrete paving ou all but ao7.5 foot bv4l.5 foot area o1 the northwestern oonzcr of the site, which has gravel cover. There are concrete block vvo|)a on the uodb' south, and west property boundaries. There is a sliding gate along the southern property boundary used for truck access; Landscaping io limited toa few trees and shrubs nn the site. There iaa large metal canopy iu the southwest comer nf the site and a mix construction storage abed abooiurc and noeto| storage bin area at the northeast corner of the site. 2 � Thornhill, Elizabeth From: McIntosh, Anne Sent: Wednesday, November 4, 2020 2:25 PM To: Bravo-Valdez, Patricia;Thornhill, Elizabeth; Oriel, Jasmin Subject: FW: City Council Agenda Item G.1: Urgency Zoning Ordinance No. 976 Attachments: City Council-01 re Urgency Ordinance No. 976.PDF From: Phyllis M.Jackson<Phyllis.Jackson@greshamsavage.com> Sent:Wednesday, November 4, 2020 7:02 AM To: City Clerk<City.Clerk@cityofrc.us> Cc: 'John.Gillson@cityofrc.us' <John.Gillson@cityofrc.us>;jmarkman@rwglaw.com; McIntosh,Anne <Anne.McIntosh@cityofrc.us>; 'Lawrence, Paul' <Paul.Lawrence@cmc.com>; 'Miller,Austin C' <Austin.Miller@cmc.com>; 'Absher,Jody'<Jody.Absher@cmc.com>; Mark Ostoich <Mark.Ostoich@greshamsavage.com> Subject: City Council Agenda Item G.1: Urgency Zoning Ordinance No. 976 CAUTION:This email is from outside our Corporate network not click links oropen attachmentsa un s y�p . Do n � lick or o en less ou recognize the sender and know the content is safe. Sent on beha) ;v „ , , , ,, Please see the attached letter. The original is being sent via regular mail. Thank you, Phyllis Jackson Phyllis M.Jackson Sr. Exec.to Managing Partner Gresham Savage Nolan &Tilden, PC 550 East Hospitality Lane, Suite 300 San Bernardino, CA 92408-4205 Office: (909) 890-4499 Ext. 1744 Fax: (909) 890-9690 www.GreshamSava oir n ,6nyllis Jkort �Ls, _ onwg .:cc_rrl. ® Privileged and Confidential Communication. The information contained in this email and any attachments may be confidential or subject to the attorney client privilege or attorney work product doctrine. If you are not the intended recipient of this communication, you may not use, disclose, print, copy or disseminate the same. If you have received this in error, please notify the sender and destroy all copies of this message. g Notice re Tam Advice. Any tax advice contained in this email, including any attachments, is not intended or written to be used, and cannot be used, by you or any other recipient for the purpose of (a) 1 5. GRE'SH, A,M SAC VAG E San Bernardino Office (909)890-4499 ftA (909)890.-9877 November 4, 2020 VIA E-MAIL- citv.clerk@dtyofrc.us AND REGULAR MAIL Mayor and Members of the City Council c/o City Clerk City of Rancho Cucamonga 10500 Civic Center Drive Rancho Cucamonga, CA 91730 Re: City Council Agenda Item GJ: Urgency Zoning Ordinance No. 976 Honorable Mayor and Members of the City Council: This firm represents Commercial Metals Company ("CMC") in connection with its ownership and proposed development of two logistics and distribution facilities totaling 2,000,000 square feet (the "Project") on the approximately 95-acre acre site commonly known as 12343-12345 Arrow Route (the "Property") in the City of Rancho Cucamonga ("City"). The Project is specifically designed to accommodate a variety of users including an internet-based tenant that would bring the benefits of substantial tax and other revenue for the City, as well as a substantial number of new jobs for local residents. It has come to our attention that, on November 4, 2020, the City Council will consider the adoption of Urgency Zoning Ordinance No. 976, establishing an "Interim Moratorium for a Period of 45 Days on New Industrial Building Development Located (i) Within the Southeast Industrial Quadrant of the City and/or (ii) Within 500 Feet of Foothill Boulevard (the "Moratorium"). According to the Staff Report for the November 4 meeting, the City intends to extend the Moratorium for an additional 10 months and 15 days at a subsequent meeting in December prior to expiration of the initial 45 day period. (Staff Report, p. 6.) We respectfully request that the City Council include this letter in the administrative record for this matter. 55() Fast I'am" sult'.' 100 - S�_In bernwchno, ('�dhfww�i 92-W8 �'il 40 A '�trccl, '�Iujle 921� # Son Dicuo ( �ihfmnw 92 101 6rc,dhantsa\�q,,c com 0311-000--3964529,2 Honorable Mayor and Members of the City Council City of Rancho Cucamonga November 4,2020 Page 2 The purpose of this letter is to express our deep concern with and opposition to, the proposed Moratorium and to formally request that, if approved, the Project be exempted from the Moratorium. For the reasons outlined below, the City Council should reject the Moratorium: First, contrary to the Staff Report, there is no "current and immediate threat" to public health, safety, or welfare that would warrant adoption of the Moratorium under Government Code section 65858(c). The City is and has been fully aware that new industrial development within the Southeast Industrial Quadrant("SEIQ") of the City has been actively planned for and supported by the City for several years, including most recently with respect to the Goodman Logistics Center located at 8600 Etiwanda Avenue, directly east of the Property, as well as redevelopment of the former GenOn decommissioned nuclear facility located immediately south of the Project site. Further, there is no evidence included in the Staff Report that the approval of new industrial projects is "imminent" within the City and/or the SEIQ. (Gov. Code, § 65858(c); Building Industry Legal Defense Foundation v. Superior Court (1999) 72 Cal.AppAth 1410 [mere inquiries, requests, and meetings regarding development projects do not constitute a current and immediate threat within the meaning of Government Code section 65858(c) — the approval of an entitlement must be "imminent" so as to justify an urgency ordinance]; California Charter Sch. Assn. v. City of Huntington Park (2019) 35 Cal.App.5th 362, 368-372 [accord].) Rather, the Staff Report indicates that the basis for the Moratorium is the staff's "belief" that such a threat exists, based upon alleged but identified "proposals to develop new industrial buildings." (Staff Report, p. 5.) The mere potential for new industrial development is insufficient as a matter of California law to warrant adoption of the Moratorium. Second, even assuming that such a threat to public health, safety and welfare could reasonably be found (which it cannot), the City's basis for the Moratorium — e.g., that additional time is required to "evaluate the impacts of the [alleged] rapid development" of industrial uses within the SEIQ—is inadequate. Contrary to the Staff Report, the California Environmental Quality Act (Pub. Resources Code, §§ 21000, et seq.) ("CEQA") already provides a mechanism for analyzing the impacts of new industrial development—both globally and on a project-by-project basis — and, where necessary or appropriate, imposing mitigation to address the impacts caused by such development. There is, accordingly, no independent need for the City to temporarily suspend all new industrial development by way of the Moratorium in order to study the effects of new industrial projects as CEQA already provides the City the opportunity (and the legislative mandate) to do so. C1311-000-3964529 2 Honorable Mayor and Members of the City Council City of Rancho Cucamonga November 4,2020 Page 3 Third, the timing for the Moratorium cannot be reconciled with the City's pending General Plan Update. The proper time for the City to study the impacts of new industrial development and potential legislative amendments to address these impacts is prior to initiation of the General Plan Update process, particularly given that the influx of new industrial development in the SEIQ is far from a recent trend in the City. The City's attempt to now temporarily halt industrial development by way of the Moratorium so that it can modify the standards and requirements for such uses "mid- stream" in the General Plan Update is wholly improper and would turn the long- range planning process on its head to the detriment of CMC and the rest of the industrial development community. Fourth, the real purpose behind the Moratorium is obvious from the Staff Report—the City's desire to ensure that it does not miss out on potential future "opportunity cost[s]" and revenue associated with new industrial uses. (Staff Report, p. 4.) The fact that industrial uses have allegedly "underperformed" as a revenue source for the City (Staff Report, p. 4) is not grounds for imposing a moratorium on all such development. Such is particularly true given the lack of any evidence showing that the approval of new industrial development has deprived the City of funding that is vital to the City's ability to fulfill its municipal obligations and protect and preserve the health, safety and welfare of the City. Finally, the Staff Report fails to account for the significant impact that the Moratorium would have on industrial developers such as CMC that have pending projects in the City and have entered into contractual commitments based upon the existing development regulations and standards. CMC representatives and counsel have been in communication with City Staff over the past several weeks regarding the Project, including Principal Planner Mike Smith and Director of Engineering Services Jason Welday. As recently as last Thursday (October 29, 2020), counsel met with the City to discuss the Project at which time and the City made no mention of the proposed Moratorium or of any deadline for entitlement applications to avoid the Moratorium. In fact, City staff expressly discouraged CMC from submitting its Traffic Scoping Agreement to the City, a key early step in the development and entitlement process. The City's silence is telling and could be a basis for potentially significant liability. Based upon the above and as discussed more fully below, the City should decline to approve Urgency Ordinance No. 976 and reject the Moratorium. However, if the City is determined to adopt the Moratorium despite the significant defects outlined above, we request that an exemption be included so that the Project can proceed through the entitlement process under the current standards and regulations. C1311-000--3964529.2 Honorable Mayor and Members of the City Council City of Rancho Cucamonga November 4, 2020 Page 4 1. There Is No "Current and Immediate Threat" to Public Health, Safety, o Welfare As Necessary to Warrant Adoption of the Moratorium. A moratorium is an extraordinary tool. It allows cities to freeze development for a period of up to two (2) years when there is some circumstance that creates an immediate threat to the public health, safety or welfare. (Gov. Code, § 65858(c).) Among other things, health and safety concerns or compelling and emergency situations, such as dangers from floods or inadequate potable water supplies, are particularly strong justifications for the enactment of stop-gap zoning regulations such as moratoria. (Gilbert v State of California (1990) 218 Cal.App.3d 234.) Because a moratorium is an extraordinary tool, a moratorium must legitimately address the perceived hazard in order withstand legal challenge. Notwithstanding the lengthy discussion presented in the Staff Report regarding the City's need for the Moratorium, there is no such articulable immediate threat to the public health, safety or welfare requiring the taking of this extraordinary action. The City has been actively involved in the development and redevelopment of industrial properties within the SEIQ and surrounding area, including the recently-approved Goodman Logistics Center located at 8600 Etiwanda Avenue directly east of the Property and the redevelopment of the former GenOn decommissioned nuclear facility located immediately south of the Project site. In fact, on April 25, 2019, the City held an open meeting with a variety of different developers for the sole purpose of discussing ideas for the future industrial development of the GenOn site. The City has obtained approximately$60 million in funding generated by Senate Bill 1 (the gas tax legislation) for use in constructing the Etiwanda Avenue Grade Separation Project ("Etiwanda Avenue Project"), which will involve the construction of a four- lane roadway overcrossing between Napa Street and Whittram Avenue over the existing railroad tracks (Metrolink San Bernardino line), separating roadway traffic from commuter and freight traffic. The purpose of the Etiwanda Avenue Project is to eliminate the significant delays and queuing caused by the regular train traffic traveling along the line and provide for the free-flow of traffic along and through the Etiwanda Avenue corridor, which is the heart of the SEQ and hub of industrial development within the City. Furthermore, with respect to a moratorium involving the suspension of land use entitlements for a particular use while the city updates its general plan, the law is clear that a sufficient "current and immediate threat" is found only where the actual approval and entitlement of such uses is "imminent." (Building Industry Legal Defense C1311-000--39645292 Honorable Mayor and Members of the City Council City of Rancho Cucamonga November 4,2020 Page 5 Foundation v. Superior Court (1999) 72 Cal.AppAth 1410; California Charter Sch. Assn. v. City of Huntington Park(2019) 35 Cal.App.5th 362, 368-372.) In California Charter Sch. Assn. v. City of Huntington Park (2019) 35 Cal.App.5th 362, the City of Huntington Park adopted an urgency ordinance prohibiting the issuance of any conditional use permits for charter schools for one year based upon an alleged "proliferation of inquiries and requests for the establishment and operation of charter schools." The moratorium was challenged and, on appeal, the Court of Appeal reversed the trial court's decision upholding the validity of the urgency ordinance. In reliance upon Building Industry Legal Defense Foundation v. Superior Court (1999) 72 Cal.AppAth 1410, which involved rejection of an interim ordinance that suspended the processing of development applications while the city reviewed and updated its general plan,' and citing the legislative history of Government Code section 658582 and associated case-law,' the Court of Appeal held that 'Jilf processing a filed application as in Building Industry does not pose a current and immediate threat to the public health, safety, or welfare because no rights will vest imminently, then mere inquiries, requests, and meetings, preliminary to submitting a CUP application, cannot possibly present that threat." (California Charter Sch.Assn., 35 Cal.App.5tb at p. 371.) Here, the Staff Report and resolution fail to identify or allege that the approval of any specific industrial project (or projects) is imminent so as to give rise to a current and immediate threat under subsection (c) of Government Code section 65858. As such, the City lacks legal justification for the Moratorium and the City Council should, accordingly, deny Ordinance No. 976. 1 In the Building Industry case, the city adopted the ordinance after a developer submitted an application for a residential subdivision. As justification for the ordinance, the city recited that its antiquated general plan needed review and that issues had arisen about the adequacy of various land use elements and overcrowding or potential overcrowding of schools in the immediate future "from building permits currently authorized." (Building Industry, supra 72 Cal.App.4th at p. 1413.) 2 "Although the Legislature could have tied adoption of an interim ordinance to the submission or processing of a development application, it chose to set the bar higher, restricting its application to situations where an approval of an entitlement of use was imminent." (Building Industry,supra,72 Cal.AppAth at pp. 1418-1419.) 1 See, e.g., Crown Motors v. City of Redding (1991) 232 Cal.App.3d 17; 216 Sutter Bay Assocs. v. County of Sutter(1997)58 Cal.AppAth 860;Conway v. City of Imperial Beach (1997)52 Ca1.App.4th 78;Metro Realty v. County of El Dorado(1963)222 Cal.App.2d 508. C1311-000--3964529.2 Honorable Mayor and Members of the City Council City of Rancho Cucamonga November 4,2020 Page 6 2. The Legislature Has Established CEQA—Not Moratoria—as the Appropriate Mechanism for Evaluating and Mitigating Impacts Associated with New Development. The City's Staff Report erroneously asserts that the Moratorium is necessary to allow the City time to "fully evaluate the impacts of the rapid development of [the SElQ] on a broader scale," including as to the City's General Plan and Development Code and with regard to the operational, environmental and fiscal impacts associated with industrial development. (Staff Report, pp. 3-6.) The Staff Report goes on to discuss each of these items in detail and to discuss how new industrial development causes or contributes to increased impacts requiring further study and analysis by the City. The problem is that the Legislature already established a legal mechanism for analyzing the impacts of new development and ensuring that there is sufficient mitigation in place to minimize or offset these environmental, operational and other impacts — CEQA. Notably, the City fails to even discuss the role CEQA plays in the entitlement process or explain how the CEQA process is, has been, or will be inadequate to address the analysis and mitigation of these impacts going forward so as to justify approval of the Moratorium. Further, the fact that CEQA operates on a project-by-project basis ensures that the City will be able to account for technological and operational innovations in the so-called "new generation of industrial development." (Staff Report, pp. 3-4.) Thus, the City's contention that time is needed to study and update its development regulations and standards to account for the evolving technology in industrial uses (Staff Report, p. 2) before these projects come before the City for approval is hollow. Finally, the Moratorium is itself a project subject to review under CEQA. (Union of Med. Marijuana Patients, Inc. v. City of San Diego (2019) 7 Cal. 5th 1171 [holding adoption of zoning ordinance which regulated medical marijuana dispensaries location and operation was a "project"].) As in Union, the Moratorium dictates the placement and location of specific businesses by not allowing certain uses or restrictions within portions of a municipality. Such action is capable of causing indirect physical changes in the environment. The regulation of certain types of development and where that development can be located has the potential to exacerbate physical impacts on the environment by, for example, concentrating industrial development in a single area or placing industrial far from city centers, requiring logistics companies to increase vehicles miles traveled to deliver goods (which in turn may increase air quality and other impacts). The City's failure to C1311-000--3964529.2 Honorable Mayor and Members of the City Council City of Rancho Cucamonga November 4,2020 Page 7 analyze the environmental impacts of the Moratorium constitutes a violation of CEQA. Therefore, the City Council should reject Ordinance No.976. 