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HomeMy WebLinkAbout2021/03/03 - Regular Meeting Agenda Packet CITY OF RANCHO CUCAMONGA L. Dor ennis Michael REGULAR MEETING AGENDA Mayor Pro Tem March 3, 2021 Lynne B. Kennedy 10500 Civic Center Drive MemberCouncils of the City riev: 01 Rancho Cucamonga, CA 91730 1w ww Ryan A. Hutchison Kristine D. Scott Sam Spagnolo FIRE PROTECTION DISTRICT BOARD—CITY COUNCIL HOUSING SUCCESSOR AGENCY-SUCCESSOR AGENCY— PUBLIC FINANCE AUTHORITY CLOSED SESSION TRI-COMMUNITIES 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 www.cityofrc.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 https://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 COVID-19 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. TRI-COMMUNITIES ROOM ROLL CALL: Mayor Michael Mayor Pro Tern Kennedy Council Members Hutchison, Scott, and Spagnolo A. ANNOUNCEMENT OF CLOSED SESSION ITEM(S) C. CITY MANAGER ANNOUNCEMENTS D. CONDUCT OF CLOSED SESSION D1. PUBLIC EMPLOYEE PERFORMANCE EVALUATION PER GOVERNMENT CODE SECTION 54957 (TITLE: CITY MANAGER). D2. 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 EXECUTIVE MANAGEMENT GROUP AND FIRE SUPPORT SERVICES — CITY D3. 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 D4. CONFERENCE WITH LEGAL COUNSEL — EXISTING LITIGATION PURSUANT TO PARAGRAPH (1) OF SUBDIVISION (D) OF SECTION 54956.9; NAME OF CASE: BRANDON DUFFIELD, DBA SO CAL CONSULTING V. WILBURN PATRICK FOWLER, et. al., SAN BERNARDINO SUPERIOR COURT, CASE NO. CIV SB 2029453 — CITY D5. 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 D6. CONFERENCE WITH LEGAL COUNSEL — EXISTING LITIGATION PURSUANT TO PARAGRAPH (1) OF SUBDIVISION (D) OF SECTION 54956.9; NAME OF CASE: PEPE'S INC. V. CITY OF RANCHO CUCAMONGA, UNITED STATES DISTRICT COURT, CENTRAL DISTRICT OF CALIFORNIA, CASE NO. 5:20CV02506JGBSP — CITY 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." D7. CONFERENCE WITH REAL PROPERTY NEGOTIATORS PER GOVERNMENT CODE SECTION 54956.8 FOR PROPERTY LOCATED AT 8810 ETIWANDA AVENUE, FURTHER IDENTIFIED AS SAN BERNARDINO COUNTY TAX ASSESSOR'S PARCEL NUMBER 0229 131 07; NEGOTIATING PARTIES, JOHN GILLISON, CITY MANAGER, REPRESENTING THE CITY OF RANCHO CUCAMONGA, AND WILLIAM A. JONES AND JOAN F. JONES, TRUSTEES OF THE JONES FAMILY TRUST OF 2010, AS TO AN UNDIVIDED 2/3 INTEREST; ROBERT BRUCE STANFORD, A WIDOWER (AN INDIVIDUAL) & WILLIAM R. RUSHING, AS SUCCESSOR TRUSTEE OF THE STRACK FAMILY TRUST, DATED MARCH 13, 2014, AS TO THE REMAINDER, OWNERS; REGARDING PRICE AND TERMS - 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 NEGOTIATORS PER 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 D10.CONFERENCE WITH REAL PROPERTY NEGOTIATORS PER GOVERNMENT CODE SECTION 54956.8 REGARDING THE FOLLOWING REAL PROPERTY-(1) REAL PROPERTY OWNED BY WALMART REAL ESTATE BUSINESS TRUST AND LOCATED AT 12549 FOOTHILL BOULEVARD IN THE CITY OF RANCHO CUCAMONGA AND FURTHER IDENTIFIED AS SAN BERNARDINO COUNTY TAX ASSESSOR'S PARCEL NUMBERS 022903238 & 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 B. PUBLIC COMMUNICATIONS ON 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 Tern Kennedy Council Members Hutchison, Scott, and Spagnolo A. AMENDMENTS TO THE AGENDA B. ANNOUNCEMENT / PRESENTATIONS 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 agenda. 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. CONSENT CALENDARS: The following Consent Calendar items are expected to be routine and noncontroversial. They will be acted upon at one time without discussion. Any item may be removed by a Council Member for discussion. Members of the City Council also sit as the Fire Board, Housing Successor Agency, Successor Agency, and Public Finance Authority. Council is acting in all capacities with respect to its actions on the Consent Calendars. D. CONSENT CALENDAR - D1. Consideration of Meeting Minutes for the Special Meeting of February 9, 2021 and Regular Meetings of February 17, 2021. 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." D2. Consideration to Approve City and Fire District Bi-Weekly Payroll in the Total Amount of $1 ,614,241 .65 and City and Fire District Weekly Check Registers (No Checks Issued to Southern California Gas Company) in the Total Amount of$5,686,734.29 Dated February 08, 2021 Through February 21, 2021. (CITY/FIRE) D3. Consideration of the 2020 Annual Review of the Development Agreement by and between SC Rancho Development Corp., a California Corporation and Empire Lakes Holding Company, LLC, a Delaware Limited Liability Company and the City of Rancho Cucamonga, Case No. DRC2015-00118. D4. Consideration to Accept Public Improvements on the North Side of Millenium Court, West and East of Mayten Avenue, South of Foothill Boulevard per the Improvement Agreement Related to Case No. SUBTPM19669, as Complete, File the Notice of Completion, and Authorize Release of Bonds. (CITY) D5. Consideration to Accept as Complete, File a Notice of Completion, and Authorize Release of Retention and Bonds for the Freeway and Arterial Synchronization Project. (CITY) D6. Consideration of a Determination that the Yellowwood Place Connection to Foothill Marketplace Project is Categorically Exempt From the California Environmental Quality Act (CEQA) and Authorize the Filing of a Notice of Exemption. (CITY) D7. Consideration of Amendment No. 03 to the Agreement with Pacific Utility Installation, Inc. (CO19-085) in the Amount of $300,845, plus a 5% Contingency for the Civic Center East Lot Electric Line Extension Project and Authorization of an Appropriation in the Amount of $118,900. (CITY) D8. Consideration of Amendment No. 1 to Contract No. 2020-023 with Community Works Design Group for Design Professional Services in the Amount of $15,000.00 to be Funded from Account No. 1274401-5650 (Grant Funds). (CITY) D9. Consideration to Adopt a Resolution Approving a Side Letter Agreement Between the City of Rancho Cucamonga and Teamsters Local 1932. (RESOLUTION NO. 2021-011) (CITY) D10.Consideration of an Increase to Erickson-Hall Construction Contract No. FD 17-005 in the Amount of $118,724, and Approval of Amendment No. 02 for Additional Construction Management Services for the New Public Safety Facility. (FIRE) E. CONSENT CALENDAR ORDINANCE(S) - SECOND READING/ADOPTION E1. Consideration of Second Reading and Adoption of Ordinance Nos. 978 and 979, to be Read by Title Only and Waive Further Reading, Amending the Municipal Code to Allow for the Deferral of Payment of Development Impact Fees and the Public Art In-Lieu Fee. (ORDINANCE NO. 978 AND ORDINANCE NO. 979) (CITY) 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." F. ADMINISTRATIVE HEARING ITEM(S) F1. Summary of Review of Results of Annual Independent Audit Concerning the Fiscal Year 2019/20 Expenditures in Landscape Maintenance Districts #1 General City, #2 Victoria, #4R Terra Vista, #6R Caryn Community, and #7 North Etiwanda, Street Lighting District #2 Residential, and Park and Recreation Improvement District#85. (CITY) F2. Discussion and Possible Action on the Impacts of Schools Reopening Plans beginning March 2021 following Closures due to COVID-19. (Verbal Report) (CITY) G. ADVERTISED PUBLIC HEARINGS ITEM(S) - CITY/FIRE DISTRICT G1. DRC2020-00482 — DR Horton - A Request for a Design Review Modification to the Day Creek Square Development Located at the Southwest Corner of Day Creek Boulevard and Base Line Road by Modifying the Current Conditions of Approval Associated with the Project Applications with the Removal of Condition #13 that Places Restrictions on the Residential Occupancy of the Day Creek Square Residential Community. (RESOLUTION NO. 2021-012) (CITY) H. CITY MANAGER'S STAFF REPORT(S) H1. Consideration to Receive and File Midyear Financial Update for the Six-Month Period Ended December 31, 2020. (CITY) H2. Consideration of a Contract with Southern California Landscape, Inc. for the "LMD-2 Victoria - Water Conservation / Landscape Renovation FY 20-21 Project" in the Amount of$633,810.00. (CITY) H3. Consideration of a Contract with Conserve Landcare for the "LMD-4R Terra Vista - Water Conservation / Landscape Renovation FY 20-21 Project" in the Amount of$405,660.00. (CITY) I. COUNCIL BUSINESS 11. Selection of a Delegate for the Southern California Association of Government's (SCAG) General Assembly. (CITY) 12. COUNCIL ANNOUNCEMENTS (Comments to be limited to three minutes per Council Member.) 13. INTERAGENCY UPDATES (Update by the City Council to the community on the meetings that were attended.) J. CITY ATTORNEY ITEMS: 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." K. IDENTIFICATION OF ITEMS FOR NEXT MEETING L. ADJOURNMENT CERTIFICATION I, Linda A. Troyan, MMC, City Clerk Services Director of the City of Rancho Cucamonga, or my designee, hereby certify under penalty of perjury that a true, accurate copy of the foregoing agenda was posted on at least Seventy-Two (72) hours prior to the meeting per Government Code 54954.2 at 10500 Civic Center Drive, Rancho Cucamonga, California and on the City's website. 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." February 9, 2021 CITY OF RANCHO CUCAMONGA CITY COUNCIL AND FIRE PROTECTION DISTRICT SPECIAL MEETING MINUTES The City of Rancho Cucamonga City Council held a special meeting on Tuesday, February 9, 2021, in Paul A. Biane Library,Second Story Exhibit Space, 12505 Cultural Center Drive, Rancho Cucamonga, California. Mayor L. Dennis Michael called the meeting to order at 8:55 a.m. Present were Councilmembers Ryan Hutchison, Kristine Scott, Sam Spagnolo, Mayor Pro Tern Lynne Kennedy, and Mayor L. Dennis Michael. Also present were: John Gillison, City Manager; Elisa Cox, Deputy City Manager/Civic and Cultural Services; Lori Sassoon, Deputy City Manager/Administrative Services; Matt Burris, Deputy City Manager/Community and Economic Development; and Linda A. Troyan, City Clerk Services Director. Deputy City Manager/Administrative Services Lori Sassoon led the pledge of allegiance. B. PUBLIC COMMUNICATIONS No public communications. C. ITEMS OF DISCUSSION C1. City Council Teambuilding Workshop Discussion on City Council Norms and Goals. City Council, along with City Manager Gillison and staff, reviewed each person's Strengths Deployment Inventory (SDI) motivational values, strengths, and conflict. Mayor Michael relayed his vision of a world-class community and district interest versus city interest. The current Council Members are the first Council elected by district, except for the Mayor's position. The meeting recessed at 10:17 a.m; reconvened at 10:30 a.m. All members were present. City Council, along with City Manager Gillison and staff, discussed governance models and reviewed Council Mission, Vision, and Values statement adopted 2020. No changes were made. Council consensus to conduct a workshop with the Planning Commission to inform them of Council's Mission, Vision and Values Statement and goals. The meeting recessed at 12:00 p.m. for lunch; reconvened at 1:17 p.m. All members were present. Council continued discussion of Mission,Vision,and Value Statements and reviewed and modified current goals. Council proposed four(4) new goals; Staff to finalize goals and bring them forward for adoption at a future City Council meeting. D. ADJOURNMENT Mayor Michael adjourned the meeting at 3:45 p.m. Respectfully submitted, Linda A. Troyan, MMC City Clerk Services Director February 9, 2021 1 City Council Special Meeting Minutes City of Rancho Cucamonga I Page 1 of 1 Page 8 February 17, 2021 CITY OF RANCHO CUCAMONGA FIRE PROTECTION DISTRICT, HOUSING SUCCESSOR AGENCY, SUCCESSOR AGENCY, PUBLIC FINANCE AUTHORITY AND CITY COUNCIL REGULAR MEETINGS MINUTES The City Council of the City of Rancho Cucamonga held a closed session on Wednesday, February 17, 2021, 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 Tern 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 None. 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 EXECUTIVE MANAGEMENT GROUP AND FIRE SUPPORT SERVICES—CITY D2. 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 D3. CONFERENCE WITH LEGAL COUNSEL— EXISTING LITIGATION PURSUANT TO PARAGRAPH (1)OF SUBDIVISION (D)OF SECTION 54956.9; NAME OF CASE:AWI BUILDERS, INC V. RANCHO CUCAMONGA FIRE PROTECTION DISTRICT, SAN BERNARDINO COUNTY SUPERIOR COURT, CASE NO. CIVDS 1928697 D4. 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 D5. CONFERENCE WITH LEGAL COUNSEL— EXISTING LITIGATION PURSUANT TO PARAGRAPH (1) OF SUBDIVISION (D) OF SECTION 54956.9; NAME OF CASE: PEPE'S INC. V. CITY OF RANCHO CUCAMONGA, UNITED STATES DISTRICT COURT, CENTRAL DISTRICT OF CALIFORNIA, CASE NO. 5:20CV02506JGBSP— CITY February 17, 2021 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 7 Page 9 D6. CONFERENCE WITH REAL PROPERTY NEGOTIATORS PER GOVERNMENT CODE SECTION 54956.8 FOR PROPERTY LOCATED AT 8810 ETIWANDA AVENUE, FURTHER IDENTIFIED AS SAN BERNARDINO COUNTY TAX ASSESSOR'S PARCEL NUMBER 0229 131 07; NEGOTIATING PARTIES, JOHN GILLISON, CITY MANAGER, REPRESENTING THE CITY OF RANCHO CUCAMONGA, AND WILLIAM A. JONES AND JOAN F. JONES, TRUSTEES OF THE JONES FAMILY TRUST OF 2010, AS TO AN UNDIVIDED 2/3 INTEREST; ROBERT BRUCE STANFORD, A WIDOWER (AN INDIVIDUAL) & WILLIAM R. RUSHING, AS SUCCESSOR TRUSTEE OF THE STRACK FAMILY TRUST, DATED MARCH 13, 2014, AS TO THE REMAINDER, OWNERS; REGARDING PRICE AND TERMS - CITY D7. CONFERENCE WITH REAL PROPERTY NEGOTIATORS PER GOVERNMENT CODE SECTION 54956.8 FOR PROPERTY GENERALLY LOCATED AT 8583 ETIWANDA AVENUE, RANCHO CUCAMONGA, CA AND FURTHER IDENTIFIED AS SAN BERNARDINO COUNTY TAX ASSESSOR'S PARCEL NUMBER 022914113. NEGOTIATING PARTIES, JOHN GILLISON, CITY MANAGER, REPRESENTING THE CITY OF RANCHO CUCAMONGA, AND PATTI FEIST, OVERLAND, PACIFIC AND CUTLER, 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 D8. 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, AND PATTI FEIST, OVERLAND, PACIFIC AND CUTLER, 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 D9. CONFERENCE WITH REAL PROPERTY NEGOTIATORS PER GOVERNMENT CODE SECTION 54956.8 FOR PROPERTIES LOCATED AT: 7089 ETIWANDA AVE. (APN 0227- 12156); HAVEN AVE. (APN:020833147); HAVEN AVE. (APN:020833140); 8340 UTICA AVE. (APN:0208 353 06); 9612 SAN BERNARDINO ROAD (APN:0208 131 83); 9547 SAN BERNARDINO ROAD (APN:020815107); 9561 SAN BERNARDINO ROAD (APN: 0208151- 17); NEGOTIATING PARTIES JOHN GILLISON, CITY MANAGER AND LORI SASSOON, DEPUTY CITY MANAGER REPRESENTING THE CITY OF RANCHO CUCAMONGA; AND VOLUNTEERS OF AMERICA OF LOS ANGELES (VOALA), REGARDING PRICE AND TERMS. —CITY/FIRE E. RECESS The closed session recessed at 6:30 p.m. February 17, 2021 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 7 Page 10 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 February 17, 2021 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 and Linda Troyan, MMC, City Clerk Services Director. Council Member Hutchison led the Pledge of Allegiance. Responding to the spread of the Coronavirus(COVID-19)and social distancing requirements, City Manager Gillison announced that due to recent changes in 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. A. AMENDMENTS TO THE AGENDA Mayor Michael announced staff requested item H2 will be continued to the March 3rd meeting. B. ANNOUNCEMENTS/PRESENTATIONS B1. Recognition of the RC Cares Program Team. Justine Garcia, Interim Deputy Director of Engineering and Noah Daniels, Finance Manager, provided a video featuring and recognizing the RC Cares Program and Team members who worked on program. 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. No public communications were made. D. CONSENT CALENDAR D1. Consideration of Meeting Minutes for the Regular Meetings of February 3, 2021. D2. Consideration to Approve City and Fire District Bi-Weekly Payroll in the Total Amount of$1,665,379.80 and City and Fire District Weekly Check Registers(Excluding Checks Issued to Southern California Gas Company) in the Total Amount of$4,760,812.63 Dated January 25, 2021 Through February 07, 2021 and City and Fire District Electronic Debit Registers for the Month of January in the Total Amount of$1,048,306.45. (CITY/FIRE) February 17, 2021 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 7 Page 11 D3. Consideration to Approve City and Fire District Weekly Check Registers for Checks Issued to Southern California Gas Company in the Total Amount of$28,271.67 Dated January 25,2021 Through February 07, 2021. (CITY/FIRE) D4. Consideration to Receive and File Current Investment Schedules as of January 31, 2021 for the City of Rancho Cucamonga and the Rancho Cucamonga Fire Protection District. (CITY/FIRE) D5. Consideration to Accept as Complete, File the Notice of Completion and Authorize Release of Retention, and Bonds for the Crossing Surface Improvement at Arrow Route Railroad Crossing Project. (CITY) D6. Consideration to Accept as Complete, File a Notice of Completion, Authorize Release of Retention and Bonds for the Southwest Cucamonga Class I Bicycle Trail, MRSC Contract No. MIL16052 Project. (CITY) D7. Consideration of a Purchase and Sale Agreement and Joint Escrow Instructions, and a Right of Entry and Access Agreement, Between the City of Rancho Cucamonga and Lightning PM, LLC, in the Real Property Located at 12977 Arrow Route in the City of Rancho Cucamonga and Further Identified as APN 0229-141-04 in Connection with the Construction of the Etiwanda East Side Widening Project. (CITY) D8. Receive and File Commission/Committee/Board Attendance Report for 2020. (CITY) MOTION: Moved by Council Member Spagnolo, seconded by Council Member Hutchison, to approve Consent Calendar Items D1 through D8, with Council Member Scott abstaining on item D3, due to her employment with Southern California Gas Company. Motion carried, 5-0. E. CONSENT CALENDAR ORDINANCE(S) - SECOND READING/ADOPTION None. F. ADMINISTRATIVE HEARING ITEM(S) F1. Consideration of a Resolution Adopting the Policies and Procedures Manual for the Transfer of Development Rights (TDR) Program and Naming the City of Rancho Cucamonga as the TDR Authority, as Outlined in the Etiwanda Heights Neighborhood Conservation Plan. (RESOLUTION NO. 2021-009) (CITY) City Manager Gillison introduced Matt Burris, Deputy City Manager and Vincent Acuna, Associate Planner, who presented a PowerPoint for Item F1. Deputy City Manager Burris noted that the City Council was provided with an updated resolution including attachments, which reflected changes recommended by the City Attorney. Deputy City Manager Burris informed that the changes were highlighted in the updated resolution,which provided more clarity on the City Council's approval of the Policies and Procedures manual, and the role of City staff to administer the TDR program. Associate Planner Acuna detailed the policies and procedures manual for the Transfer of Development Rights (TDR) Program and noted that the resolution clarifies the city's responsibility to manage the TDR program, and also clarifies the City Manager's authority to make minor changes to the TDR program documents as needed, as long as they are consistent with the Etiwanda Heights Specific Plan. Mayor Michael opened the Administrative Hearing. No public communications were made. Mayor Michael closed the Administrative Hearing. Discussion ensued on procedures for the Transfer of Development Rights (TDR) Program; property value/ appraisals; property owner rights and the City of Rancho Cucamonga's role as the TDR Authority. February 17, 2021 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 7 Page 12 MOTION: Moved by Council Member Spagnolo, seconded by Council Member Hutchison, to adopt Resolution No. 2021-009, Adopting the Policies and Procedures Manual for the Transfer of Development Rights (TDR) Program and Naming the City of Rancho Cucamonga as the TDR Authority, as Outlined in the Etiwanda Heights Neighborhood Conservation Plan. Motion carried unanimously, 5-0. G. ADVERTISED PUBLIC HEARING ITEM(S) — CITY/FIRE DISTRICT G1. Consideration of First Reading of Ordinance Nos. 978 and 979, to be Read by Title Only and Waive Further Reading, Amending the Municipal Code to Allow for the Deferral of Payment of Development Impact Fees and the Public Art in Lieu Fee. (ORDINANCE NO'S. 978 & 979) (CITY) City Manager Gillison introduced Jennifer Nakamura, Management Analyst II, who presented a PowerPoint for Item G1. Management Analyst Nakamura informed that the proposed changes would provide an option to allow payment of Development Impact Fees and Public Art in-lieu fee to be deferred to prior to final inspection and a system checks in place to ensure compliance. Mayor Michael opened the Public Hearing. Mayor Michael announced, due to COVID-19 and social distancing requirements, Public Communications for Public Hearing item G1 will be conducted telephonically. No public communications were made. Mayor Michael closed the Public Hearing. MOTION: Moved by Council Member Scott, seconded by Council Member Hutchison to introduce First Reading of Ordinance No. 978 and Ordinance No. 979 by Title only and waive further readings. Linda A. Troyan, MMC, Director of City Clerk Services, read the title of Ordinance No. 978 and Ordinance No. 979. VOTES NOW CAST ON MOTION: Moved by Council Member Scott, seconded by Council Member Hutchison to introduce First Reading of Ordinance No. 978 and Ordinance No. 979 by Title only and waive further readings. Motion carried unanimously, 5-0. H. CITY MANAGERS STAFF REPORT(S) H1. Verbal Report on January 2021 Windstorm Event. (CITY) City Manager Gillison introduced Bill Wittkopf, Public Works Services Director, who presented a PowerPoint for Item H1. Public Works Services Director Wittkopf reported on damages caused by a wind event that occurred on January 20th and 21st. He presented a January 2021 Wind Event Heat Map showcasing the affected areas that stemmed from 120 - Service Requests received by the Public Works Department. The Mayor and Members of the City Council thanked the Public Works Department and Dolt Department GIS team for their collaborative work in developing an innovative Wind Event Heat Map that will help the City not only respond but also plan ahead for future wind events. H2. Consideration to Receive and File Midyear Financial Update for the Six-Month Period Ended December 31, 2020. (CITY) Mayor Michael announced that the item would not be heard at this meeting and would be continued to the March 3, 2021 Council Meeting. February 17, 2021 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 7 Page 13 H3. Summary of Public Safety Response to 2020 Holiday Lights Display and Consideration of a Resolution Temporarily Closing Portions of Thoroughbred and Jennet Streets,West Sapphire Street and East of Turquoise Avenue, and a Portion of Turquoise Avenue Between Jennet and Thoroughbred Streets, to Pedestrian Traffic During the Area's 2021 Holiday Light Display. (RESOLUTION NO. 2021-010) (CITY) City Manager Gillison introduced Rancho Cucamonga Police Department, Deputy Melissa Harrison and Traffic Engineer, Baldwin Ngai who presented a PowerPoint for Item H3. Traffic Engineer Ngai informed that on November 2020, a collective decision between the City and the Police Department was made due to the Covid- 19 Pandemic to establish Drive-Thru only beginning on December 4th through December 24th from 5:00p.m. to 11:00p.m. with no pedestrians allowed to walk through the holiday lights display loop. Deputy Harrison noted that a guest registry portal was launched for the periods of Drive-Thru only to accommodate residents hosting events and to assist deputies to determine appropriate pedestrian access into the loop. Deputy Harrison added that the City and Police Department successfully reached residents staying at home via a Virtual Thoroughbred Tour posted online and reaching over 275,946 viewers. Staff recommended that the City Council approve Resolution No. 2021-010 to implement Drive-Thru only December 3-5 and 10-24, 2021. MOTION: Moved by Council Member Spagnolo, seconded by Council Member Scott, to adopt Resolution No. 2021-010, temporarily closing portions of Thoroughbred and Jennet Streets, West Sapphire Street and East of Turquoise Avenue, and a portion of Turquoise Avenue Between Jennet and Thoroughbred Streets, to pedestrian traffic during the area's 2021 Holiday Light Display. Motion carried unanimously, 5-0. H4. Consideration to Authorize the City Manager to Execute Professional Services Agreement with PROS Consulting Inc. in an Amount Not to Exceed $66,910 for Community Services Department Organizational and Financial Assessment and AMS Planning & Research for Victoria Gardens Cultural Center & City-wide Arts Programming Assessment in an Amount Not to Exceed $97,600. (CITY) City Manager Gillison introduced Jennifer Hunt-Gracia, Community Services Director, who presented a PowerPoint for Item H4. Community Services Director Hunt-Gracia spoke on the economic impact of COVID-19, financial sustainability of services, community needs and changing demographics. She informed that financial sustainability and assurances that revenue projection will be met is critical to operating in a post pandemic era. She recommended that the Community Services Department utilize two consulting firms: one specific to recreation services and the second specific to the operations of the Victoria Gardens Cultural Center. Discussion ensued on equitable data collection strategies; online needs assessments and community outreach to identify community needs. MOTION: Moved by Council Member Hutchison, seconded by Council Member Scott, to authorize the City Manager to execute Professional Service Agreements with PROS Consulting Inc.and AMS Planning&Research. Motion carried unanimously, 5-0. I. COUNCIL BUSINESS 11. Consideration to Approve the Re-appointments of Two Members to the Public Art Committee. (CITY) Council Member Scott reported that the Rancho Cucamonga Community and Arts Foundation recommended Board Member Pachon for re-appointment at the Executive Board meeting on January 13,2021. She also informed that the Planning Commission recommended Commissioner Dopp for re-appointment at the Planning Commission meeting on February 10, 2021. MOTION: Moved by Mayor Pro Tern Kennedy, seconded by Council Member Scott, to approve the Re- appointment of Planning Commissioner Bryan Dopp, and Community & Arts Foundation Board Member, Paula Pachon to the Public Art Committee. Motion carried unanimously, 5-0. February 17, 2021 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 7 Page 14 12. COUNCIL ANNOUNCEMENTS None. 13. INTER-AGENCY UPDATES None. J. CITY ATTORNEY ITEMS None. K. IDENTIFICATION OF ITEMS FOR NEXT MEETING None. L. ADJOURNMENT Mayor Michael adjourned the City Council Meeting at 8:37 p.m. Respectfully submitted, Linda A. Troyan, MMC City Clerk Services Director Approved: February 17, 2021 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 7 Page 15 ti NONRR � a CITY OF RANCHO CUCAMONGA m �l DATE: March 3, 2021 TO: Mayor and Members of the City Council Board of Directors President and Members of the Boards of Directors FROM: John R. Gillison, City Manager INITIATED BY: Tamara L. Oatman, Finance Director Veronica Lopez, Accounts Payable Supervisor SUBJECT: Consideration to Approve City and Fire District Bi-Weekly Payroll in the Total Amount of $1,614,241.65 and City and Fire District Weekly Check Registers(No Checks Issued to Southern California Gas Company) in the Total Amount of $5,686,734.29 Dated February 08, 2021 Through February 21, 2021. (CITY/FIRE) RECOMMENDATION: Staff recommends City Council/Board of Directors of the Fire Protection District approve payment of demands as presented. Bi-weekly payroll is $982,165.46 and $632,076.19 for the City and the Fire District, respectively. Weekly check register amounts are $5,576,792.53 and $109,941.76 for the City and the Fire District, respectively. 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 Register Page 16 CITY OF RANCHO CUCAMONGA AND RANCHO CUCAMONGA FIRE PROTECTION DISTRICT Excluding So Calif Gas Company. Agenda Check Register 2/8/2021 through 2/21/2021 Check No. Check Date Vendor Name Ca Fire Amount AP 00011995 02/10/2021 CALIF GOVERNMENT VEBA/RANCHO CUCAMONGA 23,571.89 0.00 23,571.89 AP 00011996 02/10/2021 HAMPTON YOGA 157.50 0.00 157.50 AP 00011997 02/10/2021 RCCEA 1,786.00 0.00 1,786.00 AP 00011998 02/10/2021 RCPFA 12,521.59 0.00 12,521.59 AP 00011999 02/10/2021 SAN BERNARDINO CTY SHERIFFS DEPT 3,565,441.00 0.00 3,565,441.00 AP 00012000 02/10/2021 SHELL ENERGY NORTH AMERICA 223,428.55 0.00 223,428.55 AP 00012001 02/10/2021 U S DEPARTMENT OF ENERGY 7,320.54 0.00 7,320.54 AP 00012002 02/11/2021 AIRGAS USA LLC 1,659.47 359.00 2,018.47 *** AP 00012003 02/11/2021 BEST BEST&KRIEGER LLP 407.00 0.00 407.00 AP 00012004 02/11/2021 GALLS LLC 2,434.64 0.00 2,434.64 AP 00012005 02/11/2021 HOSE MAN INC 0.00 64.59 64.59 AP 00012006 02/11/2021 MINUTEMAN PRESS 621.45 0.00 621.45 AP 00012007 02/11/2021 OFFICE DEPOT 1,452.39 209.70 1,662.09 *** AP 00012008 02/11/2021 SITEONE LANDSCAPE SUPPLY LLC 1,350.95 0.00 1,350.95 AP 00012009 02/17/2021 ABSOLUTE SECURITY INTERNATIONAL INC 15,816.89 0.00 15,816.89 AP 00012010 02/17/2021 AIR EXCHANGE INC 6,150.58 0.00 6,150.58 AP 00012011 02/17/2021 CALPINE ENERGY SERVICES LP 216,750.00 0.00 216,750.00 AP 00012012 02/17/2021 ELECNOR BELCO ELECTRIC INC 100,090.66 0.00 100,090.66 AP 00012013 02/17/2021 GEOGRAPHICS 167.50 0.00 167.50 AP 00012014 02/17/2021 GREAT LAKES SEGWAY 11,240.00 0.00 11,240.00 AP 00012015 02/17/2021 RE ASTORIA 2 LLC 58,909.17 0.00 58,909.17 AP 00012016 02/17/2021 RICHARDS WATSON AND GERSHON 12,178.98 0.00 12,178.98 AP 00012017 02/17/2021 RIVERSIDE,CITY OF 6,909.00 0.00 6,909.00 AP 00012018 02/18/2021 ABC LOCKSMITHS INC 1,426.95 484.88 1,911.83 *** AP 00012019 02/18/2021 CARQUEST AUTO PARTS 744.66 0.00 744.66 AP 00012020 02/18/2021 CRAFCOINC 1,354.03 0.00 1,354.03 AP 00012021 02/18/2021 DUMBELL MAN FITNESS EQUIPMENT,THE 0.00 750.00 750.00 AP 00012022 02/18/2021 EMCOR SERVICES 43,729.50 425.00 44,154.50 *** AP 00012023 02/18/2021 MCFADDEN DALE HARDWARE 198.42 0.00 198.42 AP 00012024 02/18/2021 OFFICE DEPOT 1,943.25 0.00 1,943.25 AP 00012025 02/18/2021 PSA PRINT GROUP 387.90 0.00 387.90 AP 00012026 02/18/2021 SIEMENS MOBILITY INC 6,849.00 0.00 6,849.00 AP 00012027 02/18/2021 SITEONE LANDSCAPE SUPPLY LLC 3,390.83 0.00 3,390.83 AP 00012028 02/18/2021 THOMPSON PLUMBING SUPPLY INC 3,525.40 0.00 3,525.40 AP 00415712 02/10/2021 AAA ELECTRIC MOTOR SALES 0.00 420.65 420.65 AP 00415713 02/10/2021 AFLAC GROUP INSURANCE 24.58 0.00 24.58 AP 00415714 02/10/2021 AMIR MIRZADEH 1,000.00 0.00 1,000.00 AP 00415715 02/10/2021 ANIMAL HEALTH DIAGNOSTIC CENTER 293.00 0.00 293.00 AP 00415716 02/10/2021 ARCHITERRA DESIGN GROUP 801.25 0.00 801.25 AP 00415717 02/10/2021 BOUND TREE MEDICAL LLC 0.00 262.49 262.49 AP 00415718 02/10/2021 BRIGHTVIEW LANDSCAPE SERVICES INC 21,525.12 0.00 21,525.12 AP 00415719 02/10/2021 C V W D 361.04 720.25 1,081.29 *** AP 00415723 02/10/2021 C V W D 32,607.33 0.00 32,607.33 AP 00415724 02/10/2021 CAGLE'S APPLIANCE CENTER 0.00 67.33 67.33 AP 00415725 02/10/2021 CALIFORNIA MUNICIPAL UTILITIES ASSOC 516.73 0.00 516.73 AP 00415726 02/10/2021 CALIFORNIA,STATE OF 314.11 0.00 314.11 AP 00415727 02/10/2021 CALIFORNIA,STATE OF 127.52 0.00 127.52 User: VLOPEZ-VERONICA LOPEZ Page: 1 Current Date: 02/22/2021 Report:CK_AGENDA REG_PORTRAIT_CONSOLIDATED-CK:Agenda Check Register Portrait Layout Page flme: 07:16:22 CITY OF RANCHO CUCAMONGA AND RANCHO CUCAMONGA FIRE PROTECTION DISTRICT Excluding So Calif Gas Company. Agenda Check Register 2/8/2021 through 2/21/2021 Check No. Check Date Vendor Name Ca Fire Amount AP 00415728 02/10/2021 CALIFORNIA,STATE OF 32.26 0.00 32.26 AP 00415729 02/10/2021 CALIFORNIA,STATE OF 342.73 0.00 342.73 AP 00415730 02/10/2021 CAMBRIDGE SEVEN ASSOCIATES INC 24,997.00 0.00 24,997.00 AP 00415731 02/10/2021 CHARTER COMMUNICATIONS 4,655.88 6,454.74 11,110.62 *** AP 00415732 02/10/2021 CINTAS CORPORATION #150 0.00 537.40 537.40 AP 00415733 02/10/2021 CONVERGEONE INC 13,236.50 0.00 13,236.50 AP 00415734 02/10/2021 COUNTRY ESTATE FENCE CO INC 3,641.64 0.00 3,641.64 AP 00415735 02/10/2021 COVETRUS NORTH AMERICA 854.07 0.00 854.07 AP 00415736 02/10/2021 DATA TICKET INC 5,333.10 0.00 5,333.10 AP 00415737 02/10/2021 DEER CREEK CAR WASH 1,425.00 0.00 1,425.00 AP 00415738 02/10/2021 DEPENDABLE COMPANY INC 11.00 0.00 11.00 AP 00415739 02/10/2021 DIRECTV 179.99 0.00 179.99 AP 00415740 02/10/2021 DOG WASTE DEPOT 1,034.00 0.00 1,034.00 AP 00415741 02/10/2021 EGIEBOR,BENJAMIN 514.93 0.00 514.93 AP 00415742 02/10/2021 EMERGENCY MEDICAL SERVICES AUTHORITY 0.00 3,373.00 3,373.00 AP 00415743 02/10/2021 ENVISIONWARE INC 1,450.00 0.00 1,450.00 AP 00415744 02/10/2021 FIRST AID 2000 2,234.31 0.00 2,234.31 AP 00415745 02/10/2021 FORTIN LAW GROUP 1,875.50 0.00 1,875.50 AP 00415746 02/10/2021 GARNICA,CHRISTIAN 73.36 0.00 73.36 AP 00415747 02/10/2021 GATEWAY PET CEMETERY&CREMATORY 240.00 0.00 240.00 AP 00415748 02/10/2021 GENTRY BROTHERS INC 43,974.04 0.00 43,974.04 AP 00415749 02/10/2021 GLOBALSTAR USA 158.49 0.00 158.49 AP 00415750 02/10/2021 GRAINGER 1,190.43 0.00 1,190.43 AP 00415751 02/10/2021 HAMILTON,MONIQUE 257.60 0.00 257.60 AP 00415752 02/10/2021 HAULAWAY STORAGE CONTAINERS INC 119.84 0.00 119.84 AP 00415753 02/10/2021 HD PRODUCTIONS INC 18,750.00 0.00 18,750.00 AP 00415754 02/10/2021 HILLS PET NUTRITION SALES INC 1,136.87 0.00 1,136.87 AP 00415755 02/10/2021 HOYT LUMBER CO,S M 0.00 43.55 43.55 AP 00415756 02/10/2021 IPERMIT E RATERS 323.62 0.00 323.62 AP 00415757 02/10/2021 ITERIS INC 538.75 0.00 538.75 AP 00415758 02/10/2021 ITRON INC 2,798.20 0.00 2,798.20 AP 00415759 02/10/2021 KVAC ENVIRONMENTAL SERVICES INC 2,957.00 0.00 2,957.00 AP 00415760 02/10/2021 L T HIMPELMANN INC 502.75 0.00 502.75 AP 00415761 02/10/2021 L T HIMPELMANN INC 1,135.18 0.00 1,135.18 AP 00415762 02/10/2021 LEAGUE OF CALIFORNIA CITIES 35,444.00 0.00 35,444.00 AP 00415764 02/10/2021 LOWES COMPANIES INC 3,471.26 7,080.40 10,551.66 *** AP 00415765 02/10/2021 LOZANO SMITH LLP 5,163.50 0.00 5,163.50 AP 00415766 02/10/2021 MARIPOSA LANDSCAPES INC 19,209.11 0.00 19,209.11 AP 00415767 02/10/2021 MCI 73.02 0.00 73.02 AP 00415768 02/10/2021 MIDWEST TAPE 1,796.21 0.00 1,796.21 AP 00415769 02/10/2021 MONTGOMERY HARDWARE CO 43.28 0.00 43.28 AP 00415770 02/10/2021 MUNIVE,ADRIAN 58.80 0.00 58.80 AP 00415771 02/10/2021 MUTUAL PROPANE 0.00 20.00 20.00 AP 00415772 02/10/2021 MVC ENTERPRISES INC 236,244.33 0.00 236,244.33 AP 00415773 02/10/2021 N R G CLEAN POWER INC 332.56 0.00 332.56 AP 00415774 02/10/2021 NAPA AUTO PARTS 0.00 208.48 208.48 AP 00415775 02/10/2021 NINYO&MOORE 26,694.00 0.00 26,694.00 User: VLOPEZ-VERONICA LOPEZ Page: 2 Current Date: 02/22/2021 Report:CK_AGENDA REG_PORTRAIT_CONSOLIDATED-CK:Agenda Check Register Portrait Layout Page flne: 07:16:22 CITY OF RANCHO CUCAMONGA AND RANCHO CUCAMONGA FIRE PROTECTION DISTRICT Excluding So Calif Gas Company. Agenda Check Register 2/8/2021 through 2/21/2021 Check No. Check Date Vendor Name Ca Fire Amount AP 00415776 02/10/2021 ONTRAC 41.64 0.00 41.64 AP 00415777 02/10/2021 ORKIN PEST CONTROL 877.64 1,111.28 1,988.92 *** AP 00415778 02/10/2021 PADEN,MICHELLE 1,008.00 0.00 1,008.00 AP 00415779 02/10/2021 PINNACLE PETROLEUM INC 0.00 14,836.77 14,836.77 AP 00415780 02/10/2021 PRE-PAID LEGAL SERVICES INC 60.17 0.00 60.17 AP 00415781 02/10/2021 PRISTINE UNIFORMS LLC 0.00 1,714.21 1,714.21 AP 00415782 02/10/2021 QUADIENT INC 594.87 0.00 594.87 AP 00415783 02/10/2021 SAFE-ENTRY TECHNICAL INC 0.00 180.00 180.00 AP 00415784 02/10/2021 SAN BERNARDINO CTY AUDITOR CONTROLLER 26.00 0.00 26.00 AP 00415785 02/10/2021 SAN BERNARDINO CTY FIRE CHIEF ASSOC 0.00 135.00 135.00 AP 00415786 02/10/2021 SBCTOA 0.00 50.00 50.00 AP 00415787 02/10/2021 SBPEA 2,411.83 0.00 2,411.83 AP 00415788 02/10/2021 SHERIFFS COURT SERVICES 100.00 0.00 100.00 AP 00415789 02/10/2021 SIGN SHOP,THE 0.00 296.32 296.32 AP 00415790 02/10/2021 SMITH PIPE AND SUPPLY INC 111.90 0.00 111.90 AP 00415791 02/10/2021 SOCAL OFFICE TECHNOLOGIES 112.65 11.26 123.91 *** AP 00415792 02/10/2021 SOLANO,MARSHA 118.44 0.00 118.44 AP 00415793 02/10/2021 SOUTH COAST AQMD 0.00 557.42 557.42 AP 00415798 02/10/2021 SOUTHERN CALIFORNIA EDISON 31,959.28 1,660.12 33,619.40 *** AP 00415799 02/10/2021 STOTZ EQUIPMENT 1,702.68 0.00 1,702.68 AP 00415800 02/10/2021 SYMPRO INC 4,785.35 0.00 4,785.35 AP 00415801 02/10/2021 TETRA TECH INC 5,030.00 0.00 5,030.00 AP 00415802 02/10/2021 TREASURER-TAX COLLECTOR,COUNTY 120.00 0.00 120.00 AP 00415803 02/10/2021 TRIDEN GROUP CORP 5,050.00 0.00 5,050.00 AP 00415804 02/10/2021 U S LEGAL SUPPORT INC 260.15 0.00 260.15 AP 00415805 02/10/2021 UNITED WAY 45.00 0.00 45.00 AP 00415806 02/10/2021 UNIVERSAL FLEET SUPPLY 0.00 1,265.20 1,265.20 AP 00415807 02/10/2021 UPLAND ANIMAL HOSPITAL 195.38 0.00 195.38 AP 00415808 02/10/2021 UPS 33.00 0.00 33.00 AP 00415809 02/10/2021 VAQUERA,LUIS 354.48 0.00 354.48 AP 00415810 02/10/2021 VCA CENTRAL ANIMAL HOSPITAL 172.35 0.00 172.35 AP 00415811 02/10/2021 VERIZON WIRELESS-LA 0.00 4,601.77 4,601.77 AP 00415812 02/10/2021 VERIZON WIRELESS-LA 5,608.97 0.00 5,608.97 AP 00415813 02/10/2021 VETS CHOICE RADIOLOGY 65.00 0.00 65.00 AP 00415814 02/10/2021 VICTOR MEDICAL COMPANY 2,514.28 0.00 2,514.28 AP 00415815 02/10/2021 VULCAN MATERIALS COMPANY 76.94 0.00 76.94 AP 00415816 02/10/2021 WALTERS WHOLESALE ELECTRIC CO 602.27 0.00 602.27 AP 00415817 02/10/2021 WAXIE SANITARY SUPPLY 3,815.63 0.00 3,815.63 AP 00415818 02/10/2021 WINZER CORPORATION 0.00 48.12 48.12 AP 00415819 02/10/2021 ZOETIS US LLC 108.05 0.00 108.05 AP 00415820 02/10/2021 R.L.PRUITT CONSTRUCTION INC 2,437.00 0.00 2,437.00 AP 00415821 02/10/2021 TIANA SANCHEZ INTERNATIONAL LLC 1,150.00 0.00 1,150.00 AP 00415822 02/17/2021 LMC 2,000.00 0.00 2,000.00 AP 00415823 02/17/2021 360 DEEP CLEANING LLC 0.00 4,492.50 4,492.50 AP 00415824 02/17/2021 A B FENCE COMPANY INC 9,211.07 0.00 9,211.07 AP 00415825 02/17/2021 ADOBE ANIMAL HOSPITAL 200.00 0.00 200.00 AP 00415826 02/17/2021 ALLSTAR FIRE EQUIPMENT INC 0.00 1,256.15 1,256.15 User: VLOPEZ-VERONICA LOPEZ Page: 3 Current Date: 02/22/2021 Report:CK_AGENDA REG_PORTRAIT_CONSOLIDATED-CK:Agenda Check Register Portrait Layout Page Wme: 07:16:22 CITY OF RANCHO CUCAMONGA AND RANCHO CUCAMONGA FIRE PROTECTION DISTRICT Excluding So Calif Gas Company. Agenda Check Register 2/8/2021 through 2/21/2021 Check No. Check Date Vendor Name Citv Fire Amount AP 00415827 02/17/2021 ALTUM GROUP,THE 11,129.50 0.00 11,129.50 AP 00415828 02/17/2021 AQUABIO ENVIRONMENTAL TECHNOLOGIES INC 1,450.00 0.00 1,450.00 AP 00415829 02/17/2021 ASCENT ENVIRONMENTAL INC 2,403.00 0.00 2,403.00 AP 00415830 02/17/2021 ATLAS PLANNING SOLUTIONS 11,440.00 0.00 11,440.00 AP 00415831 02/17/2021 BABCOCK LABORATORIES INC 592.00 0.00 592.00 AP 00415832 02/17/2021 BECKERT,LOUIS 80.48 0.00 80.48 AP 00415833 02/17/2021 BERNELL HYDRAULICS INC 1,222.98 0.00 1,222.98 AP 00415834 02/17/2021 BLACKSMITH SHOP,THE 6,497.80 0.00 6,497.80 AP 00415835 02/17/2021 BLESSED FARM 489.00 0.00 489.00 AP 00415836 02/17/2021 BLUE COTTON INC 11,250.00 0.00 11,250.00 AP 00415837 02/17/2021 BMP SOLUTIONS 1,336.10 0.00 1,336.10 AP 00415838 02/17/2021 BRIGHTVIEW LANDSCAPE SERVICES INC 56,075.57 0.00 56,075.57 AP 00415839 02/17/2021 BROWNE,KEGAN 16.12 0.00 16.12 AP 00415840 02/17/2021 C P CONSTRUCTION INC 51,300.00 0.00 51,300.00 AP 00415841 02/17/2021 C V W D 854.90 0.00 854.90 AP 00415846 02/17/2021 C V W D 25,315.99 647.79 25,963.78 *** AP 00415847 02/17/2021 CAL PERS LONG-TERM CARE PROGRAM 164.48 0.00 164.48 AP 00415848 02/17/2021 CENTER AVENUE INDUSTRIAL LLC 54.75 0.00 54.75 AP 00415849 02/17/2021 CERTIFIED TOWING INC 200.00 0.00 200.00 AP 00415850 02/17/2021 CINTAS CORPORATION #150 853.39 536.39 1,389.78 *** AP 00415851 02/17/2021 CIRCLEPOINT 8,004.50 0.00 8,004.50 AP 00415852 02/17/2021 CIVIC SOLUTIONS INC 10,200.00 0.00 10,200.00 AP 00415853 02/17/2021 CROWN POINTE INVESTIGATIONS LLC 0.00 8,645.00 8,645.00 AP 00415854 02/17/2021 DAY CREEK ANIMAL HOSPITAL 362.17 0.00 362.17 AP 00415855 02/17/2021 DELTA DENTAL INSURANCE COMPANY 1,143.24 0.00 1,143.24 AP 00415856 02/17/2021 DELTA DENTAL INSURANCE COMPANY 40,093.74 0.00 40,093.74 AP 00415857 02/17/2021 DEPARTMENT OF JUSTICE 0.00 49.00 49.00 AP 00415858 02/17/2021 DEPARTMENT OF JUSTICE 113.00 0.00 113.00 AP 00415859 02/17/2021 DIG SAFE BOARD 101.69 0.00 101.69 AP 00415860 02/17/2021 E GROUP,THE 450.00 0.00 450.00 AP 00415861 02/17/2021 ECORP CONSULTING INC 0.00 11,810.73 11,810.73 AP 00415862 02/17/2021 EIGHTH AVENUE ENTERPRISE LLC 2,885.39 0.00 2,885.39 AP 00415863 02/17/2021 EXPERIAN 52.00 0.00 52.00 AP 00415864 02/17/2021 FOX,DAVID 13.34 0.00 13.34 AP 00415865 02/17/2021 FRONTIER COMM 2,009.86 828.35 2,838.21 *** AP 00415866 02/17/2021 FUEL SERV 508.21 0.00 508.21 AP 00415867 02/17/2021 GEORGE HILLS COMPANY 791.90 0.00 791.90 AP 00415868 02/17/2021 GLADWELL GOVERNMENTAL SERVICES 500.00 0.00 500.00 AP 00415869 02/17/2021 GOVERNMENTJOBS.COM INC 846.56 0.00 846.56 AP 00415870 02/17/2021 GRAINGER 510.78 116.07 626.85 *** AP 00415871 02/17/2021 HAYES,COURTNEY 67.98 0.00 67.98 AP 00415872 02/17/2021 HENRY SCHEIN INC 0.00 241.46 241.46 AP 00415873 02/17/2021 HI-LINE ELECTRIC COMPANY 182.31 0.00 182.31 AP 00415874 02/17/2021 HOME DEPOT CREDIT SERVICES 1,056.01 0.00 1,056.01 AP 00415875 02/17/2021 HYDRO TEK SYSTEMS INC 589.08 0.00 589.08 AP 00415876 02/17/2021 IDEXX DISTRIBUTION INC 2,227.27 0.00 2,227.27 AP 00415877 02/17/2021 INDUSTRIAL ELECTRIC MACHINERY LLC 16,381.00 0.00 16,381.00 User: VLOPEZ-VERONICA LOPEZ Page: 4 Current Date: 02/22/2021 Report:CK_AGENDA REG_PORTRAIT_CONSOLIDATED-CK:Agenda Check Register Portrait Layout Page Wine: 07:16:22 CITY OF RANCHO CUCAMONGA AND RANCHO CUCAMONGA FIRE PROTECTION DISTRICT Excluding So Calif Gas Company. Agenda Check Register 2/8/2021 through 2/21/2021 Check No. Check Date Vendor Name Ca Fire Amount AP 00415878 02/17/2021 INTERSTATE ALL BATTERY CENTER 0.00 189.10 189.10 AP 00415879 02/17/2021 INTERVET INC 2,567.25 0.00 2,567.25 AP 00415880 02/17/2021 IRON MOUNTAIN OSDP 1,045.56 0.00 1,045.56 AP 00415881 02/17/2021 J AND S STRIPING CO INC 21,531.55 0.00 21,531.55 AP 00415882 02/17/2021 LANDORF,RICHARD 0.00 61.03 61.03 AP 00415883 02/17/2021 LANDSCAPE WEST MANAGEMENT SERVICES INC 2,816.00 0.00 2,816.00 AP 00415884 02/17/2021 LEIGHTON CONSULTING INC 0.00 18,494.30 18,494.30 AP 00415885 02/17/2021 LIFE-ASSIST INC 0.00 1,059.05 1,059.05 AP 00415886 02/17/2021 LISA WISE CONSULTING 10,121.25 0.00 10,121.25 AP 00415887 02/17/2021 MAGELLAN ADVISORS LLC 6,000.00 0.00 6,000.00 AP 00415888 02/17/2021 MARIPOSA LANDSCAPES INC 24,801.59 0.00 24,801.59 AP 00415889 02/17/2021 MARLINK SA INC 0.00 168.42 168.42 AP 00415890 02/17/2021 MERCURY DISPOSAL SYSTEM INC 573.90 0.00 573.90 AP 00415891 02/17/2021 MG PETROLEUM INC 379.00 0.00 379.00 AP 00415892 02/17/2021 MITWONG,CHALINTRA 15.91 0.00 15.91 AP 00415893 02/17/2021 MUNICIPAL EQUIPMENT MAINTENANCE ASSOCIATION 275.00 0.00 275.00 AP 00415894 02/17/2021 NAPA AUTO PARTS 86.90 1,031.90 1,118.80 *** AP 00415895 02/17/2021 NATIONAL CORE 6.55 0.00 6.55 AP 00415896 02/17/2021 NBS 22,259.35 0.00 22,259.35 AP 00415897 02/17/2021 NV51NC 12,200.71 0.00 12,200.71 AP 00415898 02/17/2021 ONLY CREMATIONS FOR PETS INC 1,405.00 0.00 1,405.00 AP 00415899 02/17/2021 ONTARIO SPAY AND NEUTER INC 1,250.00 0.00 1,250.00 AP 00415900 02/17/2021 ONTARIO,CITY OF 103.00 0.00 103.00 AP 00415901 02/17/2021 PACIFIC UTILITY INSTALLATION INC 84,600.00 0.00 84,600.00 AP 00415902 02/17/2021 PARKHOUSE TIRE INC 513.10 0.00 513.10 AP 00415903 02/17/2021 PELOTON INTERACTIVE INC 1,625.62 0.00 1,625.62 AP 00415904 02/17/2021 PEP BOYS 379.03 0.00 379.03 AP 00415905 02/17/2021 PEPE'S TOWING SERVICE 95.00 0.00 95.00 AP 00415906 02/17/2021 PERSONAL BEST&HOPE HEALTH 1,439.12 0.00 1,439.12 AP 00415907 02/17/2021 PH&S PRODUCTS LLC 0.00 4,327.50 4,327.50 AP 00415908 02/17/2021 POSTAL PERFECT 30.00 0.00 30.00 AP 00415909 02/17/2021 PRISTINE UNIFORMS LLC 0.00 154.06 154.06 AP 00415910 02/17/2021 PROBST II,GARY 0.00 295.00 295.00 AP 00415911 02/17/2021 RANCHO WEST ANIMAL HOSPITAL 100.00 0.00 100.00 AP 00415912 02/17/2021 SAFE-ENTRY TECHNICAL INC 0.00 383.35 383.35 AP 00415913 02/17/2021 SAM'S CLUB/SYNCHRONY BANK 1,305.47 2,162.66 3,468.13 *** AP 00415914 02/17/2021 SAN BERNARDINO CTY AUDITOR CONTROLLER 2,025.96 0.00 2,025.96 AP 00415915 02/17/2021 SCL 0.00 1,061.80 1,061.80 AP 00415916 02/17/2021 SHEAKLEY PENSION ADMINISTRATION 458.90 182.45 641.35 *** AP 00415917 02/17/2021 SHRED PROS 68.00 60.00 128.00 *** AP 00415918 02/17/2021 SILVER&WRIGHT LLP 0.00 303.50 303.50 AP 00415919 02/17/2021 SOUTH COAST AQMD 0.00 681.88 681.88 AP 00415923 02/17/2021 SOUTHERN CALIFORNIA EDISON 9,657.33 1,299.58 10,956.91 *** AP 00415924 02/17/2021 SOUTHERN CALIFORNIA EDISON 412.17 0.00 412.17 AP 00415925 02/17/2021 SOUTHERN CALIFORNIA EDISON 69,745.41 0.00 69,745.41 AP 00415926 02/17/2021 SOUTHERN CALIFORNIA EDISON 1,971.93 0.00 1,971.93 AP 00415927 02/17/2021 STANDARD INSURANCE COMPANY 3,734.12 0.00 3,734.12 User: VLOPEZ-VERONICA LOPEZ Page: 5 Current Date: 02/22/2021 Report:CK_AGENDA REG_PORTRAIT_CONSOLIDATED-CK:Agenda Check Register Portrait Layout Page ilme: 07:16:22 CITY OF RANCHO CUCAMONGA AND RANCHO CUCAMONGA FIRE PROTECTION DISTRICT Excluding So Calif Gas Company. Agenda Check Register 2/8/2021 through 2/21/2021 Check No. Check Date Vendor Name Ca Fire Amount AP 00415928 02/17/2021 TELFER,NATALIE 78.90 0.00 78.90 AP 00415929 02/17/2021 THE COUNSELING TEAM INTERNATIONAL 0.00 825.00 825.00 AP 00415930 02/17/2021 TIREHUB LLC 8,812.98 0.00 8,812.98 AP 00415931 02/17/2021 TORO TOWING 125.00 0.00 125.00 AP 00415932 02/17/2021 TURNER,JARED 73.78 0.00 73.78 AP 00415933 02/17/2021 U.S.BANK PARS ACCT#6746022500 1,101.84 0.00 1,101.84 AP 00415934 02/17/2021 U.S.BANK PARS ACCT#6746022500 21,225.59 0.00 21,225.59 AP 00415935 02/17/2021 UCR FOUNDATION 15,000.00 0.00 15,000.00 AP 00415936 02/17/2021 UNDERGROUND SVC ALERT OF SO CAL 137.05 0.00 137.05 AP 00415937 02/17/2021 UPS 18.57 0.00 18.57 AP 00415938 02/17/2021 URBAN ARENA 2,740.00 0.00 2,740.00 AP 00415939 02/17/2021 UTILIQUEST 620.00 0.00 620.00 AP 00415940 02/17/2021 VERIZON 28.32 0.00 28.32 AP 00415941 02/17/2021 VERONICA TAM AND ASSOCIATES 6,213.00 0.00 6,213.00 AP 00415942 02/17/2021 VISION SERVICE PLAN CA 10,386.53 0.00 10,386.53 AP 00415943 02/17/2021 VULCAN MATERIALS COMPANY 3,631.90 0.00 3,631.90 AP 00415944 02/17/2021 WALTERS WHOLESALE ELECTRIC CO 1,105.91 0.00 1,105.91 AP 00415945 02/17/2021 WAXIE SANITARY SUPPLY 1,117.01 628.81 1,745.82 *** AP 00415946 02/17/2021 WELDAY,JASON 2,000.00 0.00 2,000.00 AP 00415947 02/17/2021 WESTLAND GROUP INC 4,416.50 0.00 4,416.50 AP 00415948 02/17/2021 WESTRUX INTERNATIONAL INC 1,503.38 0.00 1,503.38 AP 00415949 02/17/2021 WILSON&BELL AUTO SERVICE 90.00 0.00 90.00 Total City: $5,576,792.53 Total Fire: $109,941.76 Grand Total: , , Note: *** Check Number includes both City and Fire District expenditures User: VLOPEZ-VERONICA LOPEZ Page: 6 Current Date: 02/22/2021 Report:CK_AGENDA REG_PORTRAIT_CONSOLIDATED-CK:Agenda Check Register Portrait Layout Page Wme: 07:16:22 CITY OF RANCHO CUCAMONGA DATE: March 3, 2021 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 of the 2020 Annual Review of the Development Agreement by and between SC Rancho Development Corp., a California Corporation and Empire Lakes Holding Company, LLC., a Delaware Limited Liability Company and the City of Rancho Cucamonga, Case No. DRC2015-00118. (CITY) RECOMMENDATION: Staff recommends that the City Council approve the 2020 Annual Review of the subject Development Agreement ("Agreement"). BACKGROUND: On September 5, 2018, the City Council adopted Ordinance 934, approving a Development Agreement (Case No. DRC2015-00118) setting forth additional terms for development of the Empire Lakes Golf Course (now referred to as The Resort). Per Section 14 of the Agreement: Annual Review; during the term of the Agreement, City shall annually review the extent of the good faith compliance by Property Owner with the terms of this Agreement. Property owner is required to file an annual report with the City indicating information regarding compliance no later than January 7 for the previous calendar year. ANALYSIS: The property owners have submitted a letter dated January 14, 2021 for calendar year 2020 (Attachment 2) and have complied with the following provisions and provided the annual review below: Agreement Section Compliance Section Section 10 (c)— Property owners shall submit an Property owners submitted the required analysis analysis to the City documenting the traffic impact to the City for review and approval. The analysis nexus of the Project's for-sale single-family was presented to and approved by the City detached units and condominium units relative to Council on November 20, 2019. the "Residential Multi-Family Attached" product for purposes of calculating development fee impact This obligation has been satisfied rates. Section 11 (A)—Joint Use Public Facility— The JUPF is located within development Phase 2 Property Owners will make an irrevocable offer of of the Project, north of 6th Street. Phase 2 is dedication to the City of approximately 1.75 net currently in the planning stage and the acres of land for the JUPF generally located within requirements of Section 11(A) are not complete Planning Area N-13 at the intersection of 7th as of this date. Page 23 Street and a future street expected to be named the "Resort Parkway" as shown on Exhibit B to the Agreement (the"Parcel"). The offer of dedication shall occur by separate instrument within ninety (90)days after(i) Property Owners have completed full public street improvements adjacent to the Parcel, or(ii) Property Owners have obtained a building permit for the 2,OOOth residential dwelling unit within the Property, whichever occurs first. Section 11(C)— Funding—The then current The threshold for this obligation has not yet been Outstanding Full amount shall be paid by Property met. Owners concurrent with, or prior to, the issuance of a building permit for the 2'000th residential dwelling unit within the Project. Section 11 (D)—Construction Schedule—City Section 11 (D)was amended by the First shall commence construction of the JUPF within Amendment to Development Agreement on eighteen (18) months of Property Owners' October 7, 2020 as follows: irrevocable offer of dedication of the Parcel and City shall commence development of the JUPF full payment of the Outstanding Full Amount, within eighteen (18) months of Property Owners' provided that City has issued certificates of irrevocable offer of dedication of the Parcel and occupancy for, and commercial uses occupy, at full payment of the Outstanding Full Amount, least 22,500 square feet of non-residential building provided the City has issued certificates of construction located south of 61h Street. occupancy for at least 22,500 square feet of non- residential building space and 2,000 residential dwell in units within the Subject Property. Section 12—Public Art— Property owners agree On January 31, 2019, Property Owners submitted to participate in the City's Public Art Program and an "Application for Installation of Artwork on comply with all the requirements of Chapter Public Property" detailing the artwork to be 17.124 of the Municipal Code and Ordinance No. installed south of 61h Street. The artwork has a 912. total value of$1,216,901. A Public Art application for the area north of 61h Street will be submitted in conjunction with the development of that area. Section 13 (A)—Camp Improvements— Property In the First Amendment to Development Owners shall improve an approximately 1.30 acre Agreement Recital D, the City acknowledges that private park within Planning Area N-15 (the Camp) the implementation of the Framework plan (as with the development of Phase 2 of the Project contemplated in the First Amendment)would (north of 61h Street)and not later than the issuance eliminate the available location and need for the of a building permit for the 2'000th dwelling unit Camp under section 13.A of the Original within the Project. Agreement, therefore, City acknowledges that Sections 13.A, 13.0 and clause (iii) of Section 13.13 in the Original Agreement related to the Camp should terminate if the Framework Plan is a roved b the City. Section 13 (B)— Formation of Property Owners The Master Declaration of Covenants, Conditions Association. Prior to issuance of the first building and Restrictions and Reservation of Easements permit for the Project, Property Owners shall for The Resort was recorded in the official records record a declaration of covenants, conditions, and of the County of San Bernardino on November restrictions ("CCR's")for the Subject property that 30, 2018. forms a master property owners association (the "Association"), This obligation is complete as to Phase 1 of the Project for the homes south of 6th Street. Section 2.2—Specific Plan Amendments (from The Amendment to the Specific Plan deleting the First Amendment to Development Agreement) condition requiring construction of an interim (A) Interim Access Condition—City agrees to access road was approved by the City Council on process an amendment to the Specific I September 16, 2020. Page 2 Page 24 Plan in order to modify Section 7.0 of Appendix A to the Specific Plan to delete the Interim Access Condition requirement for construction of an interim access connection between 4t" street and the existing intersection of Anaheim Place and 7t" Street prior to the issuance of the 400t" certificate of occupancy in Phase 1 of the Project. (B) Street Framework—if the City Council The Specific Plan amendment for the Framework approves a Specific Plan amendment, Plan has not been submitted or approved as of which will be processed separately from this date. the Specific Plan amendment in Section 2.2 above, relating to the street network, alignments and connections within Planning Area 1 that substantially complies with the Framework Plan attached as Exhibit B, then (iii) Sections 13.A and 13.0 and clause (iii) of Section 13.13 in the Original Agreement related to the Camp shall terminate and the Camp shall cease to be a part of the Project. FISCAL IMPACT: Per the agreement, Offset DIFs (Development Impact Fees), mean the amount of Police DIFs, Library DIFs, and Community and Recreation Center DIFs collected within the service area. Under the agreement, Offset DIFs are credited toward construction of a Joint Use Public Facility (JUPF) conditioned to be funded by the master developer. At the time of the agreement, the developer and City agreed to JUPF Deposit amount of$11,000,000 to be funded by the developer toward the JUPF in addition to dedication of the land for the facility. This agreed upon amount is increased annually at the end of each reporting year based upon the Engineering News Record (ENR) construction index. In 2019, the increase to the ENR resulted in an increase of $11,000, bringing the JUPF Deposit total for the 2019 reporting year to $11,011,000. In 2020, there was no increase to the ENR resulting in no increase to the JUPF Deposit total for the 2020 reporting year. A total of 208 units have been permitted through calendar year 2020. A total of 103 units were permitted in 2019; in total 311 units have been permitted. The Offset DIFs collected through the end of 2020 within the development (Zone 1) and the service area (Zone 2) as described in the agreement are shown in the following table: ENR 2018-2019 = 0.1% ENR 2020 = No Increase Total JUPF Deposit: $11,011,000 JUPF Deposit: $11,011,000 JUPF Deposit: $11,011,000 Fees Collected: Fees Collected: Fees Collected: Zone 1 Zone 1 Zone 1 Library $ 44,996 Library $ 89,648 Library $ 134,644 Police $ 21,246 Police $ 43,056 Police $ 64,302 Community& Rec $ 135,912 Community& Rec $ 269,568 Community&Rec $ 405,480 Zone 2 Zone 2 Zone 2 Library $ 632 Library $ 0 Library $ 632 Police $ 12,504 Police $ 14,328 Police $ 26,832 Community&Rec $ 1,902 Community& Rec $ 0 Community&Rec $ 1,902 Remaining Deposit: $10,793,808 Remaining Deposit: $10,594,400 Remaining Deposit: $10,594,400 Page 3 Page 25 COUNCIL MISSION /VISION / GOAL(S) ADDRESSED: This item addresses the City Council's vision of building a world class community with ongoing collection of funds to provide for Police, Library and Community Services to residents and businesses in and around The Resort development. ATTACHMENTS: Attachment 1 - Vicinity Map Attachment 2 - 2020 Annual Review Page 4 Page 26 Vicinity Map SUBTT20073 NOT TO SCALE Whom=@ RIM �g POND Project Site6th St \ \ ATTACHMENT 1 Page 27 VN SC Rancho Development Corp. Empire Lakes Molding Company, LLC 1156 North Mountain Ave. Upland,CA 91785-0670 909-985-0971 January 14,2021 CITY OF RANCHO CUCAMONGA VIA EMAIL 10500 Civic Center Drive Rancho Cucamonga,CA 91729 Attn:John Gillison,City Manager RE:Empire Lakes Specific Plan Development Agreement—2020 Annual Review Dear Mr.Gillison: In accordance with the requirements of Section 14 of Development Agreement No. DRC 2015-00118 Empire Lakes Specific Plan this letter shall serve as the annual review of compliance with the terms of the Development Agreement. The Development Agreement was approved by the City on November 21,2018 recorded on November 26,2018 and was Amended on October 7,2020. In accordance with the terms of the Development Agreement this Annual Review shall cover the period from January 1,2020 to December 31,2020. During this period the Property Owner completed or complied with the provisions of the Development Agreement as shown on Schedule"A"attached to this letter. Please contact me if you have any questions. Sincerely, SC RANCHO DEVELOPMENT CORP., EMPIRE LAKES HOLDING COMPANY,LLC a California corporation a Delaware limited liability company C6C By: By:- Lje-- Bryan G man,Authorized Representative Bryan dman,Authorized Representative cc: Jason Welday, Engineering Services Director Michael Smith,Senior Planner i &nbsp; &nbsp; Page 28 Schedule"A" Empire Lakes Specific Plan Development Agreement—2020 Annual Review DA Section Reference Compliance Action Section 10(C)-Property Owners shall submit an Property Owners submitted the required analysis analysis to the City documenting the traffic to the City for review and approval. The analysis impact nexus of the Project's for-sale single- was presented to and approved by the City family detached units and condominium units Council on November 20,2019, relative to the"Residential Multi-Family Attached" product for purposes of calculating This obligation has been satisfied i i development fee impact rates. Section 11(A)—Joint Use Public Facility The JUPF is located within development Phase 2 Property Owners will make an irrevocable offer of the Project,north of 61'Street, Phase 2 is of dedication to the City of approximately 1.75 currently in the planning stage and the net acres of land for the JUPF generally located requirements of Section 11(A)are not complete within Planning Area N-13 at the intersection of as of this date. 7th Street and a future street expected to be named the"Resort Parkway",as shown on Exhibit B to the Agreement(the"Parcel). The offer of dedication shall occur by separate instrument within ninety(90)days after(i) Property Owners have completed full public street improvements adjacent to the Parcel,or (ii) Property Owners have obtained a building permit for the 2000'residential dwelling unit within the Project,whichever occurs first. Section 11(C)—Funding. The threshold for this obligation has not yet been The then current Outstanding Full amount shall met. be paid by Property Owners concurrent with,or prior to,the issuance of a building permit for the &nbsp; &nbsp; Page 29 Schedule"A" Empire Lakes Specific Plan Development Agreement—2020 Annual Review 2,000"residential dwelling unit within the Project. Section 11 D —Construction Schedule. Section 11(D)was amended by the First City shall commence construction of the JUPF Amendment to Development Agreement on within eighteen(18)months of Property Owners' October 7,2020 as follows: irrevocable offer of dedication of the Parcel and City shall commence development of the JUPF full payment of the Outstanding Full Amount, within eighteen(18)months of Property Owners' provided that City has issued certificates of irrevocable offer of dedication of the Parcel and occupancy for,and commercial uses occupy,at full payment of the Outstanding Full Amount, least 22,500 square feet of non-residential provided the City has issued certificates of building construction located south of 6"Street. occupancy for at least 22,500 square feet of non- residential building space and 2,000 residential dwelling units within the Subject Property. i Section 12—Public Art—Property Owners agree On January 31,2019,Property Owners submitted to participate in the City's Public Art Program and an"Application for Installation of Artwork on comply with all requirements of Chapter 17.124 Public Property"detailing the artwork to be of the Municipal Code and Ordinance No,912. installed south of 6t"Street. The artwork has a total value of$1,216,901. On April 29,2019, Jennifer Nakamura confirmed,via email,the submission met all requirements of the City's i Public Art Ordinance. A Public Art application for the area north of 61"Street will be submitted in conjunction with the development of that area. i Section 13(A)—Camp Improvements In the First Amendment to Development Property Owners shall improve an approximately Agreement Recital D,the City acknowledges that 1.30 acre private park within Planning Area N 15 the implementation of the Framework Plan(as (the Camp)with the development of Phase 2 of contemplated in the First Amendment)would the Project(north of 61"street'and not later than eliminate the available location and need for the Camp under section 13.A of the Original &nbsp; &nbsp; Page 30 Schedule"A" Empire Lakes Specific Plan Development Agreement—2020 Annual Review the issuance of a building permit for the 2,000th Agreement,therefore,City acknowledges that dwelling unit within the Project. Sections 13.A, 13.0 and clause(iii)of Section 13.B in the Original Agreement related to the Camp should terminate if the Framework Plan is a approved by the City Section 13(B)—Formation of Property Owners The Master Declaration of Covenants,Conditions Association.Priorto issuance of the first building and Restrictions and Reservation of Easements permit for the Project,Property Owners shall for The Resort was recorded in the official record a declaration of covenants,conditions and records of the County of San Bernardino on restrictions("CCR's")for the Subject property November 30,2018. that forms a master property owners association This obligation is complete as to Phase 1 of the (the"Association"). Proiect for the homes south of 6"Street I i Section 2.2—Specific Plan Amendments(from The Amendment to the Specific Plan deleting the First Amendment to Development Agreement) condition requiring construction of an interim (A) Interim Access Condition—City agrees to access road was approved by the City Council on process and amendment to the Specific September 16,2020. i Plan in order to modify Section 7.0 of Appendix A to the Specific Plan to delete the Interim Access Condition requirement for construction of an interim access connection between 4tn street and the existing intersection of i. Anaheim Place and 71n Street prior to the issuance o fhte 40011 certificate of occupancy in Phase 1 of the Project (B) Street Framework—if the City Council The Specific Plan amendment for the Framework approves a Specific Plan amendment, Plan has not been submitted or approved as of which will be processed separately from this date. t &nbsp; &nbsp; Page 31 Schedule"A" Empire Lakes Specific Plan Development Agreement—2020 Annual Review the Specific Plan amendment in Section 2.2 above,relating to the street network, alignments and connections within Planning Area 1 that substantially complies with the Framework Plan attached as Exhibit B,then(iii)Sections 13.a and 13.0 and clause(iii)of Section 13,6 in the Original Agreement related to the Camp shall terminate and the Cam shall cease to be a part of the Project. End of 2020 Development Agreement Compliance Actions i' i I i i i i &nbsp; &nbsp; Page 32 CITY OF RANCHO CUCAMONGA $l DATE: March 3, 2021 TO: Mayor and Members of the City Council FROM: John R. Gillison, City Manager INITIATED BY: Jason C. Welday, Director of Engineering Services/City Engineer Annette Cano-Soza, Assistant Engineer SUBJECT: Consideration to Accept Public Improvements on the North Side of Millenium Court, West and East of Mayten Avenue, South of Foothill Boulevard per the Improvement Agreement Related to Case No. SUBTPM19669, as Complete, File the Notice of Completion, and Authorize Release of Bonds. (CITY) RECOMMENDATION: Staff recommends that the City Council: 1. Approve and accept the public improvements and their design, required for the development of SUBTPM19669 and authorize the City Engineer to file the appropriate Notice of Completion; 2. Release the Faithful Performance Cash Bond (Receipt #301962) for the associated public improvements; and 3. Release the Labor and Material Cash Bond (Receipt#301962). BACKGROUND: SUBTPM19669 was approved by the Planning Commission on May 25, 2016 for the subdivision of 9.6 acres of land to create six parcels containing six industrial buildings totaling 171,322 square feet generally located on the north side of Millenium Court, west and east of Mayten Avenue, and south of Foothill Boulevard. An improvement agreement and securities were approved by City Council on May 6, 2020, to ensure construction of the required public improvements. ANALYSIS: All public improvements required of this development have been completed to the satisfaction of the City Engineer. Prior to construction of the public improvements, the developer, Rancho 11, LLC., submitted a Faithful Performance Cash Bond (Receipt#301962) and Labor and Material Cash Bond (Receipt #301962) to ensure satisfactory completion of the improvements. With completion of the improvements, these bonds are no longer required. FISCAL IMPACT: None. Page 33 COUNCIL MISSION /VISION / GOAL(S) ADDRESSED: This item addresses the City Council's vision for the City by ensuring the maintenance of high- quality public improvements that promote a world class community. ATTACHMENTS: Attachment 1 - Vicinity Map Page 2 Page 34 ATTACHMENT 1 Vicinity Map SUBTPM19669 NOT TO SCALE a-Doan Am Eddy fit Project Site -----------m Page 35 6AAA I CITY OF RANCHO CUCAMONGA $l DATE: March 3, 2021 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 Sandra Salazar, Associate Engineer SUBJECT: Consideration to Accept as Complete, File a Notice of Completion, and Authorize Release of Retention and Bonds for the Freeway and Arterial Synchronization Project. (CITY) RECOMMENDATION: Staff recommends that the City