3. The Proper Time for Analyzing the Impacts of Industrial Development and Refining the Development Code to Address These Impacts Was Prior to Commencement of the General Plan Update Process. The City is and has been well aware of interest in industrial development within the SEIQ. The City itself solicited a discussion with local industrial developers regarding the industrial redevelopment of the former GenOn site on Etiwanda Avenue, and secured State funding to construct the Etiwanda Avenue Project to help mitigate current and future traffic impacts associated with industrial development in the area. But only now, as the City is deep into the process of updating its current General Plan and without any advance notice to the industrial development community, does the City suddenly decide that further analysis of industrial development within the SEIQ is necessary to address potential future impacts. The proper time for the City to have reviewed and analyzed its existing development standards and regulations (and, if necessary, amend such regulations) was prior to initiation. of the General Plan Update process, so that the new General Plan could take into account these analyses. Instead, the City is attempting to accomplish this "mid- stream" while simultaneously suspending the processing of all new industrial projects for a period of up to two years. All of this while the General Plan Update moves forward unabated and without regard for any changes or revisions to the City's regulations governing industrial uses. The City's actions are wholly improper and completely inconsistent with standard municipal long-range planning to the detriment of CMC and the rest of the industrial development community. 4. The Moratorium is, in Purpose and Effect, a Poorly-Disguised Attempt to Maximize a Revenue Source. The City's purported basis for adopting the Moratorium— e.g., that additional time is required to "evaluate the impacts of the [alleged] rapid development" of industrial uses within the SEIQ — is not supported by the facts or the law. The true purpose underlying the Moratorium is clear from the language of the Staff Report itself, where the City states: "Although large industrial buildings have the potential for generating significant revenue for the City, an analysis of actual sites in the City indicates that they typically underperform the City's average for such revenue often by a substantial margin ... " (Staff Report, p. 4.) The failure to proactively address and mitigate for C1311-000--3964529,2 - Honorable Mayor and Members mf the City Council City c6 Rancho Cucamonga November 4,2O20 Page this alleged "nnderpefozouance", according to the Staff Report, will likely result in "a lost opportunity coat" to the City (/d.) Notwithstanding the expansive )ao8na8e in the Staff Report about bow allowing industrial development in the SEI{) to proceed unabated under the Cih/'s current regulations will result in an avalanche of negative environmental, operational and regulatory impacts to the surrounding community (all of which, as noted above, would be appropriately analyzed and mitigated for ao part of the CE[)A^ proccee), the true intent behind the Moratorium is much abnp&r—the City feels it is missing out on potential tax and other revenue associated with new industrial development and needs time to amend its existing regulations and fee structure to create m pathway forward for the City to maximize this "underperforming" zcvonnm source. 7beCity'e desire for financial gain ie not alegitimate or legal justification for adopting the Moratorium under Government Code section 65858. This is particularly the case in the absence of facts or evidence ebovviog that the luck of rwvmomm from new industrial development has resulted in a shortfall or deprived the City of funds necessary to fulfill its municipal obligations. 5' The Moratorium Will Have a Significant Impact on Industrial Development. For all of the Staff Report's discussion of the impacts of industrial development within the 5E}[\ the City fails to address the interests of stakeholders in the industrial development community. The Moratorium, if adopted, would have devastating impacts for industrial developers with pending projects iotheCity. These developers have purchased property designated and zoned for industrial development with the expectation — expressly and implicitly confirmed by City otaff — that they vvoo|d be permitted to entitle the property for that particular use. As noted above, counsel and representatives from CMC have been jncommunication with City staff over the past several weeks regarding the Project, including meetings and discussions with Principal Planner Mike Smith (the author of the Staff Report) and Director of Engineering Services Jason YVe|day. Most recently, on Thursday October 29, 2020, counsel nnmt with the City to discuss the Project and the City made no mention o/ the proposed Moratorium or of any deadline for entitlement applications to avoid the Moratorium. In fact, City staff expressly discouraged CMC from submitting its draft Traffic Scopiog Agreement to the City, a key early step in the development and entitlement process. Honorable Mayor and Members of the City Council City of Rancho Cucamonga November 4, 2020 Page 9 There are numerous other developers and property owners in the SEIQ besides CNIC whose development plans for their properties will be severely impacted by the Moratorium. These properties are subject to specific timelines and budgets in order to ensure the availability of sufficient funds to cover the anticipated carrying, construction and development costs for the proposed industrial developments, many of which may no longer be viable and able to move forward under the MoratoriUM.4 The City's Staff Report fails to account for or address these significant impacts to the industrial development community 6. Conclusion. The City's proposed Moratorium on industrial development within the SEIQ is fundamentally flawed and should be rejected by the City Council. There are no facts or circumstances that would support the existence of a "current and immediate" threat to the health, safety and welfare of the City, as required under Government Code section 65858(c). Further, the failure to adopt the Moratorium will not result in any harm to the City or hinder its ability to analyze and mitigate the impacts of future industrial development as the opportunity to do so is separate and independent mandate under CEQA. In addition, contrary to the Staff Report, the City's desire for time to modify its regulations in order to improve the revenue-generating potential of future industrial uses is not sufficient grounds for adoption of the Moratorium, particularly given the significant and potentially irreparable impacts to private landowners and developers whose constitutional right to utilize their property for its highest and best use and in accordance with the City's applicable land use designations, will be violated by the Moratorium. I Moreover, the City's adoption of the Moratorium may constitute a temporary taking requiring the payment of just compensation. When a moratorium prevents property owners from building on their properties, the City deprives the property owners' land of all economically beneficial use. (Monks v. City of Rancho Palos Verdes (2008) 167 Cal. App.4th 263, 270 [citing Lucas v. South Carolina Coastal Council (1992) 505 U.S. 1003, 1027); see also Lucas at p- 1019 ["when the owner of real property has been called upon to sacrifice all economically beneficial uses in the name of the common good, that is, to leave his property economically idle, he has suffered a taking."].) Takings which deny landowners all economically viable use of their property, even if temporary, can be considered compensable takings. (Penn Central Transp. Co. z,. New York City (1978) 438 U.S. 104, 138, n. 36, Carpenter v. Tahoe Regional Planning Agency,804 F. Supp. 1316, 1327(D.Nev. 1992).) C 1311-000-3 964529 2 Honorable Mayor and Members of the City Council City of Rancho Cucamonga November 4, 2020 Page 10 For the foregoing reasons, CMC respectfully requests that the City Council (i) deny Urgency Ordinance No. 976 and reject the Moratorium;or(ii) if, approved, exempt the Project from the Moratorium. Please contact me if you have any questions or wish to discuss this matter further. Very truly yours, Mark Ostoich, of GRESHAM SAVAGE NOLAN &TILDEN, A Professional Corporation MAO/pmj cc: City Manager,John Gillison" City Attorney,James L.Markman* City Planning Director,Anne McIntosh* Client* via e-mail only) 03 11-000--.1964529.2 Subject: FW: Concerning the Warehouse Moratorium - Vote Against It From: Sione Fua <sfLiaLqLrlmi,icapital.coii"�> Sent: Monday, November 2, 2020 5:10 PM To: City Council Subject: Concerning the Warehouse Moratorium -Vote Against It ........... .............. CAUTION-This email is from outside our Corporate network. Do not click links or open attachments unlessou recognize the sender and know the content is safe. To the Members of the City Council, My name is Sione and I am a real estate agent specializing in the sale of industrial land in the Inland Empire. I have just received word that the City Council is meeting on Wednesday to vote on Ordinance No. 976 which will establish a moratorium on new industrial building development on all industrial zoned properties. I represent the owners of 5 properties on Pecan Ave/Whittram Ave who are all opposed to this moratorium and will be adversely affected if this is passed by the City Council. The 5 owners are in escrow for a total price of$10,000,000 with an institutional developer and are set to close in less than 1 week. These properties total around 7.5 acres and consist of old and broken down houses as well as large unimproved yards used for outside storage. The buyer is a developer who plans on purchasing these properties to build a brand new state of the art logistics warehouse, which will be a major upgrade compared to what is currently on site. However, we just received word today from the Buyer that if this moratorium passes, there is a high chance they will cancel escrow and back out of the deal, and the owners of those 5 properties will be losing millions of dollars due to this uncalled for moratorium. We have been dialoging with city planners and staff on a regular basis and there has not been any inkling from staff members that a moratorium of this nature will be coming down the pipeline, which is truly disingenuous. Furthermore, I understand the need to make changes and updates to city codes to keep up with the changing nature of the current industrial real estate market. However, I believe it is bad governance to vote and immediately enact an ordinance that will affect all industrial properties. What about my clients? Is it fair to them that this moratorium, which came out of left field, might cause them to lose millions of dollars and the 9 months of their lives that they have been working on this deal? What about the Buyer? They have been working closely with city development staff and have been lead to believe that the development will go on as laid out in the city code, however, behind the scenes development staff are working on a moratorium to stop said development. In the case of my clients,you might ask why would the buyer cancel? The reason is that the way the moratorium is written, there are too many variables that make a development project too risky. The moratorium can potentially be pushed out to 2 years—The buyer cannot deploy$10,000,000 of capital and not know if the moratorium is going to be 45 days or two years. The moratorium already states that the council will push the moratorium expiration date to July 2021, 10 months from now. Also, after reviewing all items outlined in the moratorium,the city might put in place new development codes that will call for more costly offsite requirements, allow for less FAR, etc,which would affect the overall size and cost of the project. The overarching theme is that there are too many unknowns in the moratorium. Since the buyer(and most developers) is a speculative builder, they cannot in good faith move forward on a prospective development project if they don't know when they will be able to build it and what development requirements are going to be placed on them by the city. Gr We will be in attendance during the meeting on Wednesday and we will make our concerns known to the council. Please vote against this ordinance. Please contact me if you have any questions about our specific project. Respectfully, Slone Fuca I Senior Associate 800 N. Haven Ave., Suites#400, Ontario, CA 91764 sfua@naicapital,com CaIBRE Lic#02006432 Direct 909-243-7619 Office 909-945-2339 x7619 Mobile 818-312-4653 Fax 909-945-2338 Bio I vCard I Research naicapital.corri I Niel Global 16,000 Professionals 1375+ Offices 136 Countries d I 1513illion-1 SF Property Managed MAICapital If this email is with regards to a transaction,mformatiorr and/or opinions expressed herein have been provided by a prlricipal(s)in the transaction,their representative(s)or other third party sources. No warranty as to the accuracy or cornp8eteness of the information and/or opinions or capability of the individual providing such information and/or opinions is intended. Such information and/or opinions should be independently investigated and evaluated and r'nay riot be a basis for liability of NM Capital,Inc.or its agents.CA BRE Lic.#01990696 2 Subject: FVV Letter toHon. Dennis Michael, etaLne Consideration of Urgency Zoning Ordinance No. 976 (^K4onatorium^) Attachments: 2OZ0'11-04 Letter tn City[ounciiodf From: Portwood, Sheryl Sent: Wednesday, November 4, 2O201:3UPK4 To:Tnoyon, Linda Cc: Bravo-Valdez, Patricia; Friess, Rick; Condas,John Subject: Letter toHon. Dennis Michael, eta|, re Consideration of Urgency Zoning Ordinance No. g76 ("Muratorium") CAUTION:This email is from outside our Corporate network. Do not click links or open attachments u:n::Ie:ss=you recognize the sender and know the content is safe. On behalf ofGenDn California South, LP, please see the attached letter oftoday's date from Rick Friess. Please forward this letter to the City Council for Item G.1. on tonight's City Council Agenda. Thank you, Sheryl Sheryl L. Poybmood Assistant to K. Erik^Rick" Frieoa I Andrew Wood I Kelsey Mills i Georgia Gallaher Allen K4atkinaLeck Gamble Mallory & NahaisLLP 1000 Main Street, 5th Floor, Irvine, CAS2G14-7321 (949) 553-1313 (main) (949) 553-8354 (fax) (949) 235-4472 (mobi|e) /� || ����i-` /-�u��� /°uxz�o�ll}s Confidentiality Notice: The information contained in this electronic e-mail and any accompanying attachment(s) is intended only for the use of the intended recipient and may be confidential and/or privileged. If any reader of this communication is not the intended recipient, unauthorized use, disclosure or copying is strictly prohibited, and may be unlawful. if you have received this communication in error, please immediately notify the sender by return e-mail, and delete the original message and all copies from your system.Thank you. 1 ` " Allen Matkins Leck Gamble Mallory&Natsis LLP Attorneys at Law Allen Matkins A1900 Main Street,51h Floor I Irvine,CA 92614-7321 Telephone:949.553.1313 1 Facsimile:949.553.8354 www.allenmatkins.coi-n K.Erik Friess E-mail:rfriess(&,allenmatkins.com Direct Dial:949 851 5478 File Number:390400.0000 IIOC 1270639.12 VIA ELECTRONIC MAIL(C0UNC1L(&C1TY0FRC.us) November 4, 2020 Hon. L. Dennis Michael, Mayor Hon. City Council City of Rancho Cucamonga 10500 Civic Center Dr. Rancho Cucamonga, CA 91730 Re: Consideration of Urgency Zoning Ordinance No. 976("Moratorium") Dear Hon. Mayor and Hon. City Council Members: We represent GenOn California South, LP ("GenOn"), owner of property which would be subject to the Moratorium, if the Moratorium is adopted by the City Council. GenOn requests that this letter be included in the administrative record for this matter. GenOn urges the City Council to deny the Moratorium for several reasons. GenOn is in escrow to sell its property to BTC III Acquisitions, LLC ("Black Creek"), and this Moratorium would have drastic impacts on GenOn's ability to sell its property. There is no urgent need for imposing such a draconian approach. The Staff Report concerns regarding the fiscal impacts of logistics/warehouse development is unfounded. Development of a project on the GenOn property would generate tremendous economic benefits to the City and the region; these positive benefits are generated by all such projects. The Moratorium is not needed to ensure that the impacts of industrial projects are analyzed and mitigated. Under existing law, industrial projects in the City cannot be developed unless the City issues discretionary approvals. Discretionary approval requirements allow the City to impose conditions on the issuance of such approvals, or the City determines it cannot make the necessary findings to approve such projects. Further, the City cannot approve such projects until the City complies with CEQA. Through the CEQA process, all of a project's impacts, including cumulative environmental impacts, are analyzed and mitigated. Los Angeles I Orange County I San Diego I Century City I San Francisco Allen Matkins Leck Gamble Mallory&Natsis LLP Attorneys at Law Hon. L. Dennis Michael,Mayor November 4,2020 Page 2 The Moratorium exposes the City to liability because the Moratorium constitutes a condition of unlawful pre-condemnation blight if the City chooses to designate portions of the GenOn property with new roads ("ROWs"). Today there is no need for these ROWs; circulation to and from the GenOn property is adequate. In the future, as laid out in GenOn's September 23, 2020 submission by ERM to Mr. John Gillison, the City Manager of the City("GenOn Report"), if GenOn (or any other developer)were to develop the GenOn property with an approximately 1,100,000 square foot warehouse, the impacts of such a project would not warrant a dedication of these ROWs. If the City were to designate such ROWs, the City would be compelled to condemn these ROWs. If adopted, the Moratorium clearly decreases the value of GenOn's property, reducing the amount of the City's condemnation bill, which is improper under California law. 1. There is no Urgent Need for the Moratorium, and Therefore Adoption of the Moratorium is Improper. Under Government Code § 65858, in order for a local government to adopt a moratorium, there needs to be an immediate threat to the public health, safety or welfare, and the approval of additional permits would result in a threat to public health, safety or welfare. For a moratorium to be valid, a current and immediate threat is found only when an actual approval is "imminent". Building Industry Legal Defense Foundation v. Superior Court(1999) 72 Cal.App.4th 1410. The Building Industry Legal Defense Foundation court invalidated a moratorium adopted by the city of San Juan Capistrano. After a developer submitted a development application, the city adopted a moratorium to suspend the processing of development applications, pending a comprehensive review and update of the city's general plan. The court held that the city could not make the necessary findings to adopt a moratorium,because there was no pending immediate approval. Building Industry Legal Defense at 1419, 1420. Building Industry Legal Defense Foundation is applicable here. The Staff Report does not provide the necessary rationale for the Moratorium to be lawful. The Staff Report does not list any industrial projects which are slated for imminent approval. Rather, the projects listed in the Staff Report either have already been approved (the Goodman redevelopment of the former Ameron site), or are in the early stages of the entitlement process (the Bridge and Hillwood projects). The Moratorium excludes these two projects which are closest to being approved (although we are advised that both projects are not slated for approval for months), further decreasing any claim that approvals of industrial projects is "imminent". Further, as was the case in Building Industry Legal Defense Foundation, the City is undertaking revisions to its General Plan and relevant sections of its Development Code. Staff Report at 3. Allen Matkins Leck Gamble Mallory&Natsis LLP Attorneys at Law Hon. L. Dennis Michael,Mayor November 4,2020 Page 3 2. Logistics Facilities Generate Positive Fiscal Benefits. Concerning the Staff Report's discussion of industrial buildings' fiscal impacts, a Moratorium is not required to create new regulations. The Staff Report concerns regarding the fiscal impacts of warehouses are unfounded. As the City may be aware, the NAIOP Inland Empire Chapter commissioned an economic analysis of warehouses. The analysis concluded that warehouse projects generate a net fiscal benefit for municipalities, and massive economic benefits for the entire Inland Empire region. The Staff Report neglects to address the fact that unlike other land uses, warehouses generate little demand for public services. More specifically, Cushman&Wakefield has produced a brief fiscal impact analysis of development of the GenOn project. Cushman& Wakefield estimate that development of the GenOn project would generate as much as $2,100,000 annually in increased property taxes. Development of the GenOn site would generate in excess of $11,000,000 in development impact fees to the City. In addition, it is estimated that development of the GenOn project would generate approximately 300 construction jobs, and between 500-2500 permanent and secondary jobs, depending upon the ultimate user of the project. Also, it is estimated that there would be between $75,000,000 and $150,000,000 in new annual income, and between $100,000,000 and $280,000,000 in new annual economic impact for the region. Thus, based upon projections of an actual project, as opposed to a mere supposition, such projects generate tremendous fiscal benefits both to the City and the region. To validate these projections on future projects, the City can require fiscal impact analyses, which will likely similarly conclude that industrial projects generate positive net fiscal benefits. If, on the other hand, the City is contemplating the Moratorium in order to ultimately adopt general plan or zoning regulations which would ban warehouses based upon "lost opportunity costs", such policies would be subject to court invalidation. See, e.g., Arnel Development Co. v. City of Costa Mesa (1981) 126 Cal.App.3d 330. 