Council 1. Accept the Freeway and Arterial Synchronization Project (Project), as complete; 2. Approve the final contract amount of$649,186; 3. Authorize the release of the Faithful Performance Bond 35 days after recordation of Notice of Completion and accept a Maintenance Guarantee Bond; 4. Authorize the release of the Labor and Materials Bond in the amount of $525,062, six months after the recordation of said notice if no claims have been received; 5. Authorize the City Engineer to file a Notice of Completion and release of the project retention, 35 days after recordation of Notice of Completion; and 6. Authorize the City Engineer to approve the release of the Maintenance Bond one year following the filing of the Notice of Completion if the improvements remain free from defects in material and workmanship. BACKGROUND: On March 27, 2015, the City executed an agreement with the San Bernardino County Transportation Authority (SBCTA) as part of the Mobile Source Reduction Review Committee (MSRC) grant. The agreement provided MSRC funds to assist with incorporating the State Route 210 (SR-210) and Interstate 15 (1-15) freeway interchange ramps into the existing signal synchronized corridors along Base Line Road, Foothill Boulevard, and Haven Avenue. On October 18, 2017, the City Council awarded a construction contract for the Project in the amount of $566,799 plus a 10% contingency to Elecnor Belco Electric, Inc. The City's goal in implementing this project is to enhance communication between the traffic signals owned and operated by the City and Caltrans in the vicinity of the three interchanges with a goal of better Page 36 operational monitoring and management of these signals to reduce traffic congestion and respond to changes in traffic conditions over time as part of the City's Advanced Traffic Management System or ATMS program. The project provided fiber communication paths to enable the monitoring, re-timing, and coordination of the City's existing traffic signals adjacent to the Haven Avenue, Base Line Road, and Foothill Boulevard freeway interchanges. This project also enhances fiber communication equipment within State-owned traffic signals at freeway interchanges along with upgrades to the Caltrans Traffic Management Center (TMC) enabling center-to-center communication between the City and Caltrans TMCs. A vicinity map is included as Attachment 1. The Project has been a multi-year effort between interagency staff and has gone through various changes which have resulted in increased construction costs to reach project completion. ANALYSIS: The subject project has been completed in accordance with the approved plans and specifications and to the satisfaction of the City Engineer. The construction of these improvements puts the foundational infrastructure in place that will ultimately tie these portions of the corridors into our Advanced Traffic Management System and allow for better traffic management. The communications link between the interchange traffic signals and the Caltrans TMC and between the City and Caltrans TMCs are complete. Links to City controlled traffic signals are currently under construction for the Haven Avenue and Foothill Boulevard portions of the project as part of Phase 1 of the ATMS project. The Base Line corridor connection will come as part of a later phase of the ATMS project. Under a separate contract, timing plans for each of the corridors were redesigned and implemented in November 2019 with the exception of the Caltrans traffic signals (timing for Caltrans signals was not approved by Caltrans until July 2020). However, with the onset of COVID and drastic reductions and fluctuations in traffic volumes over the past year, this new timing was causing significant delays for drivers entering or exiting side streets in the area and thus staff had to disable the coordination until traffic patterns returned to pre-COVID levels. In order to complete this project, and as a requirement of the MSRC grant, staff will need to perform an after study within the next 12 months to evaluate the effectiveness of the project's physical and timing changes. Staff will continue to evaluate the traffic conditions as well as the timing of other related improvements such as the completion of ATMS Phase 1 and repair of vehicle detection systems within the corridor to identify the most appropriate time to perform this study over the next year. The net increase in the total cost of the project is a result of five (5) Change Orders, including the final balancing statement, which is summarized below: Change Order No.1: Furnish and install advanced construction notification signs at six locations. The change in contract cost due to this change order is an increase of$7,124. Change Order No.2: Furnish and install additional pullbox, innerduct with tracer wire, new fiber cable, labeling existing and new fiber cables within Caltrans Right-of-Way and Caltrans bonds, permit and inspection fees. The change in contract cost due to this change order is an increase of$60,017. Change Order No.3: Project remobilization, furnish and install fiber related equipment within Caltrans Right-of-Way and Caltrans encroachment permit and inspection fees. The change in contract cost due to this change order is an increase of$10,150. Page 2 Page 37 Change Order NoA: New fiber and splice enclosure from RCMU manhole vault to traffic signal cabinet at Base Line Road and Day Creek Boulevard. Caltrans encroachment permit fees. The change in contract cost due to this change order is an increase of$3,200. Change Order No.5: The balancing statement for the project. The balancing statement confirms the final contract quantities to the actual placed or constructed during the contract. The notable change is an increase in the amount of$1,896 resulting from an increase in the final bid quantities. At the end of the one-year maintenance period, if the improvements remain free from defects in materials and workmanship, the City Clerk will release the Maintenance Bond upon approval by the City Engineer. FISCAL IMPACT: A total of $872,080 has been budgeted from Air Quality Improvement Fund (Fund 105) and Transportation (124) funds, which are identified under the Capital Improvement Project Account No.'s and in the amounts listed below: Account No. Funding Source Description Amount 11052085650/1900105-0 AB 2766 Air Quality Fwy/Arterial Synchro $112,810 Imp. (105) 11243035650/1900124-0 Transportation (124) Fwy/Arterial Synchro $322,337 11243035650/1831124-0 Transportation (124) Traff Mgmt Ctr-Upgrade $349,559 Ctywide 11243035650/1982124-0 Transportation (124) Advanced Traffic Mgmt $87,374 System Total Project Funding = $872,080 The final project cost is $832,270 as shown below: Expenditure Amount Final Construction Contract $649,186 Construction Inspection Services $84,080 Coordination Timing Consultant $57,480 Traffic Network and Configuration Consultant $31,643 Fiber Related Equipment $5,751 Caltrans 6E Interface Cards and Surge Protectors $4,130 Total Project Cost = $832,270 Additional funds in the amount of $7,500 are anticipated to be needed to complete the timing coordination for this project. After project completion, the final project budget will have a remainder of $47,310. A portion of these remaining funds, in the amount of $7,500, will be re-encumbered to pay for the additional timing coordination. A total of$39,810 will then remain in the budget and be returned to Transportation (Fund 124), fund balance for future capital improvement projects. The AB 2766 Discretionary Fund contract with the SCAQMD allows for funding reimbursement to the City for a maximum of$124,810 once the project is completed. Page 3 Page 38 COUNCIL MISSION /VISION / GOAL(S) ADDRESSED: This item addresses the City Council's goal of reducing north-south traffic flow on Haven Avenue between the 1-10 freeway and the SR-210 freeway by 2023 and the Council's vision to build on the City's success as a world class community to create a sustainable and vibrant city by working with Caltrans to implement advanced technology for traffic control communications that improve traffic flows on corridors adjacent to 1-15 and SR-210 freeways. ATTACHMENTS: Attachment 1 - Vicinity Map Page 4 Page 39 VICINITY MAP SAN BERNARDINO �— I COUNTY I RANCHO ICUCAMONG A \ I UM A%E I I I � I , laWFEY OM ETE LOS 9906 - ST � I aN1YAN ST KS SAIIIYM ST I I ID ` I jALTA LpAA OR ,, 21 I 19 m_ S7 Y BASIC RD I� 3 Z V > _ d o�4ILLd . BLVD _ _ ARROW TE � >r a 97H ST z BLW S SAN ST 8lH ST BERNARD COUNT) � sT and ST am sr aTH ST ONTARIO LEGEND: PROJECT CORRIDORS CITY OF RANCHO CUCAMONGA FREEWAY AND ARTERIAL SIGNAL N SYNCHRONIZATION PROJECT N.T.S. Page 40 CITY OF RANCHO CUCAMONGA DATE: March 3, 2021 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, Senior Civil Engineer SUBJECT: Consideration of a Determination that the Yellowwood Place Connection to Foothill Marketplace Project is Categorically Exempt From the California Environmental Quality Act (CEQA) and Authorize the Filing of a Notice of Exemption. (CITY) RECOMMENDATION: Staff recommends that the City Council determine that the Yellowwood Place Connection to Foothill Marketplace Project (Project) is categorically exempt from the provisions of CEQA pursuant to CEQA Guidelines Sections 15301 and 15061(b)(3) and authorize the filing of the appropriate Notice of Exemption. BACKGROUND: Yellowwood Place is a north-south street located north of Arrow Route and west of Etiwanda Avenue. The northerly terminus of Yellowwood Place abuts the south side of the Foothill Marketplace shopping center which contains several existing retail and restaurant uses that were constructed in the mid- to late-1990s. The Project would construct a new driveway connection from Yellowwood Place into Foothill Marketplace in order to provide additional access and circulation to and from the existing uses. The scope of the project would include the minor removal of an existing block wall, asphalt paving, minor landscaping, and concrete curbing to allow for the construction of a concrete drive approach within the existing right-of-way and approximately 918 square feet of the previously developed shopping center at the north end of Yellowwood Place, consisting of 528 square feet of proposed street right-of-way and 390 square feet of temporary construction easement. ANALYSIS: CEQA requires that all discretionary projects approved by public agencies in the State of California be analyzed for potential environmental impacts unless the project is exempt by State law or meets the requirements of exemptions listed in the CEQA Guidelines, 14 California Code of Regulations, Section 15000, et seq. The Project was studied and analyzed for potential environment effects as required by the CEQA Guidelines. Pursuant to Section 13501 of Article 19 of the CEQA Guidelines, Staff has determined that the Project is a minor alteration to existing public and private facilities. The Project consists of acquiring 918 square feet of property (consisting of 528 square feet of proposed street right-of- way and 390 square feet of temporary construction easement) in order to remove a portion of an Page 41 existing property line wall and connect an existing street and an existing parking lot. The project involves negligible or no expansion of the existing use of the facilities. Therefore, the Project is exempt from further environmental review pursuant to CEQA Guidelines Section 15301. Further, the Project is not subject to CEQA review pursuant to the "Common Sense Exemption" set forth in CEQA Guidelines Section 15061(b)(3)as it can be seen with certainty that there is no possibility that the Project may have a significant effect on the environment. FISCAL IMPACT: The costs for this project are estimated to be approximately $115,000. However, the action proposed herein is a determination of environmental status and does not require a commitment of funding by the City. COUNCIL MISSION /VISION / GOAL(S) ADDRESSED: This item addresses the City Council's vision 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 by the construction of high quality improvements that promote a world class community. ATTACHMENTS: Attachment 1 —Vicinity Map Page 2 Page 42 12549 Foothill Boulevard Vicinity Map NOT TO SCALE 190 r.� I � Site a 0 r N •.I ATTACHMENT 1 Page 43 CITY OF RANCHO CUCAMONGA DATE: March 3, 2021 TO: Mayor and Members of the City Council FROM: John R. Gillison, City Manager INITIATED BY: Jason C. Welday, Director of Engineering Services/City Engineer Trina Valdez, Utilities Operations Supervisor SUBJECT: Consideration of Amendment No. 03 to the Agreement with Pacific Utility Installation, Inc. (CO19-085) in the Amount of $300,845, plus a 5% Contingency for the Civic Center East Lot Electric Line Extension Project and Authorization of an Appropriation in the Amount of$118,900. (CITY) RECOMMENDATION: Staff recommends that the City Council: 1. Approve the plans and specifications for the Civic Center East Lot Electric Line Extension Project (Project); 2. Award and authorize the execution of an amendment to the existing agreement with Pacific Utility Installation, Inc. (CO19-085), the lowest responsive bidder for the Project, in the amount of$300,845; 3. Authorize the expenditure of a 5% contingency in the amount of$15,042; and 4. Authorize an appropriation in the amount of$118,900 to Account 1705303-5650/1986705- 0 (Capital Projects/Civic Ctr E. Parking Lot-Line Extension)from the Municipal Utility Fund (Fund 705). BACKGROUND: In 2009 when the City of Rancho Cucamonga transferred City Hall's electric service from Southern California Edison (SCE) to the Rancho Cucamonga Municipal Utility (RCMU), the City Hall east parking lot was not included in the switchover. A short distribution line extension is needed to extend RCMU's electric service to the east parking lot. The line extension would provide electric utility uniformity for the City Hall facilities. The scope of work for this Project consists of, but is not limited to, connection to RCMU's existing distribution equipment, furnishing and installing new substructure and cabling infrastructure including cables, connections, and transformers needed to interconnect to RCMU's existing infrastructure. ANALYSIS: A request for proposals was prepared and sent out to three (3) pre-qualified vendors on December 17, 2020. On January 13, 2021, three (3) bids were received for the Project. Staff reviewed the Page 44 bids and contacted the lowest responsive bidder with the anticipated award for the above- mentioned Project. The bidder informed staff they would not be able to complete the work for the project and declined the award. Staff reviewed the second lowest responsive bidder and contacted the bidder of the pending award.The bidder after reviewing their bid, declined the award due to cost irregularities within their bid. Staff then reached out to the third responsive bidder, Pacific Utility Installation, Inc and requested they verify their respective bid package to confirm their bid. Pacific Utility Installation, Inc. returned their revised bid on February 16, 2021 which had been reduced by approximately$28,000 from their original bid. Staff reviewed the bid documents and finds the bid to be reasonable and meets the requirements of the bid documents. A copy of Amendment No. 03 to the Agreement with Pacific Utility Installation, Inc. is on file with the City Clerk's Office. It should be noted that the scope of the project was expanded from the original project estimate to also include pad mounted equipment and other related work in order to support future expansion of the electric vehicle fleet charging infrastructure in the east parking lot. FISCAL IMPACT: A total of $197,000 has been budgeted in Fiscal Year 2020/21 from the Municipal Utility Fund (Fund 705). An appropriation in the amount of $118,900 from the Municipal Utility Fund (Fund 705) to Account No. 1705303-5650/1986705-0 (Capital Projects-Civic Ctr E. Parking Lot-Line Extension) is needed to fully fund the Project. COUNCIL MISSION /VISION / GOAL(S) ADDRESSED: This item addresses the City Council's vision for the City by ensuring the construction and maintenance of high-quality public improvements that promote a world class community. ATTACHMENTS: None. Page 2 Page 45 CITY OF RANCHO CUCAMONGA DATE: March 3, 2021 TO: Mayor and Members of the City Council FROM: John R. Gillison, City Manager INITIATED BY: Anne McIntosh, AICP, Planning Director David F. Eoff IV, Senior Planner SUBJECT: Consideration of Amendment No. 1 to Contract No. 2020-023 with Community Works Design Group for Design Professional Services in the Amount of $15,000.00 to be Funded from Account No. 1274401-5650 (Grant Funds). (CITY) RECOMMENDATION: Staff recommends that the City Council approve and execute contract amendment number one to Contract No. 2020-023 with Community Works Design Group. BACKGROUND: On March 18, 2020, the City Council approved a contract award to Community Works Design Group for design professional services in the amount of $223,235.00 to prepare the design and construction drawings, and assist with the construction bid process for the Central Park Dog Park project. The project is funded by grant funds received from the State of California as part of the 2019-2020 State Budget. ANALYSIS: Staff has been working with Community Works Design Group since the original contract execution in March of 2020 and has been satisfied with the quality of services provided thus far. During the design process, the City requested adjustments to the plans for final revisions to the design of the park, resulting in changes to many of the construction details. This required the consultant to coordinate additional services from subconsultants, resulting in an adjustment to the cost for services and an increase in the amount of$10,715.00 to the total contract amount. Staff is requesting an amendment in the amount of $15,000.00 to cover the additional contract expense and allow a small contingency for future adjustments if needed. Section 3.1 of the contract is amended with a total revised contract amount not to exceed $238,235.00. The amendment to the contract will not impact the overall budget for the dog park project. The project is progressing along and is anticipated to begin construction by May/June of this year. The original scope of work for the contract will remain as is. The amendment is only to cover the adjustment to the total contract amount. Page 46 FISCAL IMPACT: Funding for this contract, including the amendment amount, will be paid from account 1274401- 5650 (Grant Funds). The City has been responsible for upfront expenses as invoices for services are received. However, as the project progresses along, reimbursement is requested from the State to compensate the City expenses for this contract. COUNCIL MISSION /VISION / GOAL(S) ADDRESSED: The execution of this contract amendment does not necessarily meet the specific City Council 2021 goal of obtaining funding for another phase of Central Park, however, it does support this goal by including components in the design to support future phases of Central Park, such as utilities and other infrastructure. The execution of this contract will also support the City Council Core Values of providing and nurturing a high quality of life for all, promoting and enhancing a safe and healthy community for all, building and preserving a family-oriented atmosphere, and the overall continuous improvement of the community. ATTACHMENTS: Attachment 1 —Amended Contract No. 2020-023 Attachment 2 — Staff Report Dated March 18, 2020 Page 2 Page 47 AGREEMENT FOR DESIGN PROFESSIONAL SERVICES THIS AMENDED AGREEMENT is made and entered into this 31 day of March, 2021, by and between the City of Rancho Cucamonga, a municipal corporation ("City") and Community Works Design Group, a Limited Liability Company ("Consultant"). RECITALS A. City has heretofore issued its request for proposals to perform the following design professional services: Central Park Dog Park("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 desires 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 hereby engages Consultant to perform all technical and design professional services described in Recitals "A" and "B" above, including, but not limited to design of the Central Park Dog Park,all as more fully set forth in the Consultant's proposal, dated November 21, 2019 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, the Consultant will promptly meet with City staff to discuss any revisions to the Project desired by the City. Consultant agrees that the Scope of Work may be amended based upon said meetings, and, by amendment to this Agreement, the parties may agree on a revision or revisions to 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%) PSA with professional liability insurance(Design) Page I Last Revised:01/1112018 Page 48 Attachment 1 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 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 of such fact and shall not proceed except at Consultant's risk until written instructions are received from the City Representative. 2. Term of Agreement. The Term of this Agreement shall be until the completion of this project 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 good will not be provided until this Agreement has been executed and requirements have been fulfilled. 3. Compensation. 3.1 Compensation. City shall compensate Consultant as set forth in Exhibit A, provided, however, that full, total and complete amount payable to Consultant shall not exceed $238,235 (two hundred thirty eight thousand, two hundred thirty five dollars), including all out of pocket expenses, unless additional compensation is approved by the City Council. City shall not withhold any federal, state or other taxes, or other deductions. However, City shall withhold not more than ten percent (10%) of any invoice amount pending receipt of any deliverables reflected in such invoice. Under no circumstance shall Consultant be entitled to compensation for services not yet satisfactorily performed. PSA with professional liability insurance(Design) Page 2 Last Revised:01/1112018 Page 49 The parties further agree that compensation may be adjusted in accordance with Section 1.2 to reflect subsequent changes to the Scope of Services. City shall compensate Consultant for any authorized extra services as set forth in Exhibit A. 4. Method of Payment. 4.1 Invoices. Consultant shall submit to City monthly invoices for the Services performed pursuant to this Agreement. The invoices shall describe in detail the Services rendered during the period and shall separately describe any authorized extra services. Any invoice claiming compensation for extra services shall include appropriate documentation of prior authorization of such services. All invoices shall be remitted to the City of Rancho Cucamonga, California. 4.2 City shall review such invoices and notify Consultant in writing within ten(10)business days of any disputed amounts. 4.3 City shall pay all undisputed portions of the invoice within thirty (30) calendar days after receipt of the invoice up to the not-to-exceed amounts set forth in Section 3. 4.4 All records, invoices, timecards, cost control sheets and other records maintained by Consultant relating to services hereunder shall be available for review and audit by the City. 5. Representatives. 5.1 City Representative. For the purposes of this Agreement, the contract administrator and City's representative shall be David Eoff, or such other person as designated in writing by the City ("City Representative"). It shall be Consultant's responsibility to assure that the City Representative is kept informed of the progress of the performance of the services, and Consultant shall refer any decisions that must be made by City to the City Representative. Unless otherwise specified herein, any approval of City required hereunder shall mean the approval of the City Representative. 5.2 Consultant Representative. For the purposes of this Agreement, Scott Rice is hereby designated as the principal and representative of Consultant authorized to act in its behalf with respect to the services specified herein and make all decisions in connection therewith ("Consultant's Representative"). It is expressly understood that the experience, knowledge, capability and reputation of the Consultant's Representative were a substantial inducement for City to enter into this Agreement. Therefore,the Consultant's Representative shall be responsible during the term of this Agreement for directing all activities of Consultant and devoting sufficient time to personally supervise the services hereunder. Consultant may not change the Responsible Principal without the prior written approval of City. 6. Consultant's Personnel. PSA with professional liability insurance(Design) Page 3 Last Revised:01/1112018 Page 50 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 its elected officials, officers and employees, servants, designated volunteers, and agents serving as independent contractors in the role of City officials, from any and all liability, damages, claims, costs and expenses of any nature to the extent arising from Consultant's violations of personnel practices and/or any violation of the California Labor Code. City shall have the right to offset against the amount of any fees due to Consultant under this Agreement any amount due to City from Consultant as a result of Consultant's failure to promptly pay to City any reimbursement or indemnification 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. 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 without restriction or limitation upon its use or dissemination by City. 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. None of the Work Product shall be the subject of any 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. Under no circumstances shall Consultant fail to deliver any draft or final designs, plans, drawings, reports or specifications to City upon written demand by City for their delivery, notwithstanding any disputes between Consultant and City concerning payment, performance of the contract, or otherwise. This covenant shall survive the termination of this Agreement. City's reuse of the Work Product for any purpose other than the Project, shall be at City's sole risk. PSA with professional liability insurance(Design) Page 4 Last Revised:01/1112018 Page 51 7.2. Assignment of Intellectual Property Interests: Upon execution of this Agreement and to the extent not otherwise conveyed to City by Section 7.1, above,the Consultant shall be deemed to grant and assign to City, and shall require all of its subcontractors to assign to City, all ownership rights, and all common law and statutory copyrights,trademarks,and other intellectual and proprietary property rights relating to the Work Product and the Project itself, and Consultant shall disclaim and retain no rights whatsoever as to any of the Work Product, to the maximum extent permitted by law. City shall be entitled to utilize the Work Product for any and all purposes, including but not limited to constructing, using, maintaining, altering, adding to, restoring, rebuilding and publicizing the Project or any aspect of the Project. 7.3 Title to Intellectual Property. 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 has full legal title to and the right to reproduce any of the Work Product. Consultant shall defend, indemnify and hold City, and its elected officials, officers, employees, servants, attorneys, designated volunteers, and agents serving as independent contractors in the role of City officials, harmless from any loss, claim or liability in any way related to a claim that City's use is violating federal, state or local laws, or any contractual provisions,relating to trade names, licenses, franchises,patents or other means of protecting intellectual property rights and/or interests in products or inventions. 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'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 the right to continue using the Work Product by suspension of any injunction or by procuring a license or licenses for City; or (b) modify the Work Product so that it becomes non-infringing. This covenant shall survive the termination of this Agreement. 8. Status as Independent Contractor. Consultant is, and shall at all times remain as to City, a wholly independent contractor. Consultant shall have no power to incur any debt, obligation,or liability on behalf of City or otherwise act as an agent of City. Neither City nor any of its agents shall have control over the conduct of Consultant or any of Consultant's employees, except as set forth in this Agreement. Consultant shall not, at any time, or in any manner, represent that it or any of its officers, agents or employees are in any manner employees of City. Consultant shall pay all required taxes on amounts paid to Consultant under this Agreement, and to defend,indemnify and hold City harmless from any and all taxes, assessments,penalties, and interest asserted against City by reason of the independent contractor relationship created by this Agreement. Consultant shall fully comply with the workers' compensation law regarding Consultant and Consultant's employees. 9. Confidentiality. Consultant may have access to financial,accounting, PSA with professional liability insurance(Design) Page S Last Revised:01/1112018 Page 52 statistical, and personnel data of individuals and City 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. City shall grant such authorization if applicable law requires disclosure. All City data shall be returned to City upon the termination of this Agreement. Consultant's covenant under this Section shall survive the termination of this Agreement. 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 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 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. 10.3 Consultant has no knowledge that any officer or employee of City has any interest, whether contractual, noncontractual, financial, proprietary, or otherwise, in this transaction or in the business of 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,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. To the fullest extent permitted by PSA with professional liability insurance(Design) Page 6 Last Revised:01/1112018 Page 53 law,the Consultant shall,at its sole cost and expense,indemnify,defend,and hold harmless the City, its elected officials, officers, attorneys, agents, employees, designated volunteers, successors, assigns and those City agents serving as independent contractors in the role of City officials (collectively "Indemnitees" in this Section 11.0), from and against any and all damages, costs, expenses, liabilities, claims, demands, causes of action, proceedings, judgments, penalties, liens, stop notices, and losses of any nature whatsoever, including fees of accountants and other professionals, and all costs associated therewith, and reimbursement of attorneys' fees and costs of defense (collectively "Claims"), whether actual, alleged or threatened, to the extent arising out of, pertaining to, or relating to, in whole or in part, the negligence, recklessness or willful misconduct of the Consultant, and/or its officers, agents, servants, employees, subcontractors, contractors or their officers, agents, servants or employees (or any entity or individual for which or whom the Consultant shall bear legal liability) in the performance of design professional services under this Agreement by a"design professional," as the term is defined in California Civil Code § 2782.8(c). The indemnification obligation herein shall not in any way be limited by the insurance obligations contained in this Agreement. Notwithstanding the foregoing and as required by Civil Code § 2782.8(a), in no event shall the cost to defend the Indemnitees that is charged to Consultant exceed Consultant's proportionate percentage of fault. 11.2 Other Indemnities. With respect to claims and liabilities which do not arise in connection with the performance of professional services by a "design professional", as that term is defined in California Civil Code Section 2782.8(c),including, but not limited to, those claims and liabilities normally covered by commercial general and/or automobile liability insurance, and to the maximum extent permitted by law, Consultant shall, at its sole cost and expense,protect,defend,hold harmless and indemnify the Indemnitees from and against any and all damages, costs, expenses, liabilities, claims, demands, causes of action, proceedings, judgments, penalties, liens, stop notices, and losses of any nature whatsoever, including fees of accountants, attorneys and other professionals, and all costs associated therewith, and the payment of all consequential damages(collectively"Damages"), in law or equity,whether actual, alleged or threatened, which arise out of, pertain to, or relate to the acts or omissions of Consultant, its officers, agents, servants,employees,subcontractors,materialmen, suppliers,or contractors,or their officers, agents, servants or employees (or any entity or individual for which or whom Consultant shall bear legal liability) in the performance of this Agreement, except to the extent the Damages arise from the active or sole negligence or willful misconduct of any of the Indemnitees, as determined by final arbitration or court decision or by the agreement of the Parties. Consultant shall defend the Indemnitees in any action or actions filed in connection with any Damages with counsel of the Indemnitees' choice, and shall pay all costs and expenses, including all attorneys' fees and experts' costs as they are actually incurred in connection with such defense. Consultant shall reimburse the Indemnitees for any and all legal expenses and costs incurred by the Indemnitees in connection therewith. The indemnification obligation herein shall not in any way be limited by the insurance obligations contained in this Agreement. PSA with professional liability insurance(Design) Page 7 Last Revised:01/1112018 Page 54 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, or the deposit with City, of any insurance policy or certificate required pursuant to this Agreement. 11.4 Waiver of Right of Subro ag tion. 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. 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, 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 I (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, having an extended reporting period of not less than three (3) years after completion of the Services which shall 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. PSA with professional liability insurance(Design) Page 8 Last Revised:01/1112018 Page 55 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. (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. No representation is made that the minimum insurance requirements of this Agreement are sufficient to cover the obligations of the Contractor under this Agreement. 12.4 Deductibles and Self-Insured Retentions. Any deductibles or self- insured retentions must be declared to and approved by the City and shall not reduce the limits of coverage. City reserves the right to obtain a full certified copy of any required insurance policy and endorsements. 12.5 Other Insurance Provisions. (1) The commercial general liability and automobile liability policies are to contain the following provisions on a separate additionally insured endorsement naming the City, its officers, officials, employees, designated volunteers and agents serving as independent contractors in the role of City officials as additional insureds as respects: liability arising out of activities performed by or on behalf of 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,its officers, officials, employ designated volunteers or agents serving as independent PSA with professional liability insurance(Design) Page 9 Last Revised:01/1112018 Page 56 contractors in the role of City officials which are not also limitations applicable to the named insured. (2) For any claims related to this Agreement, Consultant's insurance coverage shall be primary insurance as respects City, its officers,officials, employees, designated volunteers and agents serving as independent contractors in the role of City or officials. Any insurance or self-insurance maintained by City, its officers, officials, employees, designated volunteers or agents serving as independent contractors in the role of City officials shall be 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) Each insurance policy required by this clause shall be endorsed to state that coverage shall not be canceled except after 30 days prior written notice by first class mail has been given to City (ten (10) days prior written notice for non- payment of premium). Consultant shall provide thirty (30) days written notice to City prior to implementation of a reduction of limits or material change of insurance coverage as specified herein. (5) Each insurance policy, required by this clause shall expressly waive the insurer's right of subrogation against City and its elected officials, officers, employees, servants, attorneys, designated volunteers, and agents serving as independent contractors in the role of City officials. (6) Each policy shall be issued by an insurance company approved in writing by City, which is admitted and licensed to do business in the State of California and which is rated ANII or better according to the most recent A.M. Best Co. Rating Guide. (7) Each policy shall specify that any failure to comply with reporting or other provisions of the required policy, including breaches of warranty, shall not affect the coverage required to be provided. (8) Each policy shall specify that any and all costs of adjusting and/or defending any claim against any insured, including court costs and attorneys' fees, shall be paid in addition to and shall not deplete any policy limits. PSA with professional liability insurance(Design) Page 10 Last Revised:01/1112018 Page 57 (9) Contractor shall provide any and all other required insurance, endorsements, or exclusions as required by the City in any request for proposals applicable to this Agreement. 12.6 Evidence of coverage.Prior to commencing performance under this Agreement, the Consultant shall furnish the City with certificates and original endorsements, or copies of each required policy, effecting and evidencing the insurance coverage required by this Agreement including(1)Additional Insured Endorsement(s), (2) Worker's Compensation waiver of subrogation endorsement, and (3) General liability declarations or endorsement page listing all policy endorsements. The endorsements shall be signed by a person authorized by the insurer(s) to bind coverage on its behalf. All endorsements or policies shall be received and approved by the City before Consultant commences performance. If performance of this Agreement shall extend beyond one year, Consultant shall provide City with the required policies or endorsements evidencing renewal of the required policies of insurance prior to the expiration of any required policies of insurance. 12.7 Contractor agrees to include in all contracts with all subcontractors performing work pursuant to this Agreement,the same requirements and provisions of this Agreement including the indemnity and insurance requirements to the extent they apply to the scope of any such subcontractor's work. Contractor shall require its subcontractors to be bound to Contractor and City in the same manner and to the same extent as Contractor is bound to City pursuant to this Agreement, and to require each of its subcontractors to include these same provisions in its contract with any sub-subcontractor. 13. Cooperation. In the event any claim or action is brought against City relating to Consultant's performance or services rendered under this Agreement, Consultant shall render any reasonable assistance and cooperation that City might require. City shall compensate Consultant for any litigation support services in an amount to be agreed upon by the parties. 14. Termination. City shall have the right to terminate this Agreement at any time for any or no reason on not less than ten (10) days prior written notice to Consultant. In the event City exercises its right to terminate this Agreement, City 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 by reason of such termination, including any claim for compensation. City may terminate for cause following a default remaining uncured more than five (5) business days after service of a notice to cure on the breaching party. Consultant may terminate this Agreement for cause upon giving the City ten(10)business days prior written notice for any of the following: (1) uncured breach by the City of any material term of this Agreement,including but not limited to Payment Terms; (2)material changes in the conditions under which this Agreement was entered into, coupled with the failure of the parties to reach accord on the fees and charges for any Additional Services PSA with professional liability insurance(Design) Page 11 Last Revised:01/1112018 Page 58 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'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: David Eoff, Senior Planner City of Rancho Cucamonga 10500 Civic Center Drive Rancho Cucamonga, CA 91730 If to Consultant: Scott Rice, Vice President Community Works Design Group 4649 Brockton Avenue Riverside, CA 92506 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'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 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 PSA with professional liability insurance(Design) Page 12 Last Revised:01/1112018 Page 59 with such Prevailing Wage Laws. The applicable prevailing wage rate determinations can be found at hqp://www.dir.ca.gov/dlsr/DPreWageDetermination.htm 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, its elected officials, officers, employees and agents free and harmless from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws. 19. Non-Waiver of Terms, Rights and Remedies. Waiver by either party of any one or more of the conditions of performance under this Agreement shall not be a waiver of any other condition of performance under this Agreement. In no event shall the making by City of any payment to Consultant constitute or be construed as a waiver by City of any breach of covenant, or any default which may then exist on the part of Consultant, and the making of any such payment by City shall in no way impair or prejudice any right or remedy available to City with regard to such breach or default. 20. Attorney's Fees. In the event that either party to this Agreement shall commence any legal action or proceeding to enforce or interpret the provisions of this Agreement,the prevailing party in such action or proceeding shall be entitled to recover its costs of suit, including reasonable attorney's fees and costs of experts. 21. Exhibits; Precedence. All documents referenced as exhibits in this Agreement are hereby incorporated in this Agreement. In the event of any material discrepancy between the express provisions of this Agreement and the provisions of any document incorporated herein by reference,the provisions of this Agreement shall prevail. 22. Applicable Law and Venue. The validity, interpretation, and performance of this Agreement shall be controlled by and construed under the laws of the State of California. Venue for any action relating to this Agreement shall be in the San Bernardino County Superior Court. 23. Construction. In the event of any asserted ambiguity in, or dispute regarding the interpretation of any matter herein,the interpretation of this Agreement shall not be resolved by any rules of interpretation providing for interpretation against the party who causes the uncertainty to exist or against the party who drafted the Agreement or who drafted that portion of the Agreement. 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. This Agreement supersedes all prior oral or written negotiations, representations or agreements. This Agreement may not be amended, nor any provision or breach hereof waived, except in a writing signed by the parties which expressly refers to this Agreement. PSA with professional liability insurance(Design) Page 13 Last Revised:01/1112018 Page 60 IN WITNESS WHEREOF, the parties, through their respective authorized representatives, have executed this Agreement as of the date first written above. Community Works Design Group City of Rancho Cucamonga By: By: Name Date Name Date Title: Title: Mayor By: Name Date Title: (two signatures required if corporation) PSA with professional liability insurance(Design) Page 14 Last Revised:01/1112018 Page 61 EXHIBIT A SCOPE OF SERVICES See Attached Exhibit PSA with professional liability insurance(Design) Page 15 Last Revised:01/1112018 Page 62 I1. 1 .r , M�I N) W Y,� !yr . •r/r rr//I/r Ir11111 r PROPOSAL (# 19/20-019) FOR: DOG PARK CONSULTING RANCHO DESIGN SERVICES CUCAMONGA .......« .. ...wMt1Wr/r/tlM/r +�� R lttl�����}I�'It`!� •-� �}`. ., -r"�• fir„ .' � '��7�...' M �w!•�,1�r1rr r � r 1 a. c, i 1 U140 Oluo 04 S I No 4 11 U OF November 21,2019 submitted online via PlanetBids CITY OF RANCHO CUCAMONGA-PROCUREMENT DIVISION Attn: Ruth Cain,Procurement Manager 10500 Civic Center Drive Rancho Cucamonga, CA 91730 RE: Proposal for Dog Park Consulting Services (RFP#19/20-019) Dear Ms. Cain and Members of the Consultant Selection Committee: On behalf of the Park Planning and Landscape Architecture firm of Community Works Design Group (CWDG),we are pleased to present this proposal to provide professional design services for the design of the City of Rancho Cucamonga's premiere Dog Park facility within Central Park. Our team has reviewed the proposed Dog Park site as described within the City's Request for Proposals as well as within the latest Central Park Master Plan update. We have begun to envision how our community-centered process can best assist the City in the realization of a completed dog park that will best accommodate Rancho Cucamonga's two- and four-legged residents for decades to follow. This proposal shall remain valid for a period of not less than 60 days from the date of submittal. The members of the Design Team and I appreciate your consideration of our team for the design of the City's Dog Park. Respectfully submitted, COMMUNITY WORKS DESIGN GROUP 41k� Timothy I. Maloney ASLA,CPRS Scott Ric ASLA,LEED AP,CASp President Vice e dent Landscape Architect CA#2110/NV#389 Landscape Architect CA#5111 /NY#2645 tim@cwdg.fun Certified Access Specialist CASp-709 (951) 369-0700 x203 (951) 369-0700 x208 scott@cwdg.fun 4649 Brockton Avenue - Riverside, CA 92506 - (951) 369-0700 / (951) 369-4039 fax- wwv�cawd%fun 9 TABLE OF CONTENTS A. EXECUTIVE SUMMARY . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 B. EXPERIENCE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 C. THIRD-PARTY/SUBCONTRACTORS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17 D. STAFF BIOGRAPHIES . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20 E. PROPOSAL RESPONSE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24 E REQUIRED EXHIBITS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30 Aft PROPOSAL FOR DOG PARK CONSULTING SERVICES(RFP#19/20-019): (r-- CITY OF RANCHO CUCAMONGA ,� fit, NOVEMBER 21,2019 '' Page 5 . _ y 46 Or 44104: j _ MIL OF A. EXECUTIVE SUMMARY � _I EXECUTIVE SUMMARY The City of Rancho Cucamonga has worked very well with their current master planning consultant to develop the general sizing,placement and layout of the Dog Park within Central Park,based on an extensive and well-documented community input process. While there are many advantages to utilizing the same consultant team for the continuation of the project, it is in the City and its residents' best interest to switch to a local,readily available team to carefully expedite the project through construction. Community Works Design Group has both the proven experience and bandwidth necessary to supercharge the preparation of final design and development of the Dog Park plans.Not only does our firm have a wealth of Dog Park-specific design experience, but we also have an excellent track record when it comes to fast- paced design development and construction documentation. We are there when you need us - and can be on site or at City Hall within a matter of minutes as opposed to hours. Our multi-disciplinary team will be led by Scott Rice,Vice President of CWDG.Not only is Scott a seasoned park planner, with over 100 park design projects completed during his professional career, but he is one of only three licensed Landscape Architects within the State of California that is also a Certified Access Specialist (CASp). There are numerous ADA accessibility challenges for new construction in general, but these challenges are amplified in exterior spaces with significant changes in elevation,like what is present at the Central Park site in relation to Base Line Road. tr`� L••� � '_`Y-- � Jr_ - - _�ry� it � a �f - .- .•�-Y��. �- �- _ 'I61+;.I I. _FA{f[{ifl ..I•: !IJ11111 J I f `lr + ,s' Rancho Mirage Dog Park-2017 CPRS Award of Excellence Winner-Park Planning Specialty Class 1; Designed by Community Works Design Group PROPOSAL FOR DOG PARK CONSULTING SERVICES(RFP#19/20-019): CITY OF RANCHO CUCAMONGA 2 rR NOVEMBER 21,2019 Page 7 r Welcome To... of RANCHO MIRA6E D06 PARK f1ta ...Corn "Sit J E3. -4 EXPERIENCE �� PROPOSAL FOR DOG PARK CONSULTING SERVICES(RFP#19120-019): CITY OF RANCHO CUCAMONGA _- 3 cllt=, NOVEMBER 21,2019 ' Page 8 EXPERIENCE: FIRM/ TEAM OVERVIEW COMMUNITY WORKS DESIGN GROUP -LLC (CWDG) Landscape Architecture-Planning 4649 Brockton Avenue Riverside, California 92506 (951) 369-0700 6><ildM 6RIlIP Federal I.D. 82-1854334 Registered Small Business#1769579 PRINCIPALS: Tim Maloney ASLA,CPRS- President Scott Rice ASLA,LEED AP,CASp -Vice President Community Works Design Group was established CWDG HAS DESIGNED OVER in 1985 and provides municipal planning services 250 PARK PROJECTS IN OUR 34 throughout the State of California. The firm YEAR HISTORY, INCLUDING 5 DOG focuses on Park, Recreation, Streetscape and Trails PARKS WITHIN THE PAST 5 YEARS Planning projects. CWDG has a ready and available staff of seven highly professional individuals. We draw on three Licensed Landscape Architects, two of whom are LEED Accredited Professionals, as well as an in-house Civil Engineering, Certified Irrigation Designer/ Certified Landscape Irrigation Auditor, and Certified Access Specialist. Community Works Design Group does what its name implies - it assists communities with the design of park projects that "Work". Our focus is _ on park and recreation and municipal projects and has been since day one in 1985. (That's 34 Years!!!) We come from "your side of the fence". Tim Maloney worked in municipal park and recreation departments. Tim Maloney worked for the City of San Luis Obispo as a Park Planner, and Scott Rice has served as the City Landscape Architect for City of Highland continuously since 2005. We are midway through a multi-year ownership succession plan, where 100% ownership of the company is being transferred from Tim Maloney to Scott Rice. Currently, Mr. Maloney and Mr. ' Rice each own a 50% share of Community Works Design Group. "Designing your Dreams"starts here at our two story design studio-complete with an indoor spiral slide and a 25'swing! PROPOSAL FOR DOG PARK CONSULTING SERVICES(RFP#19/20-019): CITY OF RANCHO CUCAMONGA 4 rR NOVEMBER 21,2019 Page 9 PROJECT MANAGEMENT, STAFF AVAILABILITY AND DETAILED PROJECT WORK PLAN STAFF AVAILABILITY:All staff members listed in this proposal are available to begin work immediately upon City request. We guarantee that we will adjust our master schedule to dedicate sufficient resources to expediting the Rancho Cucamonga Dog Park project. I ` ORGANIZATION AND SCHEDULING: We will provide the - City with a critical path schedule,prepared in Microsoft Project, and will adhere to the schedule we present. Our office holds weekly Staff Meetings where we review ALL of our current projects, and the Principals have total accountability with the Project Managers to adhere to all set deadlines.We will keep key staff consistent, so that everyone remains on the same page. DELIVERABLES: We will provide all levels of deliverables outlined in the proposal. We utilize a wide variety of software, including AutoCAD 2019, Adobe Creative Cloud, Microsoft Office, SketchUp Pro 3-d, and much more. We will provide hard 4. copy and digital media in PDF or any requested format. OUR APPROACH: Our approach to design and quality control is unique to the industry. Every design project is assigned one T ` ra � yl Licensed Landscape Architect as Project Principal, one Licensed Landscape Architect as Project Manager, and one Assistant Project Manager. CWDG realizes that our success is based ' ' t on our ability to deliver projects on time and within budget. This team approach will guarantee that the project comes in 1 on budget and stays on budget with minimal change orders. _ CWDG can also offer complete construction administration and I 1 construction management services to assist the City at whatever 1 level is desired. WHAT SETS CWDG APART: While there are many similarities between municipal design projects, we have developed an understanding of what it takes for a project to truly stand apart and shine,as evidenced in our consistent winning of CPRS Awards 5 Page 70 of Excellence in Park Planning and APWA Project of Merit awards. Our team offers a wide variety of in- house services,such as Irrigation Auditing via our Certified Landscape Irrigation Auditor,and Accessibility Evaluation from our Certified Access Specialist (CASp),that are dovetailed into our final products. WORKING WITH CITY STAFF AND POLICY-MAKING AGENCIES AND STAKEHOLDERS: As we have worked on park projects all over the Inland Empire and beyond, our team is very well versed in the intricacies of the region.We maintain a great rapport and positive working relationship with each and all of our primary municipal clients. We are confident that we can continue providing the high quality of service the City has come to expect from CWDG into the future! OUR "NOT SO SECRET" INGREDIENT TO SUCCESSFUL PROJECTS is remaining in close, ongoing communication with the City and all key stakeholders throughout the life of the project - from concept to construction! OUR RECORD OF MEETING SCHEDULES ON SIMILAR PROJECTS: We invite you to contact our listed references for confirmation of CWDG's ability to meet deadlines and critical path schedule milestones. This is especially apparent with our various projects for the City of Perris, where the project funding was directly connected to grant deadlines. PENDING LITIGATION: Our firm has NO pending litigation that would affect our ability to deliver expedited design development and construction documents, nor provide construction support services to the City of Rancho Cucamonga. ACTIVE LICENSES AND CERTIFICATIONS Timothy Maloney Licensed Landscape Architect (State of California) 2110 Expires 10/31/21 Scott Rice Licensed Landscape Architect (State of California) 5111 Expires 12/31/20 Allison Rush Licensed Landscape Architect (State of California) 6378 Expires 11/30/21 Grosvenor (Bud) Fish Professional Engineer- Civil (State of California) 61342 Expires 6/30/21 Scott Rice Certified Access Specialist (CASp) 709 Expires 8/12/22 Kay Kite Certified Irrigation Designer/Auditor (CID/CLIA) 6190 Expires 7/31/20 The City of Ojai has had many successes in working wth the Community Works Design Group team for many years on various projects-from skate park design and management to the Sarzotti Park Master Plan. Their creativity and wdhngness to work well beyond the scope of the project in order to exceed our City's needs isjust extraordinary. They have always been there for our City and they have always been on time and within budget time and time again." Steve McClary-City Manager City of Ojai Aft PROPOSAL FOR DOG PARK CONSULTING SERVICES(RFP#19/20-019): CITY OF RANCHO CUCAMONGA 6 ,fit, NOVEMBER 21,2019 Page 1'' COST ESTIMATING We understand the importance of defining realistic construction costs and cost increase projections when utilizing grant funds. Our firm excels in this type of cost estimating in house, as we regularly prepare detailed construction plans, details, specifications and estimates for park projects, and strive to make our construction drawing packages the most biddable and buildable across the industry. Since we perform Landscape Plan Check for various agencies, our finger remains on the pulse of the industry, and are able to glean tips and tricks to making plans more readable,maintaining a good balance of notes and clarifications without overwhelming the drawings with redundant information. We are regularly receiving bids for various public work projects. Upon receiving the bid we also request from the two apparent low bidders their unit prices. We incorporate these updated unit prices into our own in-house cost estimates. This allows our firm to provide up-to date cost estimates for our clients. We just received bids in mid August for an$18 million park expansion and renovation in Rialto. Our Construction Estimate for the project was $18.2 million for the entire project. We received 11 competitive bids with the low bid being$15.8 million and the high at $21.8 million. We always shoot for our estimates to be "in the middle". The table below was provided by and developed by the City of Rialto for Frisbie Park Expansion. Table 7 Total Base Bid A Company Location Type of Firm Base Bid Additive Bid Additive Bid Amount PAL Inv9estmenil Corp_ DBA Silverstrand San Diego, CA Corporation $11,823,401.00 $ 4,061,449.00 $ 15,884,850.00 Construct on Los Angeles Engineering.. Conn_ CA Corporation $11,663,997.00 $ 5,028,001.00 $ 16,691,998.00 Inc. BaweContractors. Inc. Lancaster. CA Corporation $11,646,944.00 $ 5,153,796.00 $ 16,800,740.00 Environmental Woodland Hills. Corporation $11,617,644.00 $ 5,526,900.00 $ 17,144,544.00 Construction Inc. Kasa Construction, Inc. Chino. CA Corporation $12,916,0W.00 $ 4,360,0D0.00 $ 17,276,000.00 0hno Construction Fontana. CA Corporation $13,079,0W.00 $ 4,969,0D0.00 $ 18,048,0W.00 Company RC Craves Construction Rialto. CA Corporation $13 248 724.73 $ 4,803,418.4.6 $ 18 052 143.19 Horizon Construction Company International. Orange. CA Corporation $12,803,554.85 $ 5,564,705.67 $ 18,368,260.52 Inc. MorilloConstructon- Inc_ Pasadena, CA Corporation $13,226,000_.00 $ 6,118,0D0.00 $ 19,344,000.00 James McMinn, Inc_ Grand Terrace, Co oration $12,977,900.00 $ 6,989,0D0.00 $ 19,966,900.00 Access Pacific, Inc_ Pasadena, CA Corporation $14,229,500.00 $ 7,566,0D0.00 $ 21,795,500.00 Community Works Oe5ign Group has been the City of Highland'5 exclusive Landscape Architectural firm since 1990. Their commitment to the Oty i5 reflected in their quabty of work, timely response and customized 5olution5 to our challenges, and overall re5pon5ivene55. " Lawrence A.Mainez,Community Development Director-City of Highland PROPOSAL FOR DOG PARK CONSULTING SERVICES(RFP#19120-019): CITY OF RANCHO CUCAMONGA 7 NOVEMBER 21,2019 ram, Page 2 REFERENCES Community Works Design Group(CWDG)excels in providing Landscape Architectural and Park Planning Services for our municipal clients. We encourage you to reach out to the following clients for a candid assessment of our ability to maintain proactive, dedicated service on the successful execution of multiple projects: Client: CITY OF PERRIS Services rendered CWDG has served as prime consultant for various Park Planning Services at within past 3 years various City park sites,including community design process,conceptual design,3d (since 2016): modeling,construction drawings, and construction administration. CWDG Staffing: Project Principals: Scott Rice (Design) Tim Maloney (QA/QC) Project Manager: Allison Rush Contact: Sabrina Chavez, Director of Community Services and Housing (951) 943-6603 schavez@cityofperris.org Reference Projects: Enchanted Hills Park-Prop 68 Grant Application submitted August 2019 Goetz Park,Phase II- Currently Preparing Construction Docs Mercado Park-Past CPRS Award of Excellence Winner in Park Planning 77- Top and Bottom Left:CWDG worked diligently with the City of Perris and F� their Grant Writing Consultant on the expedited preparation of multiple design options, narrowed down through active community participation. 4 � All � 4 WI~TZ PARK-PHASE I I � �J ertr oe rERxu Above:Final Concept for Goetz Park Expansion,July 2019 PROPOSAL FOR DOG PARK CONSULTING SERVICES(RFP#19/20-019): CITY OF RANCHO CUCAMONGA 8 �l^ • NOVEMBER 21,2019 ra��, Page 3 Client: CITY OF RIALTO Services rendered CWDG served as prime consultant for various Park Planning Services at five City park within past 3 years sites for$25+ million in park improvements, including community design process, (since 2015): conceptual design,3d modeling, construction drawings,construction administration. CWDG Staffing: Project Principals: Tim Maloney and Scott Rice Project Managers: Scott Rice, Kay Kite,Allison Rush Contact: Hector Gonzalez,Principal Civil Engineer 1 (909) 820-2602 1 hgonzalez@rialtoca.gov Perry Brents,Director of Community Services 1 (909) 820-8035 1 pbrents@rialtoca.gov Reference Projects: Bud Bender Park: Renovation to Existing 8 acre Park ($2.5 M/Comp.2016); Joe Sampson Park: 8 acre New Neighborhood Park ($5.5 M/Opened February 2019); Frisbie Park:16.7 acre Park Renovation and Expansion ($18 M/Currently Bidding) Design fees for the above-listed projects were approximately 4%-6% of estimated construction cost,varying depending on complexity and detail of each project. - J C OtiC EPRIAL MASTER PLAN W D SENDER PARK I KPROVEKENTS *� = '•' $U[]gEt~lpER PAR 'CITY pF RIALTp = - Cf1Y OF R[AUQ The Bud Bender Park Improvement project involved the coordination between multiple City departments, local residents and key stakeholders. CWDG worked diligently to provide modern park improvements ( including a regulation Pony League field while preserving large shade trees,a group picnic shelter, and a historic adobe building. 31 Before Renovation(2014) During Renovation(2015) After Renovation(2016) PROPOSAL FOR DOG PARK CONSULTING SERVICES(RFP#19/20-019): CITY OF RANCHO CUCAMONGA 9 ^'• NOVEMBER 21,2019 cam Page 4 Client: CITY OF RIALTO (continued) Joe Sampson Park: _ 8 ac. New Neighborhood Park ($5.5 M/Opened February 2019) Notable Features: • Dry-stream infiltration feature along its south and west perimeter, constructed of rock harvested during on-site grading operations • Custom "Rialto"bridge over dry PE FZSPECTIVE RENDERING VAC ING NORTH stream at main entry JOE SAMPSON PARK CI YOF RIALTO "• - ��... California-friendly planting palette, generally consisting of low water use plants, irrigated by Calsense ET adjusted controller • Porous rubberized jogging track at perimeter of sports field, keeping overspray off impervious surfaces We found the CVVDG team, led by Scott Rice, to be very proactive, friendly, and detailed throughout the construction of Joe Sampson " - - = Park. 9#1k Sam Kasbar,VP • ' r KASA Construction samk@kasaconstruction.com PROPOSAL FOR DOG PARK CONSULTING SERVICES(RFP#19/20-019): CITY OF RANCHO CUCAMONGA 10 �^ • NOVEMBER 21,2019 Page 5 Client: CITY OF RIALTO (continued) Frisbie Park: 16.7 ac. Renovation + Expansion NORrtzEXPANSION ($18 M/ Currently Under Construction) Notable Features: • Park designed with direct input from IMPROVEMENTS City Maintenance staff, including IMPROVEMENTS � ,,A..... TO EXISTING PARK materials selection, amenity arrangement to allow proper clearances for service equipment -' — --"'-...... • Complete analysis and renovation - - of all accessibility(ADA) aspects of - existing park, led by CWDG's in- _ house Certified Access Specialist (CASp) SOUTH EX PAN51OW #`S�!�"'^L _ "'°^` • Several existing heritage trees q_. protected in place 1� • i Ali l' MASTER PLAN - - - FRISBIE PARK EXPANSION , ` CO RENDERING " DOGG PARK RK►r pRIS91E PARK my(w RIALTO i We have provided a few more examples of _ `• renderings that were prepared by CWDG and utilized - during the public outreach phases of the Frisbie Park Renovation and Expansion project for the City of Rialto. Frisbie Park Expansion-Construction Progress as of September 3, 2019 �� PROPOSAL FOR DOG PARK CONSULTING SERVICES(RFP#19/20-019): CITY OF RANCHO CUCAMONGA 11 fi ,, NOVEMBER 21,2019 ' Page 6 Client: CITY OF ONTARIO, CALIFORNIA Services rendered CWDG,in the capacity as an On-Call Landscape Architecture consultant for the within past 3 years City of Ontario, assisted the City in the community design process, conceptual (since 2016): design for a Proposition 68 Grant Application. CWDG Staffing: Project Principals: Tim Maloney and Scott Rice Project Manager: Allison Rush Contact: Tito Haes,Executive Director of Public Works (909) 395-2625 thaes@ontarioca.gov Reference Projects: Galanis Park-Prop 68 Grant Application submitted August 2019; Celebration Park Amphitheatre Concept currently in progress. UKXM a -+- �eunnu L a r.miww.rn ww +a.n-.+cwmwcra ��: nan.xu r.mtua.rwv+c+Rta. av aa.mx R o-ft PRELIMINARY MASTER PLAN _ '4F. GALANIS PARK CITYOF OVTARIO 3 - x ,..... 74 CELEBRATION PARK SOUTH CrrYOF O rAR10 PROPOSAL FOR DOG PARK CONSULTING SERVICES(RFP#19/20-019): CITY OF RANCHO CUCAMONGA 12 NOVEMBER 21,2019 ' Page 7 Client: COUNTY OF SAN BERNARDINO, CALIFORNIA Services rendered CWDG assisted the County in the community design process,conceptual design within past 3 years and construction drawings (underway) for a new park project, including assistance (since 2016): in the Proposition 68 Grant Application. Design includes a Dog Park. CWDG Staffing: Project Principals: Tim Maloney Project Manager: Scott Rice, Kay Kite Contact: David Van Diest,Project Manager- Community Development and Housing Agency (909) 387-4331 david.vandiest@cdh.sbcounty.gov Reference Project: Ayala Park-Prop 68 Grant Application submitted August 2019 i 3 _ r PRELIMINARY MASTER PLAN _ AYALA PARKI. _— COUNTY OF SAN BERNARDINO-COMMUNITY DEVELOPMENT&HOUSING AGENCY M s w S PROPOSAL FOR DOG PARK CONSULTING SERVICES(RFP#19/20-019): CITY OF RANCHO CUCAMONGA - 13 �1 NOVEMBER 21,2019 �' Page 8 Client: JURUPA AREA RECREATION & PARK DISTRICT (JARPD) Services rendered CWDG served as prime consultant for various park design and renovation within past 3 years projects throughout the District. CWDG also has provided all Landscape Plan (since 2016): Check and Inspection Services for the District continuously since 2015. CWDG Staffing: Project Principals: Tim Maloney and Scott Rice Project Managers: Scott Rice, Kay Kite,Allison Rush Contact: Colby Diuguid, General Manager (951) 361-2090 colby@jarpd.org Reference Projects: Various Playground Renovation Projects-$1 million (Completed 2017-2018) Veterans Park Renovation and Splash Pad-$ 1 million (Opened October 2018) Horseshoe Lake Park Improvements-$3 million (Construction begins Summer 2019) Horseshoe Lake Park Notable Features: Entire park utilizes solar power �eM for lighting and irrigation control Balanced grading on-site (no import or export) Existing vernal pools protected in place Pervious paving used for walking . �,.w iW�ui p� � PRELIMINARY MASTER PLAN aths HORSESHOE LAKE PARK JU RUPA AREA RECREATION$PARK DISTRICT S y ■ 7 , I CWDG and JARPD met on-site with residents surrounding the park site, to physically identify locations of all proposed features. PROPOSAL FOR DOG PARK CONSULTING SERVICES(RFP#19/20-019): CITY OF RANCHO CUCAMONGA 14 NOVEMBER 21,2019 Te Page 119 Client: CITY OF BEVERLY HILLS, CALIFORNIA Services rendered: CWDG served as prime consultant for various park design and renovation projects throughout the City. CWDG Staffing: Project Principals: Tim Maloney Project Managers: Scott Rice, Kay Kite Contact: Mandana Motahari, City Architect (310) 288-2866 mmotahari@beverlyhills.org Reference Projects: Hamel Mini-Park (below- renovation) Beverly Gardens Park (renovation) Roxbury Park (renovation) La Cienega Park (renovation) Will Rogers Park (renovation) I �. � r� .•si.'_ I ry We have worked with CWDG for over 30 years on a variety of park projects. We enjoy working wth " their leadership team and have found them to be efficient and timely In their responses. Mitch Adkison,VP :�" y • ." Adkan Engineers madkison@adkan.com PROPOSAL FOR DOG PARK CONSULTING SERVICES(RFP#19/20-019): CITY OF RANCHO CUCAMONGA 15 _ J foo NOVEMBER 21,2019Pagep' QUALITY ASSURANCE AND QUALITY CONTROL To assist in the development of accurate plans, specifications and "buildable" projects, we are pleased to have Principal Landscape Architect/ Company Founder Tim Maloney assist and provide Quality Assurance and Quality Control for our team. Tim has overseen the design and implementation of well over$250 million in park construction over the course of his career.His"inside Design/Build"knowledge of the construction industry will be very valuable to the City and our team. His knowledge of putting Public Works bids together will be invaluable. His knowledge of the construction industry with his hands on approach and knowledge of working years in the field on construction projects will assure that the designs are Value Engineered from day one. In addition to reviewing our plans and construction cost estimates, Tim will also act as a second set of independent review of our plans and specifications. He will cross check our plans and cost estimates with his "on-site construction" numbers and also with our latest recent bid results. PROJECT SCHEDULE - PARK PLANNING We understand that the City needs to deliver a finished Dog Park prior to December 2021, and that final design plans will need to be completed within 4-6 months of contract award. Our team has the capability and track record to expedite this project within those time frames. Here are a couple of examples: BAGDOUMA PARK EXPANSION- City of Coachella: $6 million of park improvements: Start of CD's:June 2012 /Plans approved: August 2012/Start of Construction: October 2012 GOETZ PARK,PHASE II- City of Perris: $2 million of park improvements: Start of CD's:July 2019/Plans approved: November 2019/Start of Construction:January 2020 PROPOSAL FOR DOG PARK CONSULTING SERVICES(RFP#19/20-019): CITY OF RANCHO CUCAMONGA 16 fi NOVEMBER 21,2019 ' Page 1 f r Ron villain allJOIN r� p Iloilo !NI Of � Oil i �. :G THIRD-PAtZTYI RACTOR '•'• •' �• '�' • • lie THIRD-PARTY/ SUBCONTRACTORS: Since the Rancho Cucamonga Dog Park project is located within 22 miles of our office, we will be able to work with our "home team" of subconsultants, as listed below: SURVEYING/CIVIL ENGINEERING: Adkan Engineers,Riverside, CA;Mitch Adkison,PE,PLS Adkan Engineers will be involved in the topographic surveying,utility coordination,civil engineering design, SWPPP/ WQMP preparation for this project. Adkan has partnered with CWDG for numerous park design projects, including: 1) Frisbie Park Expansion and Joe Sampson Park in Rialto; Contact Hector Gonzalez,Principal Engineer, City of Rialto Public Works-(909)421-4986 2) Mercado Park and Goetz Park,Phase II;San Jacinto River Trail;Perris Valley Storm Drain Channel Trail; Contact Sabrina Chavez,Director of Community Services, City of Perris - (951)442-5115 3) Eastvale Community Park,Phase I and Harada Heritage Park(multiple phases); Contact Rafael Gonzalez,Park and Recreation Manager,Jurupa Community Services District(951) 727-3524 ELECTRICAL ENGINEERING: RASC Engineering,Rancho Cucamonga, CA:Joe Rogowicz,PE RASC Engineers will be involved in the lighting design and electrical engineering for this project. RASC has partnered with CWDG for numerous park design projects, including: 1) Frisbie Park Expansion and Joe Sampson Park in Rialto; Contact Hector Gonzalez,Principal Engineer, City of Rialto Public Works-(909)421-4986 2) Goetz Park,Phase II; Contact Sabrina Chavez,Director of Community Services, City of Perris- (951)442-5115 3) Kennedy Park Renovation in Pomona; Contact Matt Pilarz,Acting City Engineer, City of Pomona - (909) 620-3652 GEOTECHNICAL ENGINEERING: Geocon West,Redlands, CA: Lisa Battiato, CEG Geocon West will be involved in the geotechnical engineering for this project. Geocon has partnered with CWDG for numerous park design projects, including(see next page): PROPOSAL FOR DOG PARK CONSULTING SERVICES(RFP#19/20-019): CITY OF RANCHO CUCAMONGA NOVEMBER 21,2019 Page 3 1) Rancho Mirage Dog Park; Contact Jesse Eckenroth,Public Works Director(760) 770-3224 2) Cypress Sports Park: Contact Nick Mangkalakiri,Assistant City Engineer(714)229-6729 3) Phillips Paw Park in Pomona; Contact Matt Pilarz,Acting City Engineer, City of Pomona- (909) 620-3652 STRUCTURAL ENGINEERING: Innovative Structural Engineers,Temecula, CA;Shane Lothrop,PE Innovative Structural Engineers (ISE) will be involved in the structural details and calculations for this project. ISE has partnered with CWDG for numerous park design projects, including: 1) Frisbie Park Expansion and Margaret Todd Park in Rialto; Contact Hector Gonzalez,Principal Engineer, City of Rialto Public Works-(909)421-4986 2) Goetz Park,Phase II and San Jacinto River Trail in Perris; Contact Sabrina Chavez,Director of Community Services, City of Perris - (951)442-5115 3) Horseshoe Lake Park; Contact Colby Diuguid, General Manager,Jurupa Area Recreation and Park District(951)361-2090 PROPOSAL FOR DOG PARK CONSULTING SERVICES(RFP#19/20-019): CITY OF RANCHO CUCAMONGA - 19 NOVEMBER 21,2019 ` 1 Page 4 ♦ • A - i i k I r j PROPOSAL FOR DOG PARK CONSULTING SERVICES(RFP#19/20-019): CITY OF RANCHO CUCAMONGA Zp NOVEMBER 21,2019 ' Page 5 ORGANIZATION CHART r RANCHO CUCAMONGA PRIMARY CONTACT • =ASLA,LEED AP,CASp INFORMATION: PRINCIPAL-PROJECT COORDINATOR f Landscape Architect,#5111(CA),#2645(NY) Scott Rice,Vice President 18 Years Landscape Architectural Experience scott CI cwdg.fun Has Designed Over 100 Parks (951) 369-0700 ALLISON RUSH ASLA TIM MALONEY ASLA,CPRS SENIOR PROJECT MANAGER 4 PRINCIPAL- QUALITY CONTROL/ Landscape Architect,#6378(CA) ` QUALITY ASSURANCE Landscape Architect,#2110(CA),#385(NV) 40 Years Landscape Architectural Experience SUPPORT STAFF: KAY KITE CID,CLIA,R:R ] Bud Fish-Civil Engineer IRRIGATION DESIGNE r, ';; Benjamin Perez-Landscape Designer Certified Irrigation Desig Cindy Ingram-Clerical Support Certified Landscape Irriga 20 Years Irrigation Design LOCALLY-BASED SUBCONSULTANTS (as needed): LAND SURVEYING GEOTECHNICAL ENGINEERING STRUCTURAL ENGINEERING ELECTRICAL ENGINEERING / ETC. TEAM INFORMATION Scott Rice will serve as the Project Principal and Allison Rush will be the Senior Project Manager assigned to work with the team. Kay Kite will handle all Irrigation portions of the project. Tim Maloney will be providing all Quality Assurance and Quality Control. CWDG will not replace any of the above-listed key team members without prior consultation with the City of Rancho Cucamonga. PROPOSAL FOR DOG PARK CONSULTING SERVICES(RFP#19/20-019): CITY OF RANCHO CUCAMONGA 21 NOVEMBER 21,2019 Page 6 RESUMES Note:All individuals listed below were actively involved in ALL reference projects included within this Statement of Qualifications. We are a true TEAM, in every sense of the word. TIMOTHY I. MALONEY ASLA,CPRS YEARS WITH COMPANY: 34 PRESIDENT/PRINCIPAL B.S.,Landscape Architecture,California Polytechnic State University at San Luis Obispo Licensed Landscape Architect,State of California,#2110 Mr. Tim Maloney is the President and Founder of Community Works Design Group (34 years with firm). Graduating with Honors from Cal Poly, San Luis Obispo, he holds a Bachelor of Science Degree in Landscape Architecture. He is a member of the American Society of Landscape Architects (ASLA), California Park and Recreation Society (CPRS), and the Southern California Turfgrass Council. Prior to entry into the private sector of the profession, Tim was Assistant Landscape Architect for the City of San Luis Obispo.His varied responsibilities with the City included park design,streetscene design, consultation for the Architectural Review Board and City/consultant liaison. The firm's philosophy, "We will exceed your needs," is accomplished by his hands-on approach to each project. As President of the firm,Tim maintains a strong role in the overall coordination of each project. He stresses physical and economical feasibility of the total project, through careful supervision and production coordination from initial design phases through construction implementation. SCOTT J. RICE ASLA,LEED AP,CASp YEARS WITH COMPANY: 17 VICE PRESIDENT/PRINCIPAL B.S.,Landscape Architecture,California State Polytechnic University at Pomona Licensed Landscape Architect,State of California,#5111,State of New York#2645 Certified Access Specialist CASp-709 Mr. Scott Rice is a Principal with Community Works Design Group. Scott graduated with Honors from Cal Poly Pomona, with a Bachelor of Science Degree in Landscape Architecture. He is a full member of the American Society of Landscape Architects (ASLA). Scott is a LEED Accredited Professional, and is one of only three Licensed Landscape Architects holding CASp (Certified Access Specialist) certification. He currently serves as the City Landscape Architect for the City of Highland,and has served continuously in that role since 2005. Scott is in charge of CWDG's in-house quality control/quality assurance process. In addition to his 17 year tenure with CWDG,Scott has also managed the design division of a nationally- recognized design-build firm, specializing in action sport facilities. PROPOSAL FOR DOG PARK CONSULTING SERVICES(RFP#19/20-019): CITY OF RANCHO CUCAMONGA 22 fiR; , NOVEMBER 21,2019 ' Page 7 ALLISON RUSH, ASLA YEARS WITH COMPANY: 6 SENIOR PROJECT MANAGER Bachelor of Arts,The Pennsylvania State University Master of Landscape Architecture,Temple University Licensed Landscape Architect,State of California,#6378 Ms. Allison Rush is a Project Manager with Community Works Design Group, with East Coast roots. Allison earned her Bachelor's degree in Human Geography from �_ � ; Penn State, and her Master of Landscape Architecture .- .._� degree from Temple University. Allison's education focused on the means and methods of interaction between people and public spaces. She excels at understanding how best to configure and optimize outdoor spaces for the health and enjoyment of users of all ages and abilities.Allison also has a strong grasp of designing with various digital media techniques, - including CAD, 3-d modeling and photo simulation. With her education and skills, Allison has been integral in our team's efforts of conveying and shaping ideas for many important projects throughout California. Shown above are a couple of examples of our 3-d renderings,prepared for the City of Rialto. Top:Frisbie Park KAY C. KITE CID,CLIA Expansion;Bottom:Joe Sampson Park. IRRIGATION SPECIALIST/PROJECT MANAGER YEARS WITH COMPANY: 21 Bachelor of Arts,California State University at San Bernardino Master of Landscape Architecture (in progress);Cal Poly Pomona (estimated completion:Spring 2020) CID/CLIA Irrigation Association#006190 Ms. Kay Kite is an Irrigation Specialist with Community Works Design Group. Kay graduated from California State University in San Bernardino, Cum Laude, earning a Bachelor of Arts degree. Kay has been with CWDG for 20 years. She will be providing services in Irrigation Design and Water Auditing. Kay draws from over ten years of practical and theoretical irrigation training in order to design systems for projects, ranging from small pocket parks to one hundred and twenty acre sports parks. Not limited to irrigation systems, Kay has over nine years of experience in a variety of landscape design projects including various parks, Multi-family Housing, Planned Residential Communities, Urban Streetscapes, and other private/commercial ventures. PROPOSAL FOR DOG PARK CONSULTING SERVICES(RFP#19/20-019): CITY OF RANCHO CUCAMONGA 23 NOVEMBER 21,2019 Page 8 •■.._ �Y��1�1 i�i -=:;xlrif t•►IutnE �r s, rl•r . ..,.f -�_ ywmtilj..' '4y '1...l.l ItViT W!! 1•r +.. f. PRE OS L PONSE i • 1 • •Rdt SCOPE OF WORK TASK 1- DESIGN DEVELOPMENT Since the City has already reached a working conceptual plan with full Community input, we will begin our scope at Design Development,then will continue into Construction Drawings,and Bidding/Construction support services. 1. We will work with the City Staff using the approved Master Plan for the dog park, to advance and prepare final design documents. These plans will begin to define the exact size, quality and method of construction of the master plan. Plans will be 24" x 36" format in AutoCAD 2015 or newer format, at 20 scale. 2. We will secure a topographic survey of the park site.All existing and proposed grades, drainage systems, soft and hard elevations,pad elevations, ADA access from adjacent walks and throughout the project areas,property lines,easements,boundaries,etc.will be indicated.Previously prepared geotechnical and percolation borings and reports for the site will be utilized for grading specifications, pavement sections, over excavation requirements for structures and footings/foundation design. 3. The grading and paving plans will reflect all soft and hard paving,parking lot,flatwork, drainage devices, utility services, landscape areas, erosion control devices, curbs, gutters, fencing and walks and pad design. The grading plan will be in compliance with NPDES permitting requirements. An erosion control plan and WQMP will be provided as part of the grading submittal. 4. CWDG will coordinate the site amenity details with the manufacturers, such as shade covers and restroom building. All Utility connections will be included. 5. All site furnishings and amenities to be incorporated into each park will be provided to the City to review in a booklet format. We want to assure that all site furnishings comply with the City's current inventory and/or will be acceptable to the City for post construction ownership and maintenance purposes. 6. The irrigation plans will be prepared by our in-house Certified Irrigation Design team. We will review with City Staff all proposed equipment to be incorporated into the design of the irrigation system. 7. Schematic Planting Plans with all necessary photo and plant descriptions will be provided. Plant suitability, maintainability, drought resistance, and reliability will be primary concerns. 8. All of the design teams plans will be reviewed with the City Staff (all departments required) on a regular basis. PROPOSAL FOR DOG PARK CONSULTING SERVICES(RFP#19/20-019): CITY OF RANCHO CUCAMONGA 25 , , NOVEMBER 21,2019 Page 0 9. Continuous construction and maintenance cost estimate updates from CWDG will be presented as required. 10. We will attend all meetings with City staff and project stakeholders and lead all presentations as required during this phase of the project. TASK 1 -DESIGN DEVELOPMENT PHASE- DELIVERABLES • PDF copies of all documents • Regular e-mail progress updates and ongoing coordination documentation • 6 sets hard copies of each submittal (65%level) • Documentation of QA/QC Plan Implementation • Preliminary Cost Estimates (updated throughout project) • 50% Draft Technical Specifications (Word) NMI -- L �tj' r ,r_•�r Mercado Park is a fine example of recent teaming efforts between our firm and the City of Perris.Statewide Park Program Grant Winner, CPRS Award of Excellence in Park Planning Winner Aft PROPOSAL FOR DOG PARK CONSULTING SERVICES(RFP#19/20-019): CITY OF RANCHO CUCAMONGA 26 NOVEMBER 21,2019 ' Page 1 TASK 2 - CONSTRUCTION DOCUMENTS Upon receipt of approval of the Design Development portion, we will continue preparation of the Construction Documents. The plans will continue the concepts of low maintenance, vandal resistance, attractive and practical design solutions. 1. CIVIL ENGINEERING PLANS: Our locally-based civil engineering consultant will prepare and process a fine grading plan for construction of finished grading, horizontal control,water plans,bio-swales and dust control plans. Cut and Fill earthwork calculations will be prepared at the 50% point and again at the 80% submittal. The plans will be at a scale of 1"=20' and indicate detail finish grading, Particular emphasis will be placed on ADA access into and within the park and will be designed with City input. Various options will be explored and refined into the construction document details. The Civil Engineer will prepare a Storm Water Pollution Prevention Plan (SWPPP). A SWPPP will need to be prepared and submitted to the Regional Water Quality Control Board. The SWPPP Manual will be prepared in accordance with the National Pollution Discharge Elimination System (NPDES) guidelines.The SWPPP Manual will be developed and certified by a Qualified SWPPP Developer(QSD).It is assumed that the client and/or the Contractor will retain an on-site Qualified SWPPP Practitioner (QSP) for implementation and monitoring of the SWPPP Manual, including all effluent sampling and reporting. Upon completion of the preparation of the SWPPP Manual,a digital pdf will be provided to the client and Legally Responsible Person (LRP). One (1) hard copy of the SWPPP will be provided to be kept on-site during construction. This category does not include any City fees associated with submittal. Once the SWPPP is uploaded,approved,and fees have been paid, a Notice of Intent (NOI) will be issued and forwarded to the Client for their records.Mitigation options for reducing erosion will be shown on an erosion control plan, or on the precise grading plan. 2. CONSTRUCTION DRAWINGS: Construction Drawings will include site plans and details (will locate by dimensioning all project elements as approved in the Final Master Plan - potentially including picnic structures, shade shelters, fencing, all ADA access including access to park, parking lot, site furnishings). Plans will identify recommended suppliers and products, with emphasis given to local sources, sustainable concepts, recycled/recyclable materials, and durability of products. 3. IRRIGATION PLANS: We will prepare complete irrigation plans. All elements of the system will be designed to carry optimal amounts of water to irrigate the affected sites. Full detailing of all equipment will be included. Vandal resistance,durability,serviceability, reliability, water conservation, reclaimed water options, efficiency and, most importantly, consistency with City standards will be our primary concerns. PROPOSAL FOR DOG PARK CONSULTING SERVICES(RFP#19/20-019): CITY OF RANCHO CUCAMONGA 27 ( , NOVEMBER 21,2019 Page 2 TASK 2 - CONSTRUCTION DOCUMENTS-continued 4. PLANTING PLANS: Complete Planting Plans with all necessary details will be provided. Native and naturally sustainable species will be of primary importance in the plant selection process. Planting options for students and the community will be included. 5. ELECTRICAL: Complete Electrical Plans with all necessary details will be provided. We will be evaluating all existing systems and incorporate all of the latest technologies including solar, low voltage, LED systems to produce the most efficient and long term solutions for the City. 6. SPECIFICATIONS: Specifications detailing materials and workmanship for all of the above items will be provided as required. 7. COST ESTIMATES: Final estimates of probable construction and maintenance costs will be prepared with CWDG providing regular value engineering recommendations. 8. DOCUMENT PROCESSING: We will submit the documents for City and various Utility approvals. We will review documents and make all necessary corrections. 9. MEETINGS:We will attend all meetings with City staff and project stakeholders and lead all presentations as required during this phase of the project. 10. FINAL DOCUMENTS: After final approval, 24" x 36" mylars shall be submitted to the City along with a hard copy and an electronic copy of the plans and specifications for bidding purposes. TASK 2- CONSTRUCTION DOCUMENT PHASE-DELIVERABLES • PDF copies of all documents • Regular e-mail progress updates and ongoing coordination documentation • 6 sets hard copies of each submittal (90% and 100%level) • Documentation of QA/QC Plan Implementation • Preliminary Cost Estimates (updated throughout project) • 90% Draft plans, estimates and technical Specifications; 100% Final Techni cal plans, specifications and estimates. • Spreadsheet identifying community volunteer opportunities • CAD files of all pertinent drawings • Construction Reference File (For Construction Inspector) PROPOSAL FOR DOG PARK CONSULTING SERVICES(RFP#19/20-019): CITY OF RANCHO CUCAMONGA 28 ( , NOVEMBER 21,2019 Page 3 TASK 3 - BIDDING/ CONSTRUCTION PHASE 1. When the project goes out for competitive bidding,we will assist the City in the bid process, distributing bid packages, noting direction given to contractors, respond to Requests for Information and other questions asked. We will provide follow-up clarifications or addendum items for all electronic bids. 2. We will attend and chair the pre-bid meeting and provide written minutes and follow up information as required. We will assist the City in obtaining and evaluating bids for the project as required. 3. We will assist the City with construction administration assistance for specialty areas where specific technical expertise is required in determining conformance to design concepts and approved plans and specifications. 4 We will participate in twice monthly construction meetings. Based on our observations at the site and on the contractor's application for payment, we will assist in determining the amount owed to the contractor. We will review job drawings,as-builts,RFI's samples and other submissions of the contractor for conformance with the design of the project and for compliance with the information given in the conformance contract documents, for the project. 5 We will review change orders and submittals for approval and issuance by the City. We will respond to requests for information from the contractor,issue field bulletins and requests for quotations. 6 We will review as-builts and assist in the reproduction of the as-built information on disc, for the project. TASK 3 -BIDDING/CONSTRUCTION PHASE-DELIVERABLES • PDF copies of all documents (field reports,etc.) • Preparation of Architect's Supplemental Instructions (ASI) as needed. • Prepare as-built/record drawings • CAD files of all pertinent drawings PROPOSAL FOR DOG PARK CONSULTING SERVICES(RFP#19/20-019): ► CITY OF RANCHO CUCAMONGA 29 NOVEMBER 21,2019 Page 4 _ ..r rY •'L'- ' I r _' k, ti , ..,yti'�4•• �'�' •'+',{ • _i 'mot � � I .. ... . I ��• 'fir• ■ i � - 4 ti Fb REQUIRED EXHIBITS -•-• alas1 . • 1 1 • � _I City of Rancho Cucamonga Request for Proposal("RFP")#19/20-019 for Dog Park Consulting Design Services "EXHIBIT A"CITY OF RANCHO CUCAMONGA CONFLICT OF INTEREST/NON-DISCLOSURE STATEMENT It is the policy of the City of Rancho Cucamonga to prevent personal or organizational conflict of interest, or the appearance of such conflict of interest, in the award and administration of City Contracts, including, but not limited to Contracts for Professional Services Agreements ("PSA") with potential Consultants. I do not have specific knowledge of confidential information regarding RFP responses received in response to the Request for Proposal ("RFP")#19/20-019 for Dog Park Consulting Design Services. 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. Scott Rice (Print Name) Prospective Consultant (Relationship to the City) Prime Consultant (Relationship to the Consultants) (Signature) Novem r 21, 2019 (Date) Must be included in final RFP submittal. PROPOSAL FOR DOG PARK CONSULTING SERVICES(RFP#19/20-019): CITY OF RANCHO CUCAMONGA 31 NOVEMBER 21,2019 ' Page 6 City of Rancho Cucamonga Request for Proposal("RFP")#19/20-019 for Dog Park Consulting Design Services "EXHIBIT B" PROFESSIONAL SERVICES AGREEMENT EXCEPTIONS SUMMARY Mark the appropriate choice, below: N 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. G)W- Signature Scott Rice Printed Name Vice President Title November 21,2019 Date Must be included in final RFP submittal. PROPOSAL FOR DOG PARK CONSULTING SERVICES(RFP#19/20-019): CITY OF RANCHO CUCAMONGA 32 NOVEMBER 21,2019 ' Page 7 City of Rancho Cucamonga Request for Proposal("RFP")#19/20-019 for Dog Park Consulting Design Services "EXHIBIT C"ACKNOWLEDGMENT OF INSURANCE REQUIREMENTS AND CERTIFICATION OF ABILITY TO PROVIDE AND MAINTAIN COVERAGES SPECIFIED I, Scott Rice the Vice President (President, Secretary, Manager, Owner or Representative) of Community Works Design Group , 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") #19/20-018 for Request for Proposal ("RFP") #19/20-019 for Dog Park Consulting Design Services 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 Scott Rice Printed Name Vice President Title November 21, 2019 Date Must be included in final RFP submittal. PROPOSAL FOR DOG PARK CONSULTING SERVICES(RFP#19/20-019): CITY OF RANCHO CUCAMONGA 33 {;'?:;„�;;., NOVEMBER 21,2019 ' Page 8 City of Rancho Cucamonga Request for Proposal("RFP")#19/20-019 for Dog Park Consulting Design Services "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. 001 -Posted 11/12/19 Signature Scott Rice Printed Name Vice President Title November 21,2019 Date Must be included in final RFP submittal. PROPOSAL FOR DOG PARK CONSULTING SERVICES(RFP#19/20-019): CITY OF RANCHO CUCAMONGA 34 NOVEMBER 21,2019 Page 9 City of Rancho Cucamonga Request for Proposal("RFP")#19/20-019 for Dog Park Consulting Design Services "EXHIBIT E" DEBARMENT and SUSPENSION CERTIFICATION FORM I certify that neither Community Works Design Group (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. Signatur Scott Rice Printed Name Vice President Title November 21,2019 Date Must be included in final RFP submittal. PROPOSAL FOR DOG PARK CONSULTING SERVICES(RFP#19/20-019): CITY OF RANCHO CUCAMONGA fk 35 NOVEMBER 21,2019 Page 1 City of Rancho Cucamonga Request for Proposal("RFP")#19/20-019 for Dog Park Consulting Design Services "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 of Rancho Cucamonga is not an agent, partner or representative of these agencies and is not obligated or liable for any action of debts that may arise out of such independently negotiated piggy-back procurement. Each public agency shall accept sole responsibility of its own order placement and payments of the Consultants. Successful Consultants will extend prices as proposed herein to other governmental agencies, please specify. YES X NO Must be included in final RFP submittal. PROPOSAL FOR DOG PARK CONSULTING SERVICES(RFP#19/20-019): CITY OF RANCHO CUCAMONGA __ 36 NOVEMBER 21,2019 ' Page 1 1 City of Rancho Cucamonga Request for Proposal("RFP")#19/20-019 for Dog Park Consulting Design Services "EXHIBIT G"SIGNATURE OF AUTHORITY The undersigned firm declares that he has carefully examined the specifications and read the above terms and conditions, and hereby proposes and agrees, if this RFP response is accepted, to furnish all material in accordance with the specifications and instructions, in the time and manner therein prescribed for the unit cost amounts set forth in the following RFP response. THE 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: Community Works Design Group,LLC (Street,Su.#city,State,zip) 4649 Brockton Avenue Riverside, CA 92506 Telephone#: (951) 369-0700 Fax#: (951) 369-4039 E-mail address: Web Address: scott@cwdg.fun www cwdg.fun Authorized Representative:(print) Title: Scott Rice Vice President Signature: Date: A� I November 21,2019 Must be included in final RFP submittal. ZPROPOSAL FOR DOG PARK CONSULTING SERVICES(RFP#19/20-019): CITY OF RANCHO CUCAMONGA 37 NOVEMBER 21,2019 Page ' 1 2 City of Rancho Cucamonga Request for Proposal("RFP")#19/20-019 for Dog Park Consulting Design Services "EXHIBIT H"REFERENCES WORKSHEET The following References Worksheet must be complete,please do not mark"See Attached". Provide a minimum of four (4) clients that are similar in size to the City of Rancho Cucamonga that your company has conducted comparable or like services. Preferred references should be government agencies and be a current customer within the past three(3)years. Please verify accuracy of contact information. Referenc Company Name City of Rialto Contact Name and Title Mr. Perry Brents,Director of Community Services Company Address 214 N. Palm Avenue,Rialto, CA 92376 Contact Telephone Number (909) 820-8035 Contact Email pbrents@rialtoca.gov Description of Comparative Services and Frisbie Park Expansion,including Dog Park Project Cost(please be specific) $15,800,000 overall/$650,000 for Dog Park Reference 2 Company Name City of Rancho Mirage Contact Name and Title Mr.Jesse Eckenroth,Public Works Director Company Address 69-825 Highway 111,Rancho Mirage, CA 92270 Contact Telephone Number (760) 770-3224 Contact Email jessee@RanchoMirageCA.gov Description of Comparative Services and Rancho Mirage Dog Park' Project Cost(please be specific) $1,700,000 for new Dog Park within new park site 2017 CPRS Award of Excellence in Park Planning Winner- Specialty Class 1 Aft PROPOSAL FOR DOG PARK CONSULTING SERVICES(RFP#19/20-019): CITY OF RANCHO CUCAMONGA 38 , , NOVEMBER 21,2019 Page 1 3 City of Rancho Cucamonga Request for Proposal("RFP")#19/20-019 for Dog Park Consulting Design Services Company Name City of Pomona Contact Name and Title Mr. Matt Pilarz,Acting City Engineer Company Address 505 Garey Avenue,Pomona, CA 91766 Contact Telephone Number (909) 620-3652 Contact Email Matt_Pilarz@ci.pomona.ca.us Description of Comparative Services and Phillips Paw Park Project Cost(please be specific) $385,000 for Dog Park in existing park site e erence 4 Company Name Jurupa Community Services District (JCSD Parks) Contact Name and Title Mr. Rafael Gonzalez,Park and Recreation Manager Company Address 13820 Schleisman Road,Eastvale, CA 92880 Contact Telephone Number (909) 727-3524 Contact Email rpgonzalez@jcsd.us Description of Comparative Services and ADA Transition Plan for Parks System (2019) Project Cost(please be specific) Including analysis of multiple dog parks designed by our firm at the following locations: • Harada Heritage Park ($450,000 for Dog Park/$15,000,000 for overall park) • American Heroes Park ($500,000 for Dog Park/$9,500,000 for overall park) • Dairyland Park ($650,000 for Dog Park/ $6,250,00 for overall park) Aft PROPOSAL FOR DOG PARK CONSULTING SERVICES(RFP#19/20-019): CITY OF RANCHO CUCAMONGA 39 fit, NOVEMBER 21,2019 Page 1 4 77t •L M J 1 IL know - z� REQUIRED EXHIBITS PROPOSAL FOR DOG PARK CONSULTING SERVICES(RFP#19/20-019): r CITY OF RANCHO CUCAMONGA 30 NOVEMBER 21,2019 Page 1 5 City of Rancho Cucamonga Request for Proposal("RFP")#19/20-019 for Dog Park Consulting Design Services "EXHIBIT A"CITY OF RANCHO CUCAMONGA CONFLICT OF INTEREST/NON-DISCLOSURE STATEMENT It is the policy of the City of Rancho Cucamonga to prevent personal or organizational conflict of interest, or the appearance of such conflict of interest, in the award and administration of City Contracts, including, but not limited to Contracts for Professional Services Agreements ("PSA") with potential Consultants. I do not have specific knowledge of confidential information regarding RFP responses received in response to the Request for Proposal ("RFP")#19/20-019 for Dog Park Consulting Design Services. 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. Scott Rice (Print Name) Prospective Consultant (Relationship to the City) Prime Consultant (Relationship to the Consultants) (Signature) Novem r 21, 2019 (Date) Must be included in final RFP submittal. PROPOSAL FOR DOG PARK CONSULTING SERVICES(RFP#19/20-019): CITY OF RANCHO CUCAMONGA __ 31 NOVEMBER 21,2019 ' Page 1 6 City of Rancho Cucamonga Request for Proposal("RFP")#19/20-019 for Dog Park Consulting Design Services "EXHIBIT B" PROFESSIONAL SERVICES AGREEMENT EXCEPTIONS SUMMARY Mark the appropriate choice, below: N 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. G)W- Signature Scott Rice Printed Name Vice President Title November 21,2019 Date Must be included in final RFP submittal. PROPOSAL FOR DOG PARK CONSULTING SERVICES(RFP#19/20-019): CITY OF RANCHO CUCAMONGA __ 32 NOVEMBER 21,2019 ' Page 1 7 City of Rancho Cucamonga Request for Proposal("RFP")#19/20-019 for Dog Park Consulting Design Services "EXHIBIT C"ACKNOWLEDGMENT OF INSURANCE REQUIREMENTS AND CERTIFICATION OF ABILITY TO PROVIDE AND MAINTAIN COVERAGES SPECIFIED I, Scott Rice the Vice President (President, Secretary, Manager, Owner or Representative) of Community Works Design Group , 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") #19/20-018 for Request for Proposal ("RFP") #19/20-019 for Dog Park Consulting Design Services 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 Scott Rice Printed Name Vice President Title November 21, 2019 Date Must be included in final RFP submittal. PROPOSAL FOR DOG PARK CONSULTING SERVICES(RFP#19/20-019): CITY OF RANCHO CUCAMONGA __ 33 {;'?;:„�;;., NOVEMBER 21,2019 ' Page 1 8 City of Rancho Cucamonga Request for Proposal("RFP")#19/20-019 for Dog Park Consulting Design Services "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. 001 -Posted 11/12/19 Signature Scott Rice Printed Name Vice President Title November 21,2019 Date Must be included in final RFP submittal. PROPOSAL FOR DOG PARK CONSULTING SERVICES(RFP#19/20-019): CITY OF RANCHO CUCAMONGA __ 34 NOVEMBER 21,2019 ' �, Page 1 9 City of Rancho Cucamonga Request for Proposal("RFP")#19/20-019 for Dog Park Consulting Design Services "EXHIBIT E" DEBARMENT and SUSPENSION CERTIFICATION FORM I certify that neither Community Works Design Group (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. Signatur Scott Rice Printed Name Vice President Title November 21,2019 Date Must be included in final RFP submittal. PROPOSAL FOR DOG PARK CONSULTING SERVICES(RFP#19/20-019): CITY OF RANCHO CUCAMONGA fk 35 NOVEMBER 21,2019 Page 1 City of Rancho Cucamonga Request for Proposal("RFP")#19/20-019 for Dog Park Consulting Design Services "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 of Rancho Cucamonga is not an agent, partner or representative of these agencies and is not obligated or liable for any action of debts that may arise out of such independently negotiated piggy-back procurement. Each public agency shall accept sole responsibility of its own order placement and payments of the Consultants. Successful Consultants will extend prices as proposed herein to other governmental agencies, please specify. YES X NO Must be included in final RFP submittal. PROPOSAL FOR DOG PARK CONSULTING SERVICES(RFP#19/20-019): CITY OF RANCHO CUCAMONGA __ 36 NOVEMBER 21,2019 ' Page 1 1 City of Rancho Cucamonga Request for Proposal("RFP")#19/20-019 for Dog Park Consulting Design Services "EXHIBIT G"SIGNATURE OF AUTHORITY The undersigned firm declares that he has carefully examined the specifications and read the above terms and conditions, and hereby proposes and agrees, if this RFP response is accepted, to furnish all material in accordance with the specifications and instructions, in the time and manner therein prescribed for the unit cost amounts set forth in the following RFP response. THE 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: Community Works Design Group,LLC (Street,Su.#city,State,zip) 4649 Brockton Avenue Riverside, CA 92506 Telephone#: (951) 369-0700 Fax#: (951) 369-4039 E-mail address: Web Address: scott@cwdg.fun www cwdg.fun Authorized Representative:(print) Title: Scott Rice Vice President Signature: Date: A� I November 21,2019 Must be included in final RFP submittal. ZPROPOSAL FOR DOG PARK CONSULTING SERVICES(RFP#19/20-019): CITY OF RANCHO CUCAMONGA 37 NOVEMBER 21,2019 ' Page 1 2 City of Rancho Cucamonga Request for Proposal("RFP")#19/20-019 for Dog Park Consulting Design Services "EXHIBIT H"REFERENCES WORKSHEET The following References Worksheet must be complete,please do not mark"See Attached". Provide a minimum of four (4) clients that are similar in size to the City of Rancho Cucamonga that your company has conducted comparable or like services. Preferred references should be government agencies and be a current customer within the past three(3)years. Please verify accuracy of contact information. Referenc Company Name City of Rialto Contact Name and Title Mr. Perry Brents,Director of Community Services Company Address 214 N. Palm Avenue,Rialto, CA 92376 Contact Telephone Number (909) 820-8035 Contact Email pbrents@rialtoca.gov Description of Comparative Services and Frisbie Park Expansion,including Dog Park Project Cost(please be specific) $15,800,000 overall/$650,000 for Dog Park Reference 2 Company Name City of Rancho Mirage Contact Name and Title Mr.Jesse Eckenroth,Public Works Director Company Address 69-825 Highway 111,Rancho Mirage, CA 92270 Contact Telephone Number (760) 770-3224 Contact Email jessee@RanchoMirageCA.gov Description of Comparative Services and Rancho Mirage Dog Park' Project Cost(please be specific) $1,700,000 for new Dog Park within new park site 2017 CPRS Award of Excellence in Park Planning Winner- Specialty Class 1 Aft PROPOSAL FOR DOG PARK CONSULTING SERVICES(RFP#19/20-019): CITY OF RANCHO CUCAMONGA 38 , , NOVEMBER 21,2019 Page 1 3 City of Rancho Cucamonga Request for Proposal("RFP")#19/20-019 for Dog Park Consulting Design Services Company Name City of Pomona Contact Name and Title Mr. Matt Pilarz,Acting City Engineer Company Address 505 Garey Avenue,Pomona, CA 91766 Contact Telephone Number (909) 620-3652 Contact Email Matt_Pilarz@ci.pomona.ca.us Description of Comparative Services and Phillips Paw Park Project Cost(please be specific) $385,000 for Dog Park in existing park site e erence 4 Company Name Jurupa Community Services District (JCSD Parks) Contact Name and Title Mr. Rafael Gonzalez,Park and Recreation Manager Company Address 13820 Schleisman Road,Eastvale, CA 92880 Contact Telephone Number (909) 727-3524 Contact Email rpgonzalez@jcsd.us Description of Comparative Services and ADA Transition Plan for Parks System (2019) Project Cost(please be specific) Including analysis of multiple dog parks designed by our firm at the following locations: • Harada Heritage Park ($450,000 for Dog Park/$15,000,000 for overall park) • American Heroes Park ($500,000 for Dog Park/$9,500,000 for overall park) • Dairyland Park ($650,000 for Dog Park/ $6,250,00 for overall park) Aft PROPOSAL FOR DOG PARK CONSULTING SERVICES(RFP#19/20-019): CITY OF RANCHO CUCAMONGA 39 Imo,, NOVEMBER 21,2019 W Page 1 4 EXHIBIT B SCHEDULE OF PERFORMANCE Not Applicable PSA with professional liability insurance(Design) Page 16 Last Revised:01/1112018 Page 115 0(is. 0. k- CITY OF RANCHO CUCAMONGA DATE: March 18, 2020 TO: Mayor and Members of the City Council FROM: John R. Gillison, City Manager INITIATED BY: Anne McIntosh, AICP, Planning Director David F. Eoff IV, Senior Planner Ruth Cain, CPPB, Procurement Manager SUBJECT: CONSIDERATION TO APPROVE A CONTRACT WITH COMMUNITY WORKS DESIGN GROUP FOR A TOTAL AMOUNT NOT TO EXCEED $223,235.00 FOR DESIGN SERVICES FOR THE CENTRAL PARK DOG PARK TO BE INITIALLY FUNDED FROM COMMUNITY SERVICES CAPITAL PROJECTS (1274401-565012022274-0) AND REIMBURSED THROUGH A GRANT FROM THE STATE OF CALIFORNIA, ADMINISTERED BY OFFICE OF GRANTS AND LOCAL SERVICES (OGALS) RECOMMENDATION: Staff recommends that City Council approve and execute a contract with Community Works Design Group for contract design services for the Central Park Dog Park. BACKGROUND: In 2017 the Rancho Cucamonga City Council approved efforts for a Central Park Master Plan Update. The update was designed to create a vision for the remaining park space and identify smaller, buildable sections comprised of financially responsible amenities. These smaller sections, roughly 3 to 10 acres in size, would establish a framework for a comprehensive community-inspired vision that could be implemented when funding becomes available. One of the notable changes that occurred with the master plan update was the inclusion of a new dog park. During the community outreach and public input process, the dog park was identified as a high priority by the residents and emerged as one of the top "passive facilities" for Central Park. The result was a 4.4-acre site on the Central Park phasing plan designated for a new dog park facility. In 2019, the City was awarded a grant in the amount of $3 million dollars from the State of California as part of the 2019-2020 State budget. The funding was specifically requested for the dog park because it is one of the smaller segments of the overall master plan, and many of the dog park components will be useful for future improvements to Central Park. The dog park also gained high interest from the community, which expressed a desire for a centrally located dog park that could effectively serve more residents. The State Department of Parks and Recreation and the Office of Grants and Local Services (OGALS) is responsible overseeing the grant administration. On October 2, 2019, the City Council adopted Resolution No. 19-086, approving the filing of all project applications associated with the specified grant funds and entering into a contract with the State Department of Parks and Recreation. A copy of the Resolution has been provided to OGALS for their records. Attachment 2 Page 116 ANALYSIS: A detailed scope of services was provided to the Procurement Division for the purposes of selecting a consulting firm to work alongside City staff to provide design and construction document services for the dog park project. A formal Request for Proposals ("RFP") #19/20-024 for Dog Park Consulting Design Services was posted and advertised in Planet Bids. There were one thousand and forty-five (1045) notified vendors, forty (40) prospective vendors downloaded or reviewed the proposal documentation and five (5) responses were received with one (1) response being considered as non-responsive for an incomplete submittal. An evaluation panel was formed, and the proposal responses were evaluated and rated in accordance with the criteria identified in the RFP. All four (4) vendors were invited in to interview with the evaluation panel. After review of the rating results from the interview process, staff found that the best team to complete this effort was Community Works Design Group of Riverside, CA. Community Works Design Group will be responsible for preparing full design drawings for the dog park and full construction drawings that will be used for an ensuing RFP for construction services. The grant performance period is from July 1, 2019 through June 30, 2022. The dog park project has a set completion date to be operational by no later than December of 2021. The design and construction plans are anticipated to be complete by August/September of this year, with construction beginning thereafter around December 2020/January 2021. FISCAL IMPACT: The total up-front cost of the City for this contract with Community Works Design Group is in an amount not to exceed $223,235.00. Staff requests an appropriation of$223,235.00 from the Community Services Department Capital Project fund (1274401-5650)to fund the contract for Community Works Design Group. Once the project is complete (fully constructed) and accepted by OGALS, the City will request reimbursement for the overall cost of the dog park from the State through the specified grant funds. The reimbursement will offset the cost associated with consultant design services, construction and construction management services, among others, minimizing the fiscal impact to primarily staff time for project management and processing, and future maintenance for the dog park. COUNCIL GOAL(S) ADDRESSED: The execution of this contract supports the Council's goal of contributing to active and healthy lifestyles and providing attractive community service facilities that adequately meet the community's needs. ATTACHMENTS: Community Works Design Group Scope of Work Page 117 CITY OF RANCHO CUCAMONGA $l DATE: March 3, 2021 TO: Mayor and Members of the City Council FROM: John R. Gillison, City Manager INITIATED BY: Lori Sassoon, Deputy City Manager, Administrative Services Robert Neiuber, Human Resources Director Lucy Alvarez-Nunez, Management Analyst SUBJECT: Consideration to Adopt a Resolution Approving a Side Letter Agreement Between the City of Rancho Cucamonga and Teamsters Local 1932. (RESOLUTION NO. 2021-011) (CITY) RECOMMENDATION: Staff recommends that the City Council adopt the attached resolution approving a side letter agreement between the City of Rancho Cucamonga and Teamsters Local 1932. BACKGROUND: The City Council previously approved a two-year Memorandum of Understanding (MOU) between the City of Rancho Cucamonga and Teamsters Local 1932 (Teamsters), effective July 1, 2019 to June 30, 2021. In consideration of the current economic uncertainty caused by COVID-19, the Teamsters Local 1932 requested a one-year extension to the existing MOU. In February 2021, the City and Teamsters met and conferred in good faith. The parties negotiated a side letter agreement for a one-year extension to the current MOU. The parties also agreed to a healthcare reopener, if the Teamsters can present a healthcare cost savings plan to both the City and its employees. After meeting and conferring in good faith, the Teamsters voted to approve the negotiated terms. ANALYSIS: Staff recommends the City Council adopt the attached resolution approving the side letter agreement between the City and Teamsters. Upon approval of this side letter agreement by the City Council, the MOU effective date would be July 1, 2019 to June 30, 2022. In addition, if the Teamsters can present a healthcare cost savings plan to both the City and its employees, the City will meet with the Teamsters and its Medical Trust Representative to discuss possible implementation of the Union Health Plan. FISCAL IMPACT: The negotiated one-year extension to the current MOU will not result in any fiscal impact. Page 118 COUNCIL MISSION /VISION / GOAL(S) ADDRESSED: Working together cooperatively and respectfully with each other, staff, and all stakeholders. The City is responsible for ensuring cooperative and respectful work relations with its employee groups to preserve and nurture a sound and inclusive atmosphere for all stakeholders and to further attract and retain an exceptional workforce. ATTACHMENTS: Attachment 1 — Resolution No. 2021-011 Attachment 2 - Side Letter Agreement Page 2 Page 119 RESOLUTION NO. 2021-011 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING A SIDE LETTER AGREEMENT BETWEEN THE CITY OF RANCHO CUCAMONGA AND TEAMSTERS LOCAL 1932 WHEREAS, representatives of the City of Rancho Cucamonga (City) and Teamsters Local 1932 have met and conferred pursuant to the provisions of the Meyers-Milias-Brown Act (California Government Code §3500, et seq.)with regard to terms and conditions of employment; and WHEREAS, representatives of the City and Teamsters Local 1932 have agreed upon and presented to this City Council a Side Letter Agreement (see attached Side Letter Agreement)that Amends the Current Memorandum of Understanding effective July 1, 2019, to June 30, 2022, related to adding an additional year to the MOU. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA HEREBY RESOLVES that said Side Letter Agreement with the Executive Management Group is hereby approved and the City Manager is hereby authorized to sign said Side Letter Agreement on behalf of the City of Rancho Cucamonga, and the City Clerk to attest thereto. PASSED, APPROVED, AND ADOPTED this day of 2021. Attachment 1 Page 120 SIDE LETTER OF AGREEMENT BETWEEN THE CITY OF RANCHO CUCAMONGA AND TEAMSTERS LOCAL 1932 The City of Rancho Cucamonga ("City") and Teamsters Local 1932 (Union) (collectively, the "Parties") entered into a Memorandum of Understanding ("MOU") that commenced on July 1, 2019, and expires on June 30, 2021. The Parties met and conferred in good faith in February of 2021. The Parties agreed to extend the term of the current MOU for one year. The MOU will now expire on June 30, 2022. In addition, the Parties have agreed that if the Union can present a cost savings plan to both the City and its employees, then the City shall meet with the Union and its Medical Trust Representative to discuss possible implementation of the Union health plan. This Side Letter of Agreement shall be incorporated into the MOU. The MOU shall remain in full force and effect except to the extent modified by this Side Letter of Agreement. This Side Letter of Agreement shall not be effective until ratified by the City Council and the membership of the Union. For the City of Rancho Cucamonga: For the Teamsters Local 1932: John Gillison Steve Cadena City Manager Business Representative Page 121 NONgq I � DATE: March 3, 2021 TO: President and Members of the Board of Directors FROM: John R. Gillison, City Manager INITIATED BY: Ivan Rojer, Fire Chief Mike McCliman, Deputy Fire Chief Darci Vogel, Business Manager SUBJECT: Consideration of an Increase to Erickson-Hall Construction Contract No. FD 17-005 in the Amount of $118,724, and Approval of Amendment No. 02 for Additional Construction Management Services for the New Public Safety Facility. (FIRE) RECOMMENDATION: Staff recommends that the Fire Board: 1. Approve an increase to Erickson-Hall Constriction Contract No. FD 17-005 in the amount of$118,724 ($107,931 plus a 10% contingency of$10,793); and 2. Approve Amendment No. 02 for an additional two (2) months of construction management services for the new Public Safety Facility, including the relocation of the San Bernardino Road Fire Station (172). BACKGROUND: A long-time Fire Board strategic plan goal has been to replace the original Cucamonga Fire Department Station (172), built in 1954, with a new state-of-the-art station on the west side of the city. Erickson-Hall Construction was awarded the contract for Construction Management Services for the project on June 7, 2017. The original plan was to relocate the San Bernardino Road Station (172), including a small substation for the Rancho Cucamonga Police Department. During initial pre-design meetings with stakeholders from across City departments, it was determined that the original vision for the project had to expand in-order to meet the current and future needs of our Sherriff partners. This expansion provided a fully functioning community- based facility on the west side of the city. Subsequently, Erickson-Hall Construction's contract was amended on December 20, 2017 to include the increased scope of services. Construction of the Public Safety Facility began in September 2019 with an estimated completion date of January 2020. However, as a result of construction delays, including COVID related impacts, the completion date was delayed to February 2021. ANALYSIS: Due to delays in the completion of the Public Safety Facility, construction management services were extended an additional two (2) months to include January and February 2021 in order to close out the project. Erickson-Hall Construction provided a proposal to include the extended Page 122 services. Staff has reviewed the proposal and find it to be in line with the construction cost estimates and scope for the remainder of the project. Although the current contract has a contingency of$130,707,these funds were already exhausted to pay for extended preconstruction services and commissioning services. As a result, the contract must be amended to include additional funding for the additional construction management services. FISCAL IMPACT: The total cost of the amendment to Erickson-Hall Constriction Contract No. FD 17-005 is $118,724 ($107,931 plus a 10% contingency of $10,793). Funds are allocated in the FY 2020- 21 budget in the Fire Protection District Capital Fund under account 3288501-5650/1733288 (Capital Project— Public Safety Facility). COUNCIL MISSION /VISION / GOAL(S) ADDRESSED: The completion of the Public Safety Facility will promote a safe and healthy community for all by enhancing the delivery of vital life safety services and ensuring efficient response times to residents, visitors, and businesses. ATTACHMENTS: Attachment 1 - Amendment 02, Erickson-Hall Construction Page 2 Page 123 AMENDMENT NO. 002 to Professional Services Agreement(CO#FD17-005) between Erickson-Hall Construction(hereinafter "Consultant") and City of Rancho Cucamonga(hereinafter"City") and the Rancho Cucamonga Fire Protection District(hereinafter the "RCFPD") This Amendment No. 002 will serve to amend the Professional Services Agreement (hereinafter "Agreement'), CO# FD 17-005 to incorporate the following: Parties agree to increase CO #FD17-005 in the amount of$118,724 for an additional two (2) months of Construction Management Services for the new Public Safety Facility. All other Terms and Conditions of the original Agreement CO#FD 17-005,will remain in full effect. IN WITNESS WHEREOF, the parties, through their respective authorized representatives, have executed this Amendment by way of signature by both parties and on the date indicated below. Please return two (2) original signed copies to the City and District no later than March 17, 2021. The City and RCFPD will process both copies for signature and provide Consultant with one(1)fully executed copy of the Amendment. Erickson-Hall Construction 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) Last Revised.• 0912812012 Page I of 1 Page 124 Erickson-Hall frmstoictiti;, An Employee Owned Company December 21,2020 Mike McCliman Deputy Fire Chief of Administration and Support RCFPD of Rancho Cucamonga 10500 Civic Center Dr. Rancho Cucamonga,CA.91729 RE: RCFPD Fire Station 172 Replacement Project ASP 04 —Extended Construction Management Services for 2021 Dear Chief McCliman; Schedule extensions have been granted to Robert Clapper Construction Services, Inc. (RCCS), the Bid Package Contractor for the construction of the RCFPD Fire Station No.172(Public Safety Facility)project, which moved the project completion date to January 30f", 2021. Erickson-Hall Construction Co. (EHCC) is requesting that our agreement be extended and has prepared this Additional Services Proposal (ASP 04)for Extended Construction Management(CM)Services. Our initial proposal only included CM Services for a twelve (12) month construction duration, and was extended by four(4) months with the acceptance of our ASP 01 dated 12/5/2017. At this time,we are anticipating one (1) additional month of full time CM services will be required for the successful completion of the project,as the construction efforts by RCCS are scheduled to be complete at the end of January,2021. Below is our fee proposal for each full month of additional Construction Management Services: Fee Increase for Extended Construction Management Services(per month) $60,432.50 Extended Construction Management Services for the Public Safety Facility =$60,432.50 Thank you for your continued interest in Erickson-Hall Construction Co. Sincerely, Brandon Hamlett Project Manager Corporate Headquarters-500 Corporate Drive,Escondido,CA 92029 1(760)796-7700 p 1(760)796-7750 f Los Angeles County/Orange County Office-1403 N.Batavia Street,Suite 204,Orange,CA 92867 1(714)532-1060 p Imperial County Office-216 E.3rd Street,Imperial,CA 922511(760)355-1564 p www.e ri ckso n h a l 1.com &nbsp; &nbsp; Page 125 F-== Erickson-Hall An Employee Owned Company February 24, 2021 Mike McCliman Deputy Fire Chief of Administration and Support RCFPD of Rancho Cucamonga 10500 Civic Center Dr. Rancho Cucamonga, CA. 91729 RE: RCFPD Fire Station 172 Replacement Project ASP 05- Extended CM Services for February, 2021 at Hourly Rates for Additional Work Dear Chief McCliman; Schedule extensions have been granted to Robert Clapper Construction Services, Inc. (RCCS), the Bid Package Contractor for the construction of the RCFPD Fire Station No. 172 (Public Safety Facility) project, which moved the project completion date from January 30t", 2021 to February 191h, 2021. Erickson-Hall Construction Co. (EHCC) is requesting that our agreement for Construction Management (CM) Services be extended through February, 2021 and has prepared this Additional Services Proposal (ASP 05) to provide additional work at hourly rates. Our initial proposal for CM Services during construction was for a twelve (12) month project duration, and was extended by four (4) months with the acceptance of our ASP 01 dated, 12/5/2017; an additional one (1) month of CM services was added with ASP 04, dated 12/21/2020. After January, 2021 our CM services were requested to be performed at hourly rates for the duration of the project. Please see attached Hourly Rates for Additional Work table, which was included with our agreement and used for the preparation of this additional service proposal. Below is our fee proposal for the additional Construction Management Services performed on T&M for the month of February, 2021: Fee Increase for Extended Construction Management Services(T&M for February,2021) $47,498.00 Extended Construction Management Services for the Public Safety Facility =$47,498.00 Thank you for your continued interest in Erickson-Hall Construction Co. Sincerely, Brandon Hamlett Project Manager Corporate Headquarters -500 Corporate Drive, Escondido, CA 92029 1 (760)796-7700 p 1 (760)796-7750 f Los Angeles County/Orange County Office-1403 N.Batavia Street,Suite 204,Orange,CA 92867 1(714)532-1060 p Imperial County Office-216 E.3rd Street, Imperial,CA 92251 1(760)355-1564 p 12 e g www.ericksonhall.com Page §a e 1 of 2 F= Erickson-Hall Construction An Employee Owned Company San Bernardino Road Fire Station 172 BEST&FINAL Rancho Cucamonga Construction Management Services RFP#16/17-007 RANCHO CUCAMONGA HOURLY RATES FOR ADDITIONAL WORK Project Executive/Director $155 Project Manager $147 Preconstruction Manager $137 Assistant Project Manager/Project Engineer $117 Superintendent $137 Assistant Superintendent $117 Constructability Reviewer $127 Sr.Estimator $137 Estimator $127 BIM Manager $137 Scheduler $127 Administration $ 72 build on our reputation Erickson-Hall Corporate Headquarters -500 Corporate Drive, Escondido, CA 92029 1 (760)796-7700 p 1 (760)796-7750 f Los Angeles County/Orange County Office-1403 N.Batavia Street,Suite 204,Orange,CA 92867 1(714)532-1060 p Imperial County Office-216 E.3rd Street, Imperial,CA 92251 1(760)355-1564 p Page @ 12 g www.ericksonhall.com �a e 2 Of 2 CITY OF RANCHO CUCAMONGA $l DATE: March 3, 2021 TO: Mayor and Members of the City Council FROM: John R. Gillison, City Manager INITIATED BY: Jennifer Nakamura, Mangement Analyst II SUBJECT: Consideration of Second Reading and Adoption of Ordinance Nos. 978 and 979, to be Read by Title Only and Waive Further Reading, Amending the Municipal Code to Allow for the Deferral of Payment of Development Impact Fees and the Public Art In-Lieu Fee. (ORDINANCE NO. 978 AND ORDINANCE NO. 979) (CITY) RECOMMENDATION: Staff recommends that the City Council conduct second reading and adopt, by title only of Ordinance Nos. 978 and 979, amending the Municipal Code to allow for the deferral of payment of Development Impact Fees and the Public Art In-Lieu Fee. BACKGROUND: The introduction and first reading of the above-entitled Ordinances was conducted at the Regular City Council Meeting of February 17, 2021. Vote at first reading: AYES: Kennedy, Hutchison, Scott, Spagnolo, Michael. ANALYSIS: Please refer to the February 17, 2021 City Council Staff Report. FISCAL IMPACT: Please refer to the February 17, 2021 City Council Staff Report. COUNCIL MISSION /VISION / GOAL(S) ADDRESSED: Please refer to the February 17, 2021 City Council Staff Report. ATTACHMENTS: Attachment 1 — Ordinance No. 978 Attachment 2 — Ordinance No. 979 Page 128 ORDINANCE NO. 978 AN ORDINANCE OF THE CITY OF RANCHO CUCAMONGA, AMENDING CHAPTERS 3.52, 3.56, 3.60, 3.64,AND 3.68 OF THE RANCHO CUCAMONGA MUNICIPAL CODE REGARDING PAYMENT REQUIREMENTS FOR DEVELOPMENT IMPACT FEES, AND MAKING FINDINGS IN SUPPORT THEREOF The City Council of the City of Rancho Cucamonga does ordain as follows: SECTION 1. The City of Rancho Cucamonga, has prepared a Municipal Code Amendment, as described in the title of this Ordinance. Hereinafter in this Ordinance, the subject Municipal Code Amendment is referred to as "the amendment". A. The City of Rancho Cucamonga, California (the "City") is a municipal corporation, duly organized under the constitution and laws of the State of California. B. On the 17th day of February 2021, the City Council of the City of Rancho Cucamonga conducted a noticed public hearing on the amendment and concluded said hearing on that date. C. All legal prerequisites to the adoption of this Ordinance have occurred. SECTION 2. Chapter 3.52 of the Municipal Code is hereby amended to read as follows: Chapter 3.52 COMMUNITY AND RECREATION CENTER IMPACT FEE 3.52.010 Purpose. The city council finds that the purpose of the Community and Recreation Center Impact Fee hereby enacted is to prevent new residential development from reducing the quality and availability of public services provided to residents of the city by requiring new residential development to contribute to the cost of expanding the availability of community and recreation center assets in the city. The city finds: A. There are a number of existing community and recreation centers within the city, as well as the Victoria Gardens Cultural Center. B. Fees apply only to residential development. C. There is a need for fees to serve future development in the city without placing a burden on existing resources. D. Community and recreation centers serve the entire population. E. Revenue from the impact fees will be used to expand the availability of community and recreation center assets in the city; through the acquisition or improvement of real property; or the acquisition, construction, or expansion of buildings, furnishings, equipment, or any of these. Attachment 1 Ordinance 978 — Page 1 of 14 Page 129 F. New residential development and the expansion of existing development within the city impose a burden on the existing community and recreation facilities by adding additional population. G. The fees are based on the relationship between the city's existing population and the replacement cost of the existing community center, recreation center, and cultural center facilities. H. Population is used as the demand variable when calculating these fees because the need for community and recreation centers is normally defined in terms of population per unit for that type. I. The level of service standard used to calculate impact fees is the existing ratio of facility replacement cost to population. J. The cost per capita will be applied to future population to compute impact fees per unit. K. Since assisted living facilities are allowed in some residential zoning districts with a conditional use permit; and residents of those facilities do make use of the community and recreation center facilities, impact fees will apply to new development of these types of facilities. L. Impact fees for other specialized development types should be calculated in the same way if the need arises. M. The fee established by this chapter is in addition to any other fees or charges or taxes that are required by law as a condition of development. N. The period of greater than ten days prior to adoption of this chapter, data has been available to the public, and to developers and their representative, indicating the cost or estimated cost of the infrastructure to be funded, the revenue sources anticipated and means of spending these costs. 3.52.020 Definitions. For the purposes of this chapter, the following words shall have the meanings set forth below: City/service area shall mean the entire city. Dwelling unit shall include each single-family dwelling, each unit of an apartment, duplex dwelling group or multiple dwelling structure or condominium or planned residential development as a separate habitat for one or more persons or each mobilehome space designed to contain a mobilehome trailer on a semi-permanent or permanent basis. Facilities mean those park and recreation facilities, land, improvements, or infrastructure located in the city. Person includes every person, firm or corporation constructing a dwelling unit directly or through the services of any employee, agent or independent contractor. Residential development means all dwelling units constructed for the first time on open land or when existing structures are remodeled, and added to or otherwise altered to increase the number of dwelling units. Ordinance 978— Page 2 of 14 Page 130 Study means the current development impact fee study on file in the City's Engineering Services Department that supports the fee resolution adopted pursuant to section 3.52.050. 