3. The Moratorium Will Not Provide Any Further Safeguards for Development of Industrial Proiects. In the November 4, 2020 City Council Staff Report ("Staff Report"), the City Staff contends that the present regulatory scheme of the City, in its General Plan and its Municipal Code, somehow is inadequate to address "specific and unique operational characteristics of industrial buildings...". Staff Report, pp. 1-3. However, the Staff Report does not mention that through the CEQA process, all direct and cumulative impacts of actual,proposed industrial and warehouse projects are adequately addressed, analyzed, and, as necessary mitigated. CEQA requires the City to impose all feasible mitigation measures to ensure that the impacts of such projects are mitigated. 14 California Code of Regulations § 15126.4. As the City Council is well aware, through the CEQA process, the City, based upon analyses prepared by experts in numerous disciplines, analyzes all of the environmental impacts of development projects, Allen Matkins Leck Gamble Mallory&Natsis LLP Attorneys at Law Hon. L. Dennis Michael,Mayor November 4,2020 Page 4 including impacts such as air quality, greenhouse gas, energy, transportation, hydrology and noise. CEQA requires cumulative impacts of other probable industrial and non-industrial projects to be analyzed, which is one of the impacts which City Staff claims must be analyzed during the Moratorium. Through the CEQA process, the construction and operational impacts of industrial projects are extensively analyzed. While the Staff Report is correct that often times during the CEQA process, a developer may not know who the ultimate end-user is (and CEQA does not require identification of an end-user),but nevertheless through the CEQA process, specific assumptions of the nature of the use are made, and based upon these assumptions, the City can impose appropriate mitigation. It is noteworthy that the Staff Report does not mention any City- approved industrial projects which have gone through the CEQA process but generated environmental impacts which were not analyzed and mitigated. Nor does the Staff Report identify how the City will analyze industrial project impacts without any specific projects detailed or presented for evaluation. The analysis that the City will seek to conduct during the Moratorium period is de facto inferior to a required CEQA process, where all proposed development projects will be subjected to a rigorous and comprehensive analysis of each project's direct and cumulative environmental impacts. For all of Staffs lament about project developers not identifying end-users, Staff will have even less information or factual background for the analysis that is to be conducted during the Moratorium. There is no sound basis to conclude that the Staff analysis during the Moratorium is superior to CEQA because there is no basis in fact to the inputs Staff will be using. In the GenOn Report to the City, GenOn provided expert analysis which indicated that an approximately 1,100,000 square foot warehouse would have no new significant impacts. This Report concluded, e.g., that the GenOn project would not have any deleterious impacts on emergency response times, which is an issue listed as an area of concern in the Staff Report. Staff Report, p. 5. Concerning the Staff Report's discussion of industrial buildings' fiscal impacts, a Moratorium is not required to create new regulations. Rather,the City, in connection with its discretionary approval process, can require economic analyses to be prepared. As the City may be aware, the NAIOP Inland Empire Chapter commissioned an economic analysis of warehouses. The analysis concluded that warehouse projects generate a net fiscal benefit for municipalities, and massive economic benefits for the entire Inland Empire region. Although the NAIOP fiscal impact analysis did not address projects in the City, certainly for future projects, the City can require such fiscal impact analyses, which will likely similarly conclude that industrial projects generate positive net fiscal benefits. Under separate cover, Cushman and Wakefield has provided an economic analysis laying out the positive fiscal benefits of development and operation of a 1,100,000 square foot warehouse on the GenOn property. Allen Matkins Leck Gamble Mallory &Natsis LLP Attorneys at Law Hon. L. Dennis Michael,Mayor November 4,2020 Page 5 If, on the other hand, the City is contemplating the Moratorium in order to ultimately adopt general plan or zoning regulations which would ban warehouses based upon "lost opportunity costs", such policies would be subject court invalidation. See, e.g., Arnel Development Co. v. City of Costa Mesa (1981) 126 Cal.App.3d 330. 4. If the City is Using the Moratorium as a Vehicle to Depress the Value of GenOn's Property, Such an Effort Would Subject the City to Damages. A de facto taking claim arises when a government agency's actions result in a taking of property either through a physical invasion or a direct legal restraint on the property. Klopping v. City of Whittier(1972) 8 Cal.3d 39, 46; City of San Diego v. Rancho Penasquitos Partnership (2003) 105 Cal.App.4th 1013. Courts typically find a de facto taking when an agency(1) intends to acquire property, (2)prevents the use or development of all or a portion of the property, and/or (3) refuses to acquire the property unless and until the owner sells at the agency's price. (See, e.g.,People ex rel. Dept. of Transp. v. Diversified Properties Co. III(1993) 14 Cal.App.4th 429, 443.) For example, in Peacock v. County of Sacramento (1969) 271 Ca1.App.2d 845, the government agency enacted an ordinance that prohibited construction on a portion of the owner's property, and the agency denied the owner's development applications (although a smaller subdivision was ultimately approved). (Id. at pp. 850-851.) The court found that the agency sought to keep the property as unimproved land in order to prevent any increase in the cost of acquisition. The court held that a de facto taking had occurred since the owner was essentially prevented from subdividing the property and was thereby deprived of the beneficial use of a portion of the property. (Id. at pp. 852, 854, 862.) Likewise, in People ex rel. Dept. qfTransp. v. Diversified Properties Co. III,supra, 14 Ca1.App.4th 429, the government agency informed the owner that it would not approve development on a portion of the property that eventually may be acquired for a freeway. (Id. at pp. 437-438.) The agency approved development plans that left the potential acquisition area vacant, but stated no development could take place until the department of transportation confirmed its future freeway corridor. The department made an offer and told the owner that, if it did not accept the offer, the department could wait 10 years until it needed the property. (Id. at pp. 438-439.) The court found that the department had "no intention of actually condemning the property," but instead "merely 'sat back' and allowed the [local government agency],by way of its development restrictions, to 'bank'the subject property for the [department] --presumably so the [department] could, at a later date, condemn the subject property in an undeveloped (and, consequently, less costly) condition." (Id. at pp. 442-443.) The court held that the department had, de facto, taken a portion of the property, as it had deprived the owner of the right to develop the property and rendered it virtually unmarketable. (Id. at p. 442.) Allen Matkins Leck Gamble Mallory&Natsis LLP Attorneys at Law Hon. L. Dennis Michael,Mayor November 4,2020 Page 6 Adoption of the Moratorium would not provide any benefits to the City, and would be extremely harmful to GenOn and all landowners and developers in the City. The necessary conditions for the imposition of a moratorium as proposed are not satisfied by the current prevailing conditions in the City. Through the City's existing regulatory framework, and its requirement to comply with CEQA before approving any industrial project, the City is able to issue responsible and informed decisions on whether to approve such projects. Through this process, the City is able to impose appropriate mitigation and conditions of approval to ensure such projects' benefits outweigh the costs without the need and risk of liability to the City through enactment of the proposed Moratorium. We encourage you to reject this unnecessary proposal and allow for the CEQA process to work to ensure the attractiveness of the City to business community and to protect the City from potential liability. Very truly yours, K. Erik Friess KEF:kp � Subject: RW:Whittrampmperty Attachments: Ordinance 976 Exhibit - Duke Realty Oeve|opment.odf ----- Fonwurdedmessage----- Fromn: < » Date: Tue, Nov 3, 2OJ0ot6:O4PK4 Subject: VVhi1tnam property Hello Cound|n`emnberKennedy. I represent Osvaldo Flores (copied on this email), who owns a 1.35 acre parcel in the area impacted by proposed Ordinance No. 976. Mr. Flores, along with multiple neighbors, has entered into an agreement to sell their properties to Duke Realty. The zoning in place allows for the use Duke would like to develop on the property and the ordinance contemplated would essentially result in a city led "taking". See the attached exhibit that shows the proposed Duke development properties and their proximity to one of the moratorium exempt areas. Since Duke has already begun their entitlement efforts and has had multiple meetings with the City, Mr. Flores requests that the Duke Realty project area gets added to the other exempt areas. Please call me with any questions. Thanks, NasaerK4ustafa Principal ________________________ ASGOevm|opmentAdvienm 1 8 94.9,2.5.0,7729.(Office) 714,553.9595(Cell) Lynne B. Kennedy, Mayor Pro Tern Rancho Cucamonga City Council 7211 Haven Avenue, Suite E-317 Rancho Cucamonga 91701 909-353-0475 kennedv4rancho.com 2 i -ui �, �I ,� mid,,,, �,, i .. ,� Rai � iC`,; I fr � a : i d�, r�. � ��i ii�^� rz ,, �7. i { �,. 1k �„ ��a .,, s id r f <, m r�� � � � a � �� � �' � u„P�, '� fi � ,,,, yy P' �: k �"�!. � �� I� �� � i r M� � � �� �� � , I��,. ,ter t ��y ,,, 4„�� J �,f y ��u u � ,. � „,,���,s v. L,l: p, , r uU �W�n r� � �:: t,� i/ � � �v � �� �/ �� r � rig � � ,,,, ,,� �.� ,p y ( '"� �` �J �ti ��99 � Jf� � �1, '� %¢ j ' p �� �.. '� I� � ,. � ! �/�,' /ram,-' i �% i j i„/, ��� �, !,, �. r J�� ,,, ,��,�� o „� �- / r, �yi,�y '� , °` i� � � � 'r' ��� p � f1�J J!/Jr N 9J / 1�„ :,�;; /; i �, � i v �I� e I II � �' �. ���� � �I ���1�, p �' fir" r 1+ �i �' j/ '��� ,SIP �„� �%�%� r�l%f 7 �i "r sv� r � " From: Mike Condon Jr./USA <Mike.Condon@cushwake.com> Sent: Wednesday, November 4, 2020 1:10 PM To: City Clerk Cc: Bravo-Valdez, Patricia; Erica Finck/USA; Matt Heidelbaugh/USA Subject: Letter Regarding Potential Moratorium Attachments: C&W Letter to Rancho Cucamonga.pdf CAUTION:This email is from outside our Corporate network. Do not click links or open attachments unless=you recognize the sender and know the content is safe. Hello, I would like to submit the attached letter to be distributed to all City Council member's review for Item GA on tonight's City Council Agenda. Patricia, can you please provide a confirmation of receipt response when appropriate?Thank you for assisting in the coordination of this matter. Mike Condon, Jr. Executive Managing Director Capital Markets/ Leasing CA License 01884476 If you would like to be added to our distribution list, please email:Ericafirick(a),cushwake.com Direct: +1 213 629 7379 Mobile +1 310 717 4868 mike.condon@cushwake.com USHMAN & J11111 C 111h WAKEFIELD 900 Wilshire Blvd., Suite 2400 Los Angeles, CA 900171 USA www.cushmanwakefield.corn LinkedIn I Facebook I Twitter I YouTube I Gooqle+ I Instagram The information contained in this email (including any attachments)is confidential, may be subject to legal or other professional privilege and contain copyright material, and is intended for use by the named recipient(s)only. Access to or use of this email or its attachments by anyone else is strictly prohibited and may be unlawful. If you are not the intended recipient(s),you may not use, disclose, copy or distribute this email or its attachments(or any part thereof), nor take or omit to take any action in reliance on it. 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Please see our websiteto view our privacy notice/statement. 2 - Mike Condon,Jr. Executive Managing Director Capital Markets/Industrial Leasing CUSHMAN & CA License n1O84*7o 81KK081h WAKEFIELD Direct: +: 213620737e Mobile +1310717*868 November 4,Z0O Mayor and Members of the City Council c/o City Clerk City of Rancho Cucamonga lO5OU Civic Center Drive Rancho Cucamonga,O\917]O Re: City Council Agenda Item G.1: Urgency Zoning Ordinance No.976(proposed 1Noratorium") Dear Honorable Mayor and Members of the City Council: My firm,Cushman&VVakofie|d'has been engaged byGenOn to provide highest and best use analyses,valuations,and dispositions on a portfolio of nearly 3O decommissioned power generating assets across the United States. C&VV is publicly traded,global leader and expert in commercial real estate and more specifically has team members that are considered market experts in the Inland Empire.Our team has been made aware of the proposed moratorium in the City of Rancho Cucamonga and has reviewed the staff report.My team has a difference of opinion from several items address in the staff report and would like to provide our expert opinion on several of the items. Background Regarding the Etiwanda Site Disposition: In November of 2017 the C&W appraisal team was engaged by GenOn with regards to the Etiwanda Power Plant located 8996 Edwanda Avenue in Rancho Cucamonga.As part of the initial review,a highest and best use analysis determined that an industrial redevelopment for warehousing, storage' and freight handling was determined the be of greatest benefit to value,which is consistent with the zoning code in Rancho Cucamonga. After this detailed review,my team began the marketing of the 8966 Etiwanda site in the first quarter of 2019.This site, along with several others,were marketed to approximately 15,000 investors,of which 139 accessed the site's data room in order to conduct their due diligence on the property.In May of2O19'we received 18 initial letters of intent ranging in values from$22 million up to$85 million to acquire the site(the eventual sale price when a buyer was selected exceeded $90 million for the Edwandafaci|ity). All 18 of the offers were from developers seeking to demolish the site and develop a modem,Class A industrial logistics facility or facilities,consistent with the dty's zoning for the site. None of the lO offers contemplated a development or use other than that of an industrial use (no retail, hospitality, or other commercial uses were contemplated). It is important to note that as a seller,GenOn's primary mandate to my team was tosell toe buyer atthe highest price and bet certainty of close and GenOn is agnostic to a buyer's proposed use as evidenced by the sale of the Mandalay/ Oxnard' CA facility where the by right zoning was for industrial but hospitality developer was selected, or from the Pittsburg,CA facility that was also zoned industrial but a mixed use residential and retail developer was selected because o zone change would yield the highest level ofproceeds. Expert Opinion in Disagreement of the Analysis Moratorium Notice: In the analysis segment of the staff letter, there is a statement that the General Plan that was adopted in 2010 and updated in 20I2 did not adequately account for the development of modern logistics facilities.Cushman&VVakefe|d's | first hand knowledge, combined with the use of Costar research data has determined that prior to 2012, our records show that within the general vicinity of Rancho Cucamonga,or the Inland Empire West(Ontario, Fontana,Chino, Mira Loma,and Rancho Cucamonga as examples),there had been 31 modern logistics facilities developed,some build to suits, but most built by developers on a speculative basis. The assertion that the City of Rancho Cucamonga was unaware of the impacts of the approval of logistics facilities larger than 750,000 sf is questionable as evidenced by these 31 facilities, as several of these buildings are in fact within the boundaries of Rancho Cucamonga or near the subject city. While true that over time the design of such buildings has evolved(clear heights,queuing lanes to take trucks off of area streets as well as providing on-site parking to enhance driving safety), such criteria have been made in order to improve and conform with municipal requirements.It is our belief that given the fact that 2 facilities were built in the 70's(including the flagship K-Mart distribution facility),2 were built in the 1980's(including the 1.4 m sf Pic N'Save distribution facility in Rancho Cucamonga's borders),9 in the 1990's,and another 15 developed from 2000—2006(including an 840,000 sf spec distribution facility at 10299 6th St.in Rancho Cucamonga)that these facilities had a long track record of existence and most likely were contemplated during the last General Plan adoption on 2010 and 2012.This list can be provided upon request. Pro Forma Fiscal Impact Benefit: In the Staff report,there is an assumption that there is a limited or diminished Fiscal Impact associated with industrial logistics facilities.As the property currently sits(and most likely will continue to if the moratorium is passed)the GenOn Etiwanda facility is currently assessed at a value of $14,260,000. This low basis only leads to Rancho Cucamonga generating$149,724 annually in property taxes.If Black Creek(or another developer)is allowed to develop the proposed approximate 1.025 million sf facility,the land and project costs would total nearly$170,000,000 worth of investment into the city,but more importantly,will lead to a new approximate tax basis(estimated by the current rate)of$1,784,836 in taxes annually. This is a $1,635,113 increase in tax revenue above what the property generates today. It is also common place that when a speculative developer builds and leases a facility such as the one that is proposed,a developer will implement an investment sale of the property that based on current market conditions should achieve a $216,388,128 sale,which in turn will lead to a new tax basis of$2,271,867 annually or an increase in tax revenues of $2 122 144 above the current tax basis. In addition