3.52.030 Establishment and administration of Community and Recreation Center Impact Fees. The city council finds that there is a reasonable relationship between the use of the fees and the need for facilities of development projects on which they are imposed. A. The finance director shall establish a special interest-bearing fund titled "Community and Recreation Center Impact Fees." All fees collected pursuant to this chapter shall be deposited in this fund and shall be expended on the availability of community and recreation center assets in the city. B. A fee is imposed in the amounts set forth in this chapter and shall be applicable to every dwelling unit as defined in section 3.52.020 constructed in the city after the effective date of the ordinance codified in this chapter and shall be known as the "Community and Recreation Center Impact Fee." 3.52.040 Payment. The fee imposed by this chapter shall be due and payable no sooner than issuance of building permits and no later than issuance of a certificate of occupancy for the dwelling unit(s)subject to the fee. No certificate of occupancy or temporary certificate of occupancy may be issued until the fee has been paid in full. The amount of the fee shall be calculated at the time the fee is paid, based upon the rate then in effect. 3.52.050 Fees. The fees imposed by this chapter shall be set by resolution of the city council. 3.52.060 Fee exemptions. In the event that a development project is found to have no impact on facilities for which impact fees are charged, such project must be exempted from the fees. 3.52.070 Use of fees. The city council finds that there is established a community and recreation center fund where all sums collected pursuant to this chapter shall be deposited and shall be used to expand on the availability of community and recreation center assets in the city to serve new development. Those public facilities and other assets are identified in the study. 3.52.080 Severability. If any provision of this chapter or the application thereof to any person or circumstances is held invalid, such invalidity shall affect the other provisions of this chapter which can be given effect without the invalid provisions or its application, and to this end, the provisions of this chapter are severable. Ordinance 978— Page 3 of 14 Page 131 SECTION 3. Chapter 3.56 of the Municipal Code is hereby amended to read as follows: Chapter 3.56 LIBRARY IMPACT FEE 3.56.010 Purpose. The city council finds that the purpose of the Library Impact Fee hereby enacted is to prevent new residential development from reducing the quality and availability of public services provided to residents of the city by requiring new residential development to contribute to the cost of expanding the availability of library and cultural center assets in the city. The city finds: A. There are two libraries currently in the city: Archibald and Paul A. Biane Library. B. Paul A. Biane Library is part of the Victoria Gardens Cultural Center. C. Paul A. Biane Library includes space for future expansion. D. The city will assess the need for any future development of a new library. E. Fees apply only to residential development. F. The need for fees to serve future development in the city without placing a burden on existing resources. G. The libraries serve the entire population. H. Revenue from the impact fees will be used to expand the availability of library and cultural center assets in the city through the acquisition or improvement of real property; or the acquisition, construction, or expansion of buildings, furnishings, equipment, or any of these. I. New residential development and the expansion of existing development within the city impose a burden on the existing libraries by adding additional population. J. The fees are based on the relationship between the city's existing population and the replacement cost of existing libraries, cultural center facilities, and material. K. Population is used as the demand variable when calculating these fees because the need for libraries is normally defined in the terms of population per unit for that type. L. The level of service standard used to calculate impact fees is the existing ratio of facility and material replacement cost to population. M. The cost per capita will be applied to future population to compute impact fees per unit. N. Since assisted living facilities are allowed in some residential zoning districts with a conditional use permit; and residents of those facilities do make use of the library facilities, impact fees will apply to new development of these types of facilities. O. Impact fees for other specialized development types should be calculated in the same way if the need arises. P. The fee established by this chapter is in addition to any other fees or charges or taxes that are required by law as a condition of development. Ordinance 978— Page 4 of 14 Page132 Q. The period of greater than ten days prior to adoption of this chapter, data has been available to the public, and to developers and their representative, indicating the cost or estimated cost of the infrastructure to be funded, the revenue sources anticipated and means of spending these costs. 3.56.020 Definitions. For the purposes of this chapter, the following words shall have the meanings set forth below: City/service area shall mean the entire city. Dwelling unit shall include each single-family dwelling, each unit of an apartment, duplex dwelling group or multiple dwelling structure or condominium or planned residential development as a separate habitat for one or more persons or each mobilehome space designed to contain a mobilehome trailer on a semi-permanent or permanent basis. Facilities mean those libraries or cultural center facilities, land, improvements, or infrastructure located in the city. Person includes every person, firm or corporation constructing a dwelling unit directly or through the services of any employee, agent or independent contractor. Residential development shall include all dwelling units constructed for the first time on open land or when existing structures are remodeled, and added to or otherwise altered to increase the number of dwelling units. Study means the current development impact fee study on file in the City's Engineering Services Department that supports the fee resolution adopted pursuant to section 3.56.050. 3.56.030 Establishment and administration of Library Impact Fees. The city council finds that there is a reasonable relationship between the use of the fees and the need for facilities of development projects on which they are imposed. A. The finance director shall establish a special interest-bearing fund titled "Library Impact Fees." All fees collected pursuant to this chapter shall be deposited in this fund and shall be expended on the availability of library facilities and material assets in the city. B. A fee is imposed in the amounts set forth in this chapter and shall be applicable to every dwelling unit as defined in section 3.56.020 constructed in the city after the effective date of the ordinance codified in this chapter and shall be known as the "Library Impact Fee." 3.56.040 Payment. The fee imposed by this chapter shall be due and payable no sooner than issuance of building permits and no later than issuance of a certificate of occupancy for the dwelling unit(s)subject to the fee. No certificate of occupancy or temporary certificate of occupancy may be issued until the development fee has been paid in full. The amount of the fee shall be calculated at the time the fee is paid, based upon the rate then in effect. Ordinance 978— Page 5 of 14 Page 133 3.56.050 Fees. The fees to be paid by this chapter shall be set by resolution of the city council. 3.56.060 Fee exemptions. In the event that a development project is found to have no impact on facilities for which impact fees are charged, such project must be exempted from the fees. 3.56.070 Use of fees. The city council finds that there is established a library fund where all sums collected pursuant to this chapter shall be deposited and shall be used to expand on the availability of library and cultural center assets in the city to serve new development. Those public facilities and other assets are identified in the study. 3.56.080 Severability. If any provision of this chapter or the application thereof to any person or circumstances is held invalid, such invalidity shall affect the other provisions of this chapter which can be given effect without the invalid provisions or its application, and to this end, the provisions of this chapter are severable. SECTION 4. Chapter 3.60 of the Municipal Code is hereby amended to read as follows: Chapter 3.60 ANIMAL CENTER IMPACT FEE 3.60.010 Purpose. The city council finds that the purpose of the Animal Center Impact Fee hereby enacted is to prevent new residential development from reducing the quality and availability of public services provided to residents of the city by requiring new residential development to contribute to the cost of expanding the availability of animal center assets in the city. The city finds: A. There is only one animal center that serves the entire population. B. The current animal center is at maximum capacity, and that there will be need for expansion or construction of a new animal center as the population continues to grow. C. These fees apply only to residential development. D. The need for fees is to serve future development in the city without placing a burden on existing resources. E. Revenue from the impact fees may be used to expand the availability of animal center assets in the city through the acquisition or improvement of real property; or the acquisition, construction, or expansion of buildings, furnishings, equipment, or any of these. Ordinance 978— Page 6 of 14 Page134 F. New residential development and the expansion of existing development, within the city impose a burden on the existing animal center by adding additional population. G. Population is used as the demand variable when calculating these fees because the need for animal center services is normally defined in the terms of population per unit for that type. H. The level of service standard used to calculate impact fees is the existing ratio of facility and material replacement cost to population. I. The cost per capita will be applied to future population to compute impact fees per unit. J. Impact fees for other specialized development types should be calculated in the same way if the need arises. K. The fee established by this chapter is in addition to any other fees or charges or taxes that are required by law as a condition of development. L. The period of greater than ten days prior to adoption of this chapter, data has been available to the public, and to developers and their representative, indicating the cost or estimated cost of the infrastructure to be funded, the revenue sources anticipated and means of spending these costs. 3.60.020 Definitions. For the purposes of this chapter, the following words shall have the meanings set forth below: City/service area shall mean the entire city. Dwelling unit shall include each single-family dwelling, each unit of an apartment, duplex dwelling group or multiple dwelling structure or condominium or planned residential development as a separate habitat for one or more persons or each mobilehome space designed to contain a mobilehome trailer on a semi-permanent or permanent basis. Equipment/material shall include all necessary materials that are required for the proper operation of the facility for which this fee is imposed. Facilities mean those animal center facilities, land, improvements, or infrastructure located in the city. Person includes every person, firm or corporation constructing a dwelling unit directly or through the services of any employee, agent or independent contractor. Residential development shall include all dwelling units constructed for the first time on open land or when existing structures are remodeled, and added to or otherwise altered to increase the number of dwelling units. Study means the current development impact fee study on file in the City's Engineering Services Department that supports the fee resolution adopted pursuant to section 3.60.050. Ordinance 978— Page 7 of 14 Page 135 3.60.030 Establishment and administration of Animal Center Impact Fees. The city council finds that there is a reasonable relationship between the use of the fees and the need for facilities of development projects on which they are imposed. A. The finance director shall establish a special interest-bearing fund titled "Animal Center Impact Fees."All fees collected pursuant to this chapter shall be deposited in this fund and shall be expended on the availability of animal center facilities and material assets in the city. B. A fee is imposed in the amounts set forth in this chapter and shall be applicable to every dwelling unit as defined in section 3.60.020 constructed in the city after the effective date of the ordinance codified in this chapter and shall be known as the "Animal Center Impact Fee." 3.60.040 Payment. The fee imposed by this chapter shall be due and payable no sooner than issuance of building permits and no later than issuance of a certificate of occupancy for the dwelling unit(s)subject to the fee. No certificate of occupancy or temporary certificate of occupancy may be issued until the development fee has been paid in full. The amount of the fee shall be calculated at the time the fee is paid, based upon the rate then in effect. 3.60.050 Fees. The fees to be paid by this chapter shall be set by resolution of the city council. 3.60.060 Fee exemptions. In the event that a development project is found to have no impact on facilities for which impact fees are charged, such project must be exempted from the fees. 3.60.070 Use of fees. The city council finds that there is established an animal center fund where all sums collected pursuant to this chapter shall be deposited and shall be used to expand on the availability of the animal center assets in the city to serve new development. Those public facilities and other assets are identified in the study. 3.60.080 Severability. If any provision of this chapter or the application thereof to any person or circumstances is held invalid, such invalidity shall affect the other provisions of this chapter which can be given effect without the invalid provisions or its application, and to this end, the provisions of this chapter are severable. SECTION 5. Chapter 3.64 of the Municipal Code is hereby amended to read as follows: Chapter 3.64 POLICE IMPACT FEE Ordinance 978— Page 8 of 14 Page 136 3.64.010 Purpose. The city council finds that the purpose of the Police Impact Fee hereby enacted is to prevent new residential and commercial/industrial development from reducing the quality and availability of public services provided to residents of the city by requiring new residential and business development to contribute to the cost of expanding the availability of police assets in the city. The city finds: A. Police services, facilities and equipment are needed to serve future development in the city. B. Police services serve the entire residential and business population. C. The need to expand the existing fleet of police vehicles and equipment will be necessary as the population continues to grow. D. The city will assess the need to expand police facilities into the northeastern portion of the city as indicated in the current city general plan. E. These fees apply to all residential and business development. F. Revenue from the impact fees may be used to expand the availability of police assets in the city through the acquisition or improvement of real property; or the acquisition, construction or expansion of buildings, furnishings, equipment or any of these. G. New residential and business development within the city imposes a burden on the existing police facility by adding additional population. H. The demand variable that determine the fees is based on the relationship between the city's existing population and the calls for service and the replacement cost for police facilities and equipment. I. Police impact fees paid by new development are based on the same level of service currently provided to the existing residential and businesses in the city. J. Since assisted living facilities are allowed in some residential zoning districts with a conditional use permit; and residents of those facilities do make use of police services, impact fees will apply to new development of these types of facilities. K. The cost per capita will be applied to future population to compute impact fees per unit. L. Impact fees for other specialized development types should be calculated in the same way, if the need arises. M. The fee established by this chapter is in addition to any other fees or charges or taxes that are required by law as a condition of development. N. The period of greater than ten days prior to adoption of this chapter, data has been available to the public, and to developers and their representative, indicating the cost or estimated cost of the infrastructure to be funded, the revenue sources anticipated and means of spending these costs. Ordinance 978— Page 9 of 14 Page 137 3.64.020 Definitions. For the purposes of this chapter, the following words shall have the meanings set forth below: Businesses include all commercial/industrial, hotel/motel, and office units. City/service area means the entire city. Dwelling unit includes each single-family dwelling, each unit of an apartment, duplex dwelling group or multiple dwelling structure or condominium or planned residential development as a separate habitat for one or more persons or each mobilehome space designed to contain a mobilehome trailer on a semi-permanent or permanent basis. Equipment/material includes all necessary materials that are required for the proper operation of the facility for which this fee is imposed as defined in the study. Facilities mean those police facilities, land, improvements, or infrastructure located in the city. Person includes every person, firm or corporation constructing a dwelling unit directly or through the services of any employee, agent or independent contractor. Residential development includes all buildings or dwelling units constructed for the first time on open land or when existing structures are remodeled and added to or otherwise altered to increase the number of dwelling units. Study means the current development impact fee study on file in the City's Engineering Services Department that supports the fee resolution adopted pursuant to section 3.64.050. 3.64.030 Establishment and administration of Police Impact Fees. The city council finds that there is a reasonable relationship between the use of the fees and the need for facilities of development projects on which they are imposed. A. The finance director shall establish a special interest-bearing fund titled "Police Impact Fees." All fees collected pursuant to this chapter shall be deposited in this fund and shall be expended on the availability of police facilities and material assets in the city. B. A fee is imposed in the amounts set forth in this chapter and shall be applicable to every dwelling unit as defined in section 3.64.020 constructed in the city after the effective date of the ordinance codified in this chapter and shall be known as the "Police Impact Fee." 3.64.040 Payment. The fee imposed by this chapter shall be due and payable no sooner than issuance of building permits and no later than issuance of a certificate of occupancy for the dwelling unit(s)subject to the fee. No certificate of occupancy or temporary certificate of occupancy may be issued until the development fee has been paid in full. The amount of the fee shall be calculated at the time the fee is paid, based upon the rate then in effect. Ordinance 978 — Page 10 of 14 Page 138 3.64.050 Fees. The fees imposed by this chapter shall be set by resolution of the city council. 3.64.060 Fee exemptions. In the event that a development project is found to have no impact on facilities for which impact fees are charged, such project must be exempted from the fees. 3.64.070 Use of fees. The city council finds that there is established a police fund where all sums collected pursuant to this chapter shall be deposited and shall be used to expand on the availability of police facility assets in the city to serve new development. Those public facilities and other assets are identified in the study. 3.64.080 Severability. If any provision of this chapter or the application thereof to any person or circumstances is held invalid, such invalidity shall affect the other provisions of this chapter which can be given effect without the invalid provisions or its application, and to this end, the provisions of this chapter are severable. SECTION 6. Chapter 3.68 of the Municipal Code is hereby amended to read as follows: Chapter 3.68 PARK IN-LIEU/PARK IMPACT FEES 3.68.010 Purpose. The city council finds that the purpose of the Park In-Lieu/Park Impact Fees hereby enacted is to prevent new residential development from reducing the quality and availability of public services provided to residents of the city by requiring new residential and commercial development to contribute to the cost of expanding the availability of park and recreation assets in the city. The city finds: A. The need for two types of development fees for parks: Fees for park land acquisition and fees for park improvement. B. Fees for park land acquisition are subdivided: Fees in-lieu of park land dedication for subdivisions, and impact fees for park land acquisition not involving subdivisions. C. The need for fees to serve future development in the city without placing a burden on existing resources. D. The general plan has been adopted containing specific policies and standards for parks and recreation facilities. E. Dedicated land and/or in-lieu fees are to be used only for the purpose of developing new or rehabilitating existing neighborhood or community parks or recreational facilities to serve the subdivision paying the fees. Ordinance 978 — Page 11 of 14 Page 139 F. Park impact fees apply only to land acquisition in residential subdivisions. G. The demand factor for each type of residential development is the average population per unit for that type because the need for parks in a community is almost always based on population. H. The total acreage of city-owned park land will be used to determine the existing level of service for purposes of calculating impact fees for park land acquisition. I. Improved park acreage will be used to determine the existing level of service for the calculation of impact fees for park improvements. J. Impact fees for other specialized development types should be calculated in the same way, if the need arises. K. The period of greater than ten days prior to adoption of this chapter, data has been available to the public, and to developers and their representative, indicating the cost or estimated cost of the infrastructure to be funded, the revenue sources anticipated and means of spending these costs. 3.68.020 Definitions. For the purposes of this chapter, the following words shall have the meanings set forth below: City/service area means the entire city. Dwelling unit includes each single-family dwelling, each unit of an apartment, duplex dwelling group or multiple dwelling structure or condominium or planned residential development as a separate habitat for one or more persons or each mobilehome space designed to contain a mobilehome trailer on a semi-permanent or permanent basis. Facilities mean those park and recreation facilities, land, improvements, or infrastructure located in the city. Person includes every person, firm or corporation constructing a dwelling unit directly or through the services of any employee, agent or independent contractor. Residential development includes all dwelling units constructed for the first time on open land or when existing structures are remodeled, and added to or otherwise altered to increase the number of dwelling units. Study means the current development impact fee study on file in the City's Engineering Services Department that supports the fee resolution adopted pursuant to section 3.68.050. 3.68.030 Establishment and administration of Park In-Lieu/Park Impact Fees. The city council finds that there is a reasonable relationship between the use of the fees and the need for facilities of development projects on which they are imposed. A. The finance director shall establish a special interest-bearing fund titled "Park In-Lieu/Park Impact Fees." All fees collected pursuant to this chapter shall be deposited in this fund and shall be expended on the availability of park and recreation assets in the city. Ordinance 978 — Page 12 of 14 Page 140 B. A fee is imposed in the amounts set forth in this chapter and shall be applicable to every dwelling unit as defined in section 3.68.020 constructed in the city after the effective date of the ordinance codified in this chapter and shall be known as the Park In-Lieu/Park Impact Fee. 3.68.040 Payment. The fee imposed by this chapter shall be due and payable no sooner than issuance of building permits and no later than issuance of a certificate of occupancy for the dwelling unit(s)subject to the fee. No certificate of occupancy or temporary certificate of occupancy may be issued until the development fee has been paid in full. The amount of the fee shall be calculated at the time the fee is paid, based upon the rate then in effect. 3.68.050 Fees. The fees imposed by this chapter shall be set by resolution of the city council. 3.68.060 Fee exemptions. In the event that a development project is found to have no impact on facilities for which impact fees are charged, such project must be exempted from the fees. 3.68.070 Use of fees. The city council finds that there is established a Park In-Lieu/Park Fund where all sums collected pursuant to this chapter shall be deposited and shall be used to expand on the availability of park and recreation assets in the city to serve new development. Those public facilities and other assets are identified in the study. 3.68.080 Severability. If any provision of this chapter or the application thereof to any person or circumstances is held invalid, such invalidity shall affect the other provisions of this chapter which can be given effect without the invalid provisions or its application, and to this end, the provisions of this chapter are severable. SECTION 7. The City Council declares that, should any section, subsection, subdivision, sentence, clause, phrase, or portion of this Ordinance for any reason is held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council hereby declares that it would have adopted this Ordinance, and each section, subsection, subdivision, sentence, clause, phrase, or portion thereof, irrespective of the fact that any one or more sections, subsections, subdivisions, sentences, clauses, phrases, or portions thereof be declared invalid or unconstitutional. SECTION 8. Neither the adoption of this Ordinance nor the repeal of any other Ordinance of this City shall in any manner affect the prosecution for violations of ordinances, which violations were committed prior to the effective date hereof, nor be construed as a waiver of any penalty or the penal provisions applicable to any violation thereof. Ordinance 978 — Page 13 of 14 Page 141 SECTION 9. The City Clerk shall certify to the adoption of this Ordinance and shall cause it to be published in the manner required by law. PASSED, APPROVED, AND ADOPTED this 3rd day of March, 2021, by the following vote: AYES: ( ) NOES: ( ) ABSENT: ( ) ABSTAIN: ( ) L. Dennis Michael, Mayor ATTEST: Janice C. Reynolds, City Clerk APPROVED AS TO FORM: James L. Markman, City Attorney Ordinance 978 — Page 14 of 14 Page 142 ORDINANCE NO. 979 AN ORDINANCE OF THE CITY OF RANCHO CUCAMONGA, AMENDING SECTION 17.124.020 OF THE RANCHO CUCAMONGA MUNICIPAL CODE REGARDING PAYMENT REQUIREMENTS FOR THE PUBLIC ART IN-LIEU FEE, AND MAKING FINDINGS IN SUPPORT THEREOF The City Council of the City of Rancho Cucamonga does ordain as follows: SECTION 1. The City of Rancho Cucamonga, has prepared Municipal Code Amendment DRC2021-00003, as described in the title of this Ordinance. Hereinafter in this Ordinance, the subject Municipal Code Amendment is referred to as "the amendment". A. The City of Rancho Cucamonga, California (the "City") is a municipal corporation, duly organized under the constitution and laws of the State of California. B. On the 27th day of January, 2021, the Planning Commission of the City of Rancho Cucamonga conducted a noticed public hearing with respect to the amendment and, following the conclusion thereof, issued Resolution No. 21-07, recommending that the City Council of the City of Rancho Cucamonga adopt said amendment. C. On the 17th day of February 2021, the City Council of the City of Rancho Cucamonga conducted a noticed public hearing on the amendment and concluded said hearing on that date. D. All legal prerequisites to the adoption of this Ordinance have occurred. SECTION 2. Based upon the substantial evidence presented to this Council during the above-referenced public hearing, this Council hereby finds and concludes that the amendment's proposed changes to Title 17 (Development Code) of the Rancho Cucamonga Municipal Code are consistent with the General Plan goals, policies and implementation programs. General Plan Land Use Policy LU-14 identifies policies to support public art an as important amenity in the City. This amendment continues to advance the goal of providing public art through by maintaining an in-lieu fee to be paid prior to project completion. SECTION 3. Planning Department Staff has determined that the project is exempt from the requirements of the California Environmental Quality Act (CEQA) and the City's CEQA Guidelines. The project qualifies under the general rule that CEQA applies only to projects, which have the potential for causing significant effect on the environment. Pursuant to State CEQA Guidelines Section 15061(B)(3), where it can be seen with certainty that there is no possibility that the activity in question may have significant effect on the environment, the activity is not subject to CEQA. The proposed Development Code Amendment does not propose any physical change to the environment itself. The amendment provides an option to delay the timing of payment of a specific fee (public art in-lieu). SECTION 4. Section 17.124.020.D of Chapter 17.124 (Design Provisions for Public Art) is hereby amended to read as follows: Attachment 2 Ordinance 979— Page 1 of 3 Page 143 D. In lieu of providing the art required by the preceding subsection C, the applicant may do either of the following: 1. Donate to the city art work that meets or exceeds the minimum value of the art work; subject to the provisions of section 17.124.030 of this chapter. 2. Prior to the issuance of a building permit, pay on a per unit basis, an in-lieu fee into the city's public art trust fund, equal to the minimum value of the art work that would otherwise be included in the development project. If approved in writing by an authorized City representative, the applicant may defer payment of the in-lieu fee to no later than issuance of a certificate of occupancy for the development project. SECTION 5. The City Council declares that, should any section, subsection, subdivision, sentence, clause, phrase, or portion of this Ordinance for any reason is held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council hereby declares that it would have adopted this Ordinance, and each section, subsection, subdivision, sentence, clause, phrase, or portion thereof, irrespective of the fact that any one or more sections, subsections, subdivisions, sentences, clauses, phrases, or portions thereof be declared invalid or unconstitutional. SECTION 6. Neither the adoption of this Ordinance nor the repeal of any other Ordinance of this City shall in any manner affect the prosecution for violations of ordinances, which violations were committed prior to the effective date hereof, nor be construed as a waiver of any penalty or the penal provisions applicable to any violation thereof. SECTION 7. The City Clerk shall certify to the adoption of this Ordinance and shall cause it to be published in the manner required by law. PASSED, APPROVED, AND ADOPTED this 3rd day of March, 2021, by the following vote: AYES: ( ) NOES: ( ) ABSENT: ( ) ABSTAIN: ( ) L. Dennis Michael, Mayor ATTEST: Janice C. Reynolds, City Clerk Ordinance 979— Page 2 of 3 Page144 APPROVED AS TO FORM: James L. Markman, City Attorney Ordinance 979 — Page 3 of 3 Page145 CITY OF RANCHO CUCAMONGA $l DATE: March 3, 2021 TO: Mayor and Members of the City Council FROM: John R. Gillison, City Manager INITIATED BY: Community Parks and Landscape Citizens' Oversight Committee SUBJECT: Summary of Review of Results of Annual Independent Audit Concerning the Fiscal Year 2019/20 Expenditures in Landscape Maintenance Districts #1 General City, #2 Victoria, #4R Terra Vista, #6R Caryn Community, and #7 North Etiwanda, Street Lighting District #2 Residential, and Park and Recreation Improvement District#85. (CITY) RECOMMENDATION: It is recommended that the City Council receive and file this report. BACKGROUND: Established by Resolution 19-075, the Community Parks and Landscape Citizens' Oversight Committee is made up of members of the public that reside, and own property, within Landscape Maintenance Districts #1 General City, #2 Victoria, #4R Terra Vista, #6R Caryn Community, and #7 North Etiwanda, Street Lighting District#2 Residential, and Park and Recreation Improvement District#85 (collectively "the Districts"), and do not serve on any other standing City Commission or Committee. A primary purpose of the Committee is to review the annual audit after it is prepared and report the results of its review to the City Council and the community on an annual basis. The Committee has neither budgetary or operational decision-making authority, nor the authority to allocate financial resources or direct staff. ANALYSIS: At our meeting of February 10, 2021, Finance Director Tamara Oatman and Kirk Hamblin, Audit Manager of Lance, Soll & Lunghard, LLP, provided an overview of the audit for the Districts for Fiscal Year 2019/20. The reports generated by the audit include: • Audit Communication Letter • Independent Auditors' Report on Statement of Revenues, Expenditures, and Changes in Fund Balances • Independent Auditors' Report on Internal Control Over Financial Reporting It was noted that in accordance with the law, each of the Districts accounts for its own revenue and expenditures in its own funds. The auditor reviewed their work and a discussion was held regarding the audit process, and how the City ensures that funds collected for maintenance and operations are spent to the benefit of each District. The auditors and City Finance staff confirmed that the revenues received have been expended appropriately on maintenance, operations, and capital improvements in each of the Districts. Page 146 We appreciate the opportunity to serve our community on this Committee. Unfortunately, due to COVID-19 social distancing guidelines, the Committee will not be present at the City Council meeting. Therefore, we will participate telephonically to present this report. FISCAL IMPACT: There is no fiscal impact. COUNCIL MISSION /VISION / GOAL(S) ADDRESSED: This item addresses the City Council's core value of actively seeking and respectfully considering all public input for the Districts through the Committee Members' review and discussion of the annual financial report with City staff and the independent auditor. ATTACHMENTS: Attachment 1 —Audit Communication Letter Attachment 2 — Statement of Revenues, Expenditures and Changes in Fund Balances for the Districts for the year ended June 30, 2020 Attachment 3— Independent Auditors' Report on Internal Control Over Financial Reporting and on Compliance and Other Matters Page 2 Page 147 LSU19 !o• 10*• 99 December 21, 2020 To the Community Parks and Landscape Citizens' Oversight Committee City of Rancho Cucamonga, California We have audited the statement of revenues, expenditures and changes in fund balances of Landscape Maintenance Districts#1 General City, #2 Victoria, #4R Terra Vista, #6R Caryn Community, and #7 North Etiwanda, Street Lighting District #2 Residential, and Park and Recreation Improvement District #85 (collectively, the Districts) of the City of Rancho Cucamonga, California (the City), for the year ended June 30, 2020. Professional standards require that we provide you with information about our responsibilities under generally accepted auditing standards, Government Auditing Standards and the Uniform Guidance, as well as certain information related to the planned scope and timing of our audit. We have communicated such information in our letter to the City Council of the City of Rancho Cucamonga dated April 27, 2020. Professional standards also require that we communicate to you the following information related to our audit. Significant Audit Findings Qualitative Aspects of Accounting Practices Management is responsible for the selection and use of appropriate accounting policies. The significant accounting policies used by the Districts are described in the notes to statement of revenues, expenditures and changes in fund balances. No new accounting policies were adopted and the application of existing policies was not changed during Fiscal Year 2019/20. We noted no transactions entered into by the Districts during the year for which there is a lack of authoritative guidance or consensus. All significant transactions have been recognized in the financial statements in the proper period. The statement of revenues, expenditures and changes in fund balances disclosures are neutral, consistent, and clear. Difficulties Encountered in Performing the Audit We encountered no significant difficulties in dealing with management in performing and completing our audit. Corrected and Uncorrected Misstatements Professional standards require us to accumulate all known and likely misstatements identified during the audit, other than those that are trivial, and communicate them to the appropriate level of management. No misstatements were found. Disagreements with Management For purposes of this letter, a disagreement with management is a financial accounting, reporting, or auditing matter, whether or not resolved to our satisfaction, that could be significant to the statement of revenues, expenditures and changes in fund balances or the auditor's report. We are pleased to report that no such disagreements arose during the course of our audit. 5 primeGlobal adrpd»u« a.«,su ro-nr Soll&Lunghard,LLP 2031 1 1111 Page 148 LS L:o:::00 To the Community Parks and Landscape Citizens' Oversight Committee City of Rancho Cucamonga, California Management Representations We have requested certain representations from management that are included in the management representation letter dated December 21, 2020. Management Consultations with Other Independent Accountants In some cases, management may decide to consult with other accountants about auditing and accounting matters, similar to obtaining a "second opinion" on certain situations. If a consultation involves application of an accounting principle to the Districts' revenues, expenditures and changes in fund balances or a determination of the type of auditor's opinion that may be expressed on those statements, our professional standards require the consulting accountant to check with us to determine that the consultant has all the relevant facts. To our knowledge, there were no such consultations with other accountants. Other Audit Findings or Issues We generally discuss a variety of matters, including the application of accounting principles and auditing standards, with management each year prior to retention as the Districts' auditors. However, these discussions occurred in the normal course of our professional relationship and our responses were not a condition to our retention. Other Matters New Accounting Standards The following new Governmental Accounting Standards Board (GASB) pronouncements were effective for Fiscal Year 2019/20 audit: GASB Statement No. 95, Postponement of Effective Dates of Certain Authoritative Guidance — The following pronouncements have been postponed as a temporary relief to governments and other stakeholders in light of the COVID-19 pandemic and the new effective date are reflected in the following fiscal years. GASB Statement No. 88, Certain Disclosure Related to Debt, including Direct Borrowing and Direct Placements. The following Governmental Accounting Standards Board (GASB) pronouncements are effective in the following fiscal year audit and should be reviewed for proper implementation by management: Fiscal Year 2020/21 GASB Statement No. 84, Fiduciary Activities. GASB Statement No. 90, Majority Equity Interests - an Amendment of GASB Statement Nos. 14 and 61. Fiscal Year 2021/22 GASB Statement No. 87, Leases. GASB Statement No. 89, Accounting for Interest Cost Incurred before the End of a Construction Period. Page 149 LS L:o:::00 To the Community Parks and Landscape Citizens' Oversight Committee City of Rancho Cucamonga, California Fiscal Year 2022/23 GASB Statement No. 91, Conduit Debt Obligations. Restriction on Use This information is intended solely for the use of Community Parks and Landscape Citizens' Oversight Committee and management of the Districts and is not intended to be, and should not be, used by anyone other than these specified parties. Very truly yours, Brea, California Page 150 LSUe iii /®i •• LANDSCAPE MAINTENANCE DISTRICTS #1 GENERAL CITY, #2 VICTORIA, #4R TERRA VISTA, #6R CARYN COMMUNITY, AND #7 NORTH ETIWANDA STREET LIGHTING DISTRICT #2 RESIDENTIAL, AND PARK AND RECREATION IMPROVEMENT DISTRICT #85 CITY OF RANCHO CUCAMONGA, CALIFORNIA STATEMENT OF REVENUES, EXPENDITURES YEAR ENDED JUNE 30, 2020 AND CHANGES IN FUND BALANCES Focused on YOU WWW.LSLCPAS.COM LANDSCAPE MAINTENANCE DISTRICTS #1 GENERAL CITY, #2 VICTORIA, #4R TERRA VISTA, #6R CARYN COMMUNITY, AND#7 NORTH ETIWANDA, STREET LIGHTING DISTRICT#2 RESIDENTIAL, AND PARK AND RECREATION IMPROVEMENT DISTRICT#85 CITY OF RANCHO CUCAMONGA, CALIFORNIA STATEMENT OF REVENUES, EXPENDITURES AND CHANGES IN FUND BALANCES YEAR ENDED JUNE 30, 2020 Page 152 LANDSCAPE MAINTENANCE DISTRICTS #1 GENERAL CITY, #2 VICTORIA, #4R TERRA VISTA, #6R CARYN COMMUNITY, AND #7 NORTH ETIWANDA, STREET LIGHTING DISTRICT#2 RESIDENTIAL, AND PARK AND RECREATION IMPROVEMENT DISTRICT#85 CITY OF RANCHO CUCAMONGA, CALIFORNIA YEAR ENDED JUNE 30, 2020 TABLE OF CONTENTS Page Number INDEPENDENT AUDITORS' REPORT............................................................................................... 1 STATEMENT OF REVENUES, EXPENDITURES AND CHANGES IN FUND BALANCES.................................................................................................................... 3 NOTES TO STATEMENT OF REVENUES, EXPENDITURES AND CHANGES INFUND BALANCES.................................................................................................................... 5 Page153 LSU19 !o• 0*• 99 INDEPENDENT AUDITORS' REPORT To the Community Parks and Landscape Citizens' Oversight Committee City of Rancho Cucamonga, California Report on the Statement of Revenues, Expenditures and Changes in Fund Balances We have audited the accompanying statement of revenues, expenditures and changes in fund balances of Landscape Maintenance Districts #1 General City, #2 Victoria, #4R Terra Vista, #6R Caryn Community, and #7 North Etiwanda, Street Lighting District #2 Residential, and Park and Recreation Improvement District #85 (collectively, the Districts) of the City of Rancho Cucamonga (the City), for the year ended June 30, 2020, and the related notes to the statement of revenues, expenditures and changes in fund balances, as listed in the table of contents. Management's Responsibility for the Statement of Revenues, Expenditures and Changes in Fund Balances Management is responsible for the preparation and fair presentation of these statement of revenues, expenditures and changes in fund balances in accordance with accounting principles generally accepted in the United States of America; this includes the design, implementation, and maintenance of internal control relevant to the preparation and fair presentation of financial statements that are free from material misstatement, whether due to fraud or error. Auditor's Responsibility Our responsibility is to express opinions on the Districts' statement of revenues, expenditures and changes in fund balances based on our audit. We conducted our audit in accordance with auditing standards generally accepted in the United States of America; the standards applicable to financial audits contained in Government Auditing Standards, issued by the Comptroller General of the United States; and the State Controller's Minimum Audit Requirements for California Special District. Those standards require that we plan and perform the audit to obtain reasonable assurance about whether the statement of revenues, expenditures and changes in fund balances are free from material misstatement. An audit involves performing procedures to obtain audit evidence about the amounts and disclosures in the financial statements. The procedures selected depend on the auditor's judgment, including the assessment of the risks of material misstatement of the statement of revenues, expenditures and changes in fund balances, whether due to fraud or error. In making those risk assessments, the auditor considers internal control relevant to the City's preparation and fair presentation of the statement of revenues, expenditures and changes in fund balances in order to design audit procedures that are appropriate in the circumstances, but not for the purpose of expressing an opinion on the effectiveness of the City's internal control. Accordingly, we express no such opinion. An audit also includes evaluating the appropriateness of accounting policies used and the reasonableness of significant accounting estimates made by management, as well as evaluating the overall presentation of the statement of revenues, expenditures and changes in fund balances. We believe that the audit evidence we have obtained is sufficient and appropriate to provide a basis for our audit opinions. PrimeGlobal adrvd»« a.w,isu ro-n 203 N.Brea Blvd., 1 11111"MOR AM Page 154 LS L:o:::00 To the Community Parks and Landscape Citizens' Oversight Committee City of Rancho Cucamonga, California Opinions In our opinion, the statement of revenues, expenditures and changes in fund balances referred to above present fairly, in all material respects, the respective financial position of the revenues, expenditures and changes in fund balances of the Districts' of the City for the year ended June 30, 2020, in accordance with accounting principles generally accepted in the United States of America. Other Reporting Required by Government Auditing Standards In accordance with Government Auditing Standards, we have also issued our report dated December 21, 2020, on our consideration of the City's internal control over financial reporting and on our tests of its compliance with certain provisions of laws, regulations, contracts, and grant agreements and other matters. The purpose of that report is solely to describe the scope of our testing of internal control over financial reporting and compliance and the results of that testing, and not to provide an opinion on the effectiveness of the City's internal control over financial reporting or on compliance. That report is an integral part of an audit performed in accordance with Government Auditing Standards in considering the Districts' internal control over financial reporting and compliance. Brea, California December 21, 2020 2 Page 155 LANDSCAPE MAINTENANCE DISTRICTS#1 GENERAL CITY,#2 VICTORIA,#411 TERRA VISTA, #6R CARYN COMMUNITY,AND#7 NORTH ETIWANDA, STREET LIGHTING DISTRICT#2 RESIDENTIAL, AND PARK AND RECREATION IMPROVEMENT DISTRICT#85 CITY OF RANCHO CUCAMONGA STATEMENT OF REVENUES, EXPENDITURES AND CHANGES IN FUND BALANCES YEAR ENDED JUNE 30,2020 Landscape Landscape Landscape Landscape Maintenance Maintenance Maintenance Maintenance District#6R District#1 District#2 District#4R Terra Caryn General City Victoria Vista Community Revenues: Taxes $ 1,250,133 $ 3,569,927 $ 2,808,859 $ 526,748 Charges for services 9,680 733 151 - Use of money and property 78,681 120,124 187,991 20,681 Contributions from City: General benefit contribution - 323,730 - - General benefit equivalent 150,800 - - 43,680 Miscellaneous - 1,605 - - Total Revenues 1,489,294 4,016,119 2,997,001 591,109 Expenditures: Personnel services 30,329 878,310 1,009,303 18,447 Operating costs: Operations and maintenance 67,461 62,730 71,276 4,464 Contract services 517,008 1,125,709 351,514 234,983 Tree maintenance 52,500 157,007 71,515 34,670 Utilities 375,109 879,249 405,623 163,425 Assessment administration 62,850 35,080 20,980 6,680 Interfund allocation - 80,430 - - General overhead allocation 48,030 289,680 235,870 35,510 Capital outlay 313,000 206,308 105,691 - Debt service: Principal retirement - - - - Interest and fiscal charges - - - - Total Expenditures 1,466,287 3,714,503 2,271,772 498,179 Net Change in Fund Balances 23,007 301,616 725,229 92,930 Fund Balances, Beginning of Year, as originally reported 1,799,327 4,247,967 6,600,071 678,239 Restatements - - - - Fund Balances, Beginning of Year, as restated 1,799,327 4,247,967 6,600,071 678,239 Fund Balances, End of Year $ 1,822,334 $ 4,549,583 $ 7,325,300 $ 771,169 See Notes to Statement of Revenues, Expenditures and Changes in Fund Balances 3 Page 156 LANDSCAPE MAINTENANCE DISTRICTS#1 GENERAL CITY,#2 VICTORIA,#4R TERRA VISTA, #6R CARYN COMMUNITY,AND#7 NORTH ETIWANDA,STREET LIGHTING DISTRICT#2 RESIDENTIAL, AND PARK AND RECREATION IMPROVEMENT DISTRICT#85 CITY OF RANCHO CUCAMONGA STATEMENT OF REVENUES, EXPENDITURES AND CHANGES IN FUND BALANCES YEAR ENDED JUNE 30,2020 Landscape Park and Maintenance Street Lighting Recreation District#7 District#2 Improvement North Etiwanda Residential District#85 Revenues: Taxes $ 947,458 $ 377,664 $ 1,161,474 Charges for services 3,791 - 20,041 Use of money and property 94,288 7,635 209,775 Contributions from City: General benefit contribution - - - General benefit equivalent - 363,500 217,060 Miscellaneous - - - Total Revenues 1,045,537 748,799 1,608,350 Expenditures: Personnel services 204,269 - 214,726 Operating costs: Operations and maintenance 26,188 90,679 44,080 Contract services 358,873 689 241,381 Tree maintenance 15,820 - 14,241 Utilities 304,274 282,997 278,514 Assessment administration 16,130 38,080 144,590 Interfund allocation - - - General overhead allocation 93,960 1,900 52,650 Capital outlay - 5,480 229,678 Debt service: Principal retirement - 216,188 - Interest and fiscal charges - 38,253 - Total Expenditures 1,019,514 674,266 1,219,860 Net Change in Fund Balances 26,023 74,533 388,490 Fund Balances, Beginning of Year, as originally reported 1,394,365 (3,317,791) 2,471,858 Restatements - 4,286,054 - Fund Balances, Beginning of Year, as restated 1,394,365 968,263 2,471,858 Fund Balances, End of Year $ 1,420,388 $ 1,042,796 $ 2,860,348 See Notes to Statement of Revenues, Expenditures and Changes in Fund Balances 4 Page 157 LANDSCAPE MAINTENANCE DISTRICTS#1 GENERAL CITY, #2 VICTORIA, #4R TERRA VISTA, #6111 CARYN COMMUNITY, AND#7 NORTH ETIWANDA, STREET LIGHTING DISTRICT#2 RESIDENTIAL, AND PARK AND RECREATION IMPROVEMENT DISTRICT#85 CITY OF RANCHO CUCAMONGA, CALIFORNIA NOTES TO STATEMENT OF REVENUES, EXPENDITURES AND CHANGES IN FUND BALANCES FOR THE YEAR ENDED JUNE 30, 2020 Note 1: Description of the Reporting Entity The City of Rancho Cucamonga was incorporated on November 30, 1977, under the laws of the State of California and enjoys all the rights and privileges applicable to a General Law City. It is governed by an elected five-member board. The City of Rancho Cucamonga, California, has formed certain maintenance districts and authorized the levy of assessments pursuant to the terms and provisions of the "Landscaping and Lighting Act of 1972," being Division 15, Part 2 of the Streets and Highways Code of the State of California (commencing with Section 22500). The City levies annual assessments to finance the costs and expenses necessary for maintenance and improvements in each assessment district. The City cannot levy and collect annual assessments within an assessment district without complying with the procedures specified in the Landscaping and Lighting Act of 1972. On an annual basis, an Engineer's Report must be prepared for each assessment district which contains a full and detailed description of the improvements and the proposed assessments upon assessable lots and parcels of land within the district. The City Council must also adopt a resolution of intention which: • Declares the intention of the City Council to levy and collect assessments within the assessment district for the fiscal year stated therein. • Generally, describes the existing and proposed improvements and any substantial changes proposed to be made in existing improvements. • Refers to the assessment district by its distinctive designation and indicates the general location of the district. • Refers to the Engineer's Report for a full and detailed description of the improvements, the boundaries of the assessment district and any zones therein, and the proposed assessments upon assessable lots and parcels of land within the district. • Gives notice of the time and place for public hearing by the City Council on the levy of the proposed assessment. • States whether the assessment is proposed to increase from the previous year. The improvements for the districts include, but are not limited to turf,ground cover,planter beds, shrubs, plants and trees, landscape lighting, irrigation systems, electrical energy for irrigation controllers, hardscapes, entry signs, sound walls, and all associated appurtenant facilities. A description of the specific improvements to be maintained and serviced within each assessment district is set forth in the Annual Engineer's Report. Maintenance may include the furnishing of services and materials for the ordinary and usual maintenance, operation, and servicing of any improvement, including repair, removal, or replacement of all or any part of any improvement; providing for the life, growth, health, and beauty of landscaping, including cultivation, irrigation, trimming,spraying,fertilizing,or treating for disease or injury;the removal of trimmings,rubbish, debris, and other solid waste; the cleaning, sandblasting, and painting of walls and other 5 Page 158 LANDSCAPE MAINTENANCE DISTRICTS#1 GENERAL CITY, #2 VICTORIA, #4R TERRA VISTA, #6111 CARYN COMMUNITY, AND#7 NORTH ETIWANDA, STREET LIGHTING DISTRICT#2 RESIDENTIAL, AND PARK AND RECREATION IMPROVEMENT DISTRICT#85 CITY OF RANCHO CUCAMONGA, CALIFORNIA NOTES TO STATEMENT OF REVENUES, EXPENDITURES AND CHANGES IN FUND BALANCES FOR THE YEAR ENDED JUNE 30, 2020 Note 1: Description of the Reporting Entity(Continued) improvements to remove or cover graffiti.Service may include the furnishing of electric current or energy, gas, or other illuminating agent for the lighting or operation of any improvements, and water for the irrigation of any landscaping,the operation of any fountains, or the maintenance of any other improvements. The accompanying statement of revenues,expenditures and changes in fund balances contains information relative only to the Landscape Maintenance Districts #1 General City, #2 Victoria, #4R Terra Vista, #6R Caryn Community, and #7 North Etiwanda, Street Lighting District #2 Residential, and Park and Recreation Improvement District #85 of the City of Rancho Cucamonga, which are an integral part of the City of Rancho Cucamonga. Landscape Maintenance District No. 1 General City(LMD 1)was formed in 1979 and consists of 8,347 single family homes, 10,280 multi-family units, and 8.83 acres of vacant land, seven parks,and trails. Landscape improvements provided in LMD 1 may include,but are not limited to: turf, ground cover, shrubs and trees, sprinkler and irrigation systems, ornamental lighting, drainage systems, masonry walls,entryway monuments,and associated appurtenances.These improvements include all necessary services; operations; administration; and maintenance required to keep the abovementioned improvements in healthy, vigorous, and satisfactory working condition. The assessment rates are as follows: Fiscal Year Fiscal Year Percentage 2019/20 2020/21 Change Single family home $ 92.21 $ 92.21 0.00% Condominium unit 46.11 46.11 0.00% Multi-family unit 46.11 46.11 0.00% Commercial/industrial parcel per acre 184.42 184.42 0.00% Victoria Neighborhood Parks and Landscape Maintenance District(LMD 2)was formed in 1982 and consists of 5,890 single family homes,641 condominiums,589 multi-family units,56.03 acres of commercial/industrial, 75.35 acres of public service parcels,and 21.70 acres of vacant land, six parks, and trails. On June 5, 2013, a Proposition 218 ballot proceeding was held, and residents approved a rate increase. The assessment rates are as follows: Fiscal Year Fiscal Year Percentage 2019/20 2020/21 Change Single family home $ 503.80 $ 503.80 0.00% Condominium unit 370.98 370.98 0.00% Multi-family unit 352.66 352.66 0.00% Commercial/industrial parcel per acre 2,381.60 2,381.60 0.00% Public service parcel per acre 137.40 137.40 0.00% Undeveloped parcel per acre 100.76 100.76 0.00% 6 Page 159 LANDSCAPE MAINTENANCE DISTRICTS#1 GENERAL CITY, #2 VICTORIA, #4R TERRA VISTA, #6111 CARYN COMMUNITY, AND#7 NORTH ETIWANDA, STREET LIGHTING DISTRICT#2 RESIDENTIAL, AND PARK AND RECREATION IMPROVEMENT DISTRICT#85 CITY OF RANCHO CUCAMONGA, CALIFORNIA NOTES TO STATEMENT OF REVENUES, EXPENDITURES AND CHANGES IN FUND BALANCES FOR THE YEAR ENDED JUNE 30, 2020 Note 1: Description of the Reporting Entity (Continued) Landscape Maintenance District No. 4R Terra Vista (LMD 4R)was formed in 1984 and consists of 2,652 single family homes, 1,441 condominiums, 3,809 multi-family, 35.41 acres of schools, 176.41 acres of commercial/industrial,and 64.85 acres of vacant land.On December 2, 2009, a Proposition 218 ballot proceeding was held, and residents approved a rate increase. The assessment rates are as follows: Fiscal Year Fiscal Year Percentage 2019/20 2020/21 Change Single family home $ 397.15 $ 397.15 0.00% Condominium unit 317.72 317.72 0.00% Multi-family unit 278.01 278.01 0.00% Commercial/industrial parcel per acre 1,290.74 1,290.74 0.00% Undeveloped parcel per acre 99.29 99.29 0.00% School parcel per acre 99.29 99.29 0.00% Landscape Maintenance District No. 6R Caryn Community (LMD 6R)was formed in 1986 and consists of 963 single family homes in Zone 1, 310 single family homes in Zone 2, 5.35 acres of schools,and 0.54 acres of vacant land. On September 1,2010,a Proposition 218 ballot proceeding was held, and residents approved a rate increase. The assessment rates are as follows: Fiscal Year Fiscal Year Percentage 2019/20 2020/21 Change Single family home-Zone 1 $ 438.75 $ 451.92 3.00% Single family home-Zone 2 329.06 338.94 3.00% School parcel per acre 109.69 112.98 3.00% Undeveloped parcel per acre 109.69 112.98 3.00% Landscape Maintenance District No. 7 North Etiwanda (LMD 7) was formed in 1989 and currently consists of 3,085 single family homes. The assessment rates are as follows: Fiscal Year Fiscal Year Percentage 2019/20 2020/21 Change Single family home $ 307.05 $ 307.05 0.00% Street Lighting Maintenance District No. 2 Residential (SLD 2)was formed in August 1983 and consists of 7,267 single family homes, 2,049 multi-family units, and 35.16 acres of non-residential land. The SLD 2 assessments pay for energy and maintenance for streetlights within the public right-of-way and dedicated easements within the boundaries of SLD 2. 7 Page 160 LANDSCAPE MAINTENANCE DISTRICTS#1 GENERAL CITY, #2 VICTORIA, #4R TERRA VISTA, #6111 CARYN COMMUNITY, AND#7 NORTH ETIWANDA, STREET LIGHTING DISTRICT#2 RESIDENTIAL, AND PARK AND RECREATION IMPROVEMENT DISTRICT#85 CITY OF RANCHO CUCAMONGA, CALIFORNIA NOTES TO STATEMENT OF REVENUES, EXPENDITURES AND CHANGES IN FUND BALANCES FOR THE YEAR ENDED JUNE 30, 2020 Note 1: Description of the Reporting Entity (Continued) The assessment rates are as follows: Fiscal Year Fiscal Year Percentage 2019/20 2020/21 Change Single family home $ 39.97 $ 39.97 0.00% Multi-family unit 39.97 39.97 0.00% Commercial/industrial parcel per acre 79.94 79.94 0.00% Park and Recreation Improvement District No. 85 Red Hill and Heritage Park District (PD 85) was formed in April 1985. PD 85 is a combination Improvement and Maintenance District. This special tax was issued to pay for bonds that were sold in 1985 and refinanced in 1993. The bonds that were sold for the construction of the parks have been paid off as of 2005. However,all parcels in PD 85 will continue to be assessed for the on-going maintenance of both parks. The boundary of PD 85 is citywide except properties within the planned communities. The assessment rates are as follows: Fiscal Year Fiscal Year Percentage 2019/20 2020/21 Change Single family home $ 31.00 $ 31.00 0.00% Condominium unit 31.00 31.00 0.00% Multi-family unit 31.00 31.00 0.00% Commercial/industrial parcel <1.50 acres 15.50/Lot 15.50/Lot 0.00% 1.51 - 3.50 acres 46.50/Lot 46.50/Lot 0.00% 3.51 - 7.00 acres 108.50/Lot 108.50/Lot 0.00% 7.01 - 14.00 acres 217.00/Lot 217.00/Lot 0.00% 14.01 - 25.00 acres 434.00/Lot 434.00/Lot 0.00% >25.01 acres 775.00/Lot 775.00/Lot 0.00% Note 2: Measurement Focus, Basis of Accounting and Financial Statement Presentation The statement of revenues, expenditures and changes in fund balances is reported using the current financial resources measurement focus and the modified accrual basis of accounting. Revenues are recognized as soon as they are both measurable and available. Revenues are considered to be available when they are collectible within the current period or soon enough thereafter to pay liabilities of the current period. For this purpose, the government considers revenues to be available if they are collected within 60 days of the end of the current fiscal period. Expenditures are generally recorded when a liability is incurred, as under accrual accounting except for sales tax and grant revenue where the government considers revenue to be available if collected within 180 days of the end of the current fiscal year period. However, debt service expenditures,as well as expenditures related to compensated absences and claims and judgments, are recorded only when payment is due. 8 Page 161 LANDSCAPE MAINTENANCE DISTRICTS#1 GENERAL CITY, #2 VICTORIA, #4R TERRA VISTA, #6R CARYN COMMUNITY, AND#7 NORTH ETIWANDA, STREET LIGHTING DISTRICT#2 RESIDENTIAL, AND PARK AND RECREATION IMPROVEMENT DISTRICT#85 CITY OF RANCHO CUCAMONGA, CALIFORNIA NOTES TO STATEMENT OF REVENUES, EXPENDITURES AND CHANGES IN FUND BALANCES FOR THE YEAR ENDED JUNE 30, 2020 Note 2: Measurement Focus, Basis of Accounting and Financial Statement Presentation (Continued) Assessment Revenue Assessment revenue is recognized on the modified accrual basis, that is, in the fiscal year for which the assessments have been levied providing they become available. Available means then due,or past due and receivable within the current period and collected within the current period or expected to be collected soon enough thereafter to be used to pay liabilities of the current period. The County of San Bernardino collects the assessments for the Districts. Assessment liens attach annually as of 12:01 A.M. on the first day in January proceeding the fiscal year for which the assessments are levied.Assessments are levied on real property as it exists on that date.The assessment levy covers the fiscal period July 1 to June 30.One-half of the assessment is due November 1;the second half of the assessment is due February 1. All assessments are delinquent if unpaid on December 10 and April 10, respectively. Fund Type The Landscape Maintenance District#1 General City,#2 Victoria,#4R Terra Vista,#6 Caryn Community, and #7 North Etiwanda, and Street Lighting District #2 funds included in this report are accounted for in the City's financial records as special revenue funds. Special revenue funds account for and report the proceeds of specific revenue sources that are restricted or committed to expenditures for specified purposes. Special revenue funds are designed to help determine and demonstrate resources that must be used for a specified purpose are, in fact, used for that purpose. The Park and Recreation Improvement District#85 fund included in this report is accounted for in the City's financial records as an agency fund. Agency funds are used to account for assets held by the City as trustee of agent for individuals, private organizations, or other governmental unites, and/or other funds. Note 3: Contributions from City A General Benefit Contribution quantifies the dollar value of a general benefit to parcels within a district which is required by law to be funded from sources other than special assessments.This general benefit is contributed from general revenues by the City's General Fund. In the event a district is operating at a deficit, lacks the resources for necessary maintenance or maintains insufficient operating reserves, a General Benefit Equivalent may be authorized by the City Council through the annual budget process. Per City policy, the amount of the General Benefit Equivalent will not exceed 11%of the adjusted total budget of the district under consideration for the subsidy. Note 4: Advances from City On August 16, 2017, the City Council authorized an advance of$4,286,054 from the General Fund to the Street Lighting District#2 Fund to provide funding forthe purchase and acquisition of Southern California Edison owned streetlights,the installation of LED lighting to streetlights,and other one-time costs necessary to inventory the streetlights. The advance was completed in phases and bears interest at 1.0% on the outstanding balance. The advance is payable in monthly installments and the final payment will occur in August 2037. At June 30, 2020, the outstanding balance amounted to $3,697,434. 9 Page162 LANDSCAPE MAINTENANCE DISTRICTS#1 GENERAL CITY, #2 VICTORIA, #4R TERRA VISTA, #6R CARYN COMMUNITY, AND#7 NORTH ETIWANDA, STREET LIGHTING DISTRICT#2 RESIDENTIAL, AND PARK AND RECREATION IMPROVEMENT DISTRICT#85 CITY OF RANCHO CUCAMONGA, CALIFORNIA NOTES TO STATEMENT OF REVENUES, EXPENDITURES AND CHANGES IN FUND BALANCES FOR THE YEAR ENDED JUNE 30, 2020 Note 5: Restatement of Fund Balance The Street Lighting District #2 Residential Fund reports a restatement of the beginning fund balance of$4,286,054 for the authorized advance from the City's General Fund to the District as described in Note 4. In the City's financial statements, the District reports an interfund liability offset by an interfund asset reported by the City's General Fund. The interfund liability and asset are reduced as the advance is repaid by allocating resources between the District and City's General Fund. In contrast, the District reports debt service expenditures to represent the repayment of the City's advance in these stand-alone component reports. The difference in the reported fund balance shown in the City's financial statements compared to the District's financial statements will be eliminated when the advance is fully repaid. 10 Page163 LSU's !!! !.0! !! INDEPENDENT AUDITORS' REPORT ON INTERNAL CONTROL OVER FINANCIAL REPORTING AND ON COMPLIANCE AND OTHER MATTERS BASED ON AN AUDIT OF FINANCIAL STATEMENTS PERFORMED IN ACCORDANCE WITH GOVERNMENT AUDITING STANDARDS To the Community Parks and Landscape Citizens' Oversight Committee City of Rancho Cucamonga, California We have audited, in accordance with the auditing standards generally accepted in the United States of America and the standards applicable to financial audits contained in Government Auditing Standards issued by the Comptroller General of the United States, the statement of revenues, expenditures and changes in fund balances of Landscape Maintenance Districts #1 General City, #2 Victoria, #4R Terra Vista, #6R Caryn Community, and#7 North Etiwanda, Street Lighting District#2 Residential, and Park and Recreation Improvement District #85 (collectively, the Districts), of the City of Rancho Cucamonga, California (the City), for the year ended June 30, 2020, and the related notes to statement of revenues, expenditures and changes in fund balances, and have issued our report thereon dated December 21, 2020. Internal Control over Financial Reporting In planning and performing our audit of the statement of revenues, expenditures and changes in fund balances, we considered the City's internal control over financial reporting (internal control) as a basis for designing audit procedures that are appropriate in the circumstances for the purpose of expressing our opinions on the financial statements, but not for the purpose of expressing an opinion on the effectiveness of the City's internal control. Accordingly, we do not express an opinion on the effectiveness of the City's internal control. A deficiency in internal control exists when the design or operation of a control does not allow management or employees, in the normal course of performing their assigned functions,to prevent,or detect and correct, misstatements on a timely basis. A material weakness is a deficiency, or a combination of deficiencies, in internal control, such that there is a reasonable possibility that a material misstatement of the City's statement of revenues, expenditures and changes in fund balances will not be prevented, or detected and corrected on a timely basis. A significant deficiency is a deficiency, or a combination of deficiencies, in internal control that is less severe than a material weakness, yet important enough to merit attention by those charged with governance. Our consideration of internal control was for the limited purpose described in the first paragraph of this section and was not designed to identify all deficiencies in internal control that might be material weaknesses or significant deficiencies. Given these limitations, during our audit we did not identify any deficiencies in internal control that we consider to be material weaknesses. However, material weaknesses may exist that have not been identified. Compliance and Other Matters As part of obtaining reasonable assurance about whether the Districts'statement of revenues,expenditures and changes in fund balances are free from material misstatement, we performed tests of its compliance with certain provisions of laws, regulations, contracts, and grant agreements, noncompliance with which could have a direct and material effect on the determination of statement of revenues, expenditures and PrimeGlobal adrvd»« a.w,isu ro-n 1 1 1111 Page164 LS L:o:::00 To the Community Parks and Landscape Citizens' Oversight Committee City of Rancho Cucamonga, California changes in fund balances. However, providing an opinion on compliance with those provisions was not an objective of our audit, and accordingly,we do not express such an opinion.The results of our tests disclosed no instances of noncompliance or other matters that are required to be reported under Government Auditing Standards. Purpose of this Report The purpose of this report is solely to describe the scope of our testing of internal control and compliance and the results of that testing,and not to provide an opinion on the effectiveness of the City's internal control or on compliance. This report is an integral part of an audit performed in accordance with Government Auditing Standards in considering the City's internal control and compliance. Accordingly, this communication is not suitable for any other purpose. Brea, California December 21, 2020 Page 165 � r f^ SchoolIA��ogo ,��[�No I OO@ Reo enin moo 11 p 9 mo; rv� k I p t .p y- � ,z* � ! •�� r�� !fir'' � � �. � d Pam` ►. ��� ,,� •� � y._..:, " � ,�, 'e P" m a c s Akft N -a jv �Q BODY. 04 RANCHO CUCAMONGA d fit. W h a t ' s What ' • • a pp en in g ? Imp a ct • hat ' s our ,BODY.fqR = `'9RDIN�G RANCHO Re s o n s e ?. CUCAMONGA W h a t ' s a p p e n g ? • COVID- 19 Hits U . S . in early 2020 • School Closures in March 2020 4 Distance Learning Model • Schools Begin Reopening in March and April 2021 • Districts are Quickly Gearing Up to Reopen • Continued Updating of State Standards & Policies i ° �Oa • Hybrid Model of In-Person Learning f y� i What s it Lk m a ct in { r AL R School elated Tra BODY.fqR I to `'ARDIN�G RANCHO CUCAMONGA • Tr a d it chool Schedule 6 10 12 2 4 BODY.f �O 4�T i `'ARDIN�G RANCHO CUCAMONGA Hyb r School Schedules 6 8 10 12 2 4 6 10 12 2 4 gODY.f i `'ARDIN�G RANCHO CUCAMONGA OStS what ' s it Tr a d itio n a 1 : mp acting 1? $ 2 2 Ok + Hybrid Models : 2 - 4 x Traditional Availabilityof on • / 2 IRates Vendor �r4 �Q BODY.fq� taffin g ? RANCHO I ARDINO CUCAMONGA i do Reass 'ig -ji *ing School Resource Off*icers to Schools School Area Schedul ',-mng RANCHOEnforce , ent CUCAMONGA a b- 4 - Y F t r• .. r \ IL F 7 . -o l~� pill r i�:� 1�y li• � � �;� SAS :: t- : uu fit, r. r c r LOS AMIGOS A COMMUNITY SCHOOL ,. Reintroduce IRC & Community School J y� �r.,., ludingin- erson activities . pro rag, nc r } A-� r • HRCindiscussion with h I to ollaborate . school c on conductingneeds assessments . oot f • Address needs with new and timely program,, and services . _ `aQ BODY.FgRT - 9 F_C0 Ak CHAFFEY JOINT UNION MENTAL HEALTH TASK F HRC is an active participant and will continue to � collaborate with local and regional partners to strategi ` address teen mental health , particularly challenges th t have been a result of, or exacerbated by the pandemi • r _y .r •� Reintroduce SRTS and implement it SAF ,x person activities and programs that promote physical activity. RO UTES To W, Promote pedestrian / driver safety SCIIOOL printed throu h and electronic g material . ■ Saf e j . • flutes See and Be ; - - - ■ ■ ■ Assume They See1 L F Ic rub I " Sa fet Y "P ,. C a m p a t 1* 9 "OK L6k)K LJtKL�K &-x)K LO &OK Stay A I ort - Stay A]We Stay Alert - Stay Al Ive t, See and Be Seen . Stop, Look, � �4 Y. .r5 AGG 1}'��C�idlT•31iWli F ICIi MP stir ay��71� i W�lid.��rtiT�riY�I�riW r W I ��^rr.dti�.k�r rk Wel Ld�iri�r✓i �tr.� IAMB ��� � zcrun� L Zr rir.Y��. + y LILIITSrL{� A 4r�.ra���Y RTI C === q 5 �.` Lev lly,4u.Y. � LL Y I a_d._.iri�df� �Y R� CTaMi {�IfM.RiI F Y ♦1� OK t)K L t*O K Stay Alert - Stay Alivv y RANCHO CUCAMONGA Proposed Crossing Guard Policy • Annual Crossing Guard Study • City Engineer's Recommendations for Crossing Guard ...... Locations • Continued Use of a Crossing Guard Vendor04, • City to Fund 2 1- Hour Shifts Per Recommended Location • Authorize City Manager to Approve FY20/21 Locations • Encourag e Districts to Evaluate Non- Recommended Locations r • Districts to Fund Supplemental Crossing Guard Services � for Non-Traditional Schedules ADDITIONAL MATERIAL: 03/03/2021 CITY COUNCIL METING ITEM F2 RESOLUTION NO. 2021-013 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ESTABLISHING A POLICY ON THE PROVISION OF CROSSING GUARD SERVICES WHEREAS, pursuant to California Vehicle Code Sections 21100(i) and 21100.3, the City may provide for the appointment of non-student school crossing guards for the protection of persons who are crossing a street or highway in the vicinity of a school; and WHEREAS, pursuant to California Education Code Section 45450, School District governing boards may employ personnel necessary to act as guards at pedestrian crossings to ensure the safety of school children; and WHEREAS, Chapter 7D, "Crossing Supervision"of the California Manual on Uniform Traffic Control Devices sets forth guidance, warrants, policies, and procedures related to the provision of adult crossing guards on streets or highways; and WHEREAS, the City has provided and fully funded crossing guard services at school crossings based on the warrants established in Chapter 7D of the California Manual on Uniform Traffic Control Devices in the past by means of a qualified vendor; and WHEREAS, the schools citywide were closed beginning March 16, 2020 in response to the Coronavirus pandemic; and WHEREAS, the School Districts are currently planning to reopen schools and resume in-person education utilizing a hybrid model in March and April 2021; and WHEREAS, the City desires to partner with School Districts within the City to provide crossing guards where they meet defined minimum criteria for the benefit of students and residents. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, HEREBY RESOLVES, that A. It is in the best interest of the City to establish a policy on the provision and funding of crossing guard services; and B. The City Engineer shall annually initiate a crossing guard study to evaluate school crossings, including those served by crossing guards and locations identified through School District and City discussions. Said study parameters shall be established by the City Engineer utilizing his or her professional judgment and the hourly warrant thresholds established in Chapter 7D, "Crossing Supervision" of the California Manual on Uniform Traffic Control Devices, Latest Edition, or similar publication of the State of California; and C. Based on the most recent crossing guard study, the City Engineer shall make a recommendation to the City Council on locations to provide crossing guard services in the upcoming fiscal year as part of the budget adoption process; and D. The City utilizes a crossing guard vendor qualified to provide crossing guard services pursuant to California Vehicle Code Section 21100(e) and Chapter 7D, "Crossing Supervision" of the California Manual on Uniform Traffic Control Devices; and Resolution No. 2021-013— Page 1 of 2 E. The City funds two shifts—consisting of coverage for a 1-hour morning drop-off and 1-hour afternoon pick-up period—of crossing guard services for each location recommended for crossing guard services by the City Engineer; and F. For the remainder of fiscal year 2020-2021, in order to meet the expedited reopening process, the City Council delegates to the City Manager the ability to approve the City Engineer recommended locations for crossing guard services, with a copy forwarded to the City Council for their information after approval: and G. The City encourages School Districts to evaluate school crossing locations that are not recommended for provision of crossing guard services by the City Engineer to determine if such services should be provided by the School District under the authority of California Education Code Section 45450; and H. If a School District requests crossing guard shifts for non-traditional school schedules, including hybrid in-person education, beyond those identified in Paragraph E above, then the supplemental crossing guard shifts shall be funded either directly by the affected School District, or through a cost sharing agreement with between the City and affected School District, wherein the School District shall reimburse the City for costs above and beyond those provided for in Paragraph E. PASSED, APPROVED, AND ADOPTED this 3rd day of March 2021. Resolution No. 2021-013— Page 2 of 2 CITY OF RANCHO CUCAMONGA $l DATE: March 3, 2021 TO: Mayor and Members of the City Council FROM: John R. Gillison, City Manager INITIATED BY: Anne McIntosh, AICP, Planning Director David F. Eoff IV, Senior Planner SUBJECT: DRC2020-00482 — DR Horton - A Request for a Design Review Modification to the Day Creek Square Development Located at the Southwest Corner of Day Creek Boulevard and Base Line Road by Modifying the Current Conditions of Approval Associated with the Project Applications with the Removal of Condition #13 that Places Restrictions on the Residential Occupancy of the Day Creek Square Residential Community. (RESOLUTION NO. 2021-012) (CITY) RECOMMENDATION: Staff recommends the City Council adopt Resolution (2021-012) approving design review modification with the removal of Condition #13 that places restrictions on the residential occupancy of the Day Creek Square residential community. BACKGROUND: In 2017, DR Horton was granted approval by the City Council to subdivide 28.4 acres of land at the southwest corner of Day Creek Boulevard and Base Line Road for the construction of a mixed use project consisting of 380 residential units, a 71-room hotel, and two commercial building pads totaling 12,000 square feet. The project was initiated through a preliminary review application and pre-application review workshop in 2015. The formal application and entitlement process included the following approvals: • Tentative Parcel Map SUBTPM 19762 • Tentative Tract Map SUBTT 20032 • Conditional Use Permit DRC2016-00449 • Design Review Application DRC2016-00450 • Uniform Sign Program DRC2016-00451 • Victoria Community Plan Amendment DRC2016-00452 • Minor Exception DRC2016-00508 The project is progressing forward towards completion. The commercial pad buildings are entitled, permitted, and nearly complete. The residential area is on-going and working through each phase and is expected to be complete with construction with all units ready for occupancy by late 2021, early 2022. The hotel, which is the final piece of the overall project, has received approval of their construction plans from Building and Safety, Planning, and Engineering, and is ready for permit issuance. However, the hotel has not obtained permits nor begun construction, and the anticipated construction start date for the hotel is unknown at this time. Page 166 ANALYSIS: During the entitlement process, the project was envisioned to be compatible with surrounding developments, such as the Stater Brothers neighborhood center that was also being planned at the time, the existing commercial center to the west, and Victoria Gardens. The project site is located at one of the City's prominent intersections and at the time was one the few remaining vacant parcels in the City that was 30 acres or larger. With its proximity to other services and its prominent location, the site was seen as a great opportunity for substantial land use planning and potential economic synergy. The overall project approval included various conditions of approval that provided additional requirements and regulations for the project to meet and maintain. Some conditions were typical conditions that are applied to all projects of this type, while others were special conditions that were specific to the completion and expectations of the project. One of the special conditions, Condition #13 listed under SUBTPM19762, reads "No more than 65% of the permits for the residential units (247) shall be issued unless building permits for the hotel and two restaurant buildings have been issued. Occupancy for the residential units shall be limited to 90% (342 units) until occupancy has been approved for the hotel and the two restaurant buildings...". Condition #13 was placed on the project as a way to ensure all phases were completed and the overall project was finalized in a manner that met the expectations of the City and City Council. The commercial uses and residential uses are progressing on schedule and as anticipated. However, due to the unfortunate circumstances of the pandemic and the impact it's having on the hotel/hospitality industry has caused an inability for the hotel owner to secure funding and proceed with construction. The delay with the hotel and special condition #13 has put DR Horton in a unique position that is out of their control. The residential construction is progressing as planned with 230 residents throughout the community. To date, over 50 additional homes, not yet completed, have been sold or will be ready for occupancy within the next few months. According to DR Horton, a modest projection of ongoing sales and construction will put them at the threshold of 342 homes ready for occupancy by the end of June this year. The hotel likely has a 10 to 14-month construction timeframe. If construction commenced this month, the hotel would not be complete and ready for occupancy until December 2021/January 2022 at the earliest, several months after DR Horton anticipates being ready to close their 342nd home. DR Horton does not have control over the hotel portion or their anticipated schedule. Additionally, the hotel owner does not have control over the restrictions or progress towards financial institutions willingness to provide investment/lending opportunities for the hotel industry. The City has discussed the status of the hotel project with the owner on several occasions and believes the owner remains eager to move forward with the project. According to the hotel owner, there have been several attempts to work with different financial lending companies, and each request ended with the same negative result. The hotel owner intends to continue pursuing funding and hopes to move forward with the project as soon as possible. Based on this information, staff believes DR Horton is in a difficult position that is out of their control and will ultimately lead to the residential progress slowing down and/or stopping completely. The applicant is requesting this condition be stricken in its entirety. The existing conditions of approval will remain in place and applicable to the project, and no additional changes to the project are included with this request. The overall development approval, planning areas/phases, number of residential units, etc. will remain as is. Page 2 Page 167 FISCAL IMPACT: A fiscal impact analysis was prepared as part of the original project application in 2016 under the assumption that the hotel would be constructed and generate transient occupancy tax and the commercial spaces would be occupied by sales-tax generating uses. The hotel and commercial space would collectively help offset the recurring service impacts to the General Fund, minimizing any negative fiscal impacts. However, with the delay in the hotel, the delay with the opening of the Broken Yolk restaurant, and the non-sales-tax generating dental office and financial lender occupying the remaining commercial space, the City is likely to see a negative fiscal impact and loss in revenue for the first several years until the hotel is able to open and operate. Although the delays and current land uses may contribute to a negative fiscal impact on the project, it remains out of DR Horton's control. The circumstance, primarily a result of the ongoing pandemic,was not anticipated by the City, DR Horton, or the hotel owner, and such circumstances should not be used to penalize DR Horton and prevent them from completing their portion of Day Creek Square. COUNCIL MISSION /VISION / GOAL(S) ADDRESSED: Although a specific City Council goal does not directly apply to this application, the proposed Day Creek Square project will continue to move forward as originally planned and will meet many of the City Council's Core Values. The project will maintain continuous improvement, work towards building and preserving a family-oriented atmosphere, provide and nurture a high quality of life for all, and promote and enhance a safe and healthy community for all. The removal of the condition will allow the residential portion to progress on schedule and will bring the overall project closer to completion. ATTACHMENTS: Attachment 1 — Resolution No. 2021-012 Attachment 2 — Revised Conditions of Approval Page 3 Page 168 RESOLUTION NO. 21-XX A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING DESIGN REVIEW MODIFICATION DRC2020-00482, MODIFYING SUBTPM 19762, SUBTTM 20032, DRC2016-00449, DRC2016-00450, DRC2016-00451, DRC2016-00452, DRC2016-00508 BY MODIFYING THE CURRENT CONDITIONS OF APPROVAL WITH THE REMOVAL OF CONDITION #13 THAT PLACES RESTRICTIONS ON THE RESIDENTIAL OCCUPANCY OF THE COMMUNITY. THE PROJECT SITE IS LOCATED AT THE SOUTHWEST CORNER OF DAY CREEK BOULEVARD AND BASE LINE ROAD —APN: 1090-695-90. A. Recitals. WHEREAS, In 2017 the City Council approved a mixed use project at the southwest corner of Base Line Road and Day Creek Boulevard and adopted Mitigated Negative Declaration, subject to conditions of approval, allowing the development of 380 residential units, two commercial buildings totaling 12,000 square feet, and a 71-room hotel, commonly referred to as Day Creek Square; and WHEREAS, DR Horton has filed an application requesting the approval of Design Review modification DRC2020-00482 as described in the title of this Resolution, specifically requesting the modification of the conditions of approval associated with the original project entitlement by removing Condition #13 in its entirety. Hereinafter in this Resolution, the subject Design Review request is referred to as "the application."; and WHEREAS, On January 27, 2021, the Planning Commission of the City of Rancho Cucamonga conducted a duly noticed public hearing on the application and concluded said hearing on that date and recommended approval of the application to the City Council for their consideration; and WHEREAS, On March 3, 2021, the City Council of the City of Rancho Cucamonga reviewed the information provided at a regular scheduled City Council Meeting; and WHEREAS, All legal prerequisites prior to the adoption of this Resolution have occurred. B. Resolution. NOW, THEREFORE, the Rancho Cucamonga City Council does hereby find, determine, conclude, and resolve as follows: 1. This City Council hereby specifically finds that all of the facts set forth in the Recitals, Part A, of this Resolution are true and correct. 2. Based upon the substantial evidence presented to the City Council during the above- referenced public hearing on March 3, 2021, including written and oral staff reports, together with public testimony, this City Council hereby specifically finds as follows: Page 169 a. The application applies to the property located at the southwest corner of Day Creek Boulevard and Base Line Road at APN 1090-695-90 with an area of roughly 30 acres and is currently approved for a mixed-use development consisting of 380 residential units, two commercial buildings totaling 12,000 square feet, and 71-room hotel. The site is bound by commercial shopping center to the north and east, and residential uses to the west and south; and b. The site has a General Plan land use designation of Mixed Use; and C. The application is a request to modify the existing conditions of approval applicable to current development project as described above by removing Condition #13 that restricts the number of residential occupancies until occupancy on the hotel and commercial pads are granted; and d. The proposed removal of Condition #13 will not impact or alter the overall development, and will only allow the residential area of the project to maintain progress towards completion of construction and occupancy of units; and e. All other existing conditions of approval will remain effective and applicable to the project; and 3. Based upon the substantial evidence presented to this City Council during the above- referenced public hearing and upon the specific findings of facts set forth in paragraphs 1 and 2 above, this City Council hereby finds and concludes as follows: a. The proposed project is consistent with the General Plan. The General Plan land use designation for the project is Mixed Use, which provides for a wide range of residential and non-residential uses. The project was originally approved in 2017 and such approval will remain consistent with the General Plan even with the removal of Condition #13; and b. The proposed use is in accord with objective of the Development Code, and the purposes of the district in which the site is located. The previously approved project will not be altered and modified and will remain in accord with the mixed-use designation of the Development Code even with the removal of Condition #13; and C. The proposed use is in compliance with each of the applicable provisions of the Development Code. The project meets all applicable development standards as required from the previous approval and will continue to meet such standards with the removal of Condition #13; and d. The proposed use, together with the conditions applicable thereto, will not be detrimental to the public health, safety, and welfare, or materially injurious to properties or improvements in the vicinity. The proposed use is a compatible and complimentary to the existing surrounding developments where it is located, as it meets the intent and purpose of the General Plan Designation and Zoning District for the project site. All existing conditions of approval will remain effective and applicable to the project, with the exception of Condition#13 which has been stricken; and 4. Pursuant to the California Environment Quality Act (CEQA), a Mitigated Negative Declaration was adopted and approved in 2017 as part of the original project approval and was determined that the project would not have any significant impacts on the environment. The request to modify a condition of approval will not result in any significant impacts or additional Page 170 impacts that weren't previously addressed by the Mitigated Negative Declaration. Therefore, no further environmental review is required. 5. Based upon the findings and conclusions set forth in paragraphs 1, 2, 3, and 4 above, this City Council hereby approves the application subject to each and every condition set forth in the Conditions of Approval, attached hereto and incorporated herein by this reference. 6. The City Clerk shall certify to the adoption of this Resolution. PASSED, APPROVED, AND ADOPTED THIS 3RD DAY OF MARCH 2O21 Page 171 Conditions of Approval RANCHO CUCAMONGA Community Development Department Project#: SUBTPM19762 CEQA2016-00012 Project Name: Day Creek Villages Location: 12215 BASE LINE RD - 109033105-0000 Project Type: Tentative Parcel Map CEQA Review ALL OF THE FOLLOWING CONDITIONS APPLY TO YOUR PROJECT: Planning Department Please be advised of the following Special Conditions 1. CCR's shall be submitted and reviewed prior to Building Permit issuance. In addition to the CCR's, a parking management plan shall be included with the CCR's that shall include provisions for managing, inspecting and enforcement procedures to ensure that all garages are kept free and clear to provide adequate area to store 2 cars. 2. Plans submitted for plan check shall incorporate all conditions of approval from the Design Review Committee. 3. Final design of all architectural details, including, but not limited to, rafter tails, recesses, braces, awnings, recessed niches and similar architectural features, shall be subject to City Planner review and approval during plan check. Architectural elements shown on the entitlement plans that convey wood elements shall either be real wood, foam, cementitious material or equivalent that reflects an authentic wood appearance; the use of metal for wood elements, including, but not limited to, braces, columns, beams, posts, headers, trellis elements or similar features is not permitted. 4. During grading activity, all construction equipment (= 150 horsepower) shall be California Air Resources Board (CARB) Tier 3 Certified or better. 5. Construct a minimum 6-foot high noise barrier for the outdoor living areas (first floor patios) of multi-family residential condos/townhomes, and hotel rooms with first floor patios, adjacent to Day Creek Boulevard and Base Line Road. 6. Construct a minimum 6-foot high noise barrier for the outdoor living areas (backyards) of the single-family residential homes adjacent to Day Creek Boulevard. Printed:1/21/2021 g www.CityofRC.us Page 172 Project#: SUBTPM19762 CEQA2016-00012 Project Name: Day Creek Villages Location: 12215 BASE LINE RD - 109033105-0000 Project Type: Tentative Parcel Map CEQA Review ALL OF THE FOLLOWING CONDITIONS APPLY TO YOUR PROJECT: Planning Department Please be advised of the following Special Conditions 7. Interior Noise Mitigation: Windows: All windows and sliding glass doors shall be well fitted, well weather-stripped assemblies and shall have the following minimum sound transmission class (STC) ratings: Upgraded first, second, and third floor windows with a minimum STC rating of 30 are required for residential (single- and multi-family), hotel, and commercial buildings adjacent to Day Creek Boulevard and Base Line Road. All other buildings require standard windows with a minimum STC rating of 27. Doors: All exterior doors shall be well weather-stripped solid core assemblies at least one and three-fourths-inch thick. Walls: At any penetrations of exterior walls by pipes, ducts, or conduits, the space between the wall and pipes, ducts, or conduits shall be caulked or filled with mortar to form an airtight seal. Roof: Roof sheathing of wood construction shall be well fitted or caulked plywood of at least one half inch thick. Ceilings shall be well fitted, fully sealed gypsum board of at least one-half inch thick. Insulation with at least a rating of R-19 shall be used in the attic space. Attic: Attic vents should be oriented away from Day Creek Boulevard and Base Line Road. If such an orientation cannot be avoided, then an acoustical baffle shall be placed in the attic space behind the vents. Ventilation: Arrangements for any habitable room shall be such that any exterior door or window can be kept closed when the room is in use and still receive circulated air. A forced air circulation system (e.g. air conditioning) or active ventilation system (e.g. fresh air supply) shall be provided which satisfies the requirements of the Uniform Building Code. 8. Prior to approval of grading plans and/or issuance of building permits, plans shall include a note indicating that noise-generating project construction activities shall only occur between the hours of 7:00 a.m. to 8:00 p.m. on weekdays, including on Saturdays, with no activity allowed on Sundays and holidays. www.CityofRC.us Page 173 Printed:1/21/2021 g Page 2 of 25 Project#: SUBTPM19762 CEQA2016-00012 Project Name: Day Creek Villages Location: 12215 BASE LINE RD - 109033105-0000 Project Type: Tentative Parcel Map CEQA Review ALL OF THE FOLLOWING CONDITIONS APPLY TO YOUR PROJECT: Planning Department Please be advised of the following Special Conditions 9. Install minimum 12-foot high temporary construction noise barriers at the southern Project site boundary, as shown on Exhibit 11-A of the Noise Impact Analysis for the duration of construction activities at the project site. The noise control barriers must present a solid face from top to bottom. The noise control barrier must meet the minimum heights shown on Exhibit 11-A. • The barrier shall provide a weight of at least 4 pounds per square foot of face area with no decorative cutouts or line-of-sight openings between shielded areas and the noise source. The noise barrier shall be constructed using one of the following materials: o An acoustical blanket (e.g. vinyl acoustic curtains or quilted blankets) attached to the construction site perimeter fence or equivalent temporary fence posts; o Masonry block; o Stucco veneer over wood framing (or foam core), or 1-inch thick tongue and groove wood of sufficient weight per square foot; o Glass (1/4 inch thick), or other transparent material with sufficient weight per square foot; o Earthen berm; o Any combination of these construction materials satisfying a weight of at least 4 pounds per square foot of face area. • The noise barriers must be maintained and any damage promptly repaired. Gaps, holes, or weaknesses in the barrier or openings between the barrier and the ground shall be promptly repaired. • The noise control barriers and associated elements shall be completely removed and the site appropriately restored upon the conclusion of the construction activity. • During all Project site construction, the construction contractors shall equip all construction equipment, fixed or mobile, with properly operating and maintained mufflers, consistent with manufacturers' standards. The construction contractor shall place all stationary construction equipment so that emitted noise is directed away from the noise sensitive receptors nearest the project site. • The construction contractor shall locate equipment staging in areas that will create the greatest distance between construction-related noise sources and noise-sensitive receivers nearest the project site (i.e., to the center) during all Project construction. • The construction contractor shall limit haul truck deliveries to the same hours specified for construction equipment (between the hours of 7:00 a.m. to 8:00 p.m. on weekdays, including on Saturdays, with no activity allowed on Sundays and holidays). • The construction contractor shall limit haul truck deliveries to the same hours specified for construction equipment (between the hours of 7:00 a.m. to 8:00 p.m. on weekdays, including on Saturdays, with no activity allowed on Sundays and holidays). The contractor shall prepare a haul route exhibit and shall design delivery routes to minimize the exposure of sensitive land uses or residential dwellings to delivery truck-related noise. 10. The developer shall pay the current residential school facility fee plus the Etiwanda School District special tax. www.CityofRC.us Page 174 Printed:1/21/2021 g Page 3 of 25 Project#: SUBTPM19762 CEQA2016-00012 Project Name: Day Creek Villages Location: 12215 BASE LINE RD - 109033105-0000 Project Type: Tentative Parcel Map CEQA Review ALL OF THE FOLLOWING CONDITIONS APPLY TO YOUR PROJECT: Planning Department Please be advised of the following Special Conditions 11. Transportation and Traffic: Project to restripe rightmost northbound through lane as a shared through-right turn lane and adjust signal timing splits at Day Creek Boulevard and Foothill Boulevard. Project to contribute fair share towards improvements at East Avenue and Base Line Road as part of the 1-15 Freeway / Base Line Road Interchange Project. Payment will be collected through Development Impact Fees. 12. Tribal Cultural Resources: In the event that human remains or funerary objects are encountered during any activities associated with the project, work in the immediate vicinity (within a 100-foot buffer of the find) shall cease and the County Coroner shall be contacted pursuant to State Health and Safety Code §7050.5 and that code enforced for the duration of the project. In the event that Native American cultural resources are discovered during project activities, all work in the immediate vicinity of the find (within a 60-foot buffer) shall cease and a qualified archaeologist meeting Secretary of Interior standards shall be hired to assess the find. Work on the other portions of the project outside of the buffered area may continue during this assessment period. The archaeologist shall contact Tribal communities for input regarding the preservation, retention and final disposition of any discovered cultural resources. The archaeologist shall prepare a mitigation plan and technical resources management report, which shall document the inventory, evaluation, and proposed mitigation of resources within the project area. In the event that significant Native American historical resources, as defined by CEQA (as amended, 2015), are discovered and avoidance cannot be ensured, an SOI-qualified archaeologist shall be retained to develop a cultural resources Treatment Plan, as well as a Discovery and Monitoring Plan. 13. 14. Security cameras shall be installed in the linear park along the south edge. Final design of the cameras, location and placement shall be subject to the review and approval by the Planning Department and the San Bernardino County Sheriff. The cameras shall be designed to connect to the Public Video Safety Network. www.CityofRC.us Page 175 Printed:1/21/2021 g Page 4 of 25 Project#: SUBTPM19762 CEQA2016-00012 Project Name: Day Creek Villages Location: 12215 BASE LINE RD - 109033105-0000 Project Type: Tentative Parcel Map CEQA Review ALL OF THE FOLLOWING CONDITIONS APPLY TO YOUR PROJECT: Planning Department Please be advised of the following Special Conditions 15. Prior to final map recordation, the developer shall make a good faith effort to secure easement rights at the western boundary of the project site from the property owner for pedestrian access from the project through the utility corridor to the San Bernardino County Flood Control Access Road/Regional Trail. If access rights are secured, the developer shall install a pedestrian access gate subject to City Planner review and approval. 16. Prior to final map recordation, the parking agreement exhibit and language governing the use of parking stalls on the commercial parcels by the residential units under certain specified conditions shall be reviewed by the Planning and Engineering Department. Standard Conditions of Approval 17. As conditioned by the Design Review Committee, Villages A and D dwellings shall have the front, side and rear elevations upgraded with architectural treatment, detailing and increased delineation of surface treatment subject to Planning Director review and approval prior to issuance of Building Permits. 18. Standard patio cover plans for use by the Homeowner's Association shall be submitted for Planning Director and Building and Safety Official review and approval prior to issuance of Building Permits. 19. For the hotel and restaurant buildings, paint roll-up doors and service doors to match main building colors. 20. All roof appurtenances, including air conditioners and other roof mounted equipment and/or projections shall be screened from all sides and the sound shall be buffered from adjacent properties and streets as required by the Planning Department. Such screening shall be architecturally integrated with the building design and constructed to the satisfaction of the Planning Director. Any roof-mounted mechanical equipment and/or ductwork, that projects vertically more than 18 inches above the roof or roof parapet, shall be screened by an architecturally designed enclosure which exhibits a permanent nature with the building design and is detailed consistent with the building. Any roof-mounted mechanical equipment and/or ductwork, that projects vertically less than 18 inches above the roof or roof parapet shall be painted consistent with the color scheme of the building. Details shall be included in building plans. 21. The applicant shall agree to defend at his sole expense any action brought against the City, its agents, officers, or employees, because of the issuance of such approval, or in the alternative, to relinquish such approval. The applicant shall reimburse the City, its agents, officers, or employees, for any Court costs and attorney's fees which the City, its agents, officers, or employees may be required by a court to pay as a result of such action. The City may, at its sole discretion, participate at its own expense in the defense of any such action but such participation shall not relieve applicant of his obligations under this condition. 22. Approval of Design Review DRC2016-00450, Conditional Use Permit DRC2016-00449, Minor Exception DRC2016-00508, Uniform Sign Program DRC2016-00451,Tentative Tract SUBTT20032 and SUBTPM19762 is granted subject to the approval of Victoria Community Plan Amendment DRC2016-00452. www.CityofRC.us Page 176 Printed:1/21/2021 g Page 5 of 25 Project#: SUBTPM19762 CEQA2016-00012 Project Name: Day Creek Villages Location: 12215 BASE LINE RD - 109033105-0000 Project Type: Tentative Parcel Map CEQA Review ALL OF THE FOLLOWING CONDITIONS APPLY TO YOUR PROJECT: Planning Department Standard Conditions of Approval 23. Copies of the signed Planning Commission Resolution of Approval or Approval Letter, Conditions of Approval, and all environmental mitigations shall be included on the plans (full size). The sheet(s) are for information only to all parties involved in the construction/grading activities and are not required to be wet sealed/stamped by a licensed Engineer/Architect. 24. The applicant shall be required to pay California Department of Fish and Wildlife Notice of Exemption and Mitigated Negative Declaration fee in the amount of $2,266.25. All checks are to be made payable to the Clerk of the Board Supervisors and submitted to the Planning Commission Secretary prior to public hearing. 25. Approval for Design Review, Conditional Use Permit, Minor Exception and Uniform Sign Program shall expire if Building Permits are not issued or approved use has not commenced within 5 years from the date of approval or a time extension has been granted. Approval for Tentative Maps shall expire within 3 years unless the Final map has been filed with the Engineering Services Department is filed or a time extension has been approved. 26. For multi-family residential and non-residential development, property owners are responsible for the continual maintenance of all landscaped areas on-site, as well as contiguous planted areas within the public right-of-way. All landscaped areas shall be kept free from weeds and debris and maintained in healthy and thriving condition, and shall receive regular pruning, fertilizing, mowing, and trimming. Any damaged, dead, diseased, or decaying plant material shall be replaced within 30 days from the date of damage. 27. A detailed landscape and irrigation plan, including slope planting and model home landscaping in the case of residential development, shall be prepared by a licensed landscape architect and submitted for Planning Director review and approval prior to the issuance of Building Permits for the development or prior final map approval in the case of a custom lot subdivision. For development occurring in the Very High Fire Hazard Severity Zone, the landscape plans will also be reviewed by Fire Construction Services. 28. Landscaping and irrigation systems required to be installed within the public right-of-way on the perimeter of this project area shall be continuously maintained by the developer. 29. A minimum of 20 percent of trees planted within industrial projects, and a minimum of 30 percent within commercial and office projects, shall be specimen size trees - 24-inch box or larger. 30. A minimum of trees per gross acre, comprised of the following sizes, shall be provided within the project: percent - 48-inch box or larger percent - 36-inch box or larger, percent - 24- inch box or larger, percent - 15-gallon, and percent- 5 gallon. 31. Within parking lots, trees shall be planted at a rate of one 15-gallon tree for every three parking stalls. 32. The final design of the perimeter parkways, walls, landscaping, and sidewalks shall be included in the required landscape plans and shall be subject to Planning Director review and approval and coordinated for consistency with any parkway landscaping plan which may be required by the Engineering Services Department. www.CityofRC.us Page 177 Printed:1/21/2021 g Page 6 of 25 Project#: SUBTPM19762 CEQA2016-00012 Project Name: Day Creek Villages Location: 12215 BASE LINE RD - 109033105-0000 Project Type: Tentative Parcel Map CEQA Review ALL OF THE FOLLOWING CONDITIONS APPLY TO YOUR PROJECT: Planning Department Standard Conditions of Approval 33. Special landscape features such as mounding, alluvial rock, specimen size trees, meandering sidewalks (with horizontal change), and intensified landscaping, is required along Day Creek Boulevard. 34. All walls shall be provided with decorative treatment. If located in public maintenance areas, the design shall be coordinated with the Engineering Services Department. 35. Landscaping and irrigation shall be designed to conserve water through the principles of water efficient landscaping per Development Code Chapter 17.82. 36. The applicant shall contact the U.S. Postal Service to determine the appropriate type and location of mailboxes. Multi-family residential developments shall provide a solid overhead structure for mailboxes with adequate lighting. The final location of the mailboxes and the design of the overhead structure shall be subject to Planning Director review and approval prior to the issuance of Building Permits. 37. The Covenants, Conditions and Restrictions shall restrict the storage of recreational vehicles on this site unless they are the principal source of transportation for the owner and prohibit parking on interior circulation aisles other than in designated visitor parking areas. 38. All units shall be provided with garage door openers if driveways are less than 18 feet in depth from back of sidewalk. 39. All parking lot landscape islands shall have a minimum outside dimension of 6 feet. 40. All parking spaces shall be 9 feet wide by 18 feet long with a required 1-foot overhang (e.g., over a curb stop). 41. All parking spaces shall be double striped per City standards and all driveway aisles, entrances, and exits shall be striped per City standards. 42. Textured pedestrian pathways and textured pavement across circulation aisles shall be provided throughout the development to connect dwellings/units/buildings with open spaces/plazas/ recreational uses. 43. The lighting fixture design shall compliment the architectural program. It shall include the plaza area lighting fixtures, building lighting fixtures (exterior), and parking lot lighting fixtures. 44. All operations and businesses shall be conducted to comply with the following standards which shall be incorporated into the lease agreements for all tenants: a. Noise Level - All commercial activities shall not create any noise that would exceed an exterior noise level of 65 dB during the hours of 10 p.m. until 7 a.m. and 70 dB during the hours of 7 a.m. until 10 p.m. b. Loading and Unloading - No person shall cause the loading, unloading, opening, closing, or other handling of boxes, crates, containers, building materials, garbage cans, or other similar objects between the hours of 10 p.m. and 7 a.m. unless otherwise specified herein, in a manner which would cause a noise disturbance to a residential area. 45. The entire site shall be kept free from trash and debris at all times and in no event shall trash and debris remain for more than 24 hours. www.CityofRC.us Page 178 Printed:1/21/2021 g Page 7 of 25 Project#: SUBTPM19762 CEQA2016-00012 Project Name: Day Creek Villages Location: 12215 BASE LINE RD - 109033105-0000 Project Type: Tentative Parcel Map CEQA Review ALL OF THE FOLLOWING CONDITIONS APPLY TO YOUR PROJECT: Planning Department Standard Conditions of Approval 46. Access gates to the rear yards shall be constructed from a material more durable than wood gates. Acceptable materials include, but are not limited to, wrought iron and PVC. 47. Approval of this request shall not waive compliance with all sections of the Development Code, all other applicable City Ordinances, and applicable Community, Specific Plans and/or Master Plans in effect at the time of Building Permit issuance. 48. Construct block walls between homes (i.e., along interior side and rear property lines), rather than wood fencing for permanence, durability, and design consistency. 49. All building numbers and individual units shall be identified in a clear and concise manner, including proper illumination and in conformance with Building and Safety Services Department standards, the Municipal Code and the Rancho Cucamonga Fire Department (RCFD) Standards. 50. The Covenants, Conditions, and Restrictions (CC&Rs) and Articles of Incorporation of the Homeowners' Association are subject to the approval of the Planning and Engineering Services Department and the City Attorney. They shall be recorded concurrently with the Final Map or prior to the issuance of Building Permits, whichever occurs first. A recorded copy shall be provided to the City Engineer. The Homeowners' Association shall submit to the Planning Department a list of the name and address of their officers on or before January 1 of each and every year and whenever said information changes. 51. The developer shall submit a construction access plan and schedule for the development of all lots for Planning Director and Engineering Services Department approval; including, but not limited to, public notice requirements, special street posting, phone listing for community concerns, hours of construction activity, dust control measures, and security fencing. 52. The site shall be developed and maintained in accordance with the approved plans which include Site Plans, architectural elevations, exterior materials and colors, landscaping, sign program, and grading on file in the Planning Department, the conditions contained herein, the Development Code regulations and the Victoria Community Plan. 53. All ground-mounted utility appurtenances such as transformers, AC condensers, etc., shall be located out of public view and adequately screened through the use of a combination of concrete or masonry walls, berming, and/or landscaping to the satisfaction of the Planning Director. For single-family residential developments, transformers shall be placed in underground vaults. 54. All parkways, open areas, and landscaping shall be permanently maintained by the property owner, homeowners' association, or other means acceptable to the City. Proof of this landscape maintenance shall be submitted for Planning Director and Engineering Services Department review and approved prior to the issuance of Building Permits. 55. All site, grading, landscape, irrigation, and street improvement plans shall be coordinated for consistency prior to issuance of any permits (such as grading, tree removal, encroachment, building, etc.) or prior to final map approval in the case of a custom lot subdivision, or approved use has commenced, whichever comes first. 56. Revised Site Plans and building elevations incorporating all Conditions of Approval shall be submitted for Planning Director review and approval prior to the issuance of Building Permits. www.CityofRC.us Page 179 Printed:1/21/2021 g Page 8 of 25 Project#: SUBTPM19762 CEQA2016-00012 Project Name: Day Creek Villages Location: 12215 BASE LINE RD - 109033105-0000 Project Type: Tentative Parcel Map CEQA Review ALL OF THE FOLLOWING CONDITIONS APPLY TO YOUR PROJECT: Planning Department Standard Conditions of Approval 57. All clearing, grading, earth-moving, or excavation activities shall cease when winds exceed 25 mph per SCAQMD guidelines in order to limit fugitive dust emissions. 58. The contractor shall ensure that all disturbed unpaved roads and disturbed areas within the Project are watered at least three (3) times daily during dry weather. Watering, with complete coverage of disturbed areas, shall occur at least three times a day, preferably in the midmorning, afternoon, and after work is done for the day. 59. The contractor shall ensure that traffic speeds on unpaved roads and Project site areas are reduced to 15 miles per hour or less. 60. All construction equipment shall be maintained in good operating condition so as to reduce operational emissions. The contractor shall ensure that all construction equipment is being properly serviced and maintained as per manufacturers' specifications. Maintenance records shall be available at the construction site for City verification. 61. Prior to the issuance of any grading permits, the developer shall submit construction plans to the City denoting the proposed schedule and projected equipment use. Construction contractors shall provide evidence that low emission mobile construction equipment will be utilized, or that their use was investigated and found to be infeasible for the project. Contractors shall also conform to any construction measures imposed by the South Coast Air Quality Management District (SCAQMD) as well as City Planning Staff. 62. The construction contractor shall utilize electric or clean alternative fuel powered equipment where feasible. 63. The construction contractor shall ensure that construction-grading plans include a statement that work crews will shut off equipment when not in use. 64. All asphalt shall meet or exceed performance standards noted in SCAQMD Rule 1108. 65. All paints and coatings shall meet or exceed performance standards noted in SCAQMD Rule 1113. Paints and coatings shall be applied either by hand or high-volume, low-pressure spray. www.CityofRC.us Page 180 Printed:1/21/2021 g Page 9 of 25 Project#: SUBTPM19762 CEQA2016-00012 Project Name: Day Creek Villages Location: 12215 BASE LINE RD - 109033105-0000 Project Type: Tentative Parcel Map CEQA Review ALL OF THE FOLLOWING CONDITIONS APPLY TO YOUR PROJECT: Planning Department Standard Conditions of Approval 66. All construction equipment shall comply with SCAQMD Rules 402 and 403. Additionally, contractors shall include the following provisions: • Reestablish ground cover on the construction site through seeding and watering. • Pave or apply gravel to any on-site haul roads. • Phase grading to prevent the susceptibility of large areas to erosion over extended periods of time. • Schedule activities to minimize the amounts of exposed excavated soil during and after the end of work periods. • Dispose of surplus excavated material in accordance with local ordinances and use sound engineering practices. • Sweep streets according to a schedule established by the City if silt is carried over to adjacent public thoroughfares or occurs as a result of hauling. Timing may vary depending upon the time of year of construction. • Suspend grading operations during high winds (i.e., wind speeds exceeding 25 mph) in accordance with Rule 403 requirements. • Maintain a minimum 24 inch freeboard ratio on soils haul trucks or cover payloads using tarps or other suitable means. 67. The site shall be treated with water or other soil-stabilizing agent (approved by SCAQMD and Regional Water Quality Control Board (RWQCB)) daily to reduce PM 10 emissions, in accordance with SCAQMD Rule 403. 68. Chemical soil-stabilizers (approved by SCAQMD and RWQCB) shall be applied to all inactive construction areas that remain inactive for 96 hours or more to reduce PM 10 emissions. 69. Provide adequate ingress and egress at all entrances to public facilities to minimize vehicle idling at curbsides. 70. Provide preferential parking to high occupancy vehicles and shuttle services. 71. Schedule truck deliveries and pickups during off-peak hours. 72. Improve thermal integrity of the buildings and reduce thermal load with automated time clocks or occupant sensors. 73. Landscape with native and/or drought-resistant species to reduce water consumption and to provide passive solar benefits. 74. Provide lighter color roofing and road materials and tree planting programs to comply with the AQMP Miscellaneous Sources MSC-01 measure. 75. Comply with the AQMP Miscellaneous Sources PRC-03, and Stationary Sources Operations Enhanced Inspection and Maintenance and ADV-MISC to reduce emissions of restaurant operations. 76. All industrial and commercial facilities shall post signs requiring that trucks shall not be left idling for prolonged periods (i.e., in excess of 10 minutes). 77. All industrial and commercial facilities shall designate preferential parking for vanpools. www.CityofRC.us Page 181 Printed:1/21/2021 g Page 10 of 25 Project#: SUBTPM19762 CEQA2016-00012 Project Name: Day Creek Villages Location: 12215 BASE LINE RD - 109033105-0000 Project Type: Tentative Parcel Map CEQA Review ALL OF THE FOLLOWING CONDITIONS APPLY TO YOUR PROJECT: Planning Department Standard Conditions of Approval 78. All industrial and commercial site tenants with 50 or more employees shall be required to post both bus and Metrolink schedules in conspicuous areas. 79. All industrial and commercial site tenants with 50 or more employees shall be required to configure their operating schedules around the Metrolink schedule to the extent reasonably feasible. 80. All residential and commercial structures shall be required to incorporate high-efficiency/low-polluting heating, air conditioning, appliances, and water heaters. 81. All residential and commercial structures shall be required to incorporate thermal pane windows and weather-stripping. 82. All new development in the City of Rancho Cucamonga shall comply with South Coast Air Quality Management District's Rule 445, Wood Burning Devices. Rule 445 was adopted in March 2008 to reduce emissions of PM2.5 and precludes the installation of indoor or outdoor wood burning devices (i.e. fireplaces/hearths) in new development on or after March 9, 2009. www.CityofRC.us Page 182 Printed:1/21/2021 g Page 11 of 25 Project#: SUBTPM19762 CEQA2016-00012 Project Name: Day Creek Villages Location: 12215 BASE LINE RD - 109033105-0000 Project Type: Tentative Parcel Map CEQA Review ALL OF THE FOLLOWING CONDITIONS APPLY TO YOUR PROJECT: Planning Department Standard Conditions of Approval 83. Three days prior to the removal of vegetation or ground-disturbing activities, a breeding bird survey that is in conformance with the Migratory Bird Treaty Act shall be required to determine whether nesting is occurring. Occupied nests shall not be disturbed unless a qualified biologist verifies through non-invasive methods that either (a) the adult birds have not begun egg-laying or incubation; or (b) the juveniles from the occupied nests are foraging independently and are capable of independent survival. If the biologist is unable to verify one of the above conditions, then no disturbance shall occur within 300 feet of non-raptor nests, and within 500 feet of raptor nests, during the breeding season to avoid abandonment of young. If nests are discovered, they shall be avoided through the establishment of an appropriate buffer setback, as determined by a qualified wildlife biologist. The temporary "no construction" area shall be maintained until the nest has completed its cycle, as determined by a qualified wildlife biologist. Once the nest cycle is complete and all nestlings have fledged and have left the nest, construction in the area may resume. Perform a Burrowing Owl Survey that is in conformance with the Department of Fish and Wildlife Staff Report on Burrowing Owl Mitigation and submit the written report outlining the findings to the California Department of Fish and Wildlife (CDFW) and the Planning Department within 30 days of groundbreaking activity. The survey shall include a habitat assessment, survey and impact analysis. The Burrowing Owl Survey shall follow the following protocol: • Burrowing Owl Survey methodology shall be based on Appendix D (Breeding and Non-breeding Season Surveys and Reports) of the CDFW Staff Report. Results of the pre-construction survey shall be provided to CDFW and the City. If the pre-construction survey does not identify burrowing owls on the project site, then no further mitigation is required. If burrowing owls are found to be utilizing the project site during the pre-construction survey, measures shall be developed by the qualified biologist in coordination with CDFW to avoid Impacting occupied burrows during the nesting period. These measures shall be based on the most current CDFW protocols and will at minimum include establishment of buffer setbacks from occupied burrows and owl monitoring. If ground-disturbing activities are delayed or suspended for more than 30 days after the pre-construction survey, the site shall be resurveyed for owls. • During the non-breeding season from September 1 through January 31, if burrows are occupied by migratory or non-migratory resident burrowing owls during a pre-construction survey, burrow exclusion and/or closure may be used to exclude owls from those burrows. Burrow exclusion and/or closure should only be conducted by a qualified wildlife biologist in coordination with CDFW using the most current CDFW guidelines. • During the avian nesting season from February 1 through August 31, if nests are discovered, they shall be avoided through establishment of an appropriate buffer setback, as determined by a qualified wildlife biologist. The temporary "no construction" area would have to be maintained until the nest has completed its cycle, as determined by a qualified wildlife biologist. Once the nest cycle is complete and all nestlings have fledged and have left the nest, construction in the area may resume. www.CityofRC.us Page 183 Printed:1/21/2021 g Page 12 of 25 Project#: SUBTPM19762 CEQA2016-00012 Project Name: Day Creek Villages Location: 12215 BASE LINE RD - 109033105-0000 Project Type: Tentative Parcel Map CEQA Review ALL OF THE FOLLOWING CONDITIONS APPLY TO YOUR PROJECT: Planning Department Standard Conditions of Approval 84. If any prehistoric archaeological resources are encountered before or during grading, the developer will retain a qualified archaeologist to monitor construction activities, to take appropriate measures to protect or preserve them for study. With the assistance of the archaeologist, the City of Rancho Cucamonga will: • Enact interim measures to protect undesignated sites from demolition or significant modification without an opportunity for the City to establish its archaeological value. • Consider establishing provisions to require incorporation of archaeological sites within new developments, using their special qualities as a theme or focal point. • Pursue educating the public about the archaeological heritage of the area. • Prepare a mitigation plan consistent with Section 21083.2 Archaeological resources of CEQA to eliminate adverse project effects on significant, important, and unique prehistoric resources, including but not limited to, avoiding archaeological sites, capping or covering sites with soil, planning the site as a park or green space or paying an in-kind mitigation fee. • Prepare a technical resources management report, documenting the inventory, evaluation, and proposed mitigation of resources within the project area. Submit one copy of the completed report with original illustrations, to the San Bernardino County Archaeological Information Center for permanent archiving. 85. If any paleontological resource (i.e. plant or animal fossils) are encountered before or during grading, the developer will retain a qualified paleontologist to monitor construction activities, to take appropriate measures to protect or preserve them for study. The paleontologist shall submit a report of findings that will also provide specific recommendations regarding further mitigation measures (i.e., paleontological monitoring) that may be appropriate. Where mitigation monitoring is appropriate, the program must include, but not be limited to, the following measures: • Assign a paleontological monitor, trained and equipped to allow the rapid removal of fossils with minimal construction delay, to the site full-time during the interval of earth-disturbing activities. • Should fossils be found within an area being cleared or graded, divert earth- disturbing activities elsewhere until the monitor has completed salvage. If construction personnel make the discovery, the grading contractor should immediately divert construction and notify the monitor of the find. • Prepare, identify, and curate all recovered fossils for documentation in the summary report and transfer to an appropriate depository (i.e., San Bernardino County Museum). • Submit summary report to City of Rancho Cucamonga. Transfer collected specimens with a copy of the report to San Bernardino County Archaeological Information Center for permanent archiving. www.CityofRC.us Page 184 Printed:1/21/2021 g Page 13 of 25 Project#: SUBTPM19762 CEQA2016-00012 Project Name: Day Creek Villages Location: 12215 BASE LINE RD - 109033105-0000 Project Type: Tentative Parcel Map CEQA Review ALL OF THE FOLLOWING CONDITIONS APPLY TO YOUR PROJECT: Planning Department Standard Conditions of Approval 86. The site shall be treated with water or other soil-stabilizing agent (approved by SCAQMD and RWQCB) daily to reduce PM 10 emissions, in accordance with SCAQMD Rule 403 or re-planted with drought resistant landscaping as soon as possible. 87. Frontage public streets shall be swept according to a schedule established by the City to reduce PM10 emissions associated with vehicle tracking of soil off-site. Timing may vary depending upon the time of year of construction. 88. Grading operations shall be suspended when wind speeds exceed 25 mph to minimize PM10 emissions from the site during such episodes. 89. Chemical soil-stabilizers (approved by SCAQMD and RWQCB) shall be applied to all inactive construction areas that remain inactive for 96 hours or more to reduce PM10 emissions. 90. The project must comply with all rules that assist in reducing short- term air pollutant emission in compliance with SCAQMD Rule 403 regarding fugitive dust including treating the site with water or other soil-stabilizing agent twice daily or replanting disturbed areas as quickly as possible. 91. The construction contractor shall select construction equipment based on low-emission factors and high energy efficiency and submit a statement on the grading plan that ensures all construction equipment will be tuned and maintained in accordance with the manufactures' specification. 92. Trucks shall not idle continuously for more than 5 minutes. 93. Alternative fuel powered equipment shall be utilized in lieu of gasoline- or diesel-powered engines where feasible. 94. Construction should be timed so as not to interfere with peak-hour traffic. 