to the increased tax benefits to Rancho Cucamonga,the city will also be the beneficiary of substantial impact fees associated with the project.These impact fees based on the current city requirements will total nearly$11,000,000 of fees to the city associated with the proposed development. Employment: Through our team's experience in working on logistics facilities like the one proposed on the Etiwanda site, combined with information provided by investors of other similar facilities,it is estimated that the project would create nearly 300 construction jobs during the project's development. Beyond this temporary impact,the facility should and most likely will create 500—2,500 new, permanent jobs depending on the specific use. In our experience,these jobs are not only warehouse jobs,but include otherfunctions such as security,accounting,IT,administrative,and managerial job positions associated with a potential use. Very Truly Yours, Michael Condon,Jr. Executive Managing Director 213.629.7379 Mike.condon@cushwake.com 2 Frmmm _ Sent: Monday, November2, 20207:20 PM To: Bravo-Valdez, Patricia Subject: November 4 Agenda Item G.1. City Moratorium Item Attachments: 2Nov2020_6enOn Traffic Eva| Cover Letter FINAL vF.pd[ 202O092J Final City R[ ROW Assessment (1).pdf Importance: High Follow Wp Flag: Follow up Flag Status: Flagged Patricia:CAUTION:This email is from outside our Corporate network. Do not click links or open attachments unless yo� recognize the sender and know the con I am requesting your assistance with transmitting the attached correspondence and September 23, 2020 RC ROW Assessment Report to the members of City Council prior to the Novernbar4, 2020 City Council meeting for their review and information concerning the subject matter on behalf ofrny client GenDn California South, L.P. Thanks for your help with this. Please feel free to contact me at your earliest opportunity should you have any questions or need of additional information or assistance with this matter. Thanks, Chuck Buquet, President Charles Joseph Associates 8816VV. Foothill Blvd. #103-376 Rancho Cucamonga, CA9173O Office (9O9) 481-1822 *******************PLEASE NOTE****************** This message, along with any attachments, may beconfidential or legally privileged. It is intended only for the named peraon(s), who is/are the only authorized recipients. If this rnaaeage has reached you in error, kindly destroy it without review and notify the sender immediately. Thank you for your help. 1 \ L� ' GenOn California South, LP Genth"t, 1360 Post Oak Blvd.Suite 2000 Houston,Texas 77056 November 2,2020 Rancho Cucamonga Mayor&City Council Members City of Rancho Cucamonga,California 10500 Civic Center Drive Rancho Cucamonga, CA 91730 Subject: Consideration of Urgency Zoning Ordinance No.976; November 4,2020 City Council Meeting Dear Mayor Michael and Members of the City Council: GenOn California South, LP(GenOn)is providing the attached report(Exhibit A),which provides a thorough evaluation of concerns raised by City of Rancho Cucamonga(City)staff in relation to the redevelopment of the retired GenOn Generating Station located 8996 Etiwanda Avenue(the Site). This report was previously provided to Messrs.John Gillison and Matt Burris on September 23,2020 during an in-person meeting at City Hall and was further supplemented by: (1) the complete Urban Crossroads Traffic Study on September 24,2020; (2) a plan for an approximately 1.1 million square foot distribution center/warehouse on the Site(the "Project")on September 25,2020; (3) the requested case law citations related to eminent domain and condemnation on September 28, 2020;and, (4) the notification of the pending acquisition of the Site by the Black Creek Group on October 5,2020. We are yet to receive a response from the City to any of these deliverables. GenOn has been pursing sale of the property for beneficial redevelopment for more than the past 18 months. During this period the City raised concerns regarding potential traffic impacts,fire and emergency access,and the need for additional road segments through the property. GenOn has provided detailed and substantive responses to the matters raised by City Planning Staff—the same items presented in the Consideration of Urgency Zoning Ordinance No. 976,for consideration at the November 4,2020 Council meeting. Throughout the site marketing process,GenOn and prospective buyers have met with the City on numerous occasions.The City initially expressed concerns regarding emergency access,then later stated that for any redevelopment on GenOn property,the buyer would need to build a public road directly through Southern California Edison (SCE) property to 6 1h Street. In June 2020,the City then provided a figure depicting numerous roads through the GenOn site,SCE lands,the County's Correctional Facility,the Inland Empire Utilities Agency lands and other private properties. In response to these concerns,GenOn conducted a thorough assessment(at significant cost)consulting with environmental,traffic,and commercial property experts as well as land use legal counsel regarding the specific issues raised by the City. Additionally,at the City's request,GenOn has also engaged with SCE,as the neighboring landowner,to discuss the City's request for public access through SCE's transmission substation and generation plant. When this request was denied by SCE, GenOn worked with SCE on establishing emergency reciprocal access to,from,and across the SCE and GenOn properties to ensure City Rancho Cucamonga Mayor and City Council Members November 2, 2020 Page 2 concerns were met. GenOn is yet to receive a response from the City to its submissions regarding emergency access coordination with SCE. The studies and analyses provided to the City demonstrate that upon analysis of the relevant data,the City's concerns about traffic impacts are unfounded. Additionally,the studies demonstrate that the City's proposed solution of new roads bisecting the multitude of private parcels do not improve circulation. Similar to the information provided in the City staff report for the Consideration of Urgency Zoning Ordinance No.976, City staff has not provided data or other factual information to support their concerns.The City's concerns appear to be based largely on anecdotes from other cities and theoretical assumptions that cannot be rigorously evaluated. ERM-West Inc. (ERIVI), prepared the attached report summarizing the expert assessment of the concerns raised by the City and provided this report along with supplemental data to City personnel on September 23, 2020.The results show that: • Utilizing current(pre-COVID-19 impacted)traffic counts and, based on inputs to a scoping agreement provided by the City,the Traffic Assessment concluded that development of the Project on GenOn property would not result in any traffic deficiencies to the roadway network of the City.As such, development of the Project would not require the provision of any dedications or construction of new or widened roads. • GenOn evaluated the City's concerns for emergency access and developed conceptual solutions with SCE for a secondary emergency access route through SCE property. SCE evaluated and denied the use of their property for a"public" right-of-way(ROW). • The ROW segments proposed by the City were evaluated individually and collectively.The results showed the proposed ROWs would only benefit limited and undefined potential businesses which would front the new roads and will provide little to no circulation benefit. At the September 23r,meeting, GenOn and ERM presented these findings of the assessment and offered to work with the City to come to a mutually beneficial solution.The City agreed to review the report and respond back. Despite GenOn's team reaching out to the City for input,to date GenOn has not received any communication back from the City to discuss the report or its findings.We were very disappointed to learn of the City's staff report Consideration of Urgency Zoning Ordinance No.976, attempting an end-run to the lawful redevelopment of the GenOn property and other properties in the proposed moratorium area. Importantly,the information discussed in the staff report is exactly the information that will be addressed through the City's compliance with the California Environmental Quality Act(CEQA), including an assessment of alternatives and cumulative impacts, upon the submission of development applications for the Project.The CECIA process is the best tool for redevelopment projects as the related analysis evaluates the specific project and its impacts on the City and in its vicinity(encompassing traffic, greenhouse gases, climate change, noise and other technical and social subject matter areas).The City is the lead agency in the CEQA process and will have significant input on the proposed redevelopment. This evaluation will be conducted with any redevelopment process and the justification for the City's efforts to delay and frustrate the State-approved and accepted CEQA process is unjustified. There is no need for the moratorium to conduct the proposed evaluation by City staff. In fact,any evaluation conducted by the City would be based on hypothetical circumstances that would undoubtedly not reflect actual planned redevelopment projects and is therefore inferior to CEQA. CEQA will assess and evaluate the impacts Rancho Cucamonga Mayor and City Council Members November 3, Z0%O Page across all areas of concern enumerated by City staff and will provide proper and appropriate mitigation,as necessary,for all identified impacts. |f mitigation cannot be developed,the project will not beapproved. Therefore, GenOn urges the Council to deny the Consideration of Urgency Zoning Ordinance No. 976, and allow the well-established City planning and CEQA process to work for the City of Rancho Cucamonga as it does for the rest of the State of California and its citizens. J than A.Sac*FA Vi President GenOn California South, LP Rancho Cucamonga Mayor and City Council Members November 2, 2020 Page 4 EXHIBIT A ---------------------------------- 1 P'U N4 aCr Strc€i9 I r I¢#u.ri u, + i ),491 fr;?: 7 I tri ERM `73iuii 30,0 1 919 rU�i7 4711 Irvine CA 92614 "VA,( I I'I U011I 23 September 2020 Mr. John Gillison City Manager City Of Rancho Cucamonga 10500 Civic Center Drive Rancho Cucamonga, CA 91730 Reference: 0545651 Subject: Assessment of Proposed Right-of-Way Segments through 8996 Etiwanda Avenue and Neighboring Properties, City of Rancho Cucamonga Dear Mr. Gillison: On behalf of GenOn California South, LP(GenOn), ERM-West Inc. (ERM)completed an assessment of the six proposed right-of-way(ROW) segments, which the City of Rancho Cucamonga ("City")is contemplating through 8996 Etiwanda Avenue(the "Property")and neighboring properties. The City has indicated they are considering adding these new streets in a General Plan Amendment in the near future. The streets that the City is considering are depicted in the City's"Possible General Plan Amendment Streets" image (Exhibit A; the"Proposed Right- of-Way"). The GenOn Property is currently being considered for the development of an approximately 1,100,000 square foot warehouse("Project"). Attached to this letter are several exhibits depicting the Property, the Proposed ROWs, and other properties,which will be impacted by the Proposed ROWs(Exhibits A, B, and C). The Proposed ROWs,which, if implemented, would be located at least partly on the Property, are referred to as"Segments 1, 2, 3, and 4" in Exhibits B and C. Based on our assessment of the Proposed ROWs, ERM, in consultation with a traffic consultant and California legal counsel, has determined that the Proposed ROWs are not necessary, or required for circulation purposes. As discussed below, because the Proposed ROWs are not necessary, for the City to designate such property as Proposed ROWs, the City would be required to acquire the Proposed ROWs through condemnation, which would cost the City millions of dollars, assuming that the City could even legally condemn the Proposed ROWs given the incumbent uses of those properties. 1. THE PROJECT WILL NOT CREATE TRAFFIC PROB As part of this assessment, GenOn commissioned Urban Crossroads to conduct a traffic study utilizing current(pre-COVID-19 impacted)traffic counts, based upon a scoping document reviewed by the City. The July 7, 2020, Urban Crossroads study(Exhibit D "Traffic Assessment") concluded that development of the Project would not result in any traffic deficiencies to the roadway network of the City. As such, development of the Project would not require the provision of any dedications or construction of new or widened roads. The Traffic Assessment was developed based on the City's Traffic Impact Analysis Guidelines, dated June 2020. This assessment assumed that the Project would consist of a high-cube warehouse with cold-storage use comprising 10 percent of the total square footage and a ' COg ynghr 2020 E RAll AloddwiLLe Gro Lip Limited ancf.rur L t,fiiYir.�tes(t.RNA).fall RIgI I;Lu r i yr,r I`.Jc pm r7 tfw^ wudk imm,ha,r,_Fpr6LuL d ,, h,inr,nu(Yr�rl ui any f.i�ii rtr t;, trig ii snt v�tlusui�nnrr writf�,r p rrvistit, .i I;':4:M. F)age 1 ............................................................................................. ERM 23 Scptcvnbe� 2020 Oh!5651 transload and short-term storage warehouse use comprising the remaining 90 percent. The Traffic Assessment used trip generation rates based on the ITE Trip Generation Manual, 101h Edition. The assessment determined that the Project would not result in any impacts, which would violate the City's adopted General Plan standard of Level of Service ("LOS") D or better for determining traffic impacts associated with new developments. Specifically, the Traffic Assessment found that the Project would not result in any near-term traffic deficiencies to the roadway network, with all access taking place at the existing driveway west of Napa Street. In the Horizon Year of 2040, the Traffic Assessment found that the Project would contribute to a long-term cumulative deficiency at the intersection of Etiwanda Avenue and Whittram Avenue if no other changes take place in the City's roadway system. However, the construction of the roadway cross-section along Etiwanda Avenue, which is planned in the City's General Plan, and which has available funding, will eliminate this future deficiency at the Etiwanda-Whittram Avenue intersection. Therefore, the Project would not create a traffic deficiency under the City's adopted General Plan standards, and, therefore, no off-site improvements are required. It is important to note that the Traffic Assessment results do not change for the worse if access to the site is adjusted to reflect future potential access points, or if additional access points are added. Further, Urban Crossroads provided an independent review of the Proposed City ROWs(Exhibit E). Based on the review by Urban Crossroads, these new roadways may currently be perceived by the City to provide a benefit for the parcels immediately fronting them and to potentially reduce traffic volumes on certain segments/intersections along 4th Street and Etiwanda Avenue, immediately adjacent to these new roadways; however, the Urban Crossroads study demonstrates that these new connections would provide only marginal improvements to the parcels immediately fronting the Proposed ROWs and would not generate a significant benefit to the circulation in the greater region. Additionally, several of the proposed roadways will not voluntarily be accepted by existing property owners or are likely not feasible, as they overlap existing buildings and infrastructure, and would promote public travel through and across areas with high public safety and risk elements. In fact, the newly proposed roads would encourage diversion of traffic flow from Etiwanda Avenue onto side streets not designed for truck traffic, potentially causing congestion and traffic safety impacts along these bypasses. 2. SCE HAS PREVIOUSLY DENIED THE PROPOSED SEGMENT'S ACROSS SCE PROPERTY During previous meetings held with the City by GenOn, ERM, Southern California Edison ("SCE"), Cushman Wakefield ("CW"), and a number of prospective developers interested in purchasing and redeveloping the Property, the City has stated that a full build-out of the Property would require a public road to be routed south of the Property, through SCE's property, to 6th Street(Segment 2). GenOn consulted with SCE,who is also looking to develop a portion of their property as a training center, regarding the potential public street through the middle of their property. SCE evaluated the potential for a public street and based on the extensive high voltage and utility infrastructure, including a substation, switchyard, and electric generating facility, ultimately determined a public road was not feasible and issued a denial letter to GenOn on February 20, 2020. The denial letter was previously provided to the City and is included in Exhibit F. However, GenOn and SCE have discussed accommodations involving SCE land that would provide secondary emergency access ------------- I I • �K, between the proposed SCE training center and the Property from 6th Street. This proposed emergency access would alleviate the City's concern of insufficient emergency access on the west side of the Property. . A NEXUS DOES NOT EXIST BETWEEN THE .l CT AND SEGMENTS , Z 3, OR 4 The City can impose conditions of approval on development applications, only when: (1)there is a nexus between the development and the condition;-and (2) there exists a"rough proportionality" between the nature and extent of the dedication and the impact of the proposed development.' These are the so-called Nollan and Dolan tests. Here the Nollan test of a project nexus is diapositive and the City cannot legally require the dedication of additional ROWs as depicted in Segments 1, 2, 3, or 4. Without a nexus, the City cannot require dedication of any of the General Plan Amendment Proposed ROWs surrounding the Property because it lacks a nexus between the anticipated impacts of future development in the area and the proposed streets. The City's General Plan Environmental Impact Report("EIR")Year 2030 Intersection LOS projection showed four failures based on projected future conditions, two of which are relatively close to the Property: Etiwanda Avenue at Arrow Highway would be at LOS Level F without improvements, and Etiwanda Avenue at Foothill Boulevard would be at LOS Level E without improvements.' Both intersections would comply with City standards following construction of improvements; however, none of the improvements identified for either intersection involve any of the Proposed ROWs.3 The City's General Plan Amendment Mobility Report only identifies one new street, which is needed to facilitate circulation along the north rim of the City, which is not one of the Proposed ROWs surrounding the Property.4 The City cannot demonstrate a connection between future development surrounding the Property and its General Plan Amendment Proposed ROWs because the City's projection of traffic, based on future development, shows that the Proposed ROWs are not necessary. 4. THE PROPOSED ROADWAYSY The segments the City is proposing would be locally serving collector streets, as shown in Exhibit B, in the vicinity surrounding the Property as a part of the City's General Plan update. However, the potential for additional traffic from the block containing the Property is limited to the Project and the neighboring proposed SCE training center. The majority of the block is already developed by the SCE substation, SCE switchyard, and SCE electric generating facility, as well as the IEUA tanks. These developed properties have extremely low traffic, which means that there would be negligible additional future development or traffic impact in the immediate area surrounding the Property. 'Nollan v. California Coastal Com'n(1987)483 U.S.825,837;Dolan v. City of Tigard(1994)512 U.S.374,398. 2General Plan EIR,February 16,2010,p.4.16-26. 