95. Ridesharing and transit incentives shall be supported and encouraged for the construction crew. 96. Construction and Building materials shall be produced and/or manufactured locally. Use "Green Building Materials" such as materials that are resource efficient, recycled and manufactured in an environmentally friendly way including low-volatile-organic-compound (VOC) materials. 97. Design all buildings to exceed California Building Code Title 24 energy standard including but not limited to any combination of; • Increased insulation. • Limit air leakage through the structure. • Incorporate Energy Star or better rated windows, space heating and cooling equipment, light fixtures, and appliances. • Landscape and develop site utilizing shade, prevailing winds and landscaping. • Install efficient lighting and lighting control systems. • Install light colored "cool" roofs and cool pavements. • Install solar or light emitting diodes (LED's)for outdoor lighting. www.CityofRC.us Page 185 Printed:1/21/2021 g Page 14 of 25 Project#: SUBTPM19762 CEQA2016-00012 Project Name: Day Creek Villages Location: 12215 BASE LINE RD - 109033105-0000 Project Type: Tentative Parcel Map CEQA Review ALL OF THE FOLLOWING CONDITIONS APPLY TO YOUR PROJECT: Planning Department Standard Conditions of Approval 98. Prepare a comprehensive water conservation strategy appropriate for the project and include the following; • Install water efficient landscapes and irrigation systems and devices in compliance with the City of Rancho Cucamonga Water Efficient Landscape Ordinance. • Use reclaimed water for landscaping within the project if available and/or install the infrastructure to deliver and use reclaimed water. • Design building to be water efficient by installing water efficient fixtures and appliances including low flow faucets, dual flush toilets and waterless urinals/water heaters. • Design irrigation to control runoff and to remove water to non- vegetated surfaces. 99. Reuse and recycle construction and demolition waste. Provide interior and exterior storage areas for recyclables and green waste in public areas. Educate employees about reducing waste and about recycling. 100Prior to issuance of grading permits, the permit applicant shall submit to the Building Official for approval, a Storm Water Pollution Prevention Plan (SWPPP) specifically identifying Best Management Practices (BMPs) that shall be used on-site to reduce pollutants during construction activities entering the storm drain system to the maximum extent practical. 101An Erosion Control Plan shall be prepared, included in the Grading Plan, and implemented for the proposed project that identifies specific measures to control on-site and off-site erosion from the time ground disturbing activities are initiated through completion of grading. This Erosion Control Plan shall include the following measures at a minimum: a) Specify the timing of grading and construction to minimize soil exposure to rainy periods experienced in Southern California, and b) An inspection and maintenance program shall be included to ensure that any erosion which does occur either on-site or off-site as a result of this project will be corrected through a remediation or restoration program within a specified time frame. 102During construction, temporary berms such as sandbags or gravel dikes must be used to prevent discharge of debris or sediment from the site when there is rainfall or other runoff. 103During construction, to remove pollutants, street cleaning will be performed prior to storm events and after the use of water trucks to control dust in order to prevent discharge of debris or sediment from the site. 104Prior to issuance of grading or paving permits, the applicant shall obtain a Notice of Intent (NOI) to comply with obtaining coverage under the National Pollutant Discharge Elimination System (NPDES) General Construction Storm Water Permit from the State Water Resources Control Board. Evidence that this has been obtained (i.e., a copy of the Waste Discharger's Identification Number) shall be submitted to the City Building Official for coverage under the NPDES General Construction Permit. www.CityofRC.us Page 186 Printed:1/21/2021 g Page 15 of 25 Project#: SUBTPM19762 CEQA2016-00012 Project Name: Day Creek Villages Location: 12215 BASE LINE RD - 109033105-0000 Project Type: Tentative Parcel Map CEQA Review ALL OF THE FOLLOWING CONDITIONS APPLY TO YOUR PROJECT: Planning Department Standard Conditions of Approval 105Prior to issuance of building permits, the applicant shall submit to the City Building Official for approval of a Water Quality Management Plan (WQMP), including a project description and identifying Best Management Practices (BMPs) that will be used on-site to reduce pollutants into the storm drain system to the maximum extent practicable. The WQMP shall identify the structural and non-structural measures consistent with the Guidelines for New Development and Redevelopment adopted by the City of Rancho Cucamonga in June 2004. 106Landscaping plans shall include provisions for controlling and minimizing the use of fertilizers/pesticides/herbicides. Landscaped areas shall be monitored and maintained for at least two years to ensure adequate coverage and stable growth. Plans for these areas, including monitoring provisions for a minimum of two years, shall be submitted to the City for review and approval prior to the issuance of grading permits. 107The developer shall implement the BMPs identified in the Preliminary Water Quality Management Plan (Madole & Associates, February 2016) to reduce construction pollutants from entering the storm drain system to the maximum extent practical. 108Prior to the issuance of any grading plans a construction-related noise mitigation plan shall be submitted to the City for review and approval. The Plan shall depict the location of the construction equipment and how the noise from this equipment would be mitigated during construction. 10913usiness operations shall maintain a noise level at 60dB or less during the hours of 10 p.m. until 7 p.m. No loading and unloading activities including opening, closing, or other handling of boxes, crates, containers, building materials, garbage cans, or other similar objects between the hours of 10 p.m. and 7 p.m. in a manner which would cause a noise disturbance to residential areas. 110Construction or grading noise levels shall not exceed the standards specified in Development Code Section 17.66.050, as measured at the property line. Developers shall hire a consultant to perform weekly noise level monitoring as specified in Development Code Section 17.66.050. Monitoring at other times may be required by the Building Official. Said consultant shall report their findings to the Building Official within 24 hours; however, if noise levels exceed the above standards, then the consultant shall immediately notify the Building Official. If noise levels exceed the above standards, then construction activities shall be reduced in intensity to a level of compliance with above noise standards or halted. 111 The perimeter block wall shall be constructed as early as possible in the first phase. 112This tentative tract map or tentative parcel map shall expire, unless extended by the Planning Commission, unless a complete final map is filed with the Engineering Services Department within 3 years from the date of the approval. Engineering Services Department Please be advised of the following Special Conditions www.CityofRC.us Page 187 Printed:1/21/2021 g Page 16 of 25 Project#: SUBTPM19762 CEQA2016-00012 Project Name: Day Creek Villages Location: 12215 BASE LINE RD - 109033105-0000 Project Type: Tentative Parcel Map CEQA Review ALL OF THE FOLLOWING CONDITIONS APPLY TO YOUR PROJECT: Engineering Services Department Please be advised of the following Special Conditions 1. Base Line Road frontage improvements shall be in accordance with City "Major Divided Arterial" standards as required and including: a. Protect, provide or replace curb and gutter, sidewalk, ADA ramps, driveway approaches, 5300 Lumen LED street lights, and signing and striping including bike lanes as required. The street light shall be owned by the City. Developer shall be responsible to coordinate and pay all costs to provide SCE power on City owned street lights. Coordinate with City staff for design and installation requirements. b. Right-of-way dedications shall be made to follow the City's Major Divided Arterial standards. C. Driveways shall be in accordance with the City Driveway Policy including minimum distances from intersections and other driveways, including adjustments to corner cutoffs for driveways. d. Applicant shall coordinate with the developer to the north (PM 19637) and enter into an annual maintenance agreement between both developers and the City for the proposed traffic signal on Base Line Road near the west end of the project. e. Parkway landscaping shall conform to the Base Line Road Beautification Master Plan. 2. Day Creek Boulevard frontage improvements shall be in accordance with City "Major Divided Arterial" standards as required and including: a. Protect, provide, or replace curb and gutter, sidewalk, ADA ramps, driveway approaches, 5300 Lumen LED street lights, and signing and striping including bike lanes as required. The street light shall be owned by the City. Developer shall be responsible to coordinate and pay all costs to provide SCE power on City owned street lights. Coordinate with City staff for design and installation requirements. b. Right-of-way dedications shall be made to follow the City's Major Divided Arterial standards. C. Driveways shall be in accordance with the City Driveway Policy including minimum distances from intersections and other driveways, including adjustments to corner cutoffs for driveways. d. No median breaks on Day Creek Boulevard. e. Parkway landscaping shall conform to the Day Creek Boulevard Beautification Master Plan. f. Provide all necessary traffic signal modifications at Day Creek Boulevard and Madrigal Place. Modify traffic striping and replace existing traffic signing as applicable. Protect, relocate, or install traffic signal equipment as required. g. No accent paving within the public right-of-way. www.CityofRC.us Page 188 Printed:1/21/2021 g Page 17 of 25 Project#: SUBTPM19762 CEQA2016-00012 Project Name: Day Creek Villages Location: 12215 BASE LINE RD - 109033105-0000 Project Type: Tentative Parcel Map CEQA Review ALL OF THE FOLLOWING CONDITIONS APPLY TO YOUR PROJECT: Engineering Services Department Please be advised of the following Special Conditions 3. Developer will be required to install or pay one-half the cost of median landscaping on Base Line Road with developer-to-developer reimbursement agreements with PM 19637. 4. Reconstruct access ramp at the southwest corner of Base Line Road and Day Creek Boulevard to comply with current ADA requirements. A detail will have to be added to the street improvement plan showing the design details, elevations, and grades of the access ramp to substantiate they comply with current ADA requirements. 5. Development Impact Fees are assessed at the time of building permit issuance. Fees are subject to change. 6. Base Line Road and Day Creek Boulevard Parkway Landscaping shall be maintained by the Homeowners' Association and/or Property Owners Association. 7. Depending upon application and type of development, drive access may be drive aisles or private streets subject to different design criteria. 8. The proposed development is slated to be included in the City's Fiber Optic / Broadband service business plan that would provide a City owned Fiber-to-the-Home (FTTH) infrastructure. Proposed fiber optics on-site (conduits and fiber) will be placed underground within a duct and structure system to be installed by the Master Developer. The fiber and conduits along the backbone streets shall be installed in a joint trench by the developer as the last lane improvements are completed. In-tract fiber and conduit shall be installed by the developers in joint trench where possible. Maintenance of the installed system will be the responsibility of the City. Development of the project requires the installation by the developers of all fiber optic infrastructure necessary to service the Project as a stand-alone development. In addition, developer shall coordinate with RCMU which may provide for high-speed internet services. 9. The proposed signalized access on both Base Line Road and Day Creek Boulevard shall be constructed as street types with access ramps and corner cutoffs. 10. The property benefited from CFD 2001-01 improvements but chose not to participate in the CFD. Resolution No. 01-066 was adopted by both the City and the Redevelopment Agency to implement the fair share payment required. The developer is required to pay back the advance, plus interest, at the time of development based on the fee schedule. If payment is made between March 1 and August 30, the March 1 payment for that year is applied. If the payment is made between September 1 and the end of February, then the September payment for that year is applied. The current payoff is $2,544,410.05. The payoff must be paid prior to final map recordation or prior to any City permits being issued, whichever occurs first. 11. No retaining walls shall be allowed within the public right-of-way. Standard Conditions of Approval 12. Developer shall execute a Line Extension Agreement for electric service and construct electrical distribution facilities in accordance with such agreement and Rancho Cucamonga Municipal Utility (RCMU) requirements. Developer shall dedicate such facilities to RCMU. RCMU shall be the electrical service provider for all project related development. www.CityofRC.us Page 189 Printed:1/21/2021 g Page 18 of 25 Project#: SUBTPM19762 CEQA2016-00012 Project Name: Day Creek Villages Location: 12215 BASE LINE RD - 109033105-0000 Project Type: Tentative Parcel Map CEQA Review ALL OF THE FOLLOWING CONDITIONS APPLY TO YOUR PROJECT: Engineering Services Department Standard Conditions of Approval 13. Install fiber optic conduit, vaults, and manholes on Day Creek Boulevard per City Standard Drawings 135-137. Public improvement plans shall show the location and limits of the conduits, vaults and manholes with construction notes. 14. An in-lieu fee as contribution to the undergrounding of the existing overhead utilities (telecommunications and electrical) on the opposite side of Base Line Road shall be paid to the City prior to issuance of building permits or approval of the final map, whichever occurs first. The fee shall be for the length of the Base Line frontage, from the west project boundary to the centerline of Base Line Road and Day Creek Boulevard. The fee amount shall be determined by the reimbursement agreement with the Developer to the north side of Base Line Road. Should the agreement not be approved prior to permits, the fee amount shall be one-half the City adopted amount. 15. Corner property line cutoffs shall be dedicated per City Standards. 16. A signed consent and waiver form to join and/or form the appropriate Landscape (LIVID 2) and Lighting Districts (SLD 1 & SLD 3) shall be filed with the Engineering Services Department prior to final map approval or issuance of Building Permits whichever occurs first. Annexation costs shall be borne by the developer. 17. A non-refundable deposit shall be paid to the City, covering the estimated operating costs for all new streetlights for the first six months of operation, prior to final map approval. 18. Prior to the issuance of building permits, a Diversion Deposit and related administrative fees shall be paid for the Construction and Demolition Diversion Program. The deposit is fully refundable if at least 50% of all wastes generated during construction and demolition are diverted from landfills, and appropriate documentation is provided to the City. Permits issued on or after June 2, 2014, must complete the reimbursement process through the City's Accelerate online portal within 60 days following the completion of the construction and/or demolition project or the deposit will be forfeited. Permits issued before June 2, 2014, require the following when applying for a deposit reimbursement: a completed CD-2 form, a copy of the cashier's receipt showing the deposit amount, and all weight tickets. Instructions and forms are available at the City's web site, www.CityofRC.us, under City Hall; Engineering; Environmental Programs. 19. Easements for public sidewalks placed outside the public right-of-way shall be dedicated to the City. 20. Reciprocal access easements shall be provided ensuring access to all parcels by CC&Rs or by deeds and shall be recorded concurrently with the map. 21. Reciprocal parking agreements for all parcels and maintenance agreements ensuring joint maintenance of all common roads, drives, or parking areas shall be provided by CC & R's or deeds and shall be recorded prior to, or concurrent with, the final parcel map. 22. A final drainage study shall be submitted to and approved by the City Engineer prior to final map approval or the issuance of Building Permits, whichever occurs first. All drainage facilities shall be installed as required by the City Engineer. www.CityofRC.us Page 190 Printed:1/21/2021 g Page 19 of 25 Project#: SUBTPM19762 CEQA2016-00012 Project Name: Day Creek Villages Location: 12215 BASE LINE RD - 109033105-0000 Project Type: Tentative Parcel Map CEQA Review ALL OF THE FOLLOWING CONDITIONS APPLY TO YOUR PROJECT: Engineering Services Department Standard Conditions of Approval 23. If the required public improvements are not completed prior to approval of the final parcel map, an improvement security accompanied by an agreement executed by the Developer and the City will be required for: Base Line Road and Day Creek Boulevard. 24. Street trees, a minimum of 15-gallon size or larger, shall be installed per City Standards in accordance with the City's street tree program. 25. The developer shall be responsible for the relocation of existing utilities as necessary. 26. Provide separate utility services to each parcel including sanitary sewerage system, water, gas, electric power, telephone, and cable TV (all underground) in accordance with the Utility Standards. Easements shall be provided as required. 27. Approvals have not been secured from all utilities and other interested agencies involved. Approval of the final parcel map will be subject to any requirements that may be received from them. 28. Water and sewer plans shall be designed and constructed to meet the requirements of the Cucamonga Valley Water District (CVWD), Rancho Cucamonga Fire Protection District, and the Environmental Health Department of the County of San Bernardino. A letter of compliance from the CVWD is required prior to final map approval or issuance of permits, whichever occurs first. Such letter must have been issued by the water district within 90 days prior to final map approval in the case of subdivision or prior to the issuance of permits in the case of all other residential projects. Building and Safety Services Department Please be advised of the following Special Conditions 1. When the Entitlement Review is approved submit complete construction drawings including structural calculations, energy calculations and soils report to Building and Safety for plan review in accordance with the current edition of the CA Building and Fire Codes & Local Ordinances. The new structures are required to be equipped with automatic fire sprinklers as required by the CBC/CRC, NFPA 13, 13R, 13D and the Current RCFPD Ordinance. Disabled access for the site and building must be made to the in accordance to the State of CA and ADA regulations. Grading Section Standard Conditions of Approval 1. Grading of the subject property shall be in accordance with current adopted California Building Code and/or the California Residential Code, City Grading Standards, and accepted grading practices. The Grading and Drainage Plan(s) shall be in substantial conformance with the approved conceptual Grading and Drainage Plan. 2. A soils report shall be prepared by a qualified Engineer licensed by the State of California to perform such work. Two copies will be provided at grading and drainage plan submittal for review. Plans shall implement design recommendations per said report. 3. A geologic report shall be prepared by a qualified Engineer or Engineering Geologist and submitted at the time of application for Grading and Drainage Plan review. www.CityofRC.us Page 191 Printed:1/21/2021 g Page 20 of 25 Project#: SUBTPM19762 CEQA2016-00012 Project Name: Day Creek Villages Location: 12215 BASE LINE RD - 109033105-0000 Project Type: Tentative Parcel Map CEQA Review ALL OF THE FOLLOWING CONDITIONS APPLY TO YOUR PROJECT: Grading Section Standard Conditions of Approval 4. The final Grading and Drainage Plan, appropriate certifications and compaction reports shall be completed, submitted, and approved by the Building and Safety Official prior to the issuance of building permits. 5. A separate Grading and Drainage Plan check submittal is required for all new construction projects and for existing buildings where improvements being proposed will generate 50 cubic yards or more of combined cut and fill. The Grading and Drainage Plan shall be prepared, stamped, and wet signed by a California licensed Civil Engineer prior to the issuance of a grading or building permit. 6. The applicant shall comply with the City of Rancho Cucamonga Dust Control Measures and place a dust control sign on the project site prior to the issuance of a grading permit. All dust control sign(s) shall be located outside of the public right of way. 7. If a Rough Grading and Drainage Plan/Permit are submitted to the Building and Safety Official for review, the rough grading plan shall be a separate plan submittal and permit from Precise Grading and Drainage Plan/Permit. 8. Prior to the issuance of a grading permit the applicant shall obtain written permission from the adjacent property owner(s) to construct wall(s) on property line(s) or provide a detail(s) showing the perimeter wall(s) to be constructed offset from the property line. 9. Prior to issuance of a grading permit the Final Grading and Drainage Plan shall show the accessibility path from the public right of way and the accessibility parking stalls to the building doors in conformance with the current adopted California Building Code. All accessibility ramps shall show sufficient detail including gradients, elevations, and dimensions and comply with the current adopted California Building Code. 10. The Grading and Drainage Plan shall implement City Standards for on-site construction where possible, and shall provide details for all work not covered by City Standard Drawings. 11. Prior to issuance of a grading permit the grading plan shall show that all manufactured slopes shall be a minimum 2-foot offset from the public right of way, permitted line, or the adjacent private property. All slope offsets shall meet the requirements of the current adopted California Building Code. 12. Prior to the issuance of a grading plan for multi-family projects, the private streets and drive aisles within multi-family developments shall include street plans as part of the Grading and Drainage Plan set. The private street plan view shall show typical street sections. The private street profile view shall show the private street/drive aisle centerline. 13. Prior to issuance of a grading permit, the grading and drainage plan shall show the maximum parking stall gradient at 5 percent. Accessibility parking stall grades shall be constructed per the, current adopted California Building Code. 14. The applicant shall provide a grading agreement and grading bond for all cut and fill combined exceeding 5,000 cubic yards prior to issuance of a grading permit. The grading agreement and bond shall be approved by the Building and Safety Official. 15. The final grading and drainage plan shall show existing topography a minimum of 100-feet beyond project boundary. www.CityofRC.us Page 192 Printed:1/21/2021 g Page 21 of 25 Project#: SUBTPM19762 CEQA2016-00012 Project Name: Day Creek Villages Location: 12215 BASE LINE RD - 109033105-0000 Project Type: Tentative Parcel Map CEQA Review ALL OF THE FOLLOWING CONDITIONS APPLY TO YOUR PROJECT: Grading Section Standard Conditions of Approval 16. This project shall comply with the accessibility requirements of the current adopted California Building Code. 17. Prior to issuance of a grading permit the precise grading and drainage plan shall follow the format provided in the City of Rancho Cucamonga handout "Information for Grading Plans and Permit". 18. Grading Inspections: a) Prior to the start of grading operations the owner and grading contractor shall request a pre-grading meeting. The meeting shall be attended by the project owner/representative, the grading contractor and the Building Inspector to discuss about grading requirements and preventive measures, etc. If a pre-grading meeting is not held within 24 hours from the start of grading operations, the grading permit may be subject to suspension by the Building Inspector; b) The grading contractor shall call into the City of Rancho Cucamonga Building and Safety Department at least 1 working day in advance to request the following grading inspections prior to continuing grading operations: i) The bottom of the over-excavation; ii) Completion of Rough Grading, prior to issuance of the building permit; iii) At the completion of Rough Grading, the grading contractor or owner shall submit to the Permit Technicians (Building and Safety Front Counter) an original and a copy of the Pad Certifications to be prepared by and properly wet signed and sealed by the Civil Engineer and Soils Engineer of Record; iv) The rough grading certificates and the compaction reports will be reviewed by the Associate Engineer or a designated person and approved prior to the issuance of a building permit. 19. All roof drainage flowing to the public right of way (Daycreek Boulevard) must drain under the sidewalk through a parkway culvert approved by the Engineering Department. This shall be shown on both the grading and drainage plan and Engineering Services Department required plans. 20. Prior to issuance of a wall permit, on engineered combination garden/retaining walls along the property boundary the structural calculations for the wall shall assume a level toe/heel at the adjacent off-site property (i.e. a manufactured slope is not present). This shall be shown in the typical sections of the grading and drainage plan. 21. Prior to issuance of a wall permit, a copy of the Grading Special Conditions of Approval shall be included within the engineered wall plans and calculations. 22. Prior to issuance of a grading or building permit, the permitted grading plan (or architectural site plan) set shall show in each of the typical sections and the plan view show how the separations between the building exterior and exterior ground surface meet the requirements of Sections CBC1804.3/CRC R401.3, CBC2304.11.2.2/CRC R317.1(2) and CBC2512.1.2/CRC R703.6.2.1 of the current adopted California Building Code/Residential Code. 23. Prior to issuance of a grading permit, the applicant shall obtain a signed and notarized letter from the adjacent property owner(s) for ALL work proposed on the adjacent property. The letter shall be scanned and pasted onto the permitted grading plan set. The letter shall show on either the title sheet or a detail sheet of the grading and drainage plan set. 24. Prior to approval of the project-specific storm water quality management plan, the applicant shall submit to the Building Official, or his designee, a precise grading plan showing the location and elevations of existing topographical features, and showing the location and proposed elevations of proposed structures and drainage of the site. www.CityofRC.us Page 193 Printed:1/21/2021 g Page 22 of 25 Project#: SUBTPM19762 CEQA2016-00012 Project Name: Day Creek Villages Location: 12215 BASE LINE RD - 109033105-0000 Project Type: Tentative Parcel Map CEQA Review ALL OF THE FOLLOWING CONDITIONS APPLY TO YOUR PROJECT: Grading Section Standard Conditions of Approval 25. A drainage study showing a 100-year, AMC 3 design storm event for on-site drainage shall be prepared and submitted to the Building and Safety Official for review and approval for on-site storm water drainage prior to issuance of a grading permit. The report shall contain water surface profile gradient calculations for all storm drain pipes 12-inches and larger in diameter. All reports shall be wet signed and sealed by the Engineer of Record. In addition, the project specific drainage study shall provide inlet calculations showing the proper sizing of the water quality management plan storm water flows into the proposed structural storm water treatment devices. 26. Flow lines steeper than 6 percent could be erosive. The applicant shall provide hard lined gutters and swales where concentrated flows exceed 3fps, and anywhere that flow lines exceed 10 percent. This shall be shown on the grading and drainage plan prior to issuance of a grading permit. 27. Private sewer, water, and storm drain improvements will be designed per the latest adopted California Plumbing Code. Private storm drain improvements shall be shown on the grading and drainage plan. 28. Prior to the issuance of the Certificate of Occupancy or final sign off by the Building Inspector the engineer of record shall certify the functionality of the storm water quality management plan (WQMP) storm water treatment devices and best management practices (BMP). 29. Prior to approval of the Water Quality Management Plan (WQMP), the WQMP shall include a copy of the project Conditions of Approval. 30. Reciprocal access easements for all parcels and maintenance agreements ensuring joint maintenance of all storm water quality structural/treatment devices and best management practices (BMP) as provided for in the project's Storm Water Quality Management Plan, shall be provided for by CC&R's or deeds and shall be recorded prior to the approval of the Water Quality Management Plan. Said CC&R's and/or deeds shall be included in the project site specific Storm Water Quality Management Plan (WQMP) document prior to approval of the WQMP document and recording of the Memorandum of Agreement of Storm Water Quality Management Plan. 31. Prior to the issuance of a Grading Permit the City of Rancho Cucamonga's "Memorandum of Agreement of Storm Water Quality Management Plan" shall be submitted for review and approval by the Building Official and recorded with the County Recorder's Office. 32. Prior to issuance of a Grading Permit the applicant shall obtain a Waste Discharge Identification Number (WDID). The WDID number shall also be shown on the WQMP Site and Drainage Plan document. 33. The applicant shall provide a copy of a completed EPA Form 7520-16 (Inventory of Injection Wells) for each underground infiltration device, with the Facility ID Number assigned, to the Building and Safety Services Department Official prior to issuance of the Grading Permit and/or approval of the project-specific Water Quality Management Plan. A copy of EPA Form 7520-16 shall be scanned and pasted onto the permitted grading plan set, and a copy of said form shall be included in the project-specific Water Quality Management Plan. www.CityofRC.us Page 194 Printed:1/21/2021 g Page 23 of 25 Project#: SUBTPM19762 CEQA2016-00012 Project Name: Day Creek Villages Location: 12215 BASE LINE RD - 109033105-0000 Project Type: Tentative Parcel Map CEQA Review ALL OF THE FOLLOWING CONDITIONS APPLY TO YOUR PROJECT: Grading Section Standard Conditions of Approval 34. The land owner shall provide an inspection report by a qualified person/company on a biennial basis for the Class V Injection Wells/underground infiltration chambers to the City of Rancho Cucamonga Environmental Program Manager. The land owner shall maintain on a regular basis all best management practices (BMP"s) as described in the Storm Water Quality Management Plan (WQMP) prepared for the subject project. All costs associated with the underground infiltration chamber are the responsibility of the land owner. 35. The land owner shall provide an inspection report on a biennial basis for the structural storm water treatment devices, commonly referred to as BMPs, to the City of Rancho Cucamonga Environmental Program Manager. The land owner shall maintain on a regular basis as described in the Storm Water Quality Management Plan prepared for the subject project. All costs associated with the underground infiltration chamber are the responsibility of the land owner. 36. The land/property owner shall follow the inspection and maintenance requirements of the approved project specific Water Quality Management Plan and shall provide a copy of the inspection reports on a biennial basis to the City of Rancho Cucamonga Environmental Program Manager. 37. Prior to the start of landscaping operations, the landscape architect and the landscape contractor shall provide a sample of the weed fabric barrier to the Project Planner, City of Rancho Cucamonga Planning Department. The weed barrier shall be permeable. 38. The final project-specific water quality management plan (WQMP) shall include executed maintenance agreements along with the maintenance guidelines for all proprietary structural storm water treatment devices (BMP's). In the event the applicant cannot get the proprietary device maintenance agreements executed prior to issuance of a grading permit, the applicant is required to submit a letter to be included within the WQMP document, and scanned and pasted onto the Site and Drainage Plan which states that prior to issuance of a certificate of occupancy with applicant shall enter into a contract for the maintenance of the proprietary storm water treatment device. If the proprietary storm water treatment device is part of a residential subdivision, prior to the sale of the residential lot, the developer shall include maintenance agreement(s) as part of the sale of the residential lot to the buyer. A copy of the maintenance agreements to be included in the sale of the property shall be included within the WQMP document. 39. Prior to issuance of a grading permit and approval of the project specific water quality management plan all private storm water catch basin inlets shall include insert filters to capture those pollutants of concern as addressed in the in the final project-specific water quality management plan (WQMP). At a minimum catch basin insert filters to capture trash and other floating debris. All catch basin insert filters shall be maintained on a regular basis as described in the "Inspection and Maintenance Responsibility for Post Construction BMP" section of the final project-specific water quality management plan. www.CityofRC.us Page 195 9 Printed:1/21/2021 g Page 24 of 25 Project#: SUBTPM19762 CEQA2016-00012 Project Name: Day Creek Villages Location: 12215 BASE LINE RD - 109033105-0000 Project Type: Tentative Parcel Map CEQA Review ALL OF THE FOLLOWING CONDITIONS APPLY TO YOUR PROJECT: Grading Section Standard Conditions of Approval 40. Prior to issuance of a grading permit the Final Project-Specific Water Quality Management Plan shall include a completed copy of "Worksheet H: Factor of Safety and Design Infiltration Worksheet" located in Appendix D "Section VII — Infiltration Rate Evaluation Protocol and Factor of Safety Recommendations, ..." of the San Bernardino County Technical Guidance Document for Water Quality Management Plans. The infiltration study shall include the Soil Engineer's recommendations for Appendix D, Table VII.3: Suitability Assessment Related Considerations for Infiltration Facility Safety Factors". 41. Prior to approval of the final project-specific water quality management plan the applicant shall have a soils engineer prepare a project-specific infiltration study for the project for the purposes of storm water quality treatment. The infiltration study and recommendations shall follow the guidelines in the current adopted "San Bernardino County Technical Guidance Document for Water Quality Management Plans". 42. The Tentative Parcel Map 19762 (SUBTPM19762) is the primary discretionary permit for the project. The final project-specific Water Quality Management Plan (WQMP) shall be prepared as a Phased WQMP for SUBTPM19762 and shall include all phases of the project. Construction of the storm water treatment structural devices may be constructed as construction progresses. Prior to issuance of a grading permit, either a precise or rough grading permit, the final project-specific water quality management plan shall be recorded. 43. Prior to the issuance of a certificate of occupancy by the Building Official, or his designee, the civil engineer of record shall file a Water Quality Management Plan (WQMP) Post Construction Storm Water Treatment Devices As-Built Certificate with the Environmental Programs Coordinator, City of Rancho Cucamonga Engineering Services Department. 44. As the use of drywells are proposed for the structural storm water treatment device, to meet the infiltration requirements of the current Municipal Separate Storm Sewers Systems (MS4) Permit, adequate source control and pollution prevention control BMPs shall be implemented to protect groundwater quality. The need for pre-treatment BMPs such as sedimentation or filtration shall be evaluated prior to infiltration and discussed in the final project-specific Water Quality Management Plan document. www.CityofRC.us Page 196 Printed:1/21/2021 g Page 25 of 25 Day Creek Square Modification DRC 2020- 00482 — DR Horton March 3 , 2021 Project Sco • Who: • DR Horton • What: • Design Review Modification to previous approval for Day Creek Square • Request for Condition of Approval #13 be stricken entirely • Where: • Southwest Corner of Day Creek Boulevard and Base Line Road • Background • Original Project Approval in 2017 • Project Approval Includes: • 380 Residential Units • Two Commercial Pads, 12,000 square feet total • 71-room hotel 4 - I I SOLSTICEP 13 �J Hotel 4 I < . Area � Residential Area { ? � iB 7. .,a - I � _ _ L—I �•.I-: -:gym a L{ I 01 _ g° w Wr Commercial 1 � " �� ba s g Area 11F�Z- - b+REEKHODLEyRD_ - - "y'�� BUILDING SITE PLAN DAYCREEKSQUARE ry ■�MADOLE CITY OF RANCHO CUCAMONGA Aerial Site Plan - -_ -- ......... .......... ...... y`YA Y t. 1R1 .... ED Ir 7.1 ji� N �� � � �p "'t ��'-`�: ear �•: �� .�.Ls � � � �fm o CITY OF ♦ • CUCAMONGA Existing Condition of Approval SUBTPM 19762 "No more than 65% of the permits for the residential units (247) shall be issued unless building permits for the hotel and two restaurant buildings have been issued. Occupancy for the residential units shall be limited to 90% (342 units) until occupancy has been approved for the hotel and the two restaurant buildings. " Day Creek Square Project Status Residential Portion ■ 295 homes occupied throughout the community ■ 380 permits issued; 319 granted certificate of occupancy ■ 61 homes under construction; 39 sold, 22 not sold ■ Modest projection — Threshold of 342 homes reached by June/July 2021 Commercial Portion ■ Construction complete on both buildings; site improvements remaining ■ Day Creek Building occupied ■ Base Line Building partially occupied Hotel Portion ■ Building permit ready to issue, Grading permit still pending ■ Construction timeframe — 10-14 months Recommendation Adopt Resolution 21 -12 for Design Review Modification DRC2020-00482 • Allowing the removal of condition of approval #13 that places a restriction on the residential occupancy within the Day Creek Square development. CITY OF RANCHO CUCAMONGA DATE: March 3, 2021 TO: Mayor and Members of the City Council FROM: John R. Gillison, City Manager INITIATED BY: Tamara L. Oatman, Finance Director SUBJECT: Consideration to Receive and File Midyear Financial Update for the Six- Month Period Ended December 31, 2020. (CITY) RECOMMENDATION: Staff recommends that the City Council receive and file the attached Midyear Financial Update for the six-month period ended December 31, 2020. BACKGROUND: On a quarterly basis, the Finance Director provides the City Council with a brief update on the budgetary performance of the City's operating funds which include the City General Fund (Fund 001), the Library Fund (Fund 290), and the Fire District Operating Funds (Funds 281, 282, and 283). At the midyear point, staff conducts an analysis of the City's operating budget which includes detailed inquiries of the various City departments. During these inquiries, budgetary needs may be identified that require more timely attention than the Amended Budget process may provide. As a result, additional appropriations may be requested of the City Council in conjunction with the Midyear Financial Update. ANALYSIS: The Midyear Financial Update provides budget and year-to-date actuals (including encumbrances) of both revenues and expenditures for the City's operating funds. One of the more notable items in this year's Midyear Financial Update is the estimated impact of the COVID-19 pandemic on the Community Services Department in the General Fund. As of midyear, Community Services staff have a better picture of what programming will look like for the remainder of the year. As a result, the Department is proposing several substantial reductions to expenditures as well as associated revenues. Net proposed expenditure reductions total approximately $4.3 million, primarily in the areas of part-time salaries, operations and maintenance, and contract services due to the dramatically scaled back programming currently in place. Adopted revenues have a corresponding decrease proposed in the amount of approximately $4.7 million, with the primary decreases occurring in recreation fees, other lease/rental income, and ticket sales. Net expenditure reductions were less than net revenue reductions due to new consultant contracts to review the Department's operations ($225,000); Park Rangers/Monitors part-time staffing costs incurred to monitor compliance with COVID- related restrictions ($65,000); part-time staffing for COVID vaccine and testing site activity as well as Central Park operations ($50,000); and the continued support of full-time positions for the Department. The Department's operations will be revisited at the end of the third quarter to determine if any further adjustments, positive or negative, are warranted. Page 197 As noted in the first quarter's financial update, the COVID-19 pandemic has caused an increase in the billing for unemployment claims. The reduction in force required in response to the mandated shutdowns resulted in much higher than anticipated unemployment claims. Fortunately, Federal CARES Act funding is providing a 50% credit for the claims filed. The City recently received the billing for the first quarter of the fiscal year, but it has not received the billing for the second quarter yet. In anticipation of the claims remaining at the same level for the second and third quarters of the year with a doubled amount for the fourth quarter of the year due to the sunset of the Federal credit on March 13, 2021, Personnel Overhead costs will increase approximately $797,910. As of midyear, it is anticipated that projected increases and decreases in the various General Fund revenues will net to an overall decrease of $3,116,690. However, the adjustment to the Community Services Department (CSD)'s activities contributed $4,716,920 towards this decrease. Non-CSD revenue netted an increase of$1,600,230. This includes projected growth in sales tax revenue, TOT, and development fees, as well as one-time grant reimbursement revenues of $739,630. Overall, the General Fund's operations are anticipated to end the fiscal year with net funds available in the amount of$311,280. Library expenditures are anticipated to be $649,600 less than budgeted. Savings are anticipated as a result of the reduction in the part-time salaries budget which was reduced commensurate with the Department's suspension of in-person programming due to the impacts of the COVID-19 pandemic. The Department will also experience some salary savings due to vacancies in full- time positions. The planned transfer out to the Library Capital Fund was reduced by $300,000 due to a corresponding decrease in the Library Foundation's donation for the Second Story project as the Foundation has been adversely impacted by the pandemic as well. However, $458,600 of the Library Fund's projected expenditure savings will be transferred to the Library Capital Fund to accumulate resources needed for the Second Story project next fiscal year. Overall cost savings were also offset by an increased cost for a library-materials vending machine that was partially funded by the CARES Act. Revenues are anticipated to be $387,100 less than budgeted overall due to reduced revenues from the Library Foundation and Friends of the Library, reduced passport revenues, and a transfer in from the CARES Act Fund to cover 50% of the cost of the vending machine. Overall, the Library's operations are anticipated to end the fiscal year with net funds available in the amount of$262,500. The Fire District's expenditures are on track as of midyear. Revenues and expenditures will be adjusted through the Amended Budget process to reflect the additional costs and subsequent reimbursements for the many strike teams we had active from July through October. The allocation of post-RDA property tax revenues between the District's General Fund and Capital Fund will be adjusted as needed to ensure the Fire District General Fund is balanced at the end of the fiscal year. As of midyear, it is anticipated that less will be needed for the General Fund than was budgeted due to positive revenue variances and cost savings. Overall, the Fire District will end with a balanced budget by the usage of $527,030 in CFD 85-1 reserves, or depending on the reimbursements, may end with a surplus. Due to the uncertainty surrounding the future impacts of the COVID-19 pandemic, continued caution is needed to monitor revenues and contain expenditures throughout the remainder of the fiscal year. FISCAL IMPACT: As a result of the analysis conducted with the various departments for the attached report, certain additional appropriations were identified that require more immediate attention rather than waiting Page 2 Page 198 for the adoption of the Amended Budget in May. Staff respectfully requests that the City Council authorize the following additional appropriations: FY2020121 Midyear Additional Appropriation Requests Account Number Description Amount Comment 1001319-5200 General Fund-Park Maintenance/O&M $ 34,000 Transfer accumulated admin fee 1001000-8008 General Fund/Transfer In-Fund 008 $ 34,000 to cover cost to maintain the 1008316-9001 Cnty of S. B. Reimb/Transfer Out-Fund 001 $ 34,000 landscape on the washends 1136303-5300 LMD#6R Caryn Community/Contract Services $ 70,000 Emergency response-October 1130303-5310 LIVID#1 General City/Tree Maintenance $ 71,320 2020 and January 2021 Windstorm 1136303-5310 LIVID#6R Caryn Community/Tree Maintenance $ 65,140 Events for landscaping and tree 1 1 38303-531 0 LIVID#8 South Etiwanda/Tree Maintenance $ 12,050 contract services Replenish funds transferred for City-Wide Employee 1001002-5061 Personnel Overhead/Employee Development $ 21,500 Development Program contract 1001001-5300 General Overhead/Contract Services $ 23,750 Demographic services related 3281501-5300 Fire Fund-Administration $ 23,750 to City Council redistricting 1100202-5300 Assessment Dist.Admin./Contract Services $ 85,500 Industrial CFD Traffic Study related to Industrial 1100202-5300 Assessment Dist.Admin./Contract Services $ 30,220 CFD formation 1016301-5300 Comm Dev Tech Srvcs/Contract Service $ 30,000 Scanning contract 3281501-5312 Fire Fund-Administration/Legal Services $ 150,000 Increased legal costs Acceptance of improvements- Tract 19968 in Feb.2020; 1138303-5402 LIVID#8 South EtiwandaNVater Utilities $ 4,170 additional water costs Total increase in revenue accounts $ 34,000 Total increase in expenditure accounts $ 655,400 COUNCIL MISSION /VISION / GOAL(S) ADDRESSED: Providing the City Council with regular financial updates on the City's operating budget supports the Council's efforts to create an equitable, sustainable, and vibrant city, rich in opportunity for all to thrive, by providing meaningful, timely information upon which they can base their current and future decisions that impact the City's finances. ATTACHMENTS: Attachment 1 — Midyear Financial Update — Six-Month Period Ended December 31, 2020 Page 3 Page 199 City of Rancho Cucamonga Midyear Financial Update Six Month Period Ended December 31 , 2020 rloov- j OVERVIEW This report summarizes the City's overall financial position for the current fiscal year through December 31, 2020. The focus of this report is the City's operating budget which is comprised of the City General Fund, the Library Fund, and the Fire District Operating Funds. The revenue projections and budgets include necessary adjustments for encumbrances, carryover purchase orders, and any supplemental appropriations made by the City Council as of December 31, 2020. GENERALFUND General Fund Financial Condition. With 50% of the year complete, General Fund expenditures are at 42% of projections (compared to 46% the prior year) and revenues are at 30% (compared to 31% in the prior year). Revenues are typically less during the first half of the fiscal year as a number of the more significant items, including franchise fees and fourth quarter sales tax, are not received until the second half of the fiscal year. Both expenditures and revenues are explained in more detail below. General Fund Bud et* YTD Actual* Percent Revenues 89,394,500 27,155,093 30% Expend ures 90,768,082 38,365,174 42% *Includes carryover purchase orders. The impacts of COVID-19 related reductions in revenues and consequential budget reductions in expenditures that were implemented as part of the budget process, are accounted for in this report. The expenditures budget and YTD actual figures above include carryover purchase orders from the prior fiscal year. Excluding the carryover purchase orders, the City adopted a balanced budget for Fiscal Year 2020/21 through the planned usage of $700,000 from the Change in Economic Circumstances Reserve to offset the economic impacts of the COVID-19 pandemic. In addition, the budget includes the planned usage of reserves to replace medical equipment for the Animal Center in the amount of$10,000. Departmental Expenditures. The YTD actual figure above incorporates all General Fund divisions, including General Fund non-departmental divisions such as General Overhead. 3 Spent Department p As of 12�31/2a2a(S5 ol of YearComplete) For purposes of departmental analysis, these non- departmental divisions are excluded from the chart on the Admin.Services 41% right. Animal Care&Srvcs 49% Building&Safety 67% In an effort to combat the negative economic impacts of City Clerk 49% the COVID-19 pandemic,various budget reductions were City Coundl 39% incorporated into the Fiscal Year 2020/21 Adopted City Management 1 49% Budget. These include, but are not limited to, the Comm.Improv. 62% following: Ccmmunity S rvcs 29% Econ/Comm Dev 53% • 32% reduction in FTEs for part-time staff Engineering 64% • 10% reduction in full-time staff Planning 65% Reduced hours of operations at various City Police 49% Public Works 70% facilities Records Mgmt. 15% • Closure of certain City facilities, including the Lewis Family Playhouse °°�° za°�° as°�° 6a°�° sa°�° Page 119 Page 200 City of Rancho Cucamonga Midyear Financial Update Six Month Period Ended December 31 , 2020 r10*vj Although operating with reduced budgets, departmental operating expenditures (including outstanding purchase orders/encumbrances) are generally consistent with the prior year as a percent of the budget, and on target as midyear. Any significant differences between the current and prior year are noted below. Factors contributing to a slightly higher percentage expended/encumbered in some departmental budgets include the following: 1)some contracts cover the entire fiscal year and must be fully encumbered with a purchase order at the beginning of the fiscal year and 2) certain overhead cost allocations are fully allocated at the beginning of the fiscal year. Departments with the more significant variances in the percentage spent— current year(CY) vs. prior year (PY)— include: • Records Management (15% CY,- 36% PY): Records Management budgeted a line item for the 2020 General Election which was not expended as of midyear. • Community Services (29% CY,• 53% PY): For Fiscal Year 2020/21, the Community Services Department's budget increased about $2.5 million due to the combining of the Community Services recreational and community activities into the General Fund; previously, they were accounted for in separate special revenue funds. Community Services has spent 29%of its budget as of midyear compared to 53% in the prior year. As noted in the first quarter's financial update, this slower spending trend is due to the impacts of the COVID-19 pandemic on the Department's recreation and community activities, which have become very limited due to restrictions on gathering in person. Due to the uncertainty of when Community Services programming can continue and in what form, the timing of expenditures will be very nontraditional this fiscal year. Programming is dependent upon when and if restrictions by the State of California will be lifted. Staff continues to approach the situation with an abundance of creativity and optimism to do their best to meet the needs of the community while staying in compliance with State restrictions. As of midyear, Community Services staff have a better picture of what programming will look like for the remainder of the year. As a result, the Department is proposing several substantial reductions to expenditures as well as associated revenues. Net proposed expenditure reductions total approximately $4.3 million, primarily in the areas of part-time salaries, operations and maintenance, and contract services due to the dramatically scaled back programming currently in place. Adopted revenues have a corresponding decrease proposed in the amount of approximately$4.7 million, with the primary decreases occurring in recreation fees, other lease/rental income, and ticket sales. Net expenditure reductions were less than net revenue reductions due to new consultant contracts to review the Department's operations ($225,000); Park Rangers/Monitors part-time staffing costs incurred to monitor compliance with COVID- related restrictions($65,000); part-time staffing for COVID vaccine and testing site activity as well as Central Park operations ($50,000); and the continued support of full-time positions for the Department. The Department's operations will be revisited at the end of the third quarter to determine if any further adjustments, positive or negative, are warranted. • Animal Care and Services (49% CY,- 59% PY): Animal Care and Services are experiencing budgetary savings as of midyear due to full-time and part-time vacancies as well as some reduced operational costs due to the restrictions imposed by the COVID-19 pandemic. As of midyear, the Department anticipates overall savings of approximately$400,000 for the year. Some savings may occur by the end of the fiscal year due to other personnel vacancies for a portion of the year. These overall savings will be partially offset by other cost increases in part-time salaries, overtime, and contract services for backfilling of vacant positions, by costs incurred to address damage caused by recent wind storms, and by the unanticipated reimbursement of a portion of a prior year Administrative Fee to the RDASA based on direction from the Countywide Oversight Board. Although the expenditure budget includes carryover purchase orders totaling approximately $663,500, net projected savings in the various departmental budgets have resulted in a projected Page 219 Page 201 City of Rancho Cucamonga Midyear Financial Update Six Month Period Ended December 31 , 2020 r10*vj decrease of$3,817,860 in the General Fund's total expenditure budget. These expenditure savings combined with certain positive revenue activity (discussed below)will eliminate the need for the usage of reserves for Fiscal Year 2020/21. COVID-Related Expenditure Impacts. Separate from the departmental expenditures noted above, other unanticipated expenditures resulting from the COVID pandemic are expected to be incurred this fiscal year. As noted in the first quarter's financial update, the primary cost is an increase in the billing for unemployment claims. The reduction in force required in response to the mandated shutdowns resulted in much higher than anticipated unemployment claims. Fortunately, Federal CARES Act funding is providing a 50% credit for the claims filed. The City recently received the billing for the first quarter of the fiscal year, but it has not received the billing for the second quarter yet. In anticipation of the claims remaining at the same level for the second and third quarters of the year with a doubled amount for the fourth quarter of the year due to the sunset of the Federal credit on March 13, 2021, Personnel Overhead costs will increase approximately$797,910. Some additional costs savings are anticipated due to the impacts of the COVID-19 pandemic. For instance, reductions in operational costs for some City facilities are expected due to reduced services and/or temporary closures. Top Seven Revenues. The City's top seven revenues account for about 86% of total General Fund revenues (compared to 91%in the prior year). Following is a summary of these revenues as of midyear: YTD % Top Seven Revenues Budget Actual Received Sales tax 28,744,580 11,474,730 40% Vehicle license fees" 21,223,690 - 0% Franchise fees 7,445,070 1,252,612 17% Property tax 10,082,200 5,211,007 52% Development fees 4,892,500 2,460,291 50% Business licenses 2,779,690 1,507,042 54% Trans. occupancy taxes 1,835,530 1,152,370 63% *Includes Property tax h4eu of VLF Sales Tax. Revenues as of the six months ended December 31, 2020 are at 40% of budget (compared to 32%in the prior year). The percentage is lower than 50% as of midyear due to the timing of our receipts from the State and the County. As of midyear, we have received four months' allocation of sales tax revenues from the State and five months' allocation of Prop 172 revenues, which is consistent with the prior year. The increase in the collection percentage over the prior year is due to a combination of factors: • The adoption of a conservative budget to reflect the estimated impacts of the COVID-19 pandemic on sales tax revenues; • Higher than anticipated receipts from the countywide use tax pool after a recent legislative change has resulted in State taxation of additional internet purchases, and as more California consumers shift to online shopping to reduce their exposure to possible illness during the health crisis; • The reversal of a prior year accounting adjustment. During FY 2019/20, our sales tax consultant identified two misallocations of sales tax revenue totaling $496,000. In order to record the future repayment of the misallocations in the same period as the receipts, staff accrued the payment back to June 30, 2020, netting the impact of the misallocation to zero. This accrual was then reversed on July 1, 2020 in anticipation of the State deducting that amount from our current fiscal year's receipts. As of midyear, the State has not yet processed this deduction resulting in the year-to-date receipts being temporarily higher than normal by $496,000. Ultimately, the reversal of the accrual and the State deduction will net to a zero impact on the current fiscal year. Page 319 Page 202 City of Rancho Cucamonga Midyear Financial Update Six Month Period Ended December 31 , 2020 rlowvj • A current year misallocation from a sporting goods retailer in the amount of$350,000 that will be corrected in a future quarter; and • A change in the allocation methodology used by the State which results in somewhat higher remittances each month with a lower quarterly reconciliation amount compared to the prior year. This change in methodology will resolve itself at fiscal yearend when all appropriate sales tax revenues will be accrued and can be compared to the prior fiscal year on a level playing field. The above factors can be further illustrated by the following chart which shows the Adopted Budget and year-to- date (YTD) revenues as of midyear for Fiscal Year 2019/20 compared to FY 2020/21: Sales Tax FY 2019/20-MI DYEAR FY 2020/21-MI DYEAR Budget YTD Actual The City's sales tax consultant continues to assist staff with determining the estimated impacts of the COVID-19 pandemic on sales tax revenues through their quarterly updates with staff. Recent discussions with the consultant indicate that significant recovery is not anticipated until Fiscal Year 2021/22 with full recovery dependent on the specific character and make up of each jurisdiction's tax base. The most recent data (third quarter of 2020)audited by our consultant indicates the following make up of Rancho Cucamonga's sales tax base, which has historically had a good level of diversification: Page 419 Page 203 City of Rancho Cucamonga Midyear Financial Update Six Month Period Ended December 31 , 2020 rloovj REVENUE BY BUSINESS GROUP Rancho Cucamonga This Quarter* Food/Drug Cons.Goods 5% 31% Fuel 5% Pools 18% Restaurants 12% PutoslTrans. 3% Building Bus./Ind. 8% 17% "ADJUSTED FOR ECONOMIC DATA Business types impacted most heavily by the COVID-19 pandemic in recent months include casual dining eateries, as the City's restaurant dining rooms were closed to combat the health crisis, and fuel and service stations, as the stay-at-home rules cut vehicle trips and deflated the price of petroleum products on the global market. Conversely, receipts from the countywide use tax pool continue to surge after a recent legislative change has resulted in State taxation of additional internet purchases, and as more California consumers shift to online shopping to reduce their exposure to possible illness during the health crisis. The list of businesses closing, either permanently or temporarily, continues to grow as a result of the economic shut-down, approaching levels the City has never seen before. As the countywide pool grows, and the City's retail footprint shrinks, cities with auto dealers have an advantage. Rancho Cucamonga has no auto dealers. While the City as a whole is weathering the storm fairly well due to the increases in the countywide use tax pool allocations, our position is precarious and there is reason for concern. As of midyear, it is anticipated that sales tax will end the fiscal year slightly ahead of budget. Vehicle License Fees (VLF). As of midyear, we have not received a disbursement of VLF from the State which is consistent with the prior year. The VLF relates to excess amounts collected by the State for the prior fiscal year, and it has typically been received during the third quarter of our fiscal year. We will receive property tax in-lieu of VLF from the County in January and May. This revenue source is anticipated to exceed budget by$96,910 based on information provided by our property tax consultant. Franchise Fees. We will not receive the largest components of franchise fee revenues—payments from Southern California Edison and Southern California Gas Company—until April 2021. Franchise fees from waste management and cable are remitted approximately 30 days after the end of each quarter. These revenues are generally in line with overall budget estimates for this point in the fiscal year. Property Tax. The first major apportionment of taxes occurred in December. Included in the property tax budget is post-RDA property tax revenue of$2,543,990. This portion of the City's property taxes is normally received in January and June as part of the County of San Bernardino's distribution of the Redevelopment Property Tax Trust Fund (RPTTF); however, the January payment was received a few days early at the end of December. This same situation occurred in the prior fiscal year resulting in the collection percentages being consistent. It is anticipated that overall property tax revenues will be in line with budget as of fiscal year end. Page 519 Page 204 City of Rancho Cucamonga Midyear Financial Update Six Month Period Ended December 31 , 2020 rloovj Development Fees. Development revenues for plan check fees and engineering fees are coming in slower than anticipated with collection percentages of 33.3% and 37.8%, respectively. Planning fees are in line with budget with a collection percentage of 51.7%. Building permits are exceeding budget as of midyear with a collection percentage of 74.6%. • For plan check fees, revenues have decreased due to the majority of issued permits not requiring plan checks and larger projects being temporarily stopped or slowed down considerably. The third and fourth quarters of the fiscal year should show an increase if, as we anticipate, some developers submit larger projects, such as Lewis proceeding with the apartments at The Resort and a project at Milliken and Foothill. Considering these factors, the Building and Safety Department is anticipating ending the fiscal year at 80% of budget, or a $257,500 decrease. • For engineering fees, the Development Management team anticipates some larger projects that were previously put on hold to come through before the end of the fiscal year. All remaining budgeted revenue funding is anticipated to be received by the end of the fiscal year with no adjustment needed. • For planning fees, revenues were trending slightly lower than expected, but a robust December brought us back on track. Lingering COVID-19 impacts and the moratorium on new industrial development could create a short term drag on fees in the second half of the fiscal year. However, no adjustment to budgeted revenues is proposed at this time by the Planning Department. • For building permits, an increase in permit issuance is anticipated in the third and fourth quarters of the fiscal year as typically occurs. However, permit issuance has shifted from developer to home/business owner. An increase of approximately 30% is anticipated based on volume continuing from the prior fiscal year. It should be noted that the increase is due to more small permits with home remodeling during the stay-at-home orders. Based on YTD activity, the Building and Safety Department anticipates ending the fiscal year at 130% of budget, a $450,000 increase. Business Licenses. Overall business license revenues are slightly ahead of the 50% midyear target, with a collection percentage of 54%, which is slightly lower than the prior year's collection of 58%. The peak of the renewals is not received until January. However, it is anticipated that current business license revenues should be in line with the Adopted Budget by the end of the fiscal year. Many businesses took advantage of the City's 120- day deferral of when penalties are assessed for non-payment of business licenses that was put into place in March 2020 through an Executive Order due to the COVID-19 emergency. As a result, a reduction in revenues from penalties is anticipated in the amount of$73,460. Transient Occupancy Taxes(TOT). Based on information provided by the Greater Ontario Convention and Visitors Bureau (GOCVB), year-to-date occupancy through December 2020 was at 55.8% compared to 77.5%for the prior year. The average daily rate year-to-date through December 2020 was $123.29 compared to$137.14 for the prior year. Focusing on the month of December, occupancy was at 48.5% in 2020 compared to 68.8% in the prior year. The average daily rate for the month of December was $116.38 in 2020 compared to $128.77 in the prior year. These statistics illustrate just how impactful the COVID-19 pandemic has been on TOT revenues. Below is a summary of our TOT revenues by month for the prior and current fiscal years: Page 619 Page 205 City of Rancho Cucamonga Midyear Financial Update Six Month Period Ended December 31 , 2020 Qr Transient Occupancy Taxes - Monthly Revenue $450,000.00 $400,000.00 $350,000.00 $300,000.00 $250,000.00 $200,000.00 $150,000.00 $100,000.00 $50,000.00 July August Sept. Oct. Nov. ❑ec. ■FY 2019/20 FY 20 20/2 1 Year-to-date receipts are tracking about 36% less than the prior year due to the COVID-19 pandemic. A significant reduction in TOT revenues was anticipated in our revenue estimates for Fiscal Year 2020/21 which were estimated at approximately 40% of the pre-COVID revenue estimate. One of the City's major hotels had temporarily closed in late March 2020; however, it started accepting guests again in August 2020 which helped contribute to TOT revenues beginning in September 2020. Annualizing YTD revenues indicates that the revenue estimate for Fiscal Year 2020/21 may be exceeded. Staff will continue to monitor TOT revenues and provide an update for the third quarter's report to City Council. The City approved entitlements for two new hotels. However, only one has actually pulled permits and is under construction due to construction financing being secured before the pandemic erupted. Construction has been extensively delayed due to workers being exposed to the virus and the resultant inability to maintain a steady construction crew. It is anticipated that this hotel will open in the first part of next calendar year. The second entitled hotel has been unable to secure construction financing due to the pandemic. Lenders are hesitant to provide loans to the hotel industry at this time due to the historically low vacancy rates as well as the current travel and conferences restrictions imposed by the pandemic. These restrictions will need to ease up, most likely meaning that our county moves to the orange or yellow tier of the State's Blueprint for a Safer Economy framework, before construction financing will be available. No revenue is anticipated from this hotel in the current fiscal year. Depending on the timing of construction, it is anticipated that the City may receive a half year's TOT revenue during Fiscal Year 2022/23. COVID-Related Other Revenue Impacts. In 2018, the City and the Chaffey Joint Union High School District entered into an agreement for the City to provide a higher level of school resource officer services for its high school facilities on a cost-sharing basis. With the School District's operations impacted by the COVID-19 pandemic, the City and the School District modified the agreement in October 2020 to reduce the cost-sharing amount by half for Fiscal Year 2020/21. This is an additional, unanticipated loss of revenue to the City. In September 2020, the San Bernardino County Board of Supervisors approved an allocation of $23.3 million in CARES Act funding to cities within the County on a population basis. The County determined that Rancho Cucamonga is eligible to receive $2,167,193 of this funding. In order to receive the funding, the City submitted for reimbursement of a portion of its law enforcement costs through the Sheriff's Department contract. A portion of this funding will be used to replace the planned use of the City's Changes in Economic Circumstances Reserve, while Page 719 Page 206 City of Rancho Cucamonga Midyear Financial Update Six Month Period Ended December 31 , 2020 rloovj the remainder of the funding will be used to replenish the Law Enforcement Reserve for costs incurred to construct the Public Safety Facility on the west side of the city. As of midyear, it is anticipated that projected increases and decreases in the various General Fund revenues will net to an overall decrease of$3,116,690. However,the adjustment to the Community Services Department(CSD)'s activities contributed$4,716,920 towards this decrease. Non-CSD revenue netted an increase of$1,600,230. This includes projected growth in sales tax revenue, TOT, and development fees, as well as one-time grant reimbursement revenues of$739,630. Overall, the General Fund's operations are anticipated to end the fiscal year with net funds available in the amount of$311,280. LIBRARY FUND Library Fund Financial Condition. As of midyear, Library revenues are at 46% of projections (consistent with the prior year) and expenditures are at 50% (compared to 55% in the prior year). The higher than usual revenue collection percentage is due to the timing of the County's payment of the statutory passthrough from RPTTF. As noted previously, the first installment is usually received in January; however, it was received in December in the both the current year and the prior year. Library Fund Bud et* YTD Actual* Percent Revenues 6,208,820 2,827,225 46% Expenditures 6,261,594 3,154,245 50% *Includes carryover purchase orders. Property tax makes up approximately 82% of the Library Fund's revenues (compared to 81%in the prior year). As noted above, the first major apportionment of taxes occurred in December. The Library's property tax revenues, however, also include a statutory pass-through from the former Redevelopment Agency. This pass-through represents approximately 35.7% of the Library's property tax revenues and is normally received in January and June as part of the County's distribution of the Redevelopment Property Tax Trust Fund (RPTTF). However, as noted above, the January payment was received in late December, similar to the prior year. Also included in the property tax budget is post-RDA property tax revenue of$140,340. These revenues are also distributed from the RPTTF. Library expenditures are anticipated to be$649,600 less than budgeted. Savings are anticipated as a result of the reduction in the part-time salaries budget which was reduced commensurate with the Department's suspension of in-person programming due to the impacts of the COVID-19 pandemic. The Department will also experience some salary savings due to vacancies in full-time positions. The planned transfer out to the Library Capital Fund was reduced by $300,000 due to a corresponding decrease in the Library Foundation's donation for the Second Story project as the Foundation has been adversely impacted by the pandemic as well. However, $458,600 of the Library Fund's projected expenditure savings will be transferred to the Library Capital Fund to accumulate resources needed for the Second Story project next fiscal year. Overall cost savings were also offset by an increased cost for a library-materials vending machine that was partially funded by the CARES Act. Revenues are anticipated to be $387,100 less than budgeted overall due to reduced revenues from the Library Foundation and Friends of the Library and reduced passport revenues, with an offsetting transfer in from the CARES Act Fund to cover 50% of the cost of the vending machine. Overall, the Library's operations are anticipated to end the fiscal year with net funds available in the amount of$262,500. FIRE DISTRICT Fire District Financial Condition. With 50% of the year complete, Fire District operating revenues are at 53% of projections (compared to 51% in the prior year) and expenditures are at 52% (compared to 53% in the prior year). Page 819 Page 207 City of Rancho Cucamonga Midyear Financial Update Six Month Period Ended December 31 , 2020 rloov- j The revenue collection percentage is higher in the current year due primarily to cost reimbursements from the State for strike teams. Fire District Bud et* YTD Actual* Percent Revenues 41,452,310 21,985,205 53% Expend ures 41,993,557 21,689,866 52% *Includes carryover purchase orders. Property tax comprises approximately 89% of the Fire District's operating revenues (consistent with the prior year) which includes the General Fund, CFD 85-1, and CFD 88-1. The first major apportionment of taxes occurred in December. Included in the property tax budget is post-RDA property tax revenues of $8,905,710. This amount represents a statutory pass-through from the former Redevelopment Agency. The full amount of the pass-through is allocated on a percentage basis between the Fire District's operating funds and its capital fund based upon the operating budget needs of the Fire District each fiscal year. As noted above, RPTTF revenues is normally received in January and June. However, the January remittance was received a few days early in December. The Fire District's expenditures are on track as of midyear. Revenues and expenditures will be adjusted through the Amended Budget process to reflect the additional costs and subsequent reimbursements for the many strike teams we had active from July through October. The allocation of post-RDA property tax revenues between the District's General Fund and Capital Fund will be adjusted as needed to ensure the Fire District General Fund is balanced at the end of the fiscal year. As of midyear, it is anticipated that less will be needed for the General Fund than was budgeted due to positive revenue variances and cost savings. Overall, the Fire District will end with a balanced budget by the usage of$527,030 in CFD 85-1 reserves, or depending on the reimbursements, may end with a surplus. SUMMARY Overall, the General Fund and Library Fund's revenues and expenditures will need to be adjusted to reflect the known and estimated impacts of the COVID-19 pandemic. Both funds are projected to ultimately end the year with net positive financial results due to numerous contributing factors including salary savings, operational savings, grant income, and better than anticipated revenue growth. The Fire District's operating budget for expenditures is performing well as of midyear and is consistent with the prior year,with some enhancements for higher than anticipated strike team activity. Generally, revenues are on track or slightly ahead of projections, and expenditures are on track with or slightly below historical norms. Page 919 Page 208 City of Rancho Cucamonga Fiscal Year 2020/21 Operating Budget Midyear Financial Update Presented to the City Council March 3, 2020 Midyear Financial Update Scope 13 • . . city . . . . 00 . . . . General . . . . . . • DECEMBER LibraryOperatingi Budget Fund 311 �7Fire District Operating Funds �r��r CITY OF RANCHO CUCAMONGA r FudSpn n h Generalasot General Fund Budget* YT D Actual* Percent Revenues $ 89, 394, 500 $ 27, 155,093 30% lExpen&ures $ 90,768,082 $ 38, 3651174 42% *Includes carryover purchase orders. • Accounts for: • Projected impacts of COVID-19 pandemic on revenues and expenditures Q • Planned use of $700,000 in reserves to 4aQ ,�� o oPoe balance budget 0 0 To p Seve n Reve n u es FY 2019120 (25.12%) (11. Vehicle license fees Propertytax $20,279,320 $9,672,760 sr5.71 Development fees io� 0 Transient $4,180,000 (40- 32%/} 8.29/J occupancy 3.4401) Franchise fees taxes Business licenses Sales tax $32,552p450 $6,652,070 $4,613,410 $2,779,690 • 91% of total General Fund revenues ($80, 729, 730) To p Seve n Reve n u es FY 2020121 (9.67%) (i 3.09%) Franchise Propertytax fees $10,082,200 $7,445,070 (3,b156J (37.33%) Business licenses (27.56%) (G•,3.5961 $2,779,690 Sales tax DevelopmerYt Vehicle license fees fees (2,-896) 81744,580 $21,223,690 $4,892,500 TOT $1,835,530 • 86% of total General Fund revenues ($77,003,260) • Decrease in percentage is due to combining of Community Services activities into the General Fund as well as COVID-19 pandemic impacts Top Seven Revenues (continued Sales Tax -12% 32% 40% FY 2019/20- M I DYEAK FY 2020/21- M I DYEAR Budget YTD Actual BE Top Seven Revenues (continued • Sales tax • Increase in collection percentage is due to: • Adoption of conservative budget to reflect the impacts of COVID-19 • Higher than anticipated receipts from the countywide use tax pool • Recent legislative change to tax internet purchases • CA consumers shift to online shopping due to pandemic • Reversal of a prior year accounting adjustment for two misallocations of sales tax revenue ($496,000) pending adjustment by the State in current year to net to zero impact on FY 2020/21 • Current year misallocation, BY THE STATE, overstated 3Q2020 receipts ($350,000) • Change in allocation methodology by the State Top Seven Revenues (continued) • Sales tax (continued) • Significant recovery not anticipated until the latter part of FY 2021/22 • Business types impacted most heavily by the pandemic in recent months include: • Casual and fine dining eateries; fuel and service stations • The list of businesses closing continues to grow, approaching levels the City has never seen before • While the City is weathering the storm fairly well due to the increases in the countywide use tax pool allocations, our position is precarious and there is reason for concern • Anticipate sales tax will end the fiscal year slightly ahead of budget Top Seven Revenues (continued Vehicle License Fees` 0 , FY 2019/20-M IDYEAR FY 2020/21-M IDYEAR Budget YTD Actual *Includes Property tax in-lieu of VLF Top Seven Revenues (continued • Vehicle License Fees (VLF) • As of current date, no VLF has been received from the State which is consistent with prior year • The VLF relates to excess amounts collected by the State for the prior fiscal year, and it has typically been received during the third quarter of our fiscal year • Property tax-in-lieu of VLF is received after midyear • Anticipated to exceed budget by $96,910 Top Seven Revenues (continued Franchise Fees $7,445,070 $6,652,070 i d� 17% 17 FY 2019/20-M I DYEAR FY 7020/21-MIDYEAR Budget YTD Actual Franchise Fees • Largest components received in April for gas and electric utilities • Possible increase in franchise fees from utilities * People staying home and conditioning their home spaces • Franchise fees from waste ement and cable are Top Seven Revenues (continued) generally budget yt �r��r CITY OF RANCHO CUCAMONGA r Top Seven Revenues (continued Property Tax 1 1 ' 11 • .1 52% ° 1 I ,r ii FY 2019/20-M IDYEAR FY 2020/21-M IDYEAR Budget Y-FD Actual Top Seven Revenues (continued) • Property tax • Budget includes post-RDA property tax revenue of $2,.543,990 • Normally, this revenue is received in January and June • January payment was received early (December 2020), consistent with the prior fiscal year • Overall, property tax revenues will be in line with budget as of fiscal year end CITY OF RANCHO CUCAMONGA Top Seven Revenues (continued Development Fees 79% • • • 50% FY 2019/20-M I DYEAR FY 2020f 21-MIDYEAR Budget YTD Actual Top Seven Revenues (continued • Development Fees • Plan check and engineering fees are coming in slower than anticipated, with collection percentages of 33.3% and 37.8%, respectively, as of midyear • Plan check fees - $357,500 decrease anticipated (80% of budget) • Planning fees are in line with budget at 51.7% collected • Building permits are exceeding budget as of midyear with a collection percentage of 74.6% • Anticipate ending the year at 130% of budget, a $450,000 increase Top Seven Revenues (continued Business Licenses I 58% 54% FY 2019/20-MIDYEAR FY 2020/21-MIDYEAR Budget YTD Actual Top Seven Revenues (continued) • Business Licenses • Generally, on track with projections • Revenue from penalties impacted by 120-day deferral • Collection of prior year amounts impacted by recent FTB suspension of Interagency Intercept Collection Program until 7/31/2021 Top Seven Revenues (continued Transient Occupancy Taxes (TOT) -60% 39% 62% FY 2019 f 20-MIDYEAR FY 2020/21-M IDYEAR ■ Budget ■ YTD Actual Top Seven Revenues (continued • Transient Occupancy Taxes • Occupancy rates / average daily rates $140 $137.14 90% 77.50% 80% $135 68.80% 70% $130 8.77 - 60% M � co a $125 _ 50% 1$123.2 48.50% o as $120 40% � u Q 30% $115 — 20% $110 10% $105 0% Year-to-Date December FY 2019/20 FY 2020/21 Top Seven Revenues (continued • Transient Occupancy Taxes (continued) • YTD receipts are tracking about 36% less than prior year • Revenues estimated at 40% of pre-COVID levels • One major hotel temporarily closed in late March 2020; recently started accepting guests in August 2020 • Annualizing YTD revenues indicates revenue estimate for FY 2020/21 may be slightly exceeded • City approved entitlements for two new hotels • One has pulled permits and is under construction; anticipate opening first part of next calendar year • Second hotel unable to secure financing due to the pandemic • Possible revenue for half a year in FY 2022/23 COVID - Related Other Revenue Impacts • CJUHSD agreement — cost-sharing amount reduced by half • CARES Act funding allocated by S. B. County Board of Supervisors ($2, 167, 193) • Replenish planned use of reserves • Offset cost of Public Safety Facility Other Operational Impacts • Community Services Department • As of midyear, staff have a better picture of what programming will look like for the remainder of the fiscal year • Net proposed expenditure reductions of $4.3 million • Adopted revenues have a corresponding decrease of approximately $4.7 million • Recreation fees, other lease/rental income, ticket sales OtherOperational (continued) • Community Services Department (continued) • Net expenditure reductions were less than net revenue reductions due to: • Consultant contract to review operations ($225,000) • Park Rangers/Monitors part-time staffing costs to monitor compliance with COVID-related restrictions ($65,000) • Part-time staffing for COVID vaccine and testing site activity as well as Central Park operations ($50,000) • Continued support of full-time positions for the Department • The Department's operations will be revisited at the end of the third quarter to determine if any further \adjustments, positive or negative, are warranted General Fund Revenues - Overall • Projected increases and decreases will net to an overall decrease of $311161690 • Adjustment to Community Services Department (CSD)'s activities contributed $4,716,920 towards this decrease • Non-CSD revenue netted an increase of $1,600,230 • Sales tax, TOT, development fees • One-time grant reimbursement revenue of $739,630 • Eliminates the need to use reserves Departmental Expenditures General Fund % Spent by Department As of 12/31/2020 (50 of YearCormplete) Admin. Services 41`16 Animal Care & Srvcs 49`l Building & Safety 67` City Clerk 48`l6 City Coundl 39`16 City Management 49% Comm. Improv, 62% Ccmmunity S rvcs 29`16 Econ/Comm Dev 53% Engineering M 64% Planning � 65% Police 4s Public Works 1 70% Records Mgmt, 1.5` 00/0 20% 4D% 60% 80% Departmental Expenditures (continued) • In an effort to combat the negative economic impacts of the COVID-19 pandemic, various budget reductions were incorporated into the budget • 32% reduction in FTEs for part-time staff • 10% reduction in full-time staff • Reduced hours of operations at various City facilities • Closure of certain City facilities, including the Lewis Family Playhouse � 1 CITY OF RANCHO CUCAMONGA Departmental Expenditures (continued) • Although operating with reduced budgets, departmental expenditures are generally consistent with prior year (% spent) and on target as of midyear • Factors contributing to slightly higher percentage expended/encumbered : • Annual contracts fully encumbered at beginning of year • Certain overhead cost allocations completely allocated at beginning of year Departmental Expenditures (continued) • Departments with the more significant variances in the percentage spent are: • Records Management (CY.• 15% PY.• 36%) : 2020 General Election budgeted and not yet expended • Animal Care and Services (CY.• 49°0; PY.• 59%): Budgetary savings as of midyear due to full-time and part-time vacancies as well as some reduced operational costs due to COVID-related restrictions • Savings of $400,000 anticipated for the year Departmental Expenditures (continued) • Community Services (CY.• 29% PY.• 53%) : Recreational and community activities combined into General Fund; heavily impacted by COVID-19 • Net proposed expenditure reductions total approximately $4.3 million • Part-time salaries; operations and maintenance; contract services • Dramatically scaled back programming currently in place COVID - Related Expenditure Impacts • Unemployment claims have increased significantly • Result of reduction in force • Some relief from Federal CARES Act (50%) • Received billing for first quarter • Anticipate claims remaining at the same level for the second and third quarters of the year, with a doubled amount for the fourth quarter due to the sunset of the Federal credit on March 13, 2021 • Personnel overhead costs are projected to increase approximately $797,910 lFund -Genera Overall • Potential savings by end of fiscal year • Salary savings due to personnel vacancies • Operational savings due to reduced services and/or temporary closures due to the COVID-19 pandemic • Partially offset by: • Cost increases in part-time salaries, overtime, and contract services for backfilling of vacant positions • Costs incurred to address damage caused by recent windstorms • Unanticipated reimbursement of a portion of a prior year Administrative Fee to the RDASA based on direction from the Countywide Oversight Board General Fund Expenditures Overall • Net projected savings in the various COST KEPUCTION departmental budgets have resulted in a projected $3,817,860 decrease in the General Fund's total expenditure budget • Overall, the General Fund's operations are anticipated to end the fiscal year with net funds available in the amount of $311,280 Library Fund Snapshot Library Fund Budget* YTD Actual* Percent Revenues 61208,820 2 827 225 46% Ex enditures 6 261, 594 3 154, 245 50% *Includes carryover purchase orders. Library Fund Snapshot (continued) • Property tax makes up approximately 82% of the Library's budget • Includes a statutory pass-through from the County RPTTF received twice per fiscal year (previously distributed by the former Redevelopment Agency) • Pass-through represents 35.7% of property tax revenue • Includes additional post-RDA property tax revenues due to elimination of former RDA (2.9% of property tax revenue) Library Fund Snapshot (continued) • Library expenditures are anticipated to be $649,600 less than budgeted • Savings anticipated for: • Reduction in part-time salaries due to suspension of in- person programming impacted by COVID-19 pandemic • Budgeted transfer to Library Capital Fund reduced by $300,000 due to corresponding decrease in Library Foundation's donation for Second Story project • Offset by transfer of $458,600 of projected expenditure savings to Library Capital Fund Library Fund Snapshot (continued) • Cost savings were also offset by an increased cost for a library-materials vending machine that was partially funded by the CARES Act • Revenues are anticipated to be $387, 100 less than budgeted due to reduced contributions and passport revenues, with an offsetting transfer in from the CARES Act Fund to cover 50% of the vending machine • Overall, the Library's operations are anticipated to net funds available in the amount of $262,500 Fire District Operating Funds Snapshot Fire District Budget* YTD Actual* Percent Revenues $ 41,452,310 $ 21,985,205 53% Expenditures $ 41,993, 557 $ 21,689,866 52% *Includes carryover purchase orders. • Includes General Fund, CFD 85-1 and CFD 88-1 00, ],won 6. CITY OF RANCHO CUCAMONGA Fire District Operating Funds Snapshot (continued) • Property tax makes up approximately 89% of the Fire District's budget (consistent with the prior year) • Includes post-RDA property tax revenues due to elimination of RDA (statutory pass-through) • The full amount of the pass-through is allocated on a percentage basis between the Fire District's operating funds and its capital fund based upon the operating budget needs of the Fire District each fiscal year Fire District Operating Funds Snapshot (continued) • Increased revenues are anticipated for strike team reimbursements • Overall, the Fire District will end with a balanced budget by the usage of $527,030 in CFD 85-1 reserves or, depending on the reimbursements, may end with a surplus 18� CITY OF RANCHO CUCAMONGA Summary • General Fund and Library Fund's revenues and expenditures will need to be adjusted to reflect the known and estimated impacts of the COVID-19 pandemic • Both funds are projected to ultimately end the year with net positive financial results due to numerous contributing factors, including non-recurring grant revenue • Continue to proceed with caution into next fiscal year CITY OF RANCHO CUCAMONGA Summary • Fire District's revenues are on track or slightly ahead of projections, and expenditures are on track with or slightly below historical norms • FY 2021/22 budget expected to potentially grow slightly, albeit conservatively .��_ �� 5 �� � - � r .� r 1 .r CITY OF RANCHO CUCAMONGA $l DATE: March 3, 2021 TO: Mayor and Members of the City Council FROM: John R. Gillison, City Manager INITIATED BY: William Wittkopf, Public Works Services Director Jeff Benson, Interim Parks and Landscape Superintendent Kenneth Fung, Assistant Engineer SUBJECT: Consideration of a Contract with Southern California Landscape, Inc. for the "LMD-2 Victoria-Water Conservation/Landscape Renovation FY 20- 21 Project" in the Amount of$633,810.00. (CITY) RECOMMENDATION: Staff recommends that the City Council approve the plans and specifications, accept the bids received, award and authorize the execution of a contract in the amount of $633,810.00 (Base Bid plus Additive Bid) for the "LMD-2 Victoria —Water Conservation / Landscape Renovation FY 20-21 Project" to the lowest responsive bidder, Southern California Landscape, Inc. of Fontana; authorize the expenditure of a contingency in the amount of $64,190.00 and appropriate $298,000.00 into account number 1131303-5650 from the Landscape Maintenance District 2 (LMD-2) fund balance. BACKGROUND: In FY 13-14, the Architerra Design Group was awarded the contract to develop the original conceptual landscape design and plant pallet to implement future drought tolerant landscape projects for LMD-2 and LMD-4R. With these details, the City was able to install the first phase of drought tolerant pilot projects. These projects included the Base Line Road median from Haven Avenue to Milliken Avenue completed in September 2014, the Terra Vista Parkway median conversion from Hampton Place to Greenwich Place completed in August 2015, the south side segment of Base Line Road between Haven Avenue and Spruce Avenue completed June 2017, and the Civic Center Landscape Renovation completed in August 2017. These projects were the first to implement the drought tolerant landscape and see what could work for the City and the community. With the success of these projects, the Public Works team is ready to start with another series of drought tolerant conversion projects. In FY 18-19, the Architerra Design Group was awarded a new contract to prepare a phasing plan that included complete construction drawings and specifications for LMD-2 and LMD-4R to transform the existing landscaping to be more drought tolerant. The current project plans and design include an update to the existing landscaping along both sides of Kenyon Way from Victoria Park Lane to Lark Drive, (Base Bid), plus the landscape along both sides of Lark Drive from Kenyon Way to Rochester Avenue with the exception of the Ranch Cucamonga High School (RCHS) frontage, (Additive Bid). Public Works staff wants to complete these to projects while RCHS students attend from home, so there are limited impacts to the residents and students. Page 209 The existing turf dominate landscaping will be replaced by drought tolerant options such as low water use plant material, cobblestone, and decomposed granite. Likewise, the existing overhead spray-based irrigation system will be updated with a more efficient irrigation system. To ensure continuity in the neighborhoods' appearance, all the mature and healthy trees within the project scope will be left untouched. This project, along with the LMD-4R Terra Vista —Water Conservation / Landscape Renovation FY 20-21 Project, will set in motion a multi-year program for turf renovation scheduled for the next couple of years. ANALYSIS: Eleven (11) bids for this project were opened at 2:00 pm on Tuesday, December 15, 2020, with a summary of the results found in Attachment 1 — Bid Summary. The design group's project estimate for the Base Bid work along Kenyon Way was $400,000.00 and the Additive Bid work along Lark Drive was $395,000.00, totaling $795,000.00. With the bids results for the Base Bid and Additive Bid totaling $633,810.00 and Rancho Cucamonga High School students currently attending from home, Public Works is requesting the additional appropriation to maximize the work performed in the area while students are not present. Staff has completed the required background investigation and finds that the lowest responsive bidder, Southern California Landscape, Inc. of Fontana, has met the requirements of the bid documents. The project, (Base Bid plus Additive Bid), is anticipated to be completed within ninety (90)working days. Staff is also requesting authorization for an additional expenditure of $64,190.00 as a contingency for any unforeseen discoveries found during construction. FISCAL IMPACT: The Fiscal year 2020-21 adopted budget for this project is$400,000.00 to be funded from account number 1131303-5650, LMD-2. An additional $298,000.00 will need to be appropriated from LMD-2 funds balance to award these two projects and have a contingency. However, once this project has been completed, the annual irrigation and landscape maintenance costs for Kenyon Way and Lark Drive, within the project limits, will be reduced. COUNCIL MISSION /VISION / GOAL(S) ADDRESSED: This project reflects the City's core values by promoting and enhancing the appearance and high quality of life along Kenyon Way and Lark Drive while preserving the affected neighborhoods' family-oriented atmosphere. ATTACHMENTS: Attachment 1 - Bid Summary Attachment 2 - Project Contract Page 2 Page 210 DECEMBER 15,2020 BID OPENING SUMMARY LIVID-2 VICTORIA-WATER CONSERVATION/LANDSCAPE RENOVATION FY 20,21 PROJECT BASEBID:KENYONWAY LANDSCAPING Southern California Los Angeles Engineering, Environmental Construction, WORK Landscape,Inc. Conserve Landscape Mariposa Landscape,Inc. Aramexx Construction cost written Clean Cut Landscape,Inc. FS Contractors,Inc. Marina Landscape,Inc. KASA Construction Inc. Seniticca Construction Inc. cost written Inc. cost written Average of item Description City Unit Unit Price Cost Unit Price Cast Unit Price Cost Unit Price Cost in bid Unit Price Cost Unit Price Cost Unit Price Cost Unit Price Cost Unit Price Cost Unit Price Cost in bid Unit Pice Cost in bid Unit Prices proposal proposal proposal 1 Sa-t 48(F) LF $5.00 $240.00 $10.00 $480.00 $27.35 $1,322.40 $20.00 $960.00 $3.00 $144.00 $5.00 $240.00 $6.00 $288.00 $6.00 $288.00 $2.00 $96.00 $30.00 $1,440.00 $10.00 $480.00 $11.32 2 Remove Existing Irrigation System 41923 jFj SF $0.10 $4,192.30 $0.10 $4,192.30 $0.26 $10,899.98 $1.00 $41,923.00 $0.50 $20,961.50 $0.20 $8,394.60 $0.20 $8,384.60 $0.25 $10,480.75 $0.10 $4,192.30 $0.50 $20,961.50 $0.20 $8,384.60 $0.31 4 Kill and Remove Exisitng Turf 18834 jFj SF $1.60 $30,134.40 $0.50 $9,417.00 $0.67 $12,618.78 $1.20 $22,600.80 $0.50 $9,417.00 $1.00 $18,834.00 $0.75 $14,125.50 $1.00 $18,834.00 $1.00 $18,834.00 $1.25 $23,542.50 $0.40 $7,533.60 $0.90 5 Remove Exisitng Vegetation 16872 LFL F $0.75 $12,654.00 $0.50 $8,436.00 $1.92 $32,394.24 $2.00 $33,744.00 $1.50 $25,308.00 $0.50 $8,436.00 $2.20 $37,118.40 $0.75 $12,654.00 $1.00 $16,872.00 $0.75 $12,654.00 $0.70 $11,810.40 $1.14 6 Remove Existing Concrete 30 jFj SF $20.00 $600.00 $10.00 $300.001 $70.55 $2,116.501 $25.00 $750.00 $25.00 $750.00 $10.00 $300.00 $28.00 $840.00 $25.00 $750.00 $15.00 $450.001 $150.00 $4,5DO-DOI $5.D0 $150.D0 $34.87 Fine Grading Only(D.G.,Concret, 7 Cobble Only 17221(F)l 5F I 1 $0.151 $2,583.15 1 $1.001 $17,221.00 $2.10 $36,164.10 $0.50 $8,610.50 $1.25 $21,526.25 $0.50 $8,610.50 $2.50 $43,052.50 $0.751 $12,915.75 $1.00 $17,221.00 $1.00 $17,221.00 $0.20 $3,444.20 $1.00 8 6"Concrete Headers 995(F) LF $12.00 $11,940.00 $22.00 $21,890.00 $11.29 $11,233.55 $17.00 $16,915.00 $15.00 $14,925.00 $35.00 $34,825.00 $20.00 $19,900.00 $28.00 $27,860.00 $30.00 $29,850.00 $32.00 $31,840.00 $15.00 $14,925.00 $21.57 9 Grouted River Cobble 1835(F) SF $10.D0 $18,350.00 $9.00 $16,515.00 $10.72 $19,671.20 $10.00 $18,350.00 $12.00 $22,020.00 $20.00 $36,700.00 $15.00 $27,525.00 $12.00 $22,020.00 $15.00 $27,525.00 $21.00 $38,535.00 $17.00 $31,195.00 $13.79 10 48"Landscape Boulder 7 EA $350.00 $2,450.00 $250.00 $1,750.00 $593.89 $4,157.23 $250.00 $1,750.00 $300.00 $2,100.00 $600.00 $4,200.00 $400.00 $2,800.00 $225.00 $1,575.00 $500.00 $3,500.00 $700.00 $4,900.00 $250.00 $1,750.00 $401.72 11 60"Landscape Boulder 11 EA $400.00 $4,400.00 $350.00 $3,850.00 $783.05 $8,613.55 $350.00 $3,850.00 $350.00 $3,850.00 $1,000.00 $11,000.00 $585.00 $6,435.00 $425.00 $4,675.00 $700.00 $7,700.00 $900.00 $9,900.00 $420.00 $4,620.00 $569.37 Concrete Paving-4"Medium Broom 12 Finish 30 5F $50A0 $1,500.00 $30.00 $900.00 $61.02 $1,830.60 $50.00 $1,500.00 $12.00 $360.00 $25.00 $750.00 $25.00 $750.00 $38.00 $1,140.00 $40.00 $1,200.00 $155.00 $4,650.00 $10.00 $300.00 $45.D9 13 24"Box Tree 25 EA $405.00 $10,125.00 $400.00 $10,000.00 $437.36 $10,934.00 $425.00 $10,625.00 $250.00 $6,250.00 $350.00 $8,750.00 $351.00 $8,775.00 $570.00 $14,250.00 $400.00 $10,000.00 $850.00 $21,250.00 $685.00 $17,125.00 $465.76 14 36"Box Tree 3 EA $905.00 $2,715.00 $900.00 $2,700.001 $1,199.93 $3,599.791 $800.00 $2,400.00 $300.00 $900.00 $800.00 $2,400.00 $826.001 $2,478.00 $1,250.00 $3,750.001 $650.00 $1,950.00 $1,400.001 $4,200.001 $735.00 $2,205.00 $887.81 15 1Gallon Shrub 2154 EA $8.00 $17,232.00 $15.00 $32,310.00 $10.39 $22,380.06 $7,50 $16,155.00 $10.00 $21,540.00 $12.00 $25,848.00 $7.40 $15,939.60 $9,00 $19,386.001 $15.00 $32,310.00 $10.00 $21,540.00 $13.00 $28,002.00 $10.66 16 3Gallon Shrub 211 1 EA 11 $35.00 $735.00 1 $25.001 $525.00 $23.26 $488.46 $15.00 $315.00 $12.00 $252.00 $20.00 $420.00 $17.00 $357.00 $28.00 $588.00 $22.00 $462.00 $20.00 $420.00 $30.001 $630.001 $22.48 17 5Gallon Shrub 788 EA $23.00 $18,124.00 $25.00 $19,700.00 $21.91 $17,265.08 $20.00 $15,760.00 $32.00 $25,216.00 $25.00 $19,700.00 $17.50 $13,790.00 $17.00 $13,396.00 $27.50 $21,670.00 $23.00 $18,124.00 $23.00 $18,124.00 $23.17 18 15 Gallon Shrub 1 EA $85.00 $85.00 $80.00 $80.90 $94.37 $84.37 $150.00 $150.00 $140.00 $140.00 $175.00 $175.00 $50.00 $50.00 $155.00 $155.00 $125.00 $125.00 $150.00 $150.00 $135.00 $135.00 $120.87 19 3"Bark Mulch 25213(F) SF $0.60 $15,127.80 $0.50 $12,606.50 $0.61 $15,379.93 $0.50 $12,606.50 $0.32 $8,068.Ifi $0.70 $17,649.10 $1.10 $27,734.30 $0.60 $15,127.80 %.52 $13,110.76 $0.75 $18,909.75 $0.30 $7,563.90 $0.59 20 3"Stabiliized Decomposed Granite 11995 SF $1.75 $20,991.25 $3.00 $35,985.00 $1.29 $15,473.55 $4.00 $47,980.00 $2.25 $26,988.75 $2.00 $23,990.00 $1.50 $17,992.50 $2.75 $32,986.25 $2.50 $29,987.50 $1.50 $17,992.50 $1.50 $17,992.50 $2.19 3"Un-Stablided(Permeable) 21 Decomposed Granite 2863 SF $1.50 $4,294.50 $2.50 $7,157.50 $2.25 $6,441.75 $3.00 $8,589.00 $1.75 $5,010.25 $2.00 $5,726.00 $1.10 $3,149.30 $2.25 $6,441.75 $2.25 $6,441.75 $1.00 $2,863.00 $1.00 $2,863.00 $1.87 22 Retrofit Automatic Irrigation System 25213 SF $1.80 $45,383.40 1 $4.50 $113,458.50 $3.21 $80,933.73 $2.50 $63,032.50 $2.50 $63,032.50 $2.60 $65,553.80 $3.50 $88,245.50 $4.50 $113,458.50 $5.10 $128,586.30 $4.00 $100,852.00 $4.70 $118,501.10 $3.54 23 Irrigation Smart Controller 1 EA $9,400.00 $9,400.00 $7,500.001 $7,500.00 $10,083.45 $10,083.45 $10,000.00 $10,000.00 $7,500.00 $7,500.00 $10,000.00 $10,000.00 $12,590.00 $12,590.00 $16,000.00 $16,000.00 $10,000.00 $10,000.00 $11,000.00 $11,000.00 $7,525.00 $7,525.00 $10,145.31 24 1"quick Coupler Valve in Valve Box 7 EA $350.00 $2,450.00 $500.00 $3,500.00 $200.36 $1,402.52 $250.00 $1,750.00 $750.00 $5,250.00 $350.00 $2,450.00 $320.00 $2,240.00 $250.00 $1,750.00 $250.00 $1,750.00 $225.00 $1,575.00 $200.00 $1,400.00 $331.40 25 1"Remote Control Valve in Valve Box 6 EA $1,200.00 $7,200.00 $500.00 $3,000.00 $399.40 $2,396.40 $500.00 $3,000.00 $1,750.00 $10,500.00 $400.00 $2,400.00 $400.00 $2,400.00 $425.00 $2,550.00 $350.00 $2,100.00 $350.00 $2,100.00 $323.00 $1,938.00 $599.76 26 2"Remote Control Valve in Valve Box 7 EA $1,400.00 $9,800.00 $700.00 $4,900.00 $538.11 $3,766.77 $600.00 $4,200.00 $2,000.00 $14,000.00 $500.00 $3,500.00 $710.00 $4,970.00 $550.00 $3,850.00 $450.00 $3,150.00 $400.00 $2,800.001 $435.00 $3,045.00 $753.01 27 2"Ball Valve in Valve Box 3 EA $750.00 $2,250.00 $700.00 $2,100.00 $423.86 $1,271.58 $1,200.001 $3,600.00 $500.00 $1,500.00 $500.001 $1,500.00 $475.00 $1,425.001 $470.001 $1,410.00 $450.00 $1,350.00 $450.00 $1,350.00 $750.00 $2,250.00 $606.26 28 90 Day Maintenance Period 25213(F) SF $0.18 $4,538.34 $0.10 $2,521.30 $0.07 $1,764.91 $0.20 $5,042.60 $0.55 $13,867.15 $0.30 $7,563.90 $0.20 $5,042.60 $0.25 $6,303.25 $0.15 $3,781.95 $0.15 $3,781.95 $1.00 $25,213.00 $0.29 29 Mobilization 1 I IS $9,820.00 $9,820.00 $7,000.00 $7,000.00 $11,623.22 $11,623.22 $30,000.00 $30,000.00 $22,527.00 $22,527.00 $25,000.00 $25,000.00 $30,000.00 $30,000.00 $44,000.00 $44,000.00 $7,500.00 $7,500.00 $90,000.00 $90,000.00 $50,000.00 $50,000.00 $29,770.02 30 Traffic Control 1 1 LS $9,500.00 $9,500.00 $15,000.00 $15,000.00 $16,800.44 $16,800.44 $20,000.00 $20,000.00 $9,100.00 $9,100.00 $5,000.00 $5,000.00 $15,000.00 $15,000.00 $12,000.00 $12,000.00 $4,500.00 $4,500.00 $1,000.00 $1,000.00 $25,000.00 $25,000.00 $12,081.86 Photo/Video Record of Project Site Before Start of Work per Demolition 31 Note 3 of Project Plans 1 LS $13DO.D0 $8000) $500.00 $500.00 $508.22 $508.22 $100.00 $100.00 $1,500.00 $1,500.00 $1,000.00 $1,000.00 $1,000.00 $1,000.00 $500.00 $500.00 $500.00 $500.00 $500.00 $500.00 $1.00 $1.00 $628,11 BASE BID TOTAL= $279,615.141 $365,495.101 1$363,620.56 $406,258.90 1$364,503.56 $3fi0105.90 $414,397.60 $421,095.051 $406,715.56 $490,55210 $414,106.301$415,105.30 IF)means that bid quantities are"Final".Aka contractor cannot later say that the actual installed quantity is higher or lower than that listed on the bid proposal. Page 211 ATTACHMENT ADDITIVE BID:LARK DIRVE LANDSCAPING Southern California Los Angeles Engineering, Environmental Construction, WORK Landscape,Inc. Conserve Landscape Mariposa Landscape,Inc. Ammexx Construction Clean Cut Landscape,lnc. FS Contractors,Inc. Marina Landscape,Inc. KASA Construciton Inc Seniticca Construction Inc. Inc. Average of item Description City Unit Unit Price Cost Unit Price Cost Unit Price Cost Unit Price Cost cost in bid Unit Price Cost Unit Price Cost Unit Price Cost Unit Price Cost Unit Price Cost Unit Price Cost cost in bid Unit Price Cost cost in bid Unit Prices proposal proposal proposal 32 Sawcut 156 o LF $5.00 $780.00 $10.00 $1,560.00 $9.54 $1,488.24 $20.00 $3,120.00 $3.00 $468.00 $5.00 $780.00 $6.00 $936.00 $10.00 $1,560.00 $2.00 $312.00 $15.00 $2,340.00 $10.00 $1,560.00 $8.69 33 Remove Existing Irrigation System 48621 jF) SF $0.10 $4,862.10 $0.10 $4,862.10 $0.21 $10,210.41 $0.65 $31,603.65 $0.50 $24,310.50 $0.20 $9,724.20 $0.10 $4,862.10 $0.25 $12,155.25 $0.10 $4,862.10 $0.50 $24,310.50 $0.20 $9,724.20 $0.26 34 Kill and Remove Exisitng Turf 10266 jF) SF $1.60 $16,425.60 $0.50 $5,133.00 $0.63 $6,467.58 $1.00 $10,266.00 $1.00 $10,266.00 $1.00 $10,266.00 $0.70 $7,186.20 $1.00 $10,266.00 $1.00 $10,266.00 $1.25 $12,832.50 $0.40 $4,106.40 $0.92 35 Remove Existing Vegetation 32429 jF) SF $0.95 $30,807.55 $0.50 $16,214.50 $1.00 $32,429.00 $1.40 $45,400.60 $1.50 $48,643.50 $0.50 $16,214.50 $0.80 $25,943.20 $0.85 $27,564.65 $1.00 532,429.00 $0.75 $24,321.75 $0.60 $19,457.40 $0.90 36 Remove Existing Concrete 70 jF) 5F $20.00 $1,400.00 $10.00 $700.00 $25.76 $1,803.20 $25.00 $1,750.00 $25.00 $1,750.00 $10.00 $700.00 $28.00 $1,960.00 $17.00 $1,190.00 $15.00 $1,050.00 $150.00 $30,500.00 $5.00 $350.00 $30.07 Fine Grading Only(D.G.,Concret, 37 Cobble Only 13632(F) SF $0.15 $2,044.80 $1.00 $13,632,00 $3.10 $42,259.20 $0.50 $6,816.00 $1.25 $17,D40.00 $0.50 $6,816.00 $2.50 $34,080.00 $1.00 $13,632.00 $1.00 $13,632.00 $1.00 $13,632.00 $0.20 $2,726.40 $1.11 38 6"Concrete Headers 1477 IF)I LF I 1 $12.00 $17,724.00 1 $22.001 $32,494.00 $9.68 $14,297.36 $14.001 $20,678.00 $15.00 $22,155.00 $35.00 $51,695.00 $20.00 $29,540.00 $28.001 $41,356.00 $30.00 $44,310.00 $30.00 $44,310.00 $15.001 $22,155.00 $20.97 39 Grouted River Cobble 517fi jF) SF $12.00 $62,112.00 $9.00 $46,584.00 $8.31 $43,012.56 $9.00 $46,584.00 $11.00 $56,936.00 $20.00 $103,520.00 $15.00 $77,640.00 $12.00 $62,112.00 $14.00 $72,464.00 $20.00 $103,520.00 $10,340.00 $17.00 $87,992.00 $13.39 40 48"Landscape Boulder 17 EA $350.00 $5,950.00 $250.00 $4,250.00 $593.89 $10,096.13 $250.00 $4,250.00 $300.00 $5,100.00 $600.00 $10,200.00 $400.00 $6,800.00 $230.00 $3,910.00 $500.00 $8,500.00 $700.00 $11,900.00 $250.00 $4,250.00 $402.17 41 60"landscape Boulder 13 EA $400.00 $5,200.00 $350.00 $4,550.00 $783.05 $10,179.65 $350.00 $4,550.00 $350.00 $4,550.00 $1,000.00 $13,000.00 $585.00 $7,605.00 $440.00 $5,720.00 $700.00 $9,100.00 $900.00 $11,700.00 $420.00 $5,460.00 $570.73 Concrete Paving-4"Medium Broom 42 Finish 70(F) SF $30.00 $2,100.00 $30.00 $2,100.00 $29.09 $2,036.30 $50.00 $3,500.00 $12.00 $940.00 $25.00 $1,750.00 $25.00 $1,750.00 $30.00 $2,100.00 $20.00 $1,400.00 $65.00 $4,550.00 $10.00 $700.00 $29.64 43 24"Box Tree 4 EA $345.00 $1,380.00 $400.00 $1,600.00 $335.78 $1,343.12 $400.00 $1,600.00 $250.00 $1,000.00 $350.00 $1,400.00 $276.00 $1,104.00 $600.00 $2,400.00 $400.00 $1,600.00 $600.00 $2,400.00 $685.00 $2,740.00 $421.98 44 36"Box Tree 41 EA $845.00 $34,645.00 $900.00 $36,900.00 $1,239.02 $50,799.82 $750.00 $30,750.00 $300.00 $12,300.00 $800.00 $32,800.00 $905.00 $33,005.00 $1,235.00 $50,635.00 $650.00 $26,650.00 $1,200.00 $49,200.001 $735.00 $30,135.00 $859.91 45 1Gallon Shrub 1262 EA $8.00 $10,096.00 $15.00 $18,930.00 $10.91 $13,768.42 $7.00 $8,834.00 $10.00 $12,620.00 $12.00 $15,144.00 $7.75 $9,780.50 $9.00 $11,358.00 $15.00 $18,930.00 $9.00 $11,358.00 $12.00 $15,144.00 $10.51 46 13Gallon Shrub 32 EA $35.00 $1,120.00 $25.00 $800.00 $22.65 $724.80 $15.00 $480.00 $12.001 $384.001 $20.00 $640.00 $18.50 $592.00 $28.00 $896.00 $22.00 $704.00 $22.00 $704.00 $30.00 $960.00 $22.74 47 5Gallon Shrub 7171 1 EA I 1 $2300 $16,491.001 11 $25.00 $17,925.00 $21.201 $15,200.40 $20,001 $14,340.00 $32.00 $22,944.00 $25.00 $17,925.00 $19.50 $13,981.50 $17.001 $12,189.00 $27.50 $19,717.50 $24.00 $17,208.00 $24.00 $17,208.00 $23.47 48 15 Gallon Shrub 170 EA $75.00 $12,750.00 $80.00 $13,600.00 $102.57 $17,436.90 $95.00 $16,150.00 $140.00 $23,800.00 $175.00 $29,750.00 $64.50 $10,965.00 $70.00 $11,900.00 $125.00 $21,250.00 $130.00 $22,100.00 $120.00 $20,400.00 $107.01 49 3"Bark Mulch 25742 jF) SF $0.60 $15,445.20 $0.50 $12,871.00 $0.69 $17,761.98 $0.50 $12,871.00 $0.32 $8,237.44 $0.70 $18,019.40 $1.35 $34,751.70 $0.60 $15,445.20 $0.52 $13,385.94 $0.75 $19,30630 $0.30 $7,722.60 $0.62 50 3"Stabiliized Decomposed Granite 6103 jF) SF $1.75 $10,680.25 $3.00 $18,309.00 $1.32 $8,055.96 $4.00 $24,412.00 $2.25 $13,731.75 $2.00 $12,206.00 $1.25 $7,628.75 $2.75 $16,783.25 $2.50 $15,257.50 $1.50 $9,154.50 $1.50 $9,154.50 $2.17 3"Un-Stablizied(Permeable) 51 Decomposed Granite 15"(F) SF $1.40 $2,161.60 $2.50 $3,860.00 $2.28 $3,520.32 $3.00 $4,632.00 $1.75 $2,702.00 $2.00 $3,088.00 $0.95 $1,466.80 $2.25 $3,474.00 $2.25 $3,474.00 $1.00 $1,544.00 $1.00 $1,544.00 $1.85 52 Retrofit Automatic Irrigation System 26742 jF) SF $1.55 $41,450.10 $3.50 $93,597.00 $2.24 $59,902.08 $2.00 $53,494.00 $2.65 $70,866.30 $2.601 $69,529.20 $2.50 $66,855.00 $3.50 $93,597.001 $5.00 $133,710.001 $2.75 $73,540.50 1 $3.50 $93,597.001 1 $2.39 53 Irrigation Smart Controller 1 EA $9,400.00 $9,400.001 $7,500.00 $7,500.00 $10,083.451 $10,083.45 $10,000.001 $10,000.00 $7,500.00 $7,500.00 $10,000.001 $10,000.00 $12,590.00 $12,590.00 $16,000.001 $16,000.00 $10,000.00 $10,000.00 $11,000.00 $11,000.00 $7,500.00 $7,500.00 $10,143.04 54 1"Quick Coupler Valve in Valve Box 7 EA $350.00 $2,450.00 $500.001 $3,500.00 $200.37 $1,402.59 $250.00 $1,750.00 $750.00 $5,250.00 $350.00 $2,450.00 $320.00 $2,240.00 $250.00 $1,750.00 $250.00 $1,750.00 $225.00 $1,575.00 $200.00 $1,400.D0 $331.40 55 1"Remote Control Valve in Valve Box 8 EA $1,200.00 $9,600.00 $500.00 $4,000.00 $399.39 $3,195.12 $500.00 $4,000.00 $1,750.00 $14,000.00 $400.00 $3,200.00 $400.00 $3,200.00 $420.00 $3,360.00 $350.00 $2,800.00 $300.00 $2,400.00 $333.00 $2,664.00 $595.67 56 2"Remote Control Valve in Valve Box 6 EA $1,400.00 $8,400.00 $700.00 $4,200.00 $538.11 $3,228.66 $600.00 $3,600.00 $2,000.00 $12,000.00 $500.00 $3,000.00 $710.00 $4,260.00 $550.00 $3,300.00 $450.00 $2,700.00 $375.00 $2,250.00 $435.00 $2,610.00 $750.74 57 2"Ball Valve in Valve Box 2 EA $750.00 $1,500.00 $700.00 $1,400.00 $417.56 $835.12 $1,200.00 $2,400.00 $500.00 $1,000.00 $500.00 $1,000.00 $475.00 $950.00 $470.00 $940.00 $450.00 $900.00 $525.00 $1,050.00 $750.00 $1,500.00 $612.51 58 90 Day Maintenance Period 26742 jF) SF $0.18 $4,813.56 $0.10 $2,674.20 $0.07 $1,871.94 $0.10 $2,674.20 $2,521.30 $0.50 $13,371.00 $0.30 $8,022.60 $0.18 $4,813.56 $0.25 $6,685.50 $0.15 $4,011.30 $0.15 $4,011.30 $1.00 $26,742.00 $0.27 SWPPP for Kenyon Way Landscaping Work and lark Drive landscaping 59 Work 1 LS $1,800.00 $1,800.00 $500.00 $500.00 $10,733.39 $10,733.39 $5,000,00 $5,000.00 $1,500.00 $1,500.00 $5,000.00 $5,000.00 $7,000.00 $7,000.00 $8,500.00 $8,500.00 $1,500.00 $1,500.00 $2,500.00 $2,500.00 $32,000.00 $32,000.00 $6,912.13 60 Mobilization 1 IS $10,300.00 $10,300.00 $2,500.00 $2,500.00 $11,623.22 $11,623.22 $10,000.00 $10,000.00 $22,527.00 $22,527.00 $5,000.00 $5,000.00 $18,000.00 $18,000.00 $17,000.00 $17,000.00 $7,500.00 $7,500.00 $2,000.00 $2,000.00 $25,000.00 $25,000.00 $11,95002 62 TraRic Control 1 LS $9,500.00 $9,500.00 $11,500.00 $11,500.00 $16,800.40 $16,800.40 $8,000.00 $8,000.00 $10,D00.00 $10,000.00 $5,000.00 $5,000.00 $10,000.00 $10,000.00 $9,000.00 $9,000.00 $4,500.00 $4,500.00 $1,0D0.00 $I,OD0.00 $25,OD0.00 $25,000.00 $10,027.31 Photo/Video Record of Project Site Before Start of Work per Demolition 63 Note 3 of Project Plans 1 IS I 1 $800.00 $800.00 $500.90 $500.90 $508.22 $508.22 $100.00 $100.001 $1,500.00 $1,500.00 $1,000.00 $1,000.00 $1,000.00 $1,000.00 $500.00 $500.00 $500.00 $500.00 $S00.001 $500.00 $1,000.00 $1,000.00 $718.93 ADDITIVE BID TOTAL= $354,188.76 $398,745.80 $423,075.54 $393,595.45 $393,422.55 $449,292.49 $468,839.90 $442,486.31 $467,278.851 $489,165.241 $498,718.551$405,538.55 $482,502.50 COMBINED BASE BID+ADDITIVE BID AMOUNT $633,803.90 $754,240.90 1$786,696.101 $799,854.35 $799,701.451 $813,796.05 $829,745.80 $856,884.11 i $888,373.90 1$895,880.80 i$989,270.75 $896,090.751 $896,608.80 $897,607.80 (F)means that bid quantities are"Final".Aka contractor cannot later say that the actual installed quantity is higher or lower than that listed on the bid proposal. Page 212 CITY OF RANCHO CUCAMONGA PUBLIC WORKS SERVICES DEPARTMENT CONTRACT LMD-2 VICTORIA - WATER CONSERVATION / LANDSCAPE RENOVATION FY 20-21 PROJECT AWARD DATE: Wednesday,March 3,2021 ATTACHMENT 2 &nbsp; &nbsp; Page 213 CITY OF RANCHO CUCAMONGA PUBLIC WORKS SERVICES DEPARTMENT RANCHO NOTICE INVITING BEDS FOR PROPOSAL, CUCAMONGA CONTRACT AND SPECIFICATIONS FOR LMD-2 VICTORIA - WATER CONSERVATION / LANDSCAPE RENOVATION FY 20121 PROJECT PREPARED BY: CITY OF RANCHO CUCAMONGA 10500 CIVIC CENTER DRIVE RANCHO C NGA,CALIFORNIA 1730 (90 )47 - 0 WILLIAM WITTKOPF PUBLIC WORKS SERVICES DIR CTOR &nbsp; &nbsp; Page 214 TABLE OF CONTENTS NoticeInviting Bids........................... ....................... ............ . . ... .. .... ....... .. ..........N-1 thru 4 Instructions to Bidders ..................... ........................... 1-1 thru 7 A. Proposals B. Delivery of Proposals C. Withdrawal of Proposals D. Disqualification of Bidders and Proposals E. Signature of Contractor F. Bid Bond G. Addendum H. Examination of Plans, Specifications, and Site of Work I. Estimated Quantities J. Competency of Bidder K. Award and Execution of Contract L. Return of Proposal Guarantee M. City Business License N. Equivalent Materials 0. Pre-Bid Meeting Bid Documents to Submit for Proposals Proposal ................ ... .... P-1 thru 17 Schedule of Unit Cost and Lump Sum Amounts Bidder Agreement Bidder Information Subcontractors Declaration of Eligibility to Contract Certificate of NonDiscrimination by Contractors NonCollusion Affidavit Bid Bonds Contract Agreement ........... ........... ....... .... C-1 thru 6 Faithful Performance Bond... ....... ............ Labor and Materials Bond ... ..... .......... .... .. .. .. ..... .. .... ... ...B-2 thru 3 Compensation insurance Certificate.... . ........ ..................................... INS-1 Maintenance Guarantee Bond............... ...... ... ................ •......MB-1 &nbsp; Page 215 Table of Contents SPECIAL PROVISIONS SPECIFICATIONS—Governed by"Green Book" Standard Specifications AMENDMENTS to"Green Book" Standard Specifications PART 1 -GENERAL PROVISIONS Section 1 -Terms, Definitions,Abbreviations, Units of Measure and Symbol....... .. ....... GP-1 Section 2- Scope and Control of the Work........................................................ .............GP-2 thru 4 Section3-Changes in Work................... ............................................................. ...................GP-5 Section 4-Control of Materials ........................................................................ .....-GP-6 thru 7 Section5- Utilities ..........................................................6...........,..,..,..,. ....................... GP-8 Section 6- Prosecution, Progress and Acceptance of the Work....................................GP-9 thru 10 Section 7- Responsibilities of the Contractor............................... GP-11 thru 20 Section 8- Facilities for Agency Personnel................................ ......GP-21 Section 9-Measurement and Payment..................................... ..-- ......GP-22 thru 23 PART 2 -CONSTRUCTION MATERIALS Section 200-Rock Materials 200-1 Rock Products............................................................. ..... ........ ... .....................MA-1 200-2 Untreated Base Materials ......................................... ..... . MA-1 thru 2 Section 201—Concrete, Mortar and Related Materials 201-1 Portland Cement Concrete .. ............................... ............ .. .......... .... .. ..... . MA-3 PART 3-CONSTRUCTION METHODS Section 300—Removals and Earthwork 300-1 Removals......................................... .. .. ... ................... ...... .. .. . . .. .... ...ME-1 300-2 Unclassified Excavation......................................... .................... ..................... . ME-1 300-4 Unclassified Fill.,-.,_I................... .. .............. .................... .................. .. . ... ME-1 Section 301—Subgrade Preparation, Treated Materials,and Placement of Base Materials 301-1 Subgrade Preparation........................ ......... ....................................... ................. ME-2 Section 303-Concrete and Masonry Construction 303-1 Concrete Structures... ....... ...... „ ........... ME-3 thru 4 303-5 Concrete Headers, Curbs, Walks, Gutters, Cross Gutters, Alley Intersections, Access Ramps and Driveways......... .... ....... ......... ....................................... ..... ............ ME-4 Section 306—Open Trench Conduit Construction 306-3 Trench Excavation............. ............ .. .... ...... . ... .... .. ........ ...................................... ME-5 306-6 Bedding .. . .. .... .. .. ... . ... ME-5 thru 6 PART 8—LANDSCAPING AND IRRIGATION Section 800—Materials 800-1 Landscaping Materials..... . ....... .. ................... .... .. . ..... ..... .... ................ LA -1 thru 4 800-2 Irrigation System Materials ......... .. .... ....... ..... . .. .... ... .... ............ .. ...... LA-4 thru 6 800-3 Electrical Materials......... .... .... ..... ........ .. .... .. ............ .. . ... . ..... . LA-6 thru 7 &nbsp; &nbsp; Page 216 Table of Contents Section 801 -Installation 801-1 General.............. --- .-------•--•----- ---....._..... ......„........---••:...-- ..........--. .. LA-8 801-2 Earthwork and Topsoil Placement ............................... .............::.::.::.... 801-3 Header Imtallation------------------ .--...:---...........-„-,........._.,..,,_...._..._.................... LA-9 8014 Planling .................................... --...... ................................................LA-9 thru 12 801-5 Irrigation System Installation------- --------- -----•...... 801-6 Maintenance and Plant Establishment„.................... LA -15 thru 17 801-9 Guarantee.......... :.............................................:.::.............:..... ..... .... .....--:-...LA-17 801.10 Charts, Manuals and Drawings.............::-.....,.......................................... LA -17 thru 18 801-11 Equspment ....................................................... ............. .... ..... . .. .. LA -18 thru 19 hen &nbsp; Page 217 Table of Contents APPENDIX ITEMS 1. City Working Days Calendar 2. Sample of Previously Approved Certificates of Insurance 3. City Permits a. Application for Construction Permit b. Temporary Lane Closure Permit Note: City Permits may be obtained on-line via the City's website, www.cit ofrc,us or in person at City Hail (10500 Civic Center Drive, Rancho Cucamonga, CA 91730). &nbsp;� &nbsp; Page 218 NOTICE INVITING SEALED BIDS FOR PROPOSALS FOR LMD-2 VICTORIA-WATER CONSERVATION! LANDSCAPE RENOVATION FY 20121 PROJECT NOTICE IS HEREBY GIVEN that the City of Rancho Cucamonga will receive at the Office of the City Clerk in the offices of the City of Rancho Cucamonga, on or before the hour of 2:00 p.m. on Tuesday, December 15 2020, sealed bids or proposals for the "LMD-2 VICTORIA - WATER CONSERVATION I LANDSCAPE RENOVATION FY 20121 PROJECT" in said City.The scope of work to be performed consists of, but not limited to, removal and replacement of existing trees, landscaping, hardscape, irrigation systems, etc. The contract documents call for 90 working days to complete this construction. Engineer's Estimate is$919,000. A mandatory pre-bid meeting and site tour will be held on Tuesday, November 17, 2020, beginning at 10:00 am. The pre-bid meeting location is at South East corner of Kenyon Way and Lark Drive in the City of Rancho Cucamonga, CA 91730. Refer to item "Q. Pre-Bid Meeting" of the "Instructions to Bidders" section of the bid documents for the appropriate directions. Attendees are required to sign in at the Pre- Bid meeting. Bids from companies that did not have a representative sign in at the Pre-Bid Meeting will be rejected. Bids will be publicly opened and read in the City Council Chambers, 10500 Civic Center Drive, Rancho Cucamonga, California 91730, Bids must be made on a form provided for the purpose, addressed to the City of Rancho Cucamonga, California, marked, "Sealed Bid for Construction of LMD-2 VICTORIA - WATER CONSERVATION I LANDSCAPE RENOVATION FY 20121 PROJECT." PREVAILING WAGE: Notice is hereby given that in accordance with the provisions of California Labor Code. Division 2, Part 7, Chapter 1, Articles 1 and 2, the Contractor is required to pay not less than the general prevailing rate of per diem wages for work of a similar character in the locality in which the public work is performed, and not less than the general prevailing rate of per diem wages for holiday and overtime work. In that regard,the Director of the Department of Industrial Relations of the State of California is required to and has determined such general prevailing rates of per diem wages. As such, a copy of prevailing wage rates may be found at https://www.dir.ca.gov/Public-Works/Prevailing-Wage.html. The Contracting Agency also shall cause a copy of such determinations to be posted at the job site. No contractor or subcontractor may be listed on a bid proposal for a public works project unless registered with the Department of Industrial Relations pursuant to Labor Code section 1725.5 (with limited exceptions from this requirement for bid purposes only under tabor Code section 1771.1(a)). No contractor or subcontractor may be awarded a contract for public work on a public works project unless registered with the Department of Industrial Relations pursuant to Labor Code section 1725.5. This project is subject to compliance monitoring and enforcement by the Department of Industrial Relations. For all projects, the contractors and subcontractors must furnish electronic certified payroll records to the Labor Commissioner. Pursuant to provisions of Labor Code Section 1775, the Contractor shall forfeit, as penalty to the City of Rancho Cucamonga, not more than two hundred dollars ($200.00) for each laborer, workman, or mechanic employed for each calendar day or portion thereof, if such laborer, workman or mechanic is paid less than the generai prevailing rate of wages herein before stipulated for any work done under the attached contract, by him or by N-1 &nbsp; — &nbsp; Page 219 any subcontractor under him, in violation of the provisions of said Labor Code. Attention is directed to the provisions in Sections 1777.5 and 1777.6 of the Labor Code concerning the employment of apprentices by the Contractor or any subcontractor under him. Section 1777.5, as amended, requires the Contractor or subcontractor employing tradesmen in any apprenticable occupation to apply to the joint apprenticeship committee nearest the site of the public works project and which administers the apprenticeship program in that trade for a certificate of approval. The certificate will also fix the ratio of apprentices to journeymen that will be used in the performance of the contract. The ratio of apprentices to journeymen in such cases shall not be less than one to five except: a. When unemployment in the area of coverage by the joint apprenticeship committee has exceeded an average of 15 percent in the 90 days prior to the request of certificate, or b. When the number of apprentices in training in the area exceeds a ratio of one to five, or c. When the trade can show that it is replacing at least 1/30 of its membership through apprenticeship training on an annual basis statewide or locally, or d. When the Contractor provides evidence that he employs registered apprentices on all of his contracts on an annual average of not less than one apprentice to eight journeymen. The Contractor is required to make contributions to funds established for the administration of apprenticeship programs if he employs registered apprentices or journeymen in any apprenticable trade on such contracts and if other Contractors on the public works site are making such contributions. The Contractor and subcontractor under him shall comply with the requirements of Sections 1777.5 and 1777.6 in the employment of apprentices. Information relative to apprenticeship standards,wage schedules,and other requirements may be obtained from the Director of Industrial Relations, the Administrator of Apprenticeship, San Francisco, California, or from the Division of Apprenticeship Standards and its branch offices. Eight (8) hours of labor shall constitute a legal day's work for all workmen employed in the execution of this contract and the Contractor and any subcontractor under him shall comply with and be governed by the laws of the State of California having to do with working hours as set forth in Division 2, Part 7, Chapter 1, Article 3 of the Labor Code of the State of California as amended. The Contractor or Subcontractor shall forfeit, as a penalty to the City of Rancho Cucamonga, twenty-five dollars ($25.00)for each worker employed in the execution of the contract by the respective contractor or subcontractor for each calendar day during which the worker is required or permitted to work more than 8 hours in any one calendar day and 40 hours in any one calendar week in violation of the provisions of this article. Contractor agrees to pay travel and subsistence pay to each workman needed to execute the work required by this contract as such travel and subsistence payments are defined in the applicable collective bargaining agreement filed in accordance with Labor Code Section 1773.1. The bidder must submit with his proposal, cash, cashier's check, certified check, or bidder's bond, payable to the City of Rancho Cucamonga for an amount equal to at least 10% of the amount of said bid as a guarantee that the bidder will enter into the proposed contract if the same is awarded to him,and in event of failure to enter into such contract said cash, cashiers' check, certified check, or bond shall become the property of the City of Rancho Cucamonga. N-2 &nbsp; Page 220 If the City of Rancho Cucamonga awards the contract to the next lowest bidder,the amount of the lowest bidder's security shall be applied by the City of Rancho Cucamonga to the difference between the low bid and the second lowest bid, and the surplus, if any shall be returned to the lowest bidder. The amount of the bond to be given to secure a faithful performance of the contract for said work shall be 100% of the contract price thereof, and an additional bond in an amount equal to 100%of the contract price for said work shall be given to secure the payment of claims for any materials or supplies furnished for the performance of the work contracted to be done by the Contractor, or any work or labor of any kind done thereon, and the Contractor will also be required to furnish a certificate that he carries compensation insurance covering his employees upon work to be done under contract which may be entered into between him and the said City of Rancho Cucamonga for the construction of said work. Contractor shall possess any and all contractor licenses, in form and class as required by any and all applicable laws with respect to any and all of the work to be performed under this contract; including, but not limited to, a Class "C-27" License (Landscaping Contractor) in accordance with the provisions of the Contractor's License Law (California Business and Professions Code, Section 7000 et. seq.) and rules and regulation adopted pursuant thereto. The Contractor,pursuant to the"California Business and Professions Code," Section 7028.15, shall indicate his or her State License Number on the bid, together with the expiration date, and be signed by the Contractor declaring, under penalty of perjury,that the information being provided is true and correct. The work is to be done in accordance with the profiles, plans, and specifications of the City of Rancho Cucamonga on file in the Office of the City Clerk at 10500 Civic Center Drive, Rancho Cucamonga,California. In an effort to go green and paperless,digital copies of the plans,specifications,and bid proposal, including any future addenda or revisions to the bid documents, are available by going to www.ciplist.com and signing up, by going to Member Login or Member Signup(it's free),then choose California,then scroll down to San Bernardino County and click on Browse Cities,then scroll down to Rancho Cucamonga and click on City Projects,then click on the Project of interest under the Title and follow directions for download. Note, copies of the plans, specifications, bid proposal, addendums and revisions will not be provided, digital copies must be downloaded from the above website then printed. Prospective bidders must register for an account on www.ciplist.com to be included on the prospective bidder's list(s) and to receive email updates of any addenda or revisions to the bid documents. Be advised that the information contained on this site may change over time and without notice to prospective bidders or registered users. While effort is made to keep information current and accurate and to notify registered prospective bidders of any changes to the bid documents, it is the responsibility of each prospective bidder to register with www.ciplist.com and to check this website'on a DAILY basis through the close of bids for any applicable addenda or updates. No proposal will be considered from a Contractor to whom a proposal form has not been issued by the City of Rancho Cucamonga to registered prospective bidders from www.ciplist.com. The successful bidder will be required to enter into a contract satisfactory to the City of Rancho Cucamonga. In accordance with the requirements of Section 9-3.2 of the General Provisions, as set forth in the Plans and Specifications regarding the work contracted to be done by the Contractor, the Contractor may, upon the Contractor's request and at the Contractor's sole cost and expense, substitute authorized securities in lieu of monies withheld (performance retention). The City of Rancho Cucamonga, reserves the right to reject any or all bids. N•3 &nbsp; Page 221 All questions regarding this Notice Inviting Sealed Bids for"LMD-2 VICTORIA-WATER CONSERVATION /LANDSCAPE RENOVATION FY 20/21 PROJECT" must be in writing (e-mail is preferred) and received by the City no later than 5:00 pm on Tuesday, November 24, 2020. The City is not responsible for guestions/e-mails undeliverable. Questions/e-mails shall be directed to: Dean Rodia and Kenneth Fung Parks and Landscape Superintendent Assistant Engineer 8794 Lion Street 8794 Lion Street Rancho Cucamonga,CA 91730 Rancho Cucamonga, CA 91730 (909) 477-2740, ext. 4137 (909)477-2740, ext. 4139 E-mail address: dean.rodia@ci ofrc.us e-mail address: kenneth.fung@cityofrc.us ADVERTISE ON: Tuesday, November 3, 2020 and Tuesday, November 10, 2020 N-4 &nbsp; &nbsp; Page 222 INSTRUCTIONS TO BIDDERS A. PROPOSALS Proposals under these specifications shall be submitted on the blank forms furnished herewith. When presented, all forms must be completely made out in the manner and form indicated and must also meet the following requirements: 3. The bidder shall set forth for each item of work, in clearly legible figures, an item price and a total for the item in the respective spaces provided for this purpose. In the case of unit basis items,the amount set forth under the "Total" column shall be the product of the unit price multiplied by the estimated quantity for the item. In case of discrepancy between the unit price and the total set forth for the item,the unit price shall prevail, except however, that if the amount set forth as a unit price is ambiguous, unintelligible or uncertain for any cause, or if it is omitted, or in the case of unit basis items, is the same amount as the entry in the'Total" columns, or in the case of lump sum items, is not the same amount as the entry in the "Total" column, then the amount set forth in the "Total" column for the item shall prevail in accordance with the following: > As to lump sum items, the amount set forth in the "Total" column shall be the unit price, > As to unit basis items,the amount set forth in the"Total"column shall be divided by the estimated quantity for the item and the price thus obtained shall be the unit price. The bidder shall also set forth in both words and clearly legible figures the"Total Bid Amount" in the spaces provided at the bottom of the Bid Schedule. Bidder shall place a"Post It" note(1.5" X 2" minimum size)at the upper right corner of sheet P-9 of the Bid Proposal to help the representative from the City Clerk's office find the Combined Base Bid +Additive Bid Amount. 