3General Plan EIR,February 16,2010,p.4.16-27. 4Mobility Report,p.26. FIR M Furthermore, the City's Proposed ROVVo would only benefit limited and undefined potential businesses which would front the new roads5, and will provide little to no circulation benefit. The unnecessary nature of these proposed roads is explained in detail in Urban Crossroads' memorandum dated July 22. 202O. uo summarized below. • Segment 1: The Traffic Assessment determined that this roadway is unnecessary because all current and projected future traffic could be supported by the existing access via Napa Street and EtiwandoAvenue. Segment 1 has virtually no circulation benefit because its western and eastern endpoints do not connect with roadways at either endpoint. 0enouoa Segment is unnecessary and apparently would be situated solely on GenOn property, this would expose the City to a large condemnation bill if it chose to condemn the property needed for Segment 1. • Segment 2: This is a non-aligned roadway with mid-block intersections in conflict with City planning goals, such as limiting impacts to adjacent properties, as stated in the Traffic Assessment. We understand that SCE has already rejected voluntarily dedicating this segment. Because Segment 2 is unlikely to be constructed, the remaining proposed streets will have virtually no utility. • Sagment3: This segment would provide direct access to Etiwanda Avenue for the parcels to the west and could actually serve to create additional traffic and exacerbate congestion at the Napa Street and Etiwanda Avenue intersection. The western parcels which would be served include the SCE substation, which has private access to 6th Street,which is adequate for its use, and the IEUA, which has daily traffic of only a few cars and can already access Etiwanda Avenue via Napa Street. • Segment 4: This segment appears to primarily benefit SCE (which is not seeking or requesting increased benefits from the City), which has no more than five employees on site per day. SCE's existing private access to 6th Street is adequate because 6th Street does not have capacity issues. • Segment 5: Construction of Segment 5 would require the City to condemn and demolish a large number of existing public facilities. This segment would marginally benefit users that directly front the new connection, and would alleviate some traffic along Etiwanda Avenue, 6th Street(which has little traffic), and 4th Street, but these benefits are minimal compared with the costs and burdens associated with constructing the roadway. The majority of traffic traveling down EUvvanda Avenue would not turn on smaller streets to avoid the intersection at Etiwmnda Avenue and 4mStreet. • Segment G: This is a non-aligned roadway with midb|ook intersections in conflict with City planning parameters. Furthennnre. Segment is not needed to adequately serve fronting properties. «Though mam in no evidence that these proposed moos provide necessary u,desirable frontage sought by»vninoosos superior mthe planned use which uuos not require vmunnivo mou frontage or depend on increased namvna|trip traffic. � ...................... 23Sep�emmer2020 ewe�nceos�sos/ | � Paoes � | 5. THE PROPOSED ROWS ARE INCONSISTENT WITH THE CITY GENERAL PLAN The General Plan sits atop the City'sland-use regulation hierarchy, and ia akin ho the constitution for development in the entire City. All zoning and land-use approvals are to be consistent with the General Plan. City General Plan Po|icyCyW-7.1 states: "Continue to maintain a truck circulation system that defines truck nou0ea, directs the movement of trucks safely along major roadwayn, and minimizes truck travel on |noa| and coUodoretn*eto."6 Hene, given the industrial and institutional nature of the local faoi|ihea, trucks would be the predominant users of the Proposed ROVVa. Hnwever, all of the Proposed FlOVVa are locally serving collector streets. If the City proceeds with dedication of the Proposed ROVVn, it will be in clear violation of its own General Plan. The City's General Plan requires major arterials to be a minimum of four lanes with intersection spacing approximately every 1/8 of mile./The General Plan also requires secondary arterials to consist of four lanes, with intersection spacing approximately 330 feet. Collector streets and local roads are only two lanes with shorter intersection spacing requirements. If the City designates the Proposed RDVVa as truck routem, it would violate its General Plan policy regarding truck route designation, as well as its regulations governing street classification. If the City fails to designate the Proposed ROVVo as truck routes, the City would still violate its General P|un'etruuk route policy by directing trucks to locally serving collector streets. Because all Proposed ROVVo are |oou||y serving collector streets, the City would violate its General Plan Policy CIVI-7.1 and the principle of General Plan consistency ifit were toconstruct Proposed ROVVo, which will be undersized, aa designed for roads primarily trafficked by trucks. 6~ THE CITY CANNOT USE EMINENT DOMAIN TO CREATE THE PROPOSED ROWS DUE TO THE STATUS OF INCUMBENT PROPERTY OWNERS AND EXISTING USES The City cannot require dedication of Segments 1, 2. 3. or 4 of the Proposed ROVVn through the Property as a Project condition of approval because there is no nexus, or oonnection, between the need for these roads and the Pnojeot'o impacts or regional circulation needs. Similarly, the City lacks justification to require dedication of the Proposed ROVVo, as conditions of approval for now pnojecto, if any are pnooeooed, on the surrounding properties. If the City decides to proceed with condemnation of the necessary lands to develop the Proposed RDVVn. affected landowners would be entitled to compensation for diminution of value associated with any condemnation. *cuy General Plan,Cm'o1 - FRM The following table identifies the land that might be included in a condemnation action. . Some of the property identified in the table below is beyond the scope of our analysis, but the issues identified herein should apply generally 0n those properties aawell. Square Footage Impacted by Proposed GPA Streets Area t SOUTHERN oA)DFcRwIAeMSowCOMPANY Heavy mwustral(Rl'p 265u87 a439 E.7WANow AVENUE CAuz *eaW hmuslrA�,HJ) 170610 9m0me PONT RANCHO uucAwOmeAuo oea%ymmuslrA�w8 146,905 CALFcRwA SPEEDWAY CORPORATION *eaW hdusinaiVHl�i 47 257 ccUmmpmFoAmasRmAmoINO eeesaf Indmst0a4(mm> 1mmM1,4 INLAND eMPmsmemmONALcmMPOormG Au Heavy hdmstnad(+m� 31,827 mLAwNDs#PREuTUmsoAGENCY He"mdLsthai<Hi� 160,528 ua+nNImGpMuo *eaWmktsinai(H',� 3a13 ASSOCIATED GOVERNmEmm Irdustria w 6.% As this table indicates, to designate portions of the Property as Proposed ROWs, the City will have to condemn 352.022sq. ft. uf the Property. CVV has prepared a Value Summary of the City's likely condemnation cost to acquire the Proposed ROWs on the Property("Value Summary"). A copy of the Value Summary ia attached ae Exhibit(3to this memorandum. The Value Summary estimates that the cost of acquiring the Property's Proposed ROWs would be approximately $11.786.966. In addition, the Value Summary concludes that the Property's value would be negatively affected due to the existence of the Proposed ROWs on the Property, i.e., the City would barequired 0m compensate G*nDn for severance demagao.. The Property value would be reduced by approximately$22.6O2.448. Thus, the City would face a condemnation payment to GenOn of at least$34,369,444 if it were to condemn the identified portions of the Property to create the Proposed ROWs in addition to the legal and other transaction fees that are inherent to a condemnation action. Most of the properties surrounding the Property are owned and operated by public and quasi- public entities including SCE. The City will face substantial complexities to condemn portions of these surrounding properties. The City will have tn demonstrate that construction of the Proposed ROWs is a more necessary public use than the public uses to which the properties are currently dedicated. As discussed above, the Proposed ROWs would only benefit limited and undefined immediate businesses which front the new roads, and,further, will provide little to no regional or City-wide circulation benefit. In addition, condemnation of a public entity's land is only allowed if the condemning agency can show that the anticipated use ioa "more necessary public use.''u These Proposed ROVVe are not needed, and thus would be considered an inferior public use. The California Supreme Court has described this doctrine as a "general exemption from condemnation given to property previously put to a public use."9 If the defendant public entity objects to the taking and establishes that its property is appropriated to a public use, the plaintiff has the burden of proving that its use is more necessary.10 The condemning agency faces a rebuttable presumption that the public use of o oouoofQv.pmo.0 12e0u20. ycountyo/xmoinv Superior Court(11000)nn Cal.2doox.n4z. 1»Cndacvniv.Pmu.01200a20� - --------- property appropriated by one local public entity isa more necessary use than any use ho which the property may be put by any other local public entity.'1 A large portion of the property depicted in the Proposed ROVVn is owned by the County of San Bernardino ("County"). The Counh/, which is a political subdivision of the State of California, is viewed as having higher standing than the City, which is not a subdivision of the state, making it additionally difficult for the City to condemn the County's land.12 Furthermore, the County operates the Counh/'e West Valley Detention Center on its property. It is difficult to imagine that the City'a use of the County's land as streets with questionable utility would be a"more necessary public use"than the use of the land ooa Detention Center, for example. Construction of Segments 2. 3. 4. 5. and Swou|d also require condemnation of land owned by the Inland Empire Utilities Agency("|EUA^)and the Inland Empire Regional Composting Authority (^|ERCA^). Both the |EUAmnd the |ERCAane County-level entihea, and it is unlikely that the City could demonstrate that street construction is a "more necessary public use"than the uses, which currently take p|eoo. at the \EUAand |ERCAuihes. Finally, it is important to note that even investor-owned public utilities such as SCE benefit from the presumption requiring a condemning agency to demonstrate a "more necessary public use".13 This means that the City will be forced to argue against the presumption that SCE'aexisting facilities are a more necessary public use when trying to condemn SCE's property. The City will likely fail because itio unlikely that unnecessary roads,will be considered a more necessary public use than SCE'a facilities that generate and transmit electricity to the greater Inland Empire area through the facilities located on the land in the Proposed ROVVn..Therefore, the City likely will be unable to construct most of Segments 1, 2. 3. or 4, which are intended to pass through the Property. If the City somehow is able to condemn the public entities' land, the City must abide by the substitute facilities doctrine,which requires the City to pay for the relocation of any impacted facilities." The cost 0o the City to relocate the County. |EUA. |ERCA. and SCE facilities is hand to estimate, but it would clearly be extremely expensive. Furthermore, CEQA would require the City to study the environmental impacts associated with these relocated facilities in addition to the impact associated with the proposed roads. The environmental impacts associated with the relocations would be significant, and it is likely that the City would be required to implement substantial mitigation measures. 7. CONCLUSION The Proposed ROVVo depicted on Exhibits A'C are not necessary urrelated to the GenOn Project to improve local or regional traffic based on a Focused Traffic Assessment conducted by Urban Crossroads. Therefore, the City cannot require dedication or construction of these Proposed ROWs as a condition of approval for development of the GenOn Project. The City's efforts to implement the Proposed ROVVs on the Property and surrounding areas will be challenging, 1'Code vfQv.Pmo.0124naso. 1o800 generally,Cal.Cnnot.Art x|.&0I(o).z;Gov.Code&&00000.s0000 1usee Pacific Gas&Electric Co.x Superior Court(1oao)1oo Cal.App.oxrm. 1*See evm.Code 0uuo; State o,Cal.xKn(ymCi,. 1n4a)1nSp.uun1*.ou4. ............ ------------- expenniva, potentially dangerous, and is infeasible on nearly all properties affected, particularly the adjacent SCE property and lands owned by County government and quasi-government entities. Lastly, the Proposed ROVVa are inconsistent with the City'o General Plan and have not been sufficiently analyzed from on impact perspective and would be expected to have significant negative impacts and would not advance the CKy'oobjectives. Sincerely, Steve Williams, PG, C.H.G. Partner Attachments eunoted. 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The purpose of this work effort is to assess the potential deficiencies to peak hour intersection operations with the development of the proposed Project. The proposed Project is anticipated to include the development of 1,100,000 square feet of warehousing use. For the purposes of this traffic assessment, 10% of the total square footage is assumed to be high-cube warehouse with cold storage use with the remaining 90% of the total square footage assumed to be high-cube transload and short-term storage warehouse use. The project study area and site location are identified on Exhibit A attached to this letter. The exhibit depicts the proposed primary and secondary access points along Etiwanda Avenue and proposed emergency access through the adjacent Southern California Edison (SCE) property, as agreed upon on a preliminary basis with SCE. SUMMARY OF FINDINGS The focused traffic assessment finds that the addition of Project traffic is not anticipated to result in any near-term traffic deficiencies to the roadway network with the proposed development of 1,100,000 square feet of warehousing use with all access to and from the Project occurring from the existing driveway alignment to the west of Napa Street. The Project is anticipated to contribute to a long-term cumulative deficiency at the intersection of Etiwanda Avenue and Whittram Avenue. The improvements planned as part of the Etiwanda Avenue Grade Separation project would stop the ultimate roadway widening improvements on Etiwanda Avenue, just south of Whittram Avenue. The Etiwanda Avenue Grade Separation project is anticipated to commence construction Summer 2020 and will be completed by the end of 2021. The implementation of the planned ultimate roadway cross-section along Etiwancla Avenue (consistent with the City's General Plan) would result in acceptable peak hour operations at the intersection with Whittram Avenue and this improvement is included in the City's Development Impact Fee (DIF) program. As such, it is recommended that the Project contribute to off-site deficiencies by participating in the City's DIF program. No construction of off-site improvements or other fair share contribution is necessary. Proposed secondary access may be available for Project traffic to utilize that would be constructed as part of the Etiwanda Avenue Grade Separation project, which would allow for the Project to access a 13568-02 Letter REV Mr. Jon Sacks Gen[>n Holdings, Inc. July 7, 2O2O Page 2of5 new roadway under the grade-separation that would intersect with Napa Street, east of Etivvando Avenue. It is important to note that the near-term and long-range analysis results are the same with the proposed alternative (secondory)access connection. The secondary access is not needed as the analysis finds that all Project traffic could utilize the western driveway at Napa Street and operate at acceptable levels of service (L[]S) in the peak hours, however, the secondary access point under the grade- separation could also be utilized to accommodate necessary emergency access to the site. Although not needed operationally, the City will likely require secondary emergency access be accommodated to the site for fire/emergency response purposes. STUDY AREA & EXISTING CONDITIONS The study area has been developed based on the guidelines outlined in the City of Rancho Cucamonga's Traffic Impact Analysis Guidelines(dated June 3O2O). Although ascoping agreement had previously been prepared for the subject project, it has not been utilized in support of this focused traffic assessment due to changes in the intensity, mix of land uses for the Project, and travel patterns to and from the site. However, the analysis conducted for the purposes of this focused traffic assessment follows the City's June 2020traffic study guidelines. The study area includes the intersections where the Project is anticipated to contribute 5Oor more peak hour trips: 1. Etivvanda Avenue & Arrow Route 3. Etivvanda Avenue & VVhittrannAvenue 3. Etivvanda Avenue 8' Napa Street 4. Etivvanda Avenue 8^ /yx Street/San Bernardino Avenue Table 1 summarizes the peak hour LOS results for Existing traffic conditions. As shown on Table 1, the study area intersections are currently operating atan acceptable LC)S during the peak hours. It should be noted that traffic counts for study area intersections were conducted prior to the closures of businesses/schools and implementation of social distancing practices. As such, no adjustments have been made aside from translating the classified count data to passenger car equivalent (PCE) (based on the breakdown of truck axles) for the purposes of conducting the operations analysis. Nu traffic signal warrant analyses have been conducted for the purposes of this focused traffic assessment as all study area intersections are currently signalized. PROPOSED PROJECT Trip generation represents the amount of traffic that is attracted and produced by a development and is based upon the specific land uses planned for a given project. In order to develop the traffic characteristics of the proposed project, the trip generation rates used for this analysis are based upon information collected by the |TE as provided in their Trip Generation Manual lOm Edition (2017). Trip generation rates for the proposed Project oreshovvninTab|e2.Thetripgenerationounnrnaryi||ustrating z���Le tter � �U��� �~�, CROSSRC)ADS Mr.Jon Sacks GenOn Holdings, Inc. July 7, 2020 Page 3 of 5 daily, and peak hour trip generation estimates for the proposed Project in actual vehicles and PCE are shown in Table 3. The following ITE land use codes and vehicle mixes have been utilized for the proposed Project: • High-Cube Transload and Short-Term Storage Warehouse (ITE land use code 154): Transload facilities have a primary function of consolidation and distribution of pallet loads (or larger) for manufacturers, wholesalers, or retailers. They typically have little storage duration, high throughput, and are high-efficiency facilities. Short-term high-cube warehouses are high- efficiency distribution facilities often with custom/special features built into structure movement of large volumes of freight with only short-term storage of products. Based on the ITE Trip Generation loth Edition Supplement(February 2020), the following vehicle mix was utilized: 20% trucks during the AM peak hour, 16%trucks during the PM peak hour,and 16%daily trucks. Based on this interim guidance from the South Coast Air Quality Management District (SCAQMD), the following truck fleet mix was utilized for the purposes of estimating the truck trip generation for the site: 16.7%of the total trucks as 2-axle trucks, 20.7%of the total trucks as 3-axle trucks, and 62.6%of the total trucks as 4+-axle trucks. • High-Cube Cold Storage Warehouse (ITE land use code 157): High-cube cold storage warehouse has been used to derive site specific trip generation estimates for the proposed Project. High- cube cold storage warehouses include warehouses characterized by the storage and/or consolidation of manufactured goods (and to a lesser extent, raw materials) prior to their distribution to retail locations or other warehouses. High-cube cold storage warehouses are facilities typified by temperature-controlled environments for frozen food or other perishable products. The High-Cube Cold Storage Warehouse vehicle mix(passenger cars versus trucks) has been obtained from the ITE's Trip Generation Manual Supplement (dated February 2020). This study provides the following vehicle mix:AM Peak Hour: 73.0%passenger cars and 27.0%trucks; PM Peak Hour: 77.0% passenger cars and 23.0% trucks; Weekday Daily: 65.0% passenger cars and 35.0%trucks.The truck percentages were further broken down by axle type per the following SCAQMD recommended truck mix: 2-Axle = 34.7%; 3-Axle = 11.0%; 4+-Axle = 54.3%. As shown in Table 2, refinements to the raw trip generation estimates have been made to provide a more detailed breakdown of trips between passenger cars and trucks. Trip generation for heavy trucks was further broken down by truck type (or axle type). The total truck percentage is comprised of 3 different truck types: 2-axle, 3-axle, and 4+-axle trucks. PCE factors were applied to the trip generation rates for heavy trucks(large 2-axles, 3-axles,4+-axles). PCEs allow the typical "real-world" mix of vehicle types to be represented as a single, standardized unit, such as the passenger car, to be used for the purposes of capacity and level of service analyses. The PCE factors are consistent with the recommended PCE factors in the City's traffic study guidelines. 13568-02 Letter REV tfO URBAN CROSSROIADS � Mr. Jon Sacks G8nC)n Holdings, Inc. July 7, 2O2O Page 4of5 As shown in Table 3, the proposed Project is anticipated to generate a total of 1,622 actual vehicle trip- ends per day, with 92 AM peek hour trips and 111 PM peak hour trips. Consistent with the [it/straffic study guidelines, the peak hour operations analysis will be performed using PCE volumes. The Project is anticipated togenerate a total of 2,074 PCE trip-ends per day, with 121 PCE AM peak hour trips and 139 PCEPK4 peak hour trips. Trip distribution patterns for the P j2rt's passenger cars and trucks are consistent with other similar uses in the vicinity. E+P CONDITIONS The purpose of the E+Ptraffic conditions analysis isto determine whether the addition of Project tnafMc would result in an off-site deficiency requiring the construction of off-site improvements to improve peak hour operations. As shown on Table 4, the study area intersections are anticipated to continue to operate at an acceptable LC)Svvith the addition of Project traffic. Acceptable peak hour operations are anticipated with all Project traffic taking access from the driveway west of Napa Street and also for the alternative access with potential Project access to the east ofEtivvanda Avenue, on Napa Street via o new roadway. As such, off-site improvements are not necessary and have not been recommended. HORIZON YEAR (2040) CONDITIONS The purpose of the Horizon Year(2040)traffic conditions analysis is to determine any off-site cumulative traffic deficiencies that the Project cou|dpotentia||ycontributeto. As shown un Table S, the study area intersections are anticipated to continue to operate at an acceptable L[)S for Horizon Year /2040\ conditions, with the exception of the intersection of Etixvando Avenue and VVhittrarn Avenue. Acceptable peak hour operations are anticipated with the ultimate widening of Etiwancla Avenue as a 4- lane facility through the intersection at VVhittrarn Avenue. Acceptable peak hour operations is anticipated at the intersection ofEtivvand8Avenue at Napa Street with all Project traffic taking access from the driveway west of Napa Street and also for the alternative access with potential Project access tV the east ofEdm/anda Avenue, on Napa Street via a new roadway. As such, off-site improvements are not necessary and have not been recommended. 13568-02 Letter ncv � W����� ��' CRsSSRC>ADS; Mr. Jon Sacks GenOn Holdings, Inc. July 7, 2020 Page 5 of 5 RECOMMENDATIONS Etiwanda Avenue is designated as a Major Arterial from Foothill Boulevard to 4 th Street/San Bernardino Avenue. Major Arterials have 100-foot right-of-way with two travel lanes in each direction. Etiwanda Avenue at Whittram Avenue is currently only one lane in each direction of travel. As such, with the implementation of the widening of Etiwanda Avenue to its ultimate General Plan roadway cross-section, the intersection of Etiwanda Avenue and Whittram Avenue is anticipated to operate at acceptable LOS (see Table 6). As shown on Table 7,the improvement for the widening of Etiwanda Avenue to its ultimate General Plan roadway cross-section is included in the City's DIF and San Bernardino County Transportation Authority (SBCTA) regional list of arterials. As such, it is recommended that the Project contribute its fair share toward the future widening of Etiwanda Avenue at Whittram Avenue via pa rtici patio n/payme nt of transportation fees per the City's DIF. If you have any questions, please contact me directly at (949) 861-0177. Respectfully submitted, URBAN CROSSROADS, INC. Charlene So, PE Associate Principal Attachments 13568-02 Letter REV LIMMAN CROSSROADS l p H U O Z N C 0 N -01( Oa`ry f0 U) t0 C d' ca � a d 3� w ro w � m J -oo p - C� � o a N R N Z p N any epuemi;3 /Lrrr w I lra�� w / t(i ' U 4Jr�nf i, r/ oIE i f, v iP„✓'��,,, r uen�pnS aMef AB NMVtlO Llxtt Ja pa\ulx ua41 0056't'3lHOS OZOL/ZO/L0.351A a Pxw'xav,ay I!>ej VU914x3\OZOZ1s eW\epueMP3 101e—e,wd\'W 3lli Table 1 Intersection Analysis for Existing(2020)Conditions Intersection Approach Lanes'_ Delay Level of Traffic Northbound Southboundi Eastbound Westbound secs. Service # Intersection Controls L T R L T R LT R ,uL..uT „ R AM PM AM PM 1 Etiwanda Av.&Arrow Rt. TS 2 2 1> 1 2 1> 2 1 1> 2 2 0 41.5 42.9 D D 2 Etiwanda Av.&Whittram Av. TS 1 1 d 1 1 1 0 1 0 0 1 0 28.9 33.6 C C 3 Etiwanda Av.&Napa St. TS 1 2 0 1 2 0 0 1 0 0 1 1 11.1 15.4 B B 4 Etiwanda Av.&4th St./San Bernardino Av. TS 2 2 1 2 2 1 2 2 1 2 2 0 26.8 31.3 C C ' When a right turn is designated,the lane can either be striped or unstriped. To function as a right turn lane there must be sufficient width for right turning vehicles to travel outside the through lanes. L = Left; T = Through; R = Right; d=Defacto Right Turn; >=Right-Turn Overlap Phasing z Per the Highway Capacity Manual(6th Edition),overall average intersection delay and level of service are shown for intersections with a traffic signal or all way stop control. for intersections with cross street stop control,the delay and level of service for the worst individual movement(or movements sharing a single lane)is considered the delay and LOS for the intersection. a TS=Traffic Signal (_�'►URBAN Table 2 Trip Generation Rates ITE LU AM Peak Hour T_PM Peak Hour Daily 21 --- Fout I Land Use' Units Code r in I Total In I Out al Actual Vehicle Trip Generation Rates High-Cube Transload and Short-Term Storage Warehouse(Without Cold Storage)3 1 TSF 1 154 0.062 0.018 0.080 0.028 0.072 0.100 1.400 Passenger Cars(AM-80.0%;PM-84.0%;Daily-84.0%) 0.049 0.015 0.064 0.024 0.060 0.084 1.176 ................................................ .......................... ....................................................................................... ............, .................................... ............................................... -.....................................................................� . ............ 2-Axle Trucks(AM-3.34%;PM-2.67%;Daily-2.67%) 0.002 0.001 0.003 0.001 0.002 0.003 0.037 ................. ..................................... .......................................................................................... ........................- .................................. ......................................................................................................... 3-Axle Trucks(AM-4.14%;PM-3.31%;Daily-3.31%) 0.003 0.001 0.003 0.001 0.002 0.003 0.046 .........................................................................................................................................................................................................�............. ............................ ................................................................................. ..................................................�.......... 4-Axle+Trucks(AM-12.52%;PM-10.02%;Daily-10.02%) 0.008 0,002 0.010 0.003 0.007 0.010 0.140 High-Cube Cold Storage Warehouse 3 1 TSF] 157 0.085 0.025 0.110 0.032 0.088 0.120 2.120 Passenger Cars(AM-73.0%;PM-77.0%;Daily-65.0%) 0.062 0,018 0.080 0.025 0.067 0.092 1.378 ............... I.,.............. .................11.1.1.11.111.1...............I..", "1 1.1-1111.111............................ .............. .................................... 2-Axle Trucks(AM-9.37%;PM-7.98%; Daily-12.15%) 0.008 0.002 0.010 0.003 0.007 0.010 0.257 ............................................................11-11-1.11...............I'll, .1.1-.1-11-- �1......................................................................................................11111.111.111111''......................................... .......... -..........- I I..................I I I I-- 3-Axle Trucks(AM-2.97%;PM-2.53%;Daily-3.85%) 0.003 0.001 0.003 0.001 0.002 0.003 0.082 ................. ............................. ....................................... ................................. .................. ......................................... ................................................................................................................................... ................ ................................................................................ 4-Axle+Trucks(AM-14.66%; PM-12.49%;Daily-19.01%) 0.012 0.004 0.016 0.004 0.011 0.015 0.403 Free-Standing Discount Store 0.807 0.363 1.170 2.415 2.415 4.830 53.120 4 PassenRer Car Equivalent PCE)Trip Generation Rates High-Cube Transload and Short-Term Storage Warehouse(Without Cold Storage)3 TSF 1 154 0.062 0.018 0.080 0.028 0.072 0.100 1.400 Passenger Cars 0.049 0.015 0.064 0.024 0.060 0.084 1.176 ................... ..................... �.................... ................... ............................................... .............................................................. .................... 2-Axle Trucks(PCE 1.5) 0.003 0.001 0.004 0,001 0.003 0.004 0,056 ................... ............................................. .................................... ................................ ................... 3-Axle Trucks(PCE 2-0) 0.005 0.002 0.007 0.002 0.005 0.007 0.093 ............... .............................................................. ..................................................1161i6l".."111111611111�1111 4-Axle+Trucks(PCE 3-0) 0.023 0.007 0.030 0.008 0.022 0. .421 High-Cube Cold Storage Warehouse 3 TSF� 157 0.085 0.025 0,110 0.032 0.088 0.120 2.120 Passenger Cars 0.062 0.018 0.080 0.025 0.067 0.092 1.378 ........... ............. ............................................................... ................................................... ........,...................................................... 2-Axle Trucks(PCE 1.5) 0.012 0.004 0.015 0.004 0.010 0.014 0.386 ............ �.......................................... �, .......... .................� �,��.........................,.�.�,.�............. ...................................................................... -................-..........................-.......... 3-Axle Trucks(PCE 2.0) 0.005 0.002 0.007 0.002 0.004 0.006 0.163 ............. .......... .............. ................................... ..................I I I I I....................I.-, I .....................,�� ................................- ................................................................................�. ...................................................... 4-Axle+Trucks(PCE 3-0) 0.037 0.011 0.048 0.012 0.033 0.045 1.209 Trip Generation Source: Institute of Transportation Engineers(ITE),Trip Generation Manual Tenth Edition(2017). 2 TSF=thousand square feet 3 Vehicle Mix Source: ITE Trip Generation Handbook Supplement(2020),Appendix C. Truck Mix:South Coast Air Quality Management District's(SCAQMD)recommended truck mix,by axle type, Normalized%-Without Cold Storage:16.7%2-Axle trucks,20.7%3-Axle trucks,62.6%4-Axle trucks. Normalized%-With Cold Storage:34.7%2-Axle trucks,11.0%3-Axle trucks,54.3%4-Axle trucks. 4 PCE factors per SBCTA CMP:2-axle=1.5;3-axle=2.0;4+-axle=3.0. OURBAN CRC3SSRC>AOS Table 3 Project Trip Generation Summary AM Peak Hour PM Peak Hour Land Use Quantity Units' I In I Out Total In Out I Total Daily Project Trip Generation Summary(Actual Vehicles) _ _ _ Storage_ _ _ _ ) TSF High-Cube Transload and Short-Term Warehouse(90% 990.000 _Passenger Cars: m.....,.__ .w...w _. ._. . ..................._.,..,_,_.,_,w,._.,._. _._,._... .._.w ,4.9.,.. ___1.5._....._64_ ._..23_. _..._6� ...,..wX..83_....,_.1,1.6.4m._. Truck Trips: .. _ 2-axle: 2 1 3 1 2 3 38 _.___.__..,_ ._..,. _,._..,.,......_,._.....,_....._.a_w...__....._•___._..mw.w..._..................3-axle:............_,,,,,,...,.,.,_._.. ... .._.. .....,._,..._3....._ _._.w..__4 ...__, 1_......__2 .._..,...........3_._w..._...._46.,......,. 4+-axle: 8 2 10 3 7 10 140 ..._.._._....__Truck Trips.____....___.._,.__.__...___..___.__._..._._..__.,._..__.__.__......,_.,_w_ 134175 11 16 224....... TOTAL TRIPS(ACTUAL VEHICLES) 62 19 81 28 71 99 1,388 - _._.__._._.__ r g__.(10%�w_...w........ww.w.................._............._...._......_.,,.....,....,_, .. .,.._ 10.000 TSF . High-Cube Co Storage 1 1 ...... __.. _. Passenger Cars: .._7_. 2 9_ 3... ....7._. .-_10.. ._152.- _.,..m,_,..d,..dd.___m,_..w......,,._.................................................................................................._,...._..,._,..,.....,._..,_..,_.,,. ., ,,......,_ Truck Trips: __ _w.w._..__.........w..w__..w...._..__.._.....,_............._..........,._,_,.,_,._.,,..._..,_,2 a_xle.. ..,,. _ .._ ._._._.. _.. _1— _._0_._._.1 r__.__0 ,_.....................° 1---_ w28...,...... 3-axle __m0 _ 0___ 0 0 ___0.._,_ 1 __18,._. ___.w..._...._.,_.w.....,.._.._.._...._...__w.ww......_._.,.,..,.._....m.,.,,,m_.,4+-axle.:..._..,._..,.,._,._. ,._._,_.......,__..., -_.0_ •-_._0 w_w......... ..........°_.1_,_ 44_._..... _—Truck Trips axle _.__,...._. _. ._... 2__ _.O__,_ 2 0 2,.__. 2_._._ .82,.._, TOTAL PROJECT BUILDOUT TRIPS(ACTUAL VEHICLES) 9 2 11 3 9 12 234 TOTAL PROJECT BUILDOUT-PASSENGER CARS 56 17 73 26 67 93 1,316 TOTAL PROJECT BUILDOUT-TRUCKS(ACTUAL VEHICLES) 15 4 19 5 13 18 306 TOTAL PROJECT BUILDOUT(ACTUAL VEHICLES) 71 21 92 31 80 111 1,622 Project Trip Generation Summary(PC..) High-Cube Transload and Short-Term Storage_Warehouse(90_%) _ _ _990.000 TSF __.Passe n ermCars __. _ _.._4915 _.64_ _23._._ 6083.. 1,164 , Truck Trips: 2-axle: 56 � _ 3-axle: ._._.....___ _._._..._._�.5__ 2_. ._7_.,..,_2�....__S_....._.7.._.__._.92 4+-axle. _ 23 7 _ 30 $_ _ 2129 _.416.,.,, Truck ck Trips _ p 31 10 41 11 29 40 564 TOTAL TRIPS(PCE) 80 25 105 34 89 123 1,728 _M..110.000 TSF. ,. mm Passenger Cars:....._._.._......_........._.._............................_.._.._..._...._.._,M.._,....,._..,.,.._..,_,...._.,...___.._..__..,___--.,.,..,._.....,...,_. .,�__. �__-_9. 3°_- �._._.......10.n. 152_._.. Truck Trips: ............._.._m......_..,...,._.,....,,..,...._,.,...,........w........_...w,,,w._w..,_._w..nw,_w._._,_._,.,www._..ww..,._.2-axle:...___.,.._._.._..._.u_W..,._,_.,_....r..._.__.i_.._..__._Oi_....._a._Ow__.,........1............_....lw..._._....__42..._,. __...w........_m_.___ww ..........................._.._,.,.,..___.._...._ ._w. ._._...,.._...._.__3 axle__,..,_,._ __._.__,..,_..__1_____o.____ __._o___.._0.._.......w_0_.__._.._._.1&._... ____ _. 4 ..__ 1 _._5 _. 0_ 4.._.,._._5_.,_._.134 __.w_.__.._.._Truck Trips 6 i_ _ 7 _1._ 5.._.__._.,...6_.._ 134. TOTAL TRIPS(PCE) 13 3 16 4 12 16 346 TOTAL PROJECT-PASSENGER CARS 56 17 73 26 67 93 1,316 TOTAL PROJECT-TRUCKS(PCE) 37 11 48 12 34 46 758 TOTAL PROJECT(PCE) 93 28 121 38 101 139 2,074 1 TSF=thousand square feet Z TOTAL TRIPS=Passenger Cars+Truck Trips. Table 4 Intersection Analysis for E+P Conditions Existing(2020) E+P Delay Level of Relay Level of Traffic �secs. Service (secs,) Service # intersection Control AM PM AM PM AM PM AM PM 1 Etiwanda Av. &Arrow Rt. TS 41.5 42.9 D D 41.5 42.9 D D 2 Etiwanda Av.&Whittram Av. TS 28.9 33.6 C C 29.4 34.7 C C 3 Etiwanda Av. &Napa St. TS 11.1 15.4 B B 25.4 21.7 C C -Alternative Access 30.0 22.3 C C 4 Etiwanda Av.&4th St./San Bernardino Av. TS 26.8 31.3 C C 27.5 31.6 C C 1 Per the Highway Capacity Manual(6th Edition),overall average intersection delay and level oT service are s iown for intersections with a traffic signal or all way stop control. For intersections with cross street stop control,the delay and level of service for the worst individual movement(or movements sharing a single lane)is considered the delay and LOS for the intersection. 2 TS=Traffic Signal s The alternative access for the proposed Project assumes traffic can also utilize the future connection to Napa Street,consistent with the Etiwanda Avenue grade separation project.The proposed secondary access alternative is only evaluated for the intersection along Etiwanda Avenue that is affected by the secondary access. L0►URBAN Table 5 Intersection Analysis for Horizon Year(2040)Conditions Without Project With PrpJect Delay' Level of Delay" Level of Traffic (secs.) Service (secs.) Service # Intersection Controlz AM PM AM PIVI AM PIVI AM PIVI 1 Etiwanda Av. &Arrow Rt. TS 49.1 51.8 D D 49.1 52.2 D D 2 Etiwanda Av. &Whittrarn Av.3 TS 32.3 89.0 C F 32.5 94.8 C F 3 Etiwanda Av. &Napa St. TS 12.0 16.7 B B 26.3 23.6 C C -Alternative Access 4 30.3 23A C C 4 Etiwanda Av.&4th St./San Bernardino Av. TS 42.4 49.0 D D 43.7 49.9 D D BOLD=Level of Service(LOS)does not meet the applicable jurisdictional requirements(i.e.,unacceptable LOS). Per the Highway Capacity Manual(6th Edition),overall average intersection delay and level of service are shown for intersections with a traffic signal or all way stop control. For intersections with cross street stop control,the delay and level of service for the worst individual movement(or movements sharing a single lane)is considered the delay and LOS for the intersection. TS=Traffic Signal The future Etiwanda Avenue grade separation project is assumed to be completed,which provides 2 lanes in each direction on Etiwanda Avenue,between Whittram Avenue and Napa Street. As such,the southbound right turn lane is assumed to be restriped to a shared through-right turn lane. 4 The alternative access for the proposed Project assumes traffic can also utilize the future connection to Napa Street,consistent with the Etiwanda Avenue grade separation project.The proposed secondary access alternative is only evaluated for the intersection along Etiwanda Avenue that is affected by the secondary access. L'40�URBAN CRC)SSRCIADS Table 6 Intersection Analysis for Horizon Year(2040)Conditions With Improvements Intersection Approach Lanese delay2 Level of Traffic Northbound Southbound Eastbound Westbound: secs. Service # Intersection Control3 L T R L T R L T R L T R AM PM AMI PM 2 Etiwanda Av.&Whittram Av. Without Project° TS 1 2 0 1 2 0 0 1 0 0 1 0 28.6 44.2 C D With Project4 TS 1 2 0 1 2 0 0 1 0 0 1 0 28.8 45.5 C D When a right turn is designated,the lane can either be striped or unstriped. To function as a right turn lane there must be sufficient width for right turning vehicles to travel outside the through lanes. L= Left; T=Through; R = Right;1=Improvement z Per the Highway Capacity Manual(6th Edition),overall average intersection delay and level of service are shown for intersections with a traffic signal or all-way stop control. For intersections with cross street stop control,the delay and level of service for the worst individual movement(or movements sharing a single lane)are shown. TS=Traffic Signal ° The future Etiwanda Avenue grade separation project is assumed to be completed,which provides 2 lanes in each direction on Etiwanda Avenue,between Whittram Avenue and Napa Street. O uRs�►w zo LL LL ao N a cco a F- zU ry. V V � m m J LL L o v o U E 0. N T T a v S W W > E c y� e r� v v o 0 �n vmi a c v o E m m c � m v c o a a v a v E O L V '$'+y -tea v ¢ o C C c m V O m 0 C N m m C a 2 m u W Qj u $ o _ Vf u Y C c O W = m v M m L a a o ° Laa 4 ,E p}y a aL+ c v N �47 m C Oc O Y E C z a m n in o..0 c o d G v 0 N C o v m c mm N Q c j O O wv- O. c -p m v m m ° z0 o E +�+ w E Y ° o v i� v 0 0 W z t m m a 0 m E o a N E c o �p w m C O v m > w C y O w a v u: z° E � c m c m � c m ? 3 ,bpi+ 0 0 0 v w 7 u N O o v m 0 u Yo 2' V c m T v � — L O � L N C N C N � u � C C O � ca a` y a w w m v a c u E � E EXHIBIT � amos.eaxe St. | svmeaou | Costa a, � cx*aoao \ 49 6601994 I& URBAN CR0SSRaADS urb a m x rc,,ma�.��� July 22, 3O20 Mr.Jon Sacks GenOn Holdings, Inc. jnm.sacks@genonzorn SUBJECT: 8996 EOWANDA AVENUE WAREHOUSE PROPOSED CITY OFRANCHO CUCA&8ON0A AMENDMENT T0STREETS ANALYSIS Dear Mr. Sacks: Urban Crossroads, Inc. is pleased to provide the following summary of our review of the Proposed City of Rancho Cucamonga Amendment to Streets. It is our understanding that the City of Rancho Cucamonga is currently undergoing an update to their General Plan. As part of the update, they are proposing changes to their General Plan roadway network to require additional connections (local serving, collector streets) as shown on Exhibit A'[ in the vicinity of the proposed Project at 8996 E1ivvandaAvenue. Exhibit A was provided to the landowner in an in-person meeting with the City. The new proposed roadways would require parcels fronting these roadways to have multiple points of access to6mStreet, Napa Street, Etivvando Avenue, and 4t» Street. While these new roadways may currently be perceived by the City as a benefit for the parcels immediately fronting these roadways and may potentially reduce traffic volumes on certain segments/intersections along 4tx Street and Etivvande Avenue immediately adjacent to these new roadways, the new connections would not be a significant benefit Lo the circulation in the greater region. Additionally several of the proposed roadways will not voluntarily be accepted by the existing property owner orare likely not feasible as they cross existing buildings and infrastructure, and would occupy property with high safety and risk elements. In fact, the newly proposed roads would encourage diversion of traff ic flow from Etiwanda Avenue onto side streets not designed for truck traffic, potentially causing congestion along these bypasses. An assessment of each segment is provided below, please refer to the attached Exhibits B and C:. • Segment 1: The new northerly east-west connection (north of the Project), appears to be intended to provide secondary access to parcels to allow additional access to Napa Street (east of Etivvanda Avenue) and vice versa. Operationally, the preliminary traffic assessment for the proposed Project indicates that all traffic could be supported by the existing access via Napa Street at Etivvanda Avenue, therefore this segment is not needed. In addition, this segment provides minimal regional circulation benefit. * Segrnent2: The north-south connection shown has been rejected bySouthernCa|ifornioEdioon (SCE) as it is not feasible to implement based on the existing site infrastructure, which would need to be relocated (at an extremely high cost)' and may not be physically possible based nn the configuration of the substation. This is a non-aligned roadway with mid-block intersections that are in conflict with the City of Rancho Cucamonga Planning goals, such as limiting impacts to 20200722sowondamwwomv.docx � Mr. Jon Sacks GenOn Holdings, Inc. July 22, 2020 Page 2of3 adjacent properties (see Exhibit B). To construct Segment 2, the City would likely have to condemn property owned by SCE, and Gen(]n, because Segment 2 is not needed for adequate circulation for these properties. Given that this roadway is not needed and would risk electrical reliability to Southern California, it is questionable whether condemnation would be approved or the California Public Utility Commission would approve of a public road over SCE lands. • Segment ]: The focused traffic assessment prepared for the Project identifies that the intersection of Ebvvanda Avenue at Napa Street would operate at acceptable levels of service during the peak hours with all Project traffic without the construction of Segment 3. It is very likely that the intersection of Etiwancla Avenue at Napa Street could not support additional traffic from parcels to the west without additional improvements/enhancements to the existing intersection. This new segment would provide direct access to Etivvanda Avenue for the parcels to the west between the railroad lines and Etivvando Avenue and could actually serve tu create additional traffic and exacerbate congestion at the Napa Street-at Etiwanda Avenue intersection. � The parcels to the vveutindudethe Edison Substation, vvhichcurrently has private access to6`1 Street that is adequate for its use and the Inland Empire Utilities Agency (|EUA), which has rnininne| daily traffic (o hevv cars per day) and can access Etixvanda Avenue via Napa Street. Also, to construct Segment 3, the City would likely have to condemn property owned by SCE, |EU/, and GenOn, because Segment ] is not needed for adequate circulation for any of these properties. It is questionable whether the City legally would be able to condemn SCE or |EUA property. * Segmnent4: Segment 4 appears to benefit single existing user (SCE substatiVn), where only snna|| number of vehicles per day (5 employees maximum/day) are generated. This property currently has private access to6tx Street which is adequate to service the SCE substation because there are no capacity orcongestion issues on E/» Street. Also, to construct Segment 4, the City vvuu|d likely have to condemn property owned by SCE and GenOn, because Segment is not needed for adequate circulation for these properties. It is questionable whether the City legally would be able tu condemn SCE property. * Segment 5: Segment 5 appears to traverse property that is currently occupied by existing users, such as the County ofSan Bernardino and |EUA, with existing improvements which would have tobedemolished. In addition, the proposed roadway crosses property occupied by the county detention facility which would place a public road immediately adjacent tothe detention facility. Segment 5 could marginally benefit the users that directly front this new connection, and could alleviate some traffic along portions of Etivvanda Avenue, 6m Street (currently a |ovv traffic roadvvay\, and z t» Street in the immediate vicinity of the new connection. However, based upon existing and projected future conditions, Segment 5 is not needed to adequately service properties fronting on Segment 5. * Segment6: Segment6 would be beneficial to parcels fronting this new connection or for vehicles trying tu0o between the |'lS Freeway and 6m Street as this connection could reduce traffic on 2�nnr� o�� m�u�amu.�� ��U��.� RBAPJ CROSSROADS ����� Mr.Jon Sacks GenOn Holdings, Inc. July 22, 2020 Page 3 of 3 Etiwanda Avenue between 4 th Street and 6 th Street and also 4 th Street between this new connection and Etiwanda Avenue. It may potentially also serve other uses to the west of the rail line on 6 th Street in the future when the connection is completed over the railroad. This is a non- aligned roadway with mid-block intersections that conflict with the City of Rancho Cucamonga Planning goals, such as limiting impacts to adjacent properties. Also, based upon existing and projected future conditions, Segment 6 is not needed to adequately service properties fronting on Segment 6, and therefore, at a minimum, the City would have to attempt to condemn property owned by the County of San Bernardino. A review of the 2010 General Plan Update does not indicate the evaluation of the proposed roadway network as shown on Exhibit A-C. In addition, review of the updated General Plan Community Mobility (Chapter 3) from September 2019 also does not identify these 6 new segments. The intersections evaluated as part of the 2010 General Plan Update did not include any intersections in the immediate vicinity of the 6 segments shown, with the exception of the intersection of Etiwanda Avenue and Arrow Highway. The 2010 General Plan Update Environmental Impact Report (Transportation Section) found that the intersection of Etiwanda Avenue and Arrow Highway is anticipated to operate at acceptable levels of service with planned improvements under Year 2030 traffic conditions. As such, the new roadways do not appear to improve future intersection operations in the surrounding area and instead introduces new points of conflict (new intersections). The current General Plan Update (PlanRC) is still under development and is not anticipated to be completed and submitted to the State until early 2022. The only sections completed for the PlanRC update are for existing conditions, as such, it is not clear whether the PlanRC intends to address these new connections for future traffic conditions. If you have any questions, please contact me directly at (949) 861-0177. Respectfully submitted, URBAN CROSSROADS, INC. Charlene So, PE Associate Principal Enclosed: Exhibit A- "Possible General Plan Amendment Streets" (as provided by City) Exhibit B- Overlay of Proposed Amendment Streets Exhibit C- Parcel and Property Impact Data 20200722 Etiwando GPA Memo.docx t:�URBAN CROSSROADS r r / i/ r I r �1 uu r / ' r/ '7(��Jrl/,x`����7i� �I�l�h�1 f lYNJ"19'7�'x�yx/ x 1,s,q alrwwnnA,ejeir �d/ ///jr Ol%��GO{�IJI�fuFvT �� "1j�1�r✓��ixstr�N�o��,m,�ul�rN/Ny/rr�i�r�^N ' f'/�"oa�r�2n�✓�rJi�rlah r � / n �'� m� N / ' ��$, (Yr �� %n Y F ra J r J/r✓y r r ri r / a u, wo, fl N rewrn F r/ I/e mr �i' rF � I �� r i,.�J r� 'l,'/�//�J1'"i' � ,,.rr r P„ d�/'ti16'�'✓ir�fY�lri%dJ„„� �' > ° � ram. � �'`' /1/i ;,r Udlirytay,oi /l911�1 i a it ( i tunlrf fn CD jiD��1�1�'�i`�//r�/fir � � n' d � IfJr s 1�1;loeV'AW vn /nlw, r� �"�1, �a/// ✓ / �Jyil/ � � iy h jl IN I lac✓���'l FA u � / ,MI I f li y✓is�7br'1 I rrw N 1 p, s 6r' l� l f mP r / / aF r / � I ,�r l�;Nr a h � IJ1 �` 5„ %r f�l ��I�i➢4r //, J x � , F r VNM�JvI✓lRrm Jr/FJP% vvNo1N / �r�.� �� y�, r� -" o r�f�/�l�/1' s r 61 rrJ x,'; xa � 1 u Gr �rl ,lll/!�l�,.✓� / J�!,/ /r/� � �I fl /'N r(, >✓ � t°i� l ���'r //. / , r r, f�f/��1 r f /�j �' � � J �yj���/Ir%1 ir/��j/n/` '%r�/�✓fJ/��� �ii/P I v 1 flr P(Yp� 7 r IN u i � r l �6 ,r,ri y,,, ,ri q„✓� N r� „� � �ry ,��(k�!(/ ! 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Delivered via Electronic Mail GenOn California South, LP c/o Steve Williams, ERM February 1 , 2020 Attn.: Mr.Jonathan A.Sacks,CFA Senior Vice President,Strategy 1360 Post Oak Boulevard, Suite 2000 Houston,TX 77056 SUBJECT: Secondary Access Roadway Grant Out Request Etiwanda Substation Project Location: Etiwanda Ave. & 6th St., Rancho Cucamonga SCE File No. GRT203786375 To Whom It May Concern: Southern California Edison Company(SCE) has been involved in ongoing discussions with GenOn California South, LP (GenOn)and Environmental Resources Management(ERM)regarding the subject roadway grant out request located over the SCE property north of 6th Street,west of Etiwanda Avenue, in the City of Rancho Cucamonga.The purpose of the initial request,which was submitted by a potential buyer of the GenOn Property,was to meet a City requirement for secondary access to the Property prior to any new development taking place.In the interests of eliminating the uncertainty surrounding this requirement, GenOn and ERM have opted to take over the request and move forward with the review. Over the course of these discussions a number of different alternatives have been proposed and reviewed by SCE, with both public and private road options being considered.The subject property is considered in use and operating.The site houses two high-voltage substations as well as a number of other facilities.Additionally,the northwestern corner is planned to be developed as a new SCE training facility.Taking all of these factors into account,SCE has determined that it cannot allow public access through the property.There are multiple concerns surrounding public safety,security of critical infrastructure assets,operational hazards and ensuring utility property is utilized in the highest and best use for the public good. At the request of GenOn and ERM, SCE is currently in the process of reviewing access through the property for emergency vehicle access only.The proposal would utilize existing and planned access roads that align with SCE's current development plan along with an additional secured gate between the SCE and GenOn properties.SCE makes no warrant that this will satisfy City requirements for development and that and all related responsibility falls solely on the requestor.This proposal is still in the initial internal SCE review phase and this letter shall not be construed as an approval of any kind,conditional or otherwise. [THIS SPACE LEFT INTENTIONALLY BLANK] Page 1 of 2 P cano, CA, �H 11J":� SOUMERN CALIFORNIA EDISON An EDISON GV+Jp"@.'RNATBONA I Curnpaan) if your have any further questions, please coirntact rrue at 909-274-1870 or. aru,n�cho s sce,cor . Than you for c atact�ng SCE, SuncereRy, Ryan Nichols Senior Right-of-Way Agent. GLB.IM Land Management T�909-274-1870 1 M. 626-484- 734 2 Innovation Way, Pomona,CA 91768 ;�h�°�t Page 2 of 2 EXHIBIT Y01 "')a Pi,_,Inorb� SuO( "CV) CUSHMAN & 1111 Fill lo1 1h WAKEFIELD cl F Fix 1901 989 4,44 0 coun Jonathan A. Sacks, CFA GenOn Senior Vice President, Strategy 1360 Post Oak Blvd., Suite 2000 Houston, TX 77056 August 28, 2020 RE: Value Summary-8996 Etiwanda Avenue, Rancho Cucamonga, CA 91739(the Property) We have been requested to provide an estimate concerning the cost the City of Rancho Cucamonga(City)would have to pay if it condemned portions of the Property for public rights-of-way (ROWs) purposes. Based upon original site planning, which includes three (3) buildings (941,340sf, 266,070sf, and 11 1,880sf), and equates to a coverage ratio of 48.77% the price per square foot on the land that one could presumably pay in absence of any designation or condemnation of the ROWs would be $33.36/sf for the "as-is" dirt. This equates to an acquisition price of$90,229,748. This assumes a standardized off-set demo cost ($7/Isf before scrap sale, but $0/sf for this analysis), hard and soft costs, and shell construction costs varying based upon building size. However, all scenarios contemplate a 5% developer "going in yield" which is done in an effort to keep all comparisons uniform. The"going in yield" represents the return on cost that a developer will solve to so they can arrive at a value to pay for the land, and anticipated project costs. 5% is customarily used in our market, under current conditions, because the cap rate(or exit yield)that an investor will pay for this property once it is leased varies between 4% and 4.25% currently(if the developer decides to sell). This would leave the developer with a 75— 100 basis point spread; or profit margin for the project. It is possible that given the potential varying size of buildings that a developer may choose to develop that there could be variance in their anticipated yields. The lease rates used are reflective of today's rates and are conservative, as these rates do not contemplate rental rate escalations. If the City attempts to designate portions of the Property as ROWs, as depicted in the attached Exhibit, the latest site planning has reduced the site coverage to 38.77%. Assuming the standardized costs above, the price that a developer could presumably pay for the site is reduced rather dramatically to $25.00/sf for the "as-is" dirt. This equates to an acquisition price of$67,626,900. Therefore, if these City designations of ROWs are implemented, we estimate that these designations would lead to a decrease of the property's value of approximately $22,602,448. This represents a 25% decrease in value for the disposition. Any further restrictions, loss of additional buildable No warranty or representation,expressed or implied,is made as to the accuracy of the information contained herein,and same is submitted subject to errors, omissions,change of price,rental or other conditions,withdrawal without notice,and to any special listing conditions,imposed by our principals. land, or additional obligations, such as constructing the ROWs, would further diminish the value of the property. Other factors to consider are an increase in demo cost due \o lack of anticipated scrap sales varying between groups, increased or decreased building values based upon site efficiencies, relief of certain encumbrances, and lease up assumptions. In order to provide a conservative estimate of lost value, we have not included these factors in our valuation. In addition,we have been requested to provide an estimated value of the ROWs. VVe understand that the square footage uf the proposed ROVVuiu3S2.G22n[ Based upon the value of the ^ao-io^ dirt ofs33.3G/ef. webelieve that the value uf the ROVVaie approximately$11.768.006. Therefore, vve estimate that the City'o cost toacquire the ROVVm via condemnation ia approximately$34.380.444. Sincerely, ~ Cushman &Wakefield of California, Inc. Philip y0. Lombardo Chuck Belden Andrew Starnes Vice Chair Vice Chair Executive Director T +1 (909) 0424678 T +1 (QOA)A424S4O T+1 (0O0)Q424SS7 M +1 (900)9678868 K4 +1 (900)2146155 K4+1 (626)4225432 Lio. #OOOQ2477 Lio.#O0O44O40 Liu. #01799801 ^ wn warranty u,representation,expressed or implied,is made oom the accuracy m the information contained herein,and same m submitted subject merrors, omissions,change of price,rental or other conditions,withdrawal without notice,and to any special listing conditions,imposed by our principals. -41 Q� ao�vla ando No L u rnU 9 p N c k � W d,d d E� E p E-E- R U E E 0' �" c ■ o da °.N 2 � a`mcm E v m cn m c c N Eo AU o � d m ` c3 a ¢o o me a U m m n ,3 c m a (0 w O w O o= ry�ry oo D � w Qm � N mm w� _m � rvmm � rvz Q o 00 S S 2 2 2 S S S S Y 3 a Z - - o-- -- -- O U < c rn 'o 1.2 _ c rv24 � m m m m oO 0 U a 19 2 2 2 2 S U'p 2 2 2 T O a` a z z a z 011 00 V g pa O Z 01100 1N3WdOl3A303SN8 Lo n. 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W , w LLO Z Z Z m -z J zzz n o g g z m Z S m O a ANVdWOO NOS103 m O m R a O z z y OLL Q VINa0311V0 N83H1t105 o¢w o eMzszzo �-----� mU U any epueMil3 W z .W mwU m ¢ ¢ mpW Z — r pZ ¢ Z� 6¢ Z 0 NUz 0 OQ U rv,z nQ� m z z O N U OU v......,.�... ¢ o2Q mZZ mu�Z mwz OW o=Om mO¢ ott hU >z ow o z ��� ENil 2a mom w M,z rvtt� rv7,Oa o.0 Z. ¢ p z> 3 WU rc �a Z z M _g U © mwa �...®m md� mO m p U IIZ7 rvm o T 0ll VONOWV0I10... o OHDNVd 1NIOd 3001212 _= o ts££Z6ZZD 0 T � ® zI Yo L ANVd W00 N05103 ¢ U u VIN60JIlVO NH3Hif10S n\ N z M O w o SL£BZ6ZZ0 t z � rya0 rvZ¢ Q rvOZ _ m U E m O m ¢Za _ ANVdW00 NOSI03 4D VINH031lVD N83H1f105 hL£BZ6ZZo ANVd WOD d l All V3d m 1N3Wdln D3213033W JVJ2i1 10N101103X38 N LL£RZ6ZZ0 ZL£9Z6ZZ0 ¢ ANVdWOO NOSI03 O ry z— > VINHOA11VO NH3Hlf10S tz rvw�0n F � LLVU6ZZ0 � o>y o w 11 133H iS ` mU H0lbOSZ10 0Z, �z > O¢N 4Lt6ZZD 10 NZ�aU 0Z n rvz ¢p - m<U a0 Z m ONy ZU — h� Up — m E e�suy elueg �uoZw �o777= - rv¢ < J Mew moow No N<- O rva0 w oUO ueMllnS Agwv-A9 NMVtl0 L4*4LI.Pe\uu uaym 008 L=4'31VD6 0Z0ZILllL0-0361A0tl P*u+e1e01eoied01fy14x3\OZOz,seW\epueMB3 u0ueD\spe o�dl-W'3lLN ' From: kouach#Pchasepartners.com Sent: Wednesday, November4' 20204:19 PM To: City Clerk; McIntosh, Anne; GiUison. John;jmarkman@mvg|awzom; City Council Cc: 'David A. Parker'; 'Michael Carter'; Smith, Michael; Acuna. Vincent City Council Agenda Item 61: Urgency Zoning Ordinance No. 976 Attachments: MomtohumDeniaipdf CAUTION:This email is from outside our Corporate network. Do not click links or open attachments unless you recognize the sender and know the content is sa7fe] Dear Honorable Mayor and Members of the City Council, On behalf of Chase Partners, we understand that there will be a public hearing for the consideration of Ordinance No. 976 tonight at 7pm. |n anticipation of the hearing ve would like to deliver attached, a formal letter outlining our concerns regarding the Ordinance. We believe that for the reasons provided in our letter, an objective review and reevaluation of the Ordinance is warranted. VVe want to thank you for your attention and review of our concerns. Sincerely, Chase Partners Kenneth Quach Associate 310'689-7600P | 832-l99'97O1M (� [ S E I` A 11 7 �� E R S N oil � \ . C-T) C 1-1 AS E I) A RT NER S V.f A I V I V 1,;I ,I V I f 11 1.I & D:1 1 11 P 11 1.i November 4,2020 VIA E-MAIL [ city.derk(acily0frc.us AND USPS Mayor and Members of the City Council c/o City Clerk City of Rancho Cucamonga 10500 Civic Centei,Drive Rancho Cucamonga, CA 91730 Re: City Council Agenda Item G.1: Urgency Zoning Ordinance No. 976 Dear Honorable Mayor and Members of the City Council: We appreciate the opportunity to submit this letter to the City Council in connection with its consideration of Ordinance No. 976. We regret that this letter was not delivered sooner so as to allow you more time to consider it,but, as discussed below, it was only in the last two days that we were notified by Planning of the proposed moratorium. Chase Partners Ltd. ("Chase") is under contract to purchase from the Law Library for San Bernardino County, a vacant 1.8 acre parcel of land located at the northwest corner of Spruce Avenue and Red Oak Street("Property"). Chase has been working with City Staff for months in connection with the development of an approximately 34,000 square foot building on the Property. Moreover, Chase has spent over one hundred thousand dollars on the site for consultants, architects, engineers and deposits and preparing project plans and applications. Chase completed the City's Pre-Application process on September 15 th and filed its formal Design Review application on October 27, 2020. We understand that the City Council will consider the adoption of Urgency Zoning Ordinance No. 976 establishing an"Interim Moratorium for a Period of 45 Days on New Industrial Building Development Located (i)Within the Southeast Industrial Quadrant of the City and/or(ii)Within 500 Feet of Foothill Boulevard" (the "Moratorium"). Although the initial Moratorium will last 45 days, it has been made clear to us that the real timeframe could be well over a year. The purpose of this letter is to express our opposition to the proposed Moratorium as presented. The Moratorium, if adopted in its current form, would prevent Chase from proceeding with the entitlements and construction of its proposed building on the Property until potentially November 2022. This delay is untenable and will cause Chase to cancel its purchase contract with the Law Library. And under the circumstances, the application of the Moratorium to Chase and similarly-situated developers is inequitable. The Moratorium does not promote the City's stated purpose The City Council is poised to adopt the proposed Moratorium, which is aimed to stop the development of industrial uses on large parcels formerly used by heavy industry. While the Moratorium may accomplish that, it will also stop development on small vacant parcels that do not contribute to the impacts the Council is trying to avoid by means of the Moratorium. Moreover, development of these vacant parcels would add immediate and new tax revenues to the City. The steff report focuses on the loss of revenue to the City from closed industrial businesses and loss of sales tax revenue from those businesses. But the staff report does not discuss the countervailing scenario of the tax benefits from new development on vacant property within the Moratorium area. In the case of the Property, the sale to Chase would put a currently tax exempt parcel back on to the tax rolls. As a direct result of the sale to Chase, the City will immediately gain new property tax revenue,with additional tax and development fee revenues when the building is constructed as well as more employment in the City. We request the City Council deny Urgency Ordinance 976, or, if approved, adopt an exemption for vacant parcels less than two acres in size. The Moratorium boundary along Foothill Boulevard is unworkable The Moratorium would prohibit industrial development within 500 feet of Foothill Boulevard. This 500 foot boundary splits through many of the parcels on or near Foothill Boulevard. This of course means that a parcel which has only a few square feet located within the Moratorium area would be impacted, giving the Moratorium greater reach than intended. The staff report details the loss of heavy industrial uses in the City's southeast quadrant, specifically naming the Commercial Metals and GenOn sites as"legacy heavy industrial uses" on large tracts of land. However, the Staff report provides no details about any similar projects or changes along Foothill Boulevard, but simply states that "properties within 500 feet of Foothill Boulevard have also been identified as having similar deleterious impacts on existing businesses." We are not aware of any legacy industrial uses or large parcels along Foothill Boulevard. We again urge the City Council to deny the Moratorium or remove the Foothill Boulevard component and/or clarify that the Moratorium only applies to parcels that directly abut Foothill Boulevard. Parcels that are split by the Foothill Boulevard boundary but do not abut Foothill Boulevard should not be subject to the Moratorium. The City should have informed project applicants such as Chase of the City's plans with regard to the Moratorium much sooner than it did Chase's initial contact with the city was in April of this year and they have been working diligently with staff since August on the proposed development of the Property. Not once during this time was Chase informed of the City's intentions regarding a moratorium. Good governance requires that important information be disclosed to parties who are considering million dollar investments in the community and who are expending significant efforts and capital doing so. But it was not until after Chase had gone through the pre-application process and submitted its Design Review application that Chase was made aware of the City's intentions. This begs the question,were the Foothill properties possibly added to the Moratorium late last week to thwart Chase's efforts? Below is a summary of Chase's actions taken before Chase was made aware of the impending Moratorium: • 4/28/2020: Chase performs initial investigations into the property with Planning. • 7/2020 In reliance on the conversations with Planning and the property zoning, Chase proceeds with contracts for the acquisition of the property from Law Library. • 8/27: Chase continues it's conversations with Planning and submits its preliminary review package to Planning on this date. • 9/15: Chase receives City Department comments on preliminary review package. No comments were made about the proposed Moratorium. This was followed up with several clarifying phone calls to Planning and city staff. o Based on the City's comments and several conversations, and at significant cost, Chase updated the site plan and prepared for its formal design review submittal to reflect staff wishes to make the building appear as an office building. • 10/21: Chase's architectural team receives a call from Planning stating that Staff (Directors, Managers and Planner) may not support the project as an industrial building but said nothing about a moratorium. By this time the Design Review Package was in the final stages for submittal. • 10/27: Chase makes formal Design Review submittal as required by the City meeting all known codes,zoning and staff conditions. • 10/28: Zoom call with the City's Planning Director and others to discuss the project. 0 11/2: Chase receives a call from the Interim Planning Director informing Chase about the emergency Moratorium proposal. This is the very first notification of any moratorium. The City's adoption of the Moratorium would have significant and inequitable impacts on developers such z s Chase that entered into contractual commitments based upon the existing development regu'.ations and standards. Although Chase was in routine and frequent contact with the City, it was not until Chase submitted its Design Review application that it was told of proposed Moratorium. To ensure fairness to all concerned,we request that the Council modify the proposed Moratorium to exclude projects that have submitted formal applications prior to the effective date of the Moratorium. Any Moratorium should NOT be retroactive to a past date. Conclusion Chase understands the City's desire and right to control development,but in relation to Chase's project, we belies e that an accommodation to Chase (and others in the same position) is warranted. Accorclingly, we request that the City Council either disapprove Ordinance No. 976 or modify it in one or more of the following ways: a) Adopt an exemption for vacant parcels less than two acres in size. b) Remove the Foothill Boulevard component or clarify that the Moratorium only applies to parcels that directly abut Foothill Boulevard. Parcels that are split by the Foothill Boulevard boundary but do not abut Foothill Boulevard should not be subject to the Moratorium. c) Modify the proposed Moratorium to exclude projects that have submitted formal applications prior to the effective date of the Moratorium. No Moratorium should be enacted retroactively such as this one which is looking to roll back the clock to October 1, 2020. Thank you for your attention to our concerns. Very truly yours, Vdad 4, ;VdZ&A, President cc: City Manager,John Gillison* [John.GiIIison@cityofrc.us City Attorney,James L. Markman* [ imarkman@rwalaw.com City Planning Director,Anne McIntosh* [ Anne.McIntosh@cityofrc.us via e-mail only) | Subject FVV FVV Concerning the Warehouse Moratorium Vote Against It ------ Forwarded message --''-- From: SioneFua x Date: Tue, Nov 3, 28ZOat11:46AM Subject: FVV: Concerning the Warehouse Moratorium -Vote Against It To: » Council Member Kennedy, I sent the below email to the all of the City Council Members in Rancho Cucamonga. Five long time Rancho Cucamonga citizens in your district are going to be negatively affected by this moratorium. Two of the owners have used these properties for 3O+years and are ready to move on and retire. The other three owners are small business owners who are going to use the sale proceeds from this transaction to purchase larger properties to grow their business. If this moratorium passes, their future plans will be eliminated. I am sure these citizens are not the only ones that will be negatively affected by this moratorium if it passes. Please vote it against it. Thank you, Sione Fuoi Senior Associate 0lQN. Haven£ve.,5.qk#400. Ontario,{A81764 sfba@naioapita|.00m | Cu|BRELic#O20DO432 Direct 909-243'7619 Office 9O0-S45-2339x701Q Mobi|e818-312-4G53 Fax 909-945-2338 BioIvCardI Research naioapiia|.00mINA| Global 1S^OOO Professionals | 375+Offices 130 Countries I1.15Bi||inn+ SF Property Managed �m������=4�°�� ���������� ���KN _~ ��~ ~ If this email is with regards to a transaction,information and/or opinions expressed herein have been provided by a principal(s)in the transaction,their representative(s)or other third party sources, No warranty as to the accuracy or completeness of the information and/or opinions or capability ofthe individual providingSuch information and/or opinions is intended. Such information and/or opinions should be independently investigated and evaluated and may hot be a basis for liability of NAI Capital,Inc.or its agents.oAaRsuo.wn1yaooya From: SioneFua Sent: Monday, November Z, 2OZ05:10PIM 1 � c�- - � To: Council @Citvof RC.us Subject: Concerning the Warehouse Moratorium -Vote Against It To the Members of the City Council, My name is Sionu and | am a real estate agent specializing in the sale of industrial land in the Inland Empire. | have just received word that the City Council is meeting on Wednesday to vote on Ordinance No. 976 which will establish a moratorium on new industrial building development on all industrial zoned properties. | represent the owners of properties on Pecan Ave/Whittram Ave who are all opposed to this moratorium and will be adversely affected if this is passed by the City Council. The 5 nvvnen;are in escrow for a total price of$1O,00{l0O0 with an institutional developer and are set to dose in less than l week. These properties total around 7.5 acres and consist of old and broken down houses as well as large unimproved yards used for outside storage. The buyer isa developer who plans onpurchasing these properties tobuild a brand new state of the art logistics warehouse, which will be a major upgrade compared to what is currently on site. However, we just received word today from the Buyer that if this moratorium passes, there is a high chance they will cancel escrow and back out of the deal, and the owners of those 5 properties will be losing millions of dollars due to this uncalled for moratorium. We have been dialoging with city planners and staff on a regular basis and there has not been any inkling from staff members that a moratorium of this nature will be coming down the pipeline, which is truly disingenuous. Furthermore, I understand the need to make changes and updates to city codes to keep up with the changing nature of the current industrial real estate market. However, | believe itis bad governance to vote and immediately enact an ordinance that will affect all industrial properties. What about my clients? Is it fair tothem that this moratorium, which came out of left field, might cause them to lose millions of dollars and the 9 months of their lives that they have been working on this deal? What about the Buyer? They have been working closely with city development staff and have been lead to believe that the development will go on as laid out in the city code, however, behind the scenes development staff are working on a moratorium to stop said development. In the case ofmy clients,you might ask why would the buyer cancel? The reason is that the way the moratorium is written, there are too many variables that make a development project too risky. The moratorium can potentially be pushed out to 2 years—The buyer cannot deploy$10,000,000 of capital and not know if the moratorium is going to be 45 days or two years. The moratorium already states that the council will push the moratorium expiration date to July J021, 1O months from now. Also, after reviewing all items outlined in the moratorium,the city might put in place new development codes that will call for more costly offsite requirements, allow for less FAR, etc, which would affect the overall size and cost of the project. The overarching theme is that there are too many unknowns inthe moratorium. Since the buyer(and most developers) is a speculative builder, they cannot in good faith move forward on a prospective development project if they don't know when they will be able to build it and what development requirements are going tobe placed on them by the city. � We will be in attendance during the meeting on Wednesday and we will make our concerns known to the council. Please vote against this ordinance. Please contact me if you have any questions about our specific project. Respectfully, Lynne B. Kennedy, Mayor Pro Tern Rancho Cucamonga City Council 7211 Haven Avenue, Suite E-317 Rancho Cucamonga 91701 909-353-0475 kennedy4rancho.com 3 - - FVV 1311ZVVhbtram Avenue, Rancho Cucamonga, [A91739 Warehouse Moratorium From: Lauren Robles Sent:Tuesday, November 3, 202U4:51PM To:; City Council > Subject: 13112VVhittram Avenue, Rancho Cucamonga, [491739 Warehouse Moratorium CAUTION:This email is from outside our Corporate network. Do not click links or open attachments unless you recognize the sender and kno v the content is sa Ue Esteemed Council Members, I'm writing to express my opposition to the proposed moratorium. I've got a foreclosure sale date Mon 11/09 with a scheduled close of escrow on Fri 11/06. After all the financial hardships endured by COVID I'm being forced to close my business.This is yet another hardship that I simply can't afford. Please vote against the moratorium. Kindly, h subLect fine. � � �n�I— ^~��y�� �m'v�� 0� �,^ana��r u (909)758-89801,D/rect (909)373-5082ICxff (909)758' Ofilia Yfours 911-T � �� U �� � � �nA���0��' Go-To Flip ynvestor &YOU'r m-o, Facebook on LinkedIn 1 ^� � ^ ITEM G1. CITY COUNCIL*nEENNG—ADDITIONALCORRESPOMDENCE On Nov 4, 20Z[LatS:59 PM, Brandy 8irtcher wrote: CAUTIOW This email is from outside our Corporate network. Do not click links or open attachments unless you recognize the sender and know the content is safe' Honorable Mayor and City Council Members, My name is Brandon Birtcher, CEO of Birtcher Development, and I have had the pleasure of working with this community in the development nfa75 acre 1.6 million square foot project located in the subject area nf this proposed Reassessment Area within the SE Industrial zone ofRancho. That 3 building warehouse project is located at the SVV corner nfEtivvanda and Arrow Route. In addition, Birtcher has bid on several other projects in the study area totaling over 150 acres and as a result, we have become quite familiar with the challenges associated with some of the elements pertaining tninfrastructure. As a result of those experiences, I can say without reservation,that the planning staff and senior management of our City have been nothing but a great partner, communicating transparently and always offered creative solutions to resolving whatever challenges that our projects presented. Tonight you will be assessing whether or not you will put in place a temporary"hold" on processing new developments in this sector in order to reassess the issues that are important to our citizens pertaining to public safety, circulation, and other related fiscal impacts of the ultimate development on the City. Obviously, no one wants to endorse a short term "Moratorium" But I am confident that by taking a breath from this fast-pace development cycle we are experiencing to evaluate these handful of critical issues, that it will be time well spent for all of us. As developers, uncertainty, lack of alignment among city department objectives and unpredictable fees and off-site costs are probably the most critical elements that vve attempt to mitigate prior to closing escrow when we purchase a property. We also believe that vve bring an essential menu of jobs, increased tax base and secondary spending that filters into the local economy that is critical tn our Cik/ofuture. It is my personal opinion that by taking this"one step back" we will ultimately be taking "10 steps forward".This will allowing all the stakeholders to pause and resolve these issues that concern the leadership of the City, which in the end, will be good for all ofus. Therefore, toniQht | vviUuncharacteristicaUyendo/sexvhat | vvou|drathercaUa "Reassessnnent Period" and not a "Moratorium", so that we all might arrive at mutually beneficial set of outcomes for the City and us as developers. My support iscaveated with the following suggestions: 1) Staff would create a committee of stakeholders within l week. 3\ Staff would generate a draft schedule of meetings with attendant objectives which would serve as goals to be accomplished within no more than a5 month period. Mayor and Council Members, I believe that as stakeholders, we can trust each other in the proposed process and end up with an outcome for this planning area that will allow for the swift and thoughtful development of what will most surly be a flagship district within the Inland Empire logistics community. Respectfully submitted, 0randonBirLcher Chief Executive Officer <imagaOO1.pnQ> 450 Newport Ce0t.e[ Mve, SUIte 220 NevvpoML Beach, CA 92660 [� +1 9,49632 2292 � 8� +1 1449 6297900 � � J w Q V 5 Z ~ ZOD � z �- 0 Z .> O Oww +.. CV Z � O V a L CV z � z 0 � w oc O j ._ Ow � w � Z Q uu U. o o � E OZLo 0 Q � Q � z ? ._ O = L O 0 v OJ Z O 000oo V Lu Q - o F- w >% _ tnw v) Lu a U Z O Q OFF v O LL uj -j LU W CF < x IM 9-1 W, ;,wo U, W, z 717111 V U +� TO -Tr fg 77,7 7-7 7 ............ 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