4. The proposal must be properly signed by the bidder, whose address, telephone number, and California Contractor's license number must be shown. 5. The Contractor shall perform with his own organization and with workmen under his immediate supervision, work of a value not less than 50% of the total value of all work embraced in the contract Where an entire item is subcontracted, the value of work subcontracted will be based on the Contract Unit Price. When a portion of an item is subcontracted, the value of work subcontracted will be based on the estimated percentage of the Contract Unit Price. This will be determined from information submitted by the Contractor,and subject to approval by the Engineer With the proposal,the Contractor shall list(a)the name,address, and the California Contractor License Number of each subcontractor who will perform work included in the contract, and (b) the portion of work which will be done by each subcontractor. All subcontractors performing work in excess of 112% of the total value of the contract or, in the case of bids or offers for the construction of streets or highways, including bridges, in excess of 112% of the total value of the contract or ten thousand dollars ($10,000.00) whichever is greater, shall be listed. The successful bidder shall be prohibited from performing work on this project with a subcontractor -1 &nbsp; Page 223 who is ineligible to perform work on the project pursuant to Section 1777.1 or 1777.7 of the Labor Code. 6. Bid must be accompanied by cash, cashier's check, certified check, or surety bond in an amount not less than (10%) of the total amount of bid. Checks and bond shall be made payable to the City of Rancho Cucamonga. 7. The correction of any discrepancies in or omission from the drawings, specifications or other contract documents or any interpretation thereof during the bidding period will be made only by written addendum. See Item G, Addendum,for further information and instructions. 8. Bids shall not contain any recapitulation, inserted by the Bidder, of work to be done. Alternative proposals will not be considered unless specifically requested. No oral or telephone modifications will be considered. 9. ................ Each bid shall be valid for no less than 90 days after the opening of the proposals. 10. No mention shall be made in the proposal of Sales Tax, Use Tax, or any other tax,as all amounts bid will be deemed and held to include any such taxes which may be applicable. B. DELIVERY OF PROPOSAL Proposals shall be enclosed in a sealed envelope plainly marked on the outside, "SEALED BID FOR LMD-2 VICTORIA-WATER CONSERVATION/LANDSCAPE RENOVATION FY 20/21 PROJECT IN THE CITY OF RANCHO CUCAMONGA." Proposals may be mailed or delivered by messenger. However, it is the bidder's responsibility alone to ensure delivery of the proposal to the City Clerk prior to the bid opening hour stipulated in the Notice Inviting Bids. Late proposals will not be considered. C. WITHDRAWAL OF PROPOSALS A proposal may be withdrawn by a written request signed by the bidder. Such request must be delivered to the City Clerk prior to the bid opening hour stipulated in the Notice Inviting Bids. Proposals may not be withdrawn after said hour without forfeiture of the proposal guarantee. The withdrawal of the proposal will not prejudice the right of the bidder to submit a new proposal, providing there is time to do so. D. DISQUALIFICATION OF BIDDERS AND PROPOSALS The bidder's attention is directed to the"California Business and Professions Code," Section 7028,15, which requires the Contractor to indicate his or her State License Number on the bid, together with the expiration date, and be signed by the Contractor declaring, under penalty of perjury, that the information being provided is true and correct. "Any bid not containing this information, or a bid containing information which is subsequently proven false, shall be considered non-responsive and shall be rejected by the public agency." More than one proposal for the same work from any individual, firm partnership, corporation, or association under the same or different names will not be accepted; and reasonable grounds for believing that any bidder is interested in more than one proposal for the work will be cause for rejecting all proposals in which such bidder is interested. I.2 &nbsp; Page 224 Proposals in which the prices are obviously unbalanced,and those which are incomplete or show any alteration of form or contain any additions or conditional or alternate bids that are not called for or otherwise permitted, may be rejected. A proposal on which the signature of the bidder has been omitted will be rejected. E. SIGNATURE OF CONTRACTOR Corporation The signature must contain the name of the corporation, must be signed by the President and Secretary or Assistant Secretary,and the corporate seal must be affixed. Other persons may sign for the corporation in lieu of the above if a Certified copy of a resolution of the corporate board of directors so authorizing them to do so, is on file in the City Clerk's office. Partnership The names of all persons comprising the partnership or copartnership must be stated. The bid must be signed by all partners comprising the partnership unless proof in the form of a certified copy of a certificate of partnership acknowledging the signer to be a general partner authorized to sign the contract on behalf of the partnership is presented to the City Clerk, in which case the general partner may sign. Joint Venture Bids submitted as a joint venture must so state and be signed by each joint venture. Individual Bids submitted by an individual must be signed by the bidder, unless a general power of attorney, not more than 60 days old, is on file in the City Clerk's office, in which case the attorney in fact may sign for the individual. The above rules also apply in the case of the use of a fictitious business name. in addition, where a fictitious name is used, it must be so indicated in the signature. F. BID BOND Bid must be accompanied by cash, cashier's check, certified check, or surety bond in an amount not less than 10% of the total amount of bid. Checks and bond shall be made payable to the City of Rancho Cucamonga. G. ADDENDUM The correction of any discrepancies in or omission from the drawings, specifications or other contract documents or any interpretation thereof during the bidding period will be made only by written addendum. A copy of each such addendum will be posted on the internet,and it shall be the bidder's responsibility to download and print each and every posted addendum and a signed copy of the addendum shall be returned to the City prior to bid opening or attached to the bid documents. Failure to do so may result in bid rejection. Said addendum shall be made part of the contract, Any other interpretation or explanation of such documents will not be considered binding. The 1-3 &abspp,_ &nbsp; Page 225 addendum can be found by going to www.ciplist.com, Member Login, then choose California, then scroll down to San Bernardino County and click on Browse Cities, then scroll down to Rancho Cucamonga and click on City Projects, then click on the project of interest under the title and follow directions for download. H. EXAMINATION OF PLANS,SPECIFICATIONS,AND SITE OF WORK The plans and specifications to which the proposal forms refer are on file and open to inspection in the office of the City Engineer. Bidders must satisfy themselves by personal examination of the work site, plans, specifications, and other contract documents, and by any other means as they may believe necessary, as to the actual physical conditions, requirements and difficulties under which the work must be performed. No bidder shall at any time after submission of a proposal make any claim or assertion that there was any misunderstanding or lack of information regarding the nature of amount of work necessary for the satisfactory completion of the job. Any errors, omissions, or discrepancies found in the plans, specifications, or other contract documents shall be called to the attention of the Resident Engineer and clarified prior to the submission of proposals. I. ESTIMATED QUANTITIES The quantities given in the proposal and contract form are approximate, being given as a basis for the comparison of bids only, and the City does not, expressly or by implication, agree that the actual amount of work will correspond therewith, but reserves the right to increase or decrease the amount of any class or portion of the work,or to omit any portion of the work,as may be deemed advisable or necessary by the Engineer. However, when the quantity shown in the Proposal has the designation (F) following the Bid Item in the Schedule of Unit Cost and Lump Sum amounts, that designation indicates the final pay quantity and/or costs and shall be the final quantity used for which payment will be made, unless the dimensions of the portion of the work shown on the plans are revised by the Engineer, or unless the portion of the work is eliminated. If the dimensions of the specific portion of the work are revised, and the revisions result in an increase or decrease in the estimated quantity of the portion of the work,the final quantity for payment will be revised in the amount represented by the changes in the dimensions. If the specific portion of the work is eliminated, then the final pay quantity designated for the specific portion of the work will be eliminated. The estimated quantity of each specific portion of the work designated on the plans as a final pay quantity shall be considered as approximate only and no guarantee is made that the quantities which can be determined by computations, based on the details and dimensions shown on the plans, will equal the estimated quantities. No allowance will be made in the event that the quantities based on computations do not equal the estimated quantities. When portions of an item have been designated on the plan as final pay quantities, portions not so designated will be measured and paid for in accordance with the applicable provisions of these specifications and the special provisions. In case of a discrepancy between the quantities shown on the plan as final pay quantities and the quantity of the same item shown in the Engineer's Estimate, payment will be based on the final pay i-a &nbsp; Page 226 quantities shown on the plans. J. COMPETENCY OF BIDDER The bidder shall be licensed under the provisions of Chapter 9, Division 3, of the Business and Professions Code of the State of California to do the type of work contemplated in the contract and shall be skilled and regularly engaged in the general class or type of work called for under this contract. To assist in the determination of competency, the Contractor shall complete the attached "Bidder Information"form. K. AWARD AND EXECUTION OF CONTRACT Acceptance or Rejection The City of Rancho Cucamonga, reserves the right to reject any or all bids. Award of Contract The lowest responsive bidder will be calculated per Section 20103.8 (c) of the Public Contract Code as the lowest total of the bid prices on the base contract and additive (or deductive) items that when taken in order(i.e.Additive 1, Additive 2, etc.)and added to(or deducted from)the base contract, are less than or equal to the engineering estimate. Engineer's estimate for this contract is$919,000.00, A proposal will not be considered if it does not include both the Base Bid and the Additive Bid(s) and no proposal will be considered from a Contractor to whom a proposal form has not been issued by the City of Rancho Cucamonga. No proposal will be considered from a Contractor to whom a proposal form has not been issued by the City of Rancho Cucamonga to registered prospective bidders from www.ciplist.com. The award, if made, will be made as expeditiously as possible after the opening of the proposals and in recognition of Section A.7. above. In no case will an award be made until all necessary investigations are made into the responsibility of the bidder to whom it is proposed to award the contract. Contractor shall possess any and all contractor licenses, in form and class as required by any and all applicable laws with respect to any and all of the work to be performed under this contract; including, but not limited to, a Class"C-27" License(Landscaping Contractor) in accordance with the provisions of the Contractor's License Law (California Business and Professions Code, Section 7000, et. seq.) and rules and regulations adopted pursuant thereto at the time this contract is awarded. Bonds The Contractor shall furnish a good and sufficient surety bond issued by a surety company authorized to do business in the State of California in the sum equal to 100%of the total bid, conditioned for the Faithful Performance by the Contractor of all covenants,stipulations any agreements contained in said contract; an addition, the Contractor shall furnish a Labor and Materials Bond and a sum equal to E-5 &nbsp; Page 227 100% of the contract price, as required by the provisions of Section 9554 of the California Civil Code. Workers' Compensation Before commencing any work under the contract, the successful bidder must file with the Engineer a certificate by an insurance carrier authorized under the laws of the State to insure employers against liability for compensation under the "Worker's Compensation Insurance and Safety Act," stating that such bidder has taken out for the term for which the contract is to run, compensation insurance covering his full liability work or labor necessary to carry out the provisions of this contract, and an agreement to immediately notify said Engineer if said policy should lapse or be canceled. In the event that such policy should become inoperative at any time before the completion of the work, all work shall cease immediately until a new policy is obtained and any time so lost shall not entitle Contractor to any extension of time. Execution of Contract The Contract shall be signed by the successful bidder and returned together with the other required documents, within fifteen (15) days after the bidder has received notice that the contract has been awarded, unless extended by said City Council in writing. No proposal shall be considered binding upon the City until the execution of the contract. Failure to execute a contract and file acceptable documents as provided herein within fifteen (15)days from receipt of notice of award shall be just cause for the annulment of the award. In the event of failure to enter into such contract, the lowest bidder's security (cash, cashier's check,certified check, or bond) shall become the property of the City of Rancho Cucamonga. if the City of Rancho Cucamonga awards the contract to the next lowest bidder, the amount of the lowest bidder's security shall be applied by the City of Rancho Cucamonga to the difference between the low bid and the second lowest bid, and the surplus, if any shall be returned to the lowest bidder. Liguidated Damages and Working Days Attention is directed to the provisions of Section 6-9 of the Specifications. The Contractor shall pay to the City of Rancho Cucamonga the sum of $2,600.00 per day for each and every calendar day's delay in finishing the work in excess of 90 working days. L. RETURN OF PROPOSAL GUARANTEE The cash, check or bond of a bidder to whom the contract has been awarded will be returned to him after all of the acts, for the performance of which said security is required, have been fully performed. The cash,checks or bonds of the remaining qualified bidders will be returned when the bidder to whom the contract has been awarded has properly executed and returned all of the required Contract Documents. Cash, checks or bid bonds of other bidders will be returned when their proposals are rejected or in any event at the expiration of 90 days from the date of award of contract. M. CITY BUSINESS LICENSE Municipal Ordinances requires the issuance of a City Business license as a condition precedent to - - — - - - -&nbsp.;� &nbsp; Page 228 being engaged as a Contractor within the City. N. EQUIVALENT MATERIALS Attention is directed to the provisions of Section 4-1,6 of the Standard Specifications for Public Works Construction. 0. PRE-BID MEETING A mandatory pre-bid meeting is scheduled on Tuesday, November 17, 2020, beginning at 10:00 am at the South East Corner(SEC)of the Kenyon Way and Lark Drive in the City of Rancho Cucamonga, CA 91730. Approximate Directions: Exit the 210 Freeway at Milliken Avenue Proceed south on Milliken Avenue The first street south of the 210 Freeway is Kenyon Way Turn east onto Kenyon Way Proceed on Kenyon Way for approximately '/2 mile to Lark Drive Note: Initially, Kenyon Way travels eastward but then curves southward (Lark Drive is at the end of the southward curve) Park on either Kenyon Way or Lark Drive (where legal). Proceed to the south east corner of Kenyon Way and Lark Drive Complete the"Sign In"sheet The pre-bid meeting and site inspection will be held on-site For those interested in bidding the "LMD-419 Terra Vista — Water Conservation / Landscape Renovation FY 20/21 Project' and want to perform a site inspection of that project site, proceed as follows: After the end of this pre-bid meeting, head north then west on Kenyon Way Turn south at Milliken Avenue Proceed approximately 1 mile to Base Line Road Turn west on Base Line Road The"LMD-4R Terra Vista—Water Conservation/Landscape Renovation FY 20/21 Project' is located on the south side of Base Line Road from Milliken Avenue to Spruce Avenue. Unfortunately, it is not legal to park vehicles on either Base Line Road or Milliken Avenue Interested parties must park either at Central Park (located on the north side of Base Line Road) or along Spruce Avenue then walk to the project site. Attendees are required to sign in on the "Sign In" sheet. Bids from companies that did not have a representative sign in at the pre-bid meeting will be rejected. 1-7 &nbsp; Page 229 810 DOCUMENTS TO SUBMIT FOR PROPOSAL Only the following listed documents, identified in the lower right corner as"Bid Forms" shall be fully executed and submitted with the Bid at the time of opening of Bids. P-Schedule of Unit Cost and Lump Sum Amounts Q. Bidder Agreement Fl. Bidder Information S.Subcontractor T.Declaration of Eligibility to Contract U. Certificate of Non-Discrimination by Contractors V.Non-Collusion Declaration W. Bid Bond Failure of a Bidder to fully execute and submit all of the listed documents with the Bid will render a Bid as non-responsive and subject to rejection. )0A(A (.�tjtl(4A La VJ�Cy e I -revl C_ Bidder P•1 of Ir LIVID-2 VICTORIA — WATER CONSERVAT{ON / LANDSCAPE RENOVATION FV 20-21 PROJECT Required Bid Proposal Forms &nbsp;_ _. &nbsp; Page 230 PROPOSAL SCHEDULE OF COST AND LUMP SUM AMOUNTS "LMD-2 VICTORIA-WATER CONSERVATION/LANDSCAPE RENOVATION FY 20/21 PROJECT" TO THE CITY OF RANCHO CUCAMONGA: The undersigned bidder declares that he has carefully examined the location of the proposed work, that he has examined the Plans, Special Provisions and Specifications, and read the accompanying Instruction to Bidders, and hereby proposes and agrees, if this proposal is accepted, to furnish all material and do all the work required to complete the said work in accordance with the Plans,Special Provisions and Specifications,in the time and manner therein prescribed for the unit cost and lump sum amounts set forth in the schedule on the following Proposal. BASE BID: KENYON WAY LANDSCAPING WORK Item Reference — — — — Description Ot , Unit Unit it No. Specification y Price Price DEMOLITION 1 Sawcut (300-1) 48fF1 LF $5.00 $240.00 2. Remove Existing Irrigation $0.10 $4,192.30 System (300.1) 419. M3(F) SF 4, Kill and Remove Existing (300.1) Turf 18 834 F SF $1.60 $30,134.40 5. Remove Existing Vegetation (300.1) 16.872(F) SF $0.35 $12,654.00 G. Remove Existing Concrete (300-1) _30LF� SF _$20.00 $600.00 EARTHWORK/GRADING 7. Fine Grading Only(D,G., Concrete, Cobble Only) (301) 17,221(F) SF $0 15 $2,583,15 Southern California Landscape, Inc. Bidder P-2 of 17 LMD-2 VICTORIA WATER CONSERVATION LANDSCAPE RENOVATION FY 20 21 PROJECT Required Bid Proposal Forms �. &nbsp; &nbsp; Page 231 PROPOSAL SCHEDULE OF COST AND LUMP SUM AMOUNTS "LMD-2 VICTORIA-WATER CONSERVATION/LANDSCAPE RENOVATION FY 20/21 PROJECT" Item Reference � — Description Ot . Unit Unit No, Specification y Price Price HARDSCAPE 8 6"Concrete Headers (800, 801) 995(F) LF $12.00 $11,940.00 9. Grouted River Cobble 1,835(F) SF $10.00 $18,350.00 10. 48" Landscape Boulder 7 EA $350.00 $2,450.00 11. 60" Landscape Boulder 11 EA $400.00 $4,400.00 12. Concrete Paving-4" Medium Broom Finish (303) 30 SF $50.00 $1,500.00 LANDSCAPE PLANTING 13. 24"Box Tree (801) 25 EA $405.00 $10.125.00 U. 36" Box Tree (801) 3 EA $905.00 $2,715.00 15. 1 Gallon Shrub (801) 2,154 EA $8.00 $17,232.00 16. 3 Gallon Shrub (801) 21 EA $35.00 $735.00 17. 5 Gallon Shrub (801) 788 EA $23 00 $18,124.00 18, 15 Gallon Shrub (801) 1 EA $85.00 $85-00 Southern California Landscape, Inc. Bidder P-3 of 1'T LMD-2 VICTORIA WATER CONSERVATION LANDSCAPE RENOVATION FY 20.21 PROJECT Required Bid Proposal Forms - -- - -&nbsp; &nbsp; Page 232 PROPOSAL SCHEDULE OF COST AND LUMP SUM AMOUNTS "LMD-2 VICTORIA-WATER CONSERVATION/LANDSCAPE RENOVATION FY 20/21 PROJECT" Item Description Reference Unit No. p Specification aty. Unit Price Price MISCELLANEOUS 19. 3"Bark Mulch (800-1) 25M3(F) SF $0.60 $15,127.80 20. 3" Stabilized Decomposed Granite (200-2) 11'99 SF $1.75 $20,991.25 21• 3" Un-stabilized (Permeable) Decomposed Granite (200-2) 2.863 SF $1.50 $4,294.50 LANDSCAPE IRRIGATION 22• Retrofit Automatic Irrigation System (800, 801) 25.21 SF $1.80 $45,383.40 23. Irrigation Smart Controller (800,801) 1 EA $9,400.00 $9,400.00 24• 1"Quick Coupler Valve in (800,801) 7 EA $350.00 $2,450.00 Valve Box 25. 1" Remote Control Valve (800,801) 6 EA $1,2.00.00 $7,200.00 in Valve Box -- 26• 2" Remote Control Valve (800,801) 7 EA $1,400.00 $9,800.00 in Valve Box 27 2" Ball Valve in Valve Box (800, 801) 3 EA $750,00 $2,250.00 Southern California Landscape, Inc. Bidder P-4 of 17 LMD-2 VICTORIA - WATER CONSERVATION LANDSCAPE RENOVATION FY 20.21 PROJECT Required Bid Proposal Forms &nbsp; &nbsp; Page 233 PROPOSAL SCHEDULE OF COST AND LUMP SUM AMOUNTS "LMD•2 VICTORIA•WATER CONSERVATION/LANDSCAPE RENOVATION FY 20121 PROJECT,' hem Description Reference Oty., Unit Unit No. Specification prime Price LANDSCAPE MAINTENANCE 90 Day Maintenance 28 Period (801-6) 25 213,.F1 SF $0.18 $4,538.34 MOBILIZATION 29 Mobilization 1 LS $9,820.00 $9,820.00 30 Traffic Control 1 LS $9,500.00 $9,500.00 31 PhotoNideo Record of Project Site Before Start of Work per Demolition Note 3 of Project Plans _ . 1 LS $800-00 $800.00 TOTAL BASE BID AMOUNT IN NUMBERS: $279,615.14 TOTAL BASE BID AMOUNT IN WORDS: Two Hundred Seventy Nine Thousand Six Hundred Fifteen Dollars and Fourteen Cents Southern California Landscape, Inc. Bidder P 5 of 17 LMD•2 VICTORIA — WATER CONSERVATION 1 LANDSCAPE RENOVATION FY 20.21 PROJECT Required Bid Proposal Forms &nbsp, Page 234 PROPOSAL SCHEDULE OF COST AND LUMP SUM AMOUNTS "LMD-2 VICTORIA•WATER CONSERVATION/LANDSCAPE RENOVATION FY 20121 PROJECT' Item DescriptionReference No Specification ally. Unit Unit Price Price p ADDITIVE BID: LARK DRIVE LANDSCAPING WORK DEMOLITION 32. Sawcut (300-1) 156(FI LF $5.00 $780.00 33. Remove Existing Irrigation (300-1) 48.621(Fl SF $0.10 $4,862.10 34. KIII and Remove Existing $1.60 $16,425.60 Turf (300-1) 10.266(Fj SF 35. Remove Existing $0.95 $30,807.55 Vegetation (30d-11 32.429(F) SF 36. Remove Existing Concrete (300-1) 70EFf SF $20.00 $1,400.00 EARTHWORK/GRADING 37. Fine Grading Only (D.G., Concrete, Cobble only) (301) 13.6321 F] SF $0.15 $2,044 80 HARDSCAPE 38, 6"Concrete Headers 1 4� 77L) LF $12.00 $17,724.00 39. Grouted River Cobble (R00 B01) 5 176 F SF $12.00 $62,112.00 Southern California Landscape, Inc. Bidder P 601 /7 LIVID-2 VICTORIA WATER CONSMVAIION LANDSCAPE RENOVATION FY 20.21 PROJECT Required Bid Proposal r fin, &nbsp; Page 235 PROPOSAL SCHEDULE OF COST AND LUMP SUM AMOUNTS "LMD-2 VICTORIA-WATER CONSERVATION/LANDSCAPE RENOVATION FY 20/21 PROJECT' Item Description Reference Ot Unit No. Specification y Unit Price Price 40 48" Landscape Boulder 17 E:� $350.00 $5,950.00 41, 60"Landscape Boulder 13 EA $400.00 $5,200.00 42 4"Concrete Paving Medium Broom Finish (303) __ 7� OL) SF $30.00 $2,100.00 LANDSCAPE PLANTING 43. 24' Box Tree (801) 4 EA $345.00 $1,380.00 44 36- Box Tree (801) 41 EA $845.00 $34,645.00 45 1 Gallon Shrub (801) 1,262 EA $8,00 $10,096.00 46 3 Gallon Shrub (801) 32 EA $35-00 $1,120.00 47 5 Gallon Shrub (801) 717 EA $23.00 $16,491.00 48 15 Gallon Shrub (801) 170 EA $75.00 $12,750.0C MISCELLANEOUS 49. 3"Bark Mulch (800.1) 25__242 F SF $0.60 $15,445.20 50 3" Stabilized Decomposed $1.75 $10,680.25 Granite (200-2) 6 1, 03(FI SF Southern California Landscape, Inc. Bidder P7ol 17 LIVID-2 VIC I ARIA WAT ER CONSERVATION LANDSCAPE HENOVATION FY 20.21 PROJEC I Requirea Qrrl Proposal I ,rill &nbsp; Page 236 PROPOSAL SCHEDULE OF COST AND LUMP SUM AMOUNTS "LMD-2 VICTORIA•WATER CONSERVATION/LANDSCAPE RENOVATION FY 20/21 PROJECT Item Description Reference Unit No. Specification Oty. Unit Price price 51. 3"Un-Stabilized Decomposed Granite (Permeable) (200-2) jj44fF1 SF $1.40 $2,161.60 LANDSCAPE IRRIGATION 52. Retro Fit Automatic Irrigation System (800, 801) 26,742LF1 SF $1.55 $41,450.10 53. Irrigation Smart Controller (800, 801) 1 EA $9,400.00 $9,400.00 54. 1"Quick Coupler Valve in Valve Box (800, 801) 7 EA $350.00 $2,450.00 54. 1" Remote Control Valve 1n Valve Box (800,801) 8 EA $1,200.00 $9,600.00 56. 2"Remote Control Valve in Valve Box (800, 601) 6 EA $1,400.00 $8,400.00 57. 2"Ball Valve in Valve Box (800, 801) 2 EA $750.00 $1,500.00 LANDSCAPE MAINTENANCE 58. 90 Day Maintenance Period (801.6) 26�2LF] SF $0.18 $4,813.56 SWPPP 59. SWPPP for Kenyon Way Landscaping Work and Lark Drive Landscaping Work (7.8.6) t LS $1.800.00 $1,800.00 Southern California Landscape, Inc. Bidder P801 17 LMD 2 VIC1 ORIA WA 1 Fl CONSE:RVAIION LANDSCAF FIENO4A71ON Fy 20 21 PF4QJFC I REqun,vi 131d Proposa Form , &nbsp; Page 237 PROPOSAL SCHEDULE OF COST AND LUMP SUM AMOUNTS "LMD-2 VICTORIA•WATER CONSERVATION!LANDSCAPE RENOVATION FY 20/21 PROJECT" Item Qescription Reference (?t Unit Unit No. Specification y nt Price price MOBILIZATION 60. Mobilization __. 1 LS $10,300.00 $10,300.00 fit Traffic Control _ _1 LS $9,500.00 $9,500.00 63 PhotoNideo Record of Project Site Before Start of Work per General Demolition Note 3 of Project Plans 1 LS $800.00 $800.00 TOTAL ADDITIVE BID AMOUNT IN NUMBERS: $354,188.76 TOTAL ADDITIVE BID AMOUNT IN WORDS: Three Hundred Fifty Four Thousand One Hundred Eighty Eight Dollars and Seventy Six Cents COMBINED BASE BID + ADDITIVE BID AMOUNT IN NUMBERS: $633,803.90 COMBINED BASE BID+ADDITIVE BID AMOUNT IN WORDS: Six Hundred Thirty Three Thousand Eight Hundred Three Dollars and Ninety Cents Southern California Landscape, Inc. Bidder P Sd c,l 77 UAD-2 VIC I ORIA. V1Ai En CONSEAVA1lon 1.AM)SCAPE A NOVATION FY 20 21 PRO JEcT Re,;luuerl Rul Puposal f-on,s &nbsp; Page 238 BIDDER AGREEMENT The undersigned also agrees as follows: FIRST: Within 15 calendar days from the receipt of the Notice of Award of Contract, to execute the contract, and to furnish to the City of Rancho Cucamonga two (2) satisfactory bonds in the amounts specified in the Notice Inviting Bids guaranteeing the faithful performance of the work and payment of bills. SECOND: To begin work within ten (10) calendar days after the date specified in the Notice to Proceed and to prosecute said work in such a manner as to complete it within 90 working days after such specified date. Accompanying this proposal is cash, a cashiers check,or a certified check of a bidder's bond for not less than 10% of the total amount of the bid payable to the City which is to be forfeited, as liquidated damages, if, in the event the contractor does not execute the contract and furnish satisfactory bonds under the conditions and within the time specified in this proposal, otherwise said cash, cashiers'check, certified check,or bidders'bond is to be returned to the undersigned Within 15 calendar days after award of the contract, the City of Rancho Cucamonga will return the bidder's bond accompanying such proposal not considered in making the award. All other bidders'bonds will be held until the expiration of 90 days from the date of the award of contract They will then be returned to the respective bidders whose proposals they accompany. BIDDER: r � IMPORTANT NOTICE: If bidder is a corporation, state legal name of corporation and names of the president, secretary, treasurer, and manager; co-partnership, state true name of firm and names of all individual copartners composing firm; or an individual, state first and last names in full. "I declare under penalty of perjury of the laws of the State of California the representations made herein are true and correct in accordance with the requirements of California Business and Professions Code Section 7028,15." California State State Contractors License Number E pirati6n Dale 61tkmeA Lakqe, Bidder P /0 A !7 LMD-2 VICTORIA - WATER CONSERVATION ! LANDSCAPE RENOVATION FY 20.21 PROJECT Required Bid Proposal Forms &nbsp; Page 239 Bidder Agreement(continued) WWI` , �resiD�ewf Name/Title �o to l.ee Dort, Sec��, .-Y 1�i� �o�o gnature Name/Title ate Signature Name/Title Date Signature Name/Title Date Signature and title of the officer(s)set forth above shall be authorized to sign contracts on behalf of the corporation, co-partnership or Individual. II signature Is by an agent, other than an officer of the corporation or a member of a partnership,a Power of Attorney must be on file with the City of Rancho Cucamonga prior to or at time of bid opening; otherwise the bid will be subject to refection by the City of Rancho Cucamonga. SVA,M CA�rA(A LundqAIP, Bidder P-11 of 17 LMD-2 VICTORIA - WATER CONSERVATION I LANDSCAPE RENOVATION FY 20.21 PROJECT Required Rid Proposal Forms &nbsp; Page 240 BIDDER INFORMATION The bidder shall furnish the following information. Additional sheets may be attached if necessary. Name of Firm: Type of Firm: x Corporation Individual Partnership Business Mailing Address: hOLVIa Ave m uj_ �vL�a., C Oq Place of Business: -36 Ut m.K& we �.�a, G� q'233� Telephone No.: v lo—q— 3�0 3S Contractors License: State: CA License No.: 7�;-316 Public Works DI No.: /00000/5 Names and titles of all � � I members of the firm: ►�ydyl_ ��Cect'den4- Number of years as a contractor in construction work of this type: Three projects of this type recently completed: Date Owner's Name & Contract Amount T e f P oect Completed Address n-e)ef �f4-+G-Z! Person who inspected site of the proposed work for your firm. Name: Inspection NOA Date: �� NOTE: It requested by the City, the Bidder shall furnish a notarized financial s atemenl, references,and other information,sufficiently comprehensive to permit an appraisal of his current financial condition. Bidder P127f17 LIVID-2 VICTORIA — WATER CONSERVATION / LANDSCAPE RENOVATION FY 20.21 PROJECT Required Bid Proposal Forms &nbsp; Page 241 Southern Californis Landscape, Inc. References Owner: M of take Forest Address: 26850 Commercentre Drive Suite 100 take Forest,CA 92630 Contact Debra Roee 94"61-644 Project Name: take Foreet Civic Center CwWdon Data: 1212019 Con1radAmount $1,217,700.00 Aroltaec� AFIRE Landscape Arclrrbscte Aftes ffele Ium 617 W.Seventh St Sub 304 Los Angeles,CA 90017 213.894aW Project Locdon: 100 Cl*Center Dr Lake Forest,CA Project Des"llon: Ineell W98don and landscape Owner: Cfty of Fontana Address: 8353 Sierra Ave Fontana,CA 923W Contact Chuck Flays 909$6M60 Project Name: Scene Crest Piese II 6Nimated Completion DoW. 030 Conb:ectAmouet $860,216.40 Antis 8ftscape Landscape ARddtecture Address/Telephone: 3100 92 Atrpot Loop Dr Cosstmase 92626 9464"-9370 Project Location: Sierra Ave Project Desalption: Install Landscape&Irrigation Owner. city Of Pomona Address: 80B S.Qarey Ave Pomona,CA 91700 Contact Dame Be=909420.2311 PmJW Name: Mq#SWdRelalilltallon Data of Completion: January 2017 ConWAAmount $1,818,974.41 Arditct Hirsch&Associates,Inc. Addraefyelaphone: 2221 E Winston Anaheim,CA 92808 714-776-4340 Project I acedon Garay Avenue Pomona Project Descxipti= trn W bb tlOn and landscape Owner. City of Ontario Address: 303 East B St Ontario CA,91764 90M924MU Contact Kavous Emaml Project Name. Eucalyptus Ave Park Place Project Completion Date: 1111/2019 Contract Amount $607,544.00 Architect RHA Landscape Architect 951-781-1930 Addressgelephone: 6800 Indiana Ave Suite 245 Riverside,CA 92606 Project Location: Park Place City of Ontario Project Description: Install Landscape&Inigation owner. Coy of Claremont Address: 207 Harvard Ave Claremont CA 91711 Contact Vicent Raman 9094994M 'Project Neme: Foothill Blvd Impovemerts Estimated Completion Date'. 02020 Contract Anwunt $2,313,967.30 Architect Gruen Associates Address/Telephone: 6330 San Vknante Bind Suite 200 Los Angeles,CA 90048 323-9374270 Project Location: Foothill Blvd Monte Vista to Towne Project Denax low Install Landscape&"attar &nbsp;. &nbsp; Page 242 SUBCONTRACTORS In compliance with Section 2-3 of the Standard Specifications and the Provisions of the Public Contract Code Section 4100,the undersigned bidder herewith sets forth the name,location of the place of business and California Contractors License Number of each subcontractor who will perform work or labor or render service to the general contractor in or about the construction of the work or improvement in an amount in excess of one-half of one percent(1/2%)of the general contractor's total bid or, in the case of bids or offers for the construction of streets or highways, including bridges, in excess of one-half of one percent(1/2%)of the general contractor's total bid or ten thousand dollars($10,000.0o), whichever is greater and the portion of the work which will be done by each subcontractor as follows: Subcontractor's Business License DIR Description of Percent (%) Name Address No No. Work of Total Bid Total°ri of the work to be performed by Subcontractors listed above: 0, Effective July 1,2014,the bidder shall provide the California Contractor License Number of each subcontractor listed. New Section 4104 contains the following language: "An inadvertent error in listing the California contractor license number provided pursuant to paragraph (1) shall not be grounds for filing a bid protest or grounds for considering the bid nonresponsive if the corrected contractor's license number is submitted to the public entity by the prime contractor within 24 hours after the bid opening and provided the corrected contractor's license number corresponds to the submitted name and location for that subcontractor." 4tjjin c4i a�ncq Bidder P-13 of 17 LMD-2 VICTORIA - WATER CONSERVATION / LANDSCAPE RENOVATION FY 20.21 PROJECT Required Bid Proposal Forms &nbsp; Page 243 DECLARATION OF ELIGIBILITY TO CONTRACT (Labor Code Section 1777.1; Public Contract Code Section 6109) The undersigned contractor,certifies and declares that: 1, The undersigned contractor is aware of Sections 1777.1 and 1777.7 of the California Labor Code,which prohibit a contractor or subcontractor who has been found by the Labor Commissioner or the Director of Industrial Relations to be in violation of certain provisions of the Labor Code,from bidding on,being awarded,or performing work as a subcontractor on a public works project for specified periods of time. 2. The undersigned contractor is not ineligible to bid on, be awarded or perform work as a subcontractor on a public works project by virtue of the foregoing provisions of Sections 1777.1 or 1777.7 of the California Labor Code or any other provision of law, 3. The undersigned contractor is aware of California Public Contract Code Section 6109, which states: "(a) A public entity, as defined in Section 1100 (of the Public Contract Code), may not permit a contractor or subcontractor who is ineligible to bid or work on,or be awarded, a public works project pursuant to Section 1777.1 or 1777.7 of the Labor Code to bid on,be awarded, or perform work as a subcontractor on, a public works project. Every public works project shall contain a provision prohibiting a contractor from performing work on a public works project with a subcontractor who is ineligible to perform work on the public works project pursuant to Section 1777.1 or 1777.7 of the Labor Code. (b)Any contract on a public works project entered into between a contractor and a debarred subcontractor is void as a matter of law. A debarred subcontractor may not receive any public money for performing work as a subcontractor on a public works contract,and any public money that may have been paid to a debarred subcontractor by a contractor on the project shall be returned to the awarding body. The contractor shall be responsible for the payment of wages to workers of a debarred subcontractor who has been allowed to work on the project." 4. The undersigned contractor has investigated the eligibility of each and every subcontractor the undersigned contractor intends to use on this public works project, and determined that none of them is ineligible to perform work as a subcontractor on a public works project by virtue of the foregoing provisions of the Public Contract Code, Sections 1777.1 or 1777.7 of the Labor Code,or any other provision of law. The undersigned declares under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Executed this day of at Tin fiff&A (place of execution),Calif I . ` Si tur 1 _ N me: Title: Pr 6t va•1- ; $���( r,t Company:Sow C�( r-AI4 L Clr' x7rC Bidder P-14 of 17 LMD-2 VICTORIA - WATER CONSERVATION I LANDSCAPE RENOVATION FY 20-21 PROJECT Required Bid Proposal Forms &nbsp; Page 244 CERTIFICATION OF NON-DISCRIMINATION BY CONTRACTORS As suppliers of goods or services to the City of Rancho Cucamonga,the firm listed below certifies that it does not discriminate in its employment with regard to age, disability, race, color, religion, sex, sexual orientation or national origin, that it is in compliance with all federal, state and local directives and executive orders regarding non-discrimination in employment;and that it agrees to demonstrate positively and aggressively the principle of equal opportunity in employment. We agree specifically: 1.To establish or observe employment policies which affirmatively promote opportunities for minority persons at all job levels. 2.To communicate this policy to all persons concerned,including all company employees,outside recruiting services, especially those serving minority communities, and to the minority communities at large. 37o take affirmative steps to hire minority employees within the firm. ell FIRM: II TITLE OF PERS 1 NING: 1" ,Od SIGNATUR DATE: Please include any additional information available regarding equal opportunity employment programs now in effect within your firm. -� e p� r�r/ nG (�' AVIS r` �h S If iL "r'!vf`GrY' �iz`x Bidder P-15 of IT LN10.2 VICTORIA WATER CONSERVATION LANDSCAPE RENOVATION FY 20.21 PROJECT Required Bid Proposal Forms &nbsp; &nbsp; Page 245 NON-COLLUSION DECLARATION The undersigned declares: / /► � l I am the r65fOcLrlt- of c, the party making the foregoing bid, The bid is not made in the interest of, of on behalf of, any undisclosed person, partnership, company,association,organization,or corporation. The bid is genuine and not collusive or sham. The bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid. The bidder has not directly or indirectly colluded,conspired,connived, or agreed with any bidder or anyone else to put in a sham bid, or to refrain from bidding. The bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price of the bidder or any other bidder, or to fix any overhead, profit,or cost element of the bid price, or of that of any other bidder. All statements contained In the bid are true. The bidder has not, directly or indirectly, submitted his or her bid price or any breakdown thereof,or the contents thereof,or divulged information or data relative thereto,to any corporation, partnership, company, association, organization, bid depository, or to any member or agent thereof, to effectuate a collusive or sham bid, and has not paid, and will not pay, any person or entity for such purpose. Any person executing this declaration on behalf of a bidder that Is a corporation,partnership,joint venture, limited liability company, limited liability partnership, or any other entity, hereby represents that he or she has full power to execute, and does execute this declaration on behalf .of the bidder. I declare under penalty of perjury under the laws of the State of California t t t foregoing Is true Lj gorrect, and that this declaration is executed on -! X (date), at (city), CA_ (state). ;�gnature Bidder P-16 01 11 LMO.2 VICTORIA WATER CONSERVATION ! LANDSCAPE RENOVATION FY 20.21 PROJECT Required Bid Proposal Forms —���— -- -- &nbsp; &nbsp; Page 246 NON-COLLUSION DECLARATION The undersigned declares: `1N niA I am the of art the party making the foregoing bid. The bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company,association,organization,or corporation, The bid is genuine and not collusive or sham. The bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid. The bidder has not directly or indirectly colluded, conspired,connived, or agreed with any bidder or anyone else to put in a sham bid. or to refrain from bidding. The bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price of the bidder or any other bidder, or to fix any overhead,profit,or cost element of the bid price, or of that of any other bidder. All statements contained in the bid are true. The bidder has not, directly or indirectly, submitted his or her bid price or any breakdown thereof,or the contents thereof,or divulged information or data relative thereto,to any corporation, partnership, company, association, organization, bid depository, or to any member or agent thereof, to effectuate a collusive or sham bid, and has not paid, and will not pay, any person or entity for such purpose. Any person executing this declaration on behalf of a bidder that is a corporation,partnership,joint venture, limited liability company, limited liability partnership, or any other entity, hereby represents that he or she has full power to execute, and does execute this declaration on behalf of the bidder. I declare under penalty of perjury under the laws of the State of California t at 1e foregoing is true nd correct, and that this declaration is executed on D10 (date), at_ vx _ (city), (state). Signature Bidder P-1601 17 LMD•2 VICTORIA WATER CONSERVATION ! LANDSCAPE RENOVATION FY 20.21 PROJECT" Required Bid Proposal Forms &nbsp; Page 247 BID BOND KNOW ALL MEN BY THESE PRESENT:THAT Southern California Landscape,Inc as Principals,and E.verast Rein Ulrancs Company ,as Surety,are held and Hrmly bound unto TF�E CITY OF RANCHO CUCAMONGA, COUNTY OF BAN BERNARDINO, hereinafter called thQ City.In the sum of Ten Percent of T,otal Amount Bid 00'b of B 0 dopers(not lass than ten percent of the total amount of the bid),for the payment of which sum WON and truly 10 be made,we bind ourseh►es,our heirs, executors,administrators,successors, and assigns,jointly and severalty,firmly by these presents. WHEREAS,said Principal has submitted a bid to said City to perform all work required under the Contract Documents entitled: LMD-2 VICTORIA-WATER CONSERVATION LANDSCAPE RENOVATION FY 20/21 PROJECT NOW,THEREFORE,If said Principal Is awarded a contract by said City and,within the time and In the manner required under the headings"Instruction to Bidders`and`Sahadule of Unit Cost and Lump Sum Amounts` bound with said Specifications, entare into a written contract on the form of agreement bound with said Speeftettons and furnishes the required bonds, one to guarantee faithful performance and the other 10 guarantee payment for labor and materials,then this obligation shall be null and Vold,otherwise it shall remain in full force and effect. In the event suit Is brought upon INS bond by said City and judgment is recovered,said surety shall pay all costs Incurred by said City in such suit,including a reasonable attorneys fee to be fixed by the court. SIGNED AND SEALED,this 8th day of December 2020 , Southem California Landscape,Inc. (Seal) Everest Reinsurance Company Business Name of Bidder(Principal) Business Name of Surety (Seal) By: - By: S n m l.tc l�tn+1 — re Title: kp is l ervr 93--� Title: William Syrkin,Attorney-in-Fact Individual Partnership x Corporallon r _--_Other,explain Southern California Landscape,Inc P-17 of 17 LMD-2 VICTORIA WATER CONSERVATION ► LANDSCAPE RENOVATION FY 20.21 PROJECT Required Bid Proposal Forms &nbsp; &nbsp; Page 248 low EVERE%N POWER OF ATTORNEY EVEREST REINSURANCE COMPANY DELAWARE KNOW ALL PERSONS BY THESE PRESENTS: That Everest Reinsurance Company, a corporation of the Stale of Delaware ('Company) having its principal office located at 477 Mart nswlle Road, Liberty Comer, New Jersey 07938, do hereby nominate constitute,and appoint William Syrkin,Rebecca Haas-Bates,Megan Hilke,Richard Adair,Sergio Bechara its true and lawful Attomey(s)-in-fact to make,execute,attest,seal and deliver for and on its behalf,as surety,and as its act and deed. where required,any and all bonds and undertakings in the nature thereof,for the penal sum of no one of which is in any event to exceed UNLIMITED,reserving for itself the full power of substitution and revocation. Such bonds and undertak-ngs,when duly executed by the aforesaid Attomey(s)-in-fad shall be binding upon the Company as fully and to the same extent as it such bonds and undertakings were signed by the President and Secretary of the Company and sealed with its corporate seal This Power of Attomey is granted and is.signed by facsimile under and by the authority of the following Resolutions adopted by the Board of Directors of Company('Board')on the 28th day of July 2016. RESOLVED, that the President, any Executive Vice President, and any Senior Vice President and Anthony Romano are hereby appointed by the Board as authorized to make,execute,seat and deliver for and on behalf of the Company,any and all bonds, undertakings.contracts or obligations in surety or co-surely with others and that the Secretary or any Assistant Secretary of the Company be and that each of them hereby is authorized to attest to the execution of any such bonds,undertakings,contracts or obligations in surety or co-surety and attach thereto the corporate seat of the Company. RESOLVED, FURTHER. that the President, any Executive Vice President, and any Senior Vice President and Anthony Romano are hereby authorized to execute powers of attorney qualifying the attorney named in the given power of attorney to execute on behalf of the Company bonds and undertakings in surety or co-surety with others,and that the Secretary or any Assistant Secretary of the Company be,and that each of them is hereby authorized to attest the execution of any such power of attorney,and to attach thereto the corporate seal of the Company. RESOLVED,FURTHER,that the signature of such officers named in the preceding resolutions and the corporate seal of the Company may be affixed to such powers of attorney or to any certificate relating thereto by facsimile,and any such power of attorney or cerfificate bearing such facsimile signatures or facsimile seat shall be thereafter valid and binding upon the Company with respect to any bond undertaking.contract or obligation in surety or co-surely with others to which it is attached. IN WITNESS WHEREOF,Everest Reinsurance Company has caused their corporate seas to be affixed hereto,and these presents to be signed by their duly authorized officers this 28th day of July 2016 ��ti�utapt� Everest Reinsurance Company `�•, �a w a SEAL �� �Awr t, +��„ Attest Nicole Chase,Assistant Secretary By Anthony Romano,Vice President On this 231h day of July 2016,before me personally came Anthony Romano known to me,who,being duly sworn.did execute the above instrument:that he knows the seal of said Company that the seal affixed to the aforesaid instrument is such corporate seal and was affixed thereto,and that he executed said instrument by like order. LINDA ROBINS /7 Notary Public,Slate of New York No OIR06239736 Qualified in Queens County Term Expires April 25,2023 1 Linda Rob ns Notary Publ c IN WITNESS WHEREOF,I have hereunto set my hand and affixed the seal of said Company,at the Liberty Corner.this Sth day of December 2020 ES 00 0104 16 &nbsp; &nbsp; Page 249 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE§1189 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached,and not the truthfulness,accuracy,or validity of that document. State of California ) County of, Los Angeles ) on December 8,2020 before me, _A.M.Peluffo,Notary Public_ Date Here Insert Name and Title of the Officer personally appeared _William Syrkin Name of SignerN who proved to me on the basis of satisfactory evidence to be the person(,whose namew iSAR subscribed to the within instrument and acknowledged to me that he/slge/Ow executed the same in his/Iwr/t#aeir authorized capacity(ie4,and that by his/hqr,1tba1r signaturdKon the instrument the persortK, or the entity upon behalf of which the person(r4 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. A.M.PELUFFO o COMM, #2259366 z Signature z 1. Notary Public California o Signatu of No Public Los Angeles County My Comm.Ex Tres Oct.12 2022 Place Notary Seal Above OPTIONAL Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: Document Date: Number of Pages: Signers) Other Than Named Above: Capacity(les)Claimed by Signer(s) Signer's Name:. William Syrkin Signer's Name: CJ Corporate Officer —Title(s). Corporate Officer —Tttle(s): f I Partner— (-I Limited ❑General Partner - ' Limited Cl General CI Individual IX Attorney in Fact Individual ❑Attorney in Fact ❑Trustee L Guardian or Conservator Trustee ❑Guardian or Conservator 11Other: f Other: Signer Is Representing: Everest Reinsurance Signer Is Representing: Como 02014 National Notary Association•www.NationalNotary org-1-800-US NOTARY(1-800-876-6827) Item ii5907 _&nbsp; &nbsp; Page 250 r _California All-Purpose Certificate of Acknowledgment A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached,and not the truthfulness,accuracy,or validity of that document. State of California County of San `.dlewumi ina S.S. On 12 1 # before me, 3C r' ,a-�Vo.taV 9 personally appeared qpnii��: LA-vi vi h1orl -who proved to me on the basis of satisfactory evidence to be the persons whose name(s) dare subscribed to the within instrument and acknowledged to me that I Is4they executed the same in hXlhKr/their authorized capacity(ies), and that by hj /h�/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 The Notary Commission Extended Pursuant of the State of California that the foregoing paragraph is To Executive Order N-71-20 true and correct. IKIMBERLY LYCN WITNESS my hand and official seal. Notary Public COMM. #2168220•California oz San Bernardino County @My Comm.Ez ires Nov.12,2020 OPTIONAL INFORMATION aul!c perso Description of Attached Document Additional , The preceding Certificate of Acknowledgment is attached to a Method of Signer Identification document titled/for the purpose of Proved to me on the basis of satisfactory evidence: ❑form(s)of identification ❑credible witnesses) s containing pages,and dated Notarial event is detailed in notary journal on: The signer(s)capacity or authority islare as Page# Entry# ❑ Individual(s) Notary contact: Att❑ Corporate Officer(s) t Q c �f trt T i Corporate Officers)� Other , ❑Additional Signer ❑ Signer(s)Thumbprints(s) Eli ❑ GuardianlConservalor ❑ Partner-LimitedlGeneral ❑ Trustee(s) ❑ Other: representing: �mrr uxvnm-rn.:rn.:r�� �.. —.&nbsp,- _ &nbsp; Page 251 CONTRACT AGREEMENT KNOW ALL MEN BY THESE PRESENT: That the following agreement is made and entered into, in triplicate,as of the date executed by the City Clerk and the Mayor, by and between Southern California Landscape, Inc. , hereinafter referred to as the "CONTRACTOR" and the City of Rancho Cucamonga, California, hereinafter referred to as"CITY." WHEREAS,pursuant to the Notice Inviting Sealed Bids or Proposals,bids were received,publicly opened,and declared on the date specified in said notice; and WHEREAS, City did accept the bid of Contractor; and WHEREAS, City has authorized the City Clerk and Mayor to enter into a written contract with Contractor for furnishing labor,equipment,and material for the construction of"LMD-2 VICTORIA -WATER CONSERVATION/LANDSCAPE RENOVATION FY 20/21 PROJECT" NOW THEREFORE, in consideration of the mutual covenants herein contained, it is agreed: 1. GENERAL SCOPE OF WORK: Contractor shall furnish all necessary labor, tools, materials, appliances, and equipment for and do the work for the "LMD-2 VICTORIA - WATER CONSERVATION / LANDSCAPE RENOVATION FY 20121 PROJECT" Said work to be performed in accordance with specifications and standards on file in the office of the City Engineer and in accordance with bid prices hereinafter mentioned and in accordance with the instruction of the City Engineer, 2. INCORPORATED DOCUMENTS TO BE CONSIDERED COMPLEMENTARY: The aforesaid specifications are incorporated herein by reference thereto and made a part hereof with like force and effect as if all of said documents were set forth in full herein. Said documents, the Resolution Inviting Bids attached hereto, together with this written agreement, shall constitute the entire contract between the parties. This contract is intended to require a complete and finished piece of work and anything necessary to complete the work properly and in accordance with the law and lawful governmental regulations shall be performed by the Contractor whether set out specifically in the contract or not. Should it be ascertained that any inconsistency exists between the aforesaid documents and this written agreement,the provisions of this written agreement shall control. 3. TERMS OF CONTRACT: The undersigned bidder agrees to execute the contract within fifteen (15) days from the date of notice of award of the contract or upon notice by City after the fifteen (15)days, and to complete his portion of the work within 90 working days from the date specified in the Notice to Proceed. The bidder agrees further to the assessment of liquidated damages in the amount of$2,600.00 for each calendar day the work remains incomplete beyond the expiration of the completion date. City may deduct the amount thereof from any monies due or that may become due the Contractor under this contract. Progress payments made after the scheduled date of completion shall not constitute a waiver of liquidated damages. 4. INSURANCE: The Contractor shall not commence work under this contract until he has obtained all insurance required hereunder in a company or companies acceptable to City C-1 &nbsp; Page 252 nor shall the Contractor allow any subcontractor to commence work on his subcontract until all insurance required of the subcontractor has been obtained. The Contractor shall take out and maintain at all time during the life of this contract the following policies of insurance: a. Workers Compensation Insurance: Before beginning work,the Contractor shall furnish to the Engineer a certificate of insurance as proof that he has taken out full compensation insurance for all persons whom he may employ directly or through subcontractors in carrying out the work specified herein, in accordance with the laws of the State of California. Such insurance shall be maintained in full force and effect during the period covered by this contract. In accordance with the provisions of Section 3700 of the California Labor Code, every contractor shall secure the payment of compensation to his employees. Contractor, prior to commencing work, shall sign and file with the City a certification as follows: "I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for worker's compensation or to undertake self- insurance in accordance with the provisions of that Code, and I will comply with such provisions before commencing the performance of the work of this contract." b. For all operations of the Contractor or any subcontractor in performing the work provided for herein, insurance with the following minimum limits and coverage: (1) General Liability - Bodily Injury (not auto) $2,000,000 each person; $2,000,000 each accident. (2) General Liability - Property Damage (not auto) $1,000,000 each accident; $2,000,000 aggregate. (3) Contractor's Protective- Bodily Injury$1,000,000 each person; $2,000,000 each accident. (4) Contractor's Protective-Property Damage$1,000,000 each accident;$2,000,000 aggregate. (5) Automobile-Bodily Injury$2,000,000 each person; $3,000,000 each accident. (6) Automobile- Property Damage$2,000,000 each accident. C. Each such policy of insurance provided for in paragraph "b."shall: (1) Be issued by an insurance company approved in writing by City,which is qualified to do business in the State of California. The insurance company shall have a policy holder rating of A or higher and a Financial Class VII or higher established by A.M. Best Company Rating Guide; (2) Name as additional insured the City, its elected officials, officers, agents and employees, and any other parties specified in the bid documents to be so included; (3) Specify it acts as primary insurance and that no insurance held or owned by the designated additional insured shall be called upon to cover a loss under said policy; (4) Contain a clause substantially in the following words: C-2 -- - . &ubsp- &nbsp; Page 253 "It is hereby understood and agreed that this policy may not be canceled nor the amount of the coverage thereof reduced until thirty(30) days after receipt by City of a written notice of such cancellation or reduction of coverage as evidenced by receipt of a registered letter." (5) Otherwise be in form satisfactory to City. d. The policy of insurance provided for in subparagraph"a."shall contain an endorsement which: (1) Waives all right of subrogation against all persons and entities specified in subparagraph 4.c. (2) hereof to be listed as additional insured in the policy of insurance provided for in paragraph "b." by reason of any claim arising out of or connected with the operations of Contractor or any subcontractor in performing the work provided for herein; (2) Provides it shall not be canceled or altered without thirty(30)days'written notice thereof given to City by registered mail. e. The Contractor shall at the time of the execution of the contract present the original policies of insurance required in paragraphs"a."and"b."hereof,or present a certificate of the insurance company, showing the issuance of such insurance, and the additional insured and other provisions required herein. Refer to Appendix Item 2 of the Special Provisions for an example of an approved set of Certificates of Insurance. The "Name(s), Organization(s) and/or Political Subdivision(s)" in the "Additional Insured..." endorsement form(s) and in the "Waiver..." endorsement form(s) must be worded exactly as shown in the example. Generic "Blanket" endorsements are not acceptable. 5. PREVAILING WAGE: Notice is hereby given that in accordance with the provisions of California Labor Code, Division 2, Part 7, Chapter 1, Articles 1 and 2, the Contractor is required to pay not less than the general prevailing rate of per diem wages for work of a similar character in the locality in holiday and overtime work. In that regard, the Director of the Department of Industrial Relations of the State of California is required to and has determined such general prevailing rates of per diem wages. Copies of such prevailing rates of per diem wages are on file in the office of the City Clerk of the City of Rancho Cucamonga, 10500 Civic Center Drive, Rancho Cucamonga,California,and are available to any interested party on request. City also shall cause a copy of such determinations to be posted at the job site. Pursuant to provisions of Labor Code Section 1775,the Contractor shall forfeit,as penalty to City, not more than two hundred dollars ($200.00) for each laborer, workman, or mechanic employed for each calendar day or portion thereof if such laborer,workman,or mechanic is paid less than the general prevailing rate of wages hereinbefore stipulated for any work done under the attached contract, by him or by any subcontractor under him, in violation of the provisions of said Labor Code. 6. APPRENTICESHIP EMPLOYMENT: In accordance with the provisions of Section 1777.5 of the Labor Code as amended by Chapter 971, Statutes of 1939, and in accordance with the regulations of the California Apprenticeship Council, properly indentured apprentices may be employed in the prosecution of the work. C-3 &nbsp; &nbsp; Page 254 Attention is directed to the provisions in Section 1777.5 and 1777.6 of the Labor Code concerning the employment of apprentices by the Contractor or any subcontractor under him. Section 1777.5, as amended, requires the Contractor or subcontractor employing tradesmen in any apprenticable occupation to apply to the joint apprenticeship committee nearest the site of the public works project and which administers the apprenticeship program in that trade for a certificate of approval. The certificate will also fix the ratio of apprentices to journeymen that will be used in the performance of the contract. The ratio of apprentices to journeymen in such cases shall not be less than one to five except: a. When unemployment in the area of coverage by the joint apprenticeship committee has exceeded an average of 15 percent in the 90 days prior to the request for certificate,or b. When the number of apprentices in training in the area exceeds a ratio of one to five, or C. When the trade can show that it is replacing at least 1/30 of its membership through apprenticeship training on an annual basis statewide or locally, or d. When the Contractor provides evidence that he employs registered apprentices on all of his contracts on an annual average of not less than one apprentice to eight journeymen. The Contractor is required to make contributions to funds established for the administration of apprenticeship programs if he employs registered apprentices or journeymen in any apprenticable trade on such contracts and if other contractors on the public works site are making such contributions. The Contractor and subcontractor under him shall comply with the requirements of Sections 1777.5 and 1777.6 in the employment of apprentices. 7. LEGAL HOURS OF WORK: Eight(8) hours of labor shall constitute a legal day's work for all workmen employed in the execution of this contract, and the Contractor and any subcontractor under him shall comply with and be governed by the laws of the State of California having to do with working hours set forth in Division 2, Part 7,Chapter 1,Article 3, of the Labor Code of the State of California as amended. The Contractor or Subcontractor shall forfeit, as a penalty to the City of Rancho Cucamonga,twenty-five dollars($25.00)for each worker employed in the execution of the contract by the respective contractor or subcontractor for each calendar day during which the worker is required or permitted to work more than 8 hours in any one calendar day and 40 hours in any one calendar week in violation of the provisions of this article. 8. TRAVEL AND SUBSISTENCE PAY: Contractor agrees to pay travel and subsistence pay to each workman needed to execute the work required by this contract as such travel and subsistence payments are defined in the applicable collective bargaining agreements filed in accordance with Labor Code Section 1773.1. 9. CONTRACTOR'S LIABILITY: The City of Rancho Cucamonga and its elected officials, officers,agents and employees shall not be answerable or accountable in any manner for any loss or damage that may happen to the work or any part thereof, or for any of the C-4 &nbsp; &nbsp; Page 255 materials or other things used or employed in performing the work;or for injury or damage to any person or persons, either workmen, employees of the Contractor or his subcontractors or the public, or for damage to adjoining or other property from any cause whatsoever arising out of or in connection with the performance of the work. The Contractor shall be responsible for any damage or injury to any person or property resulting from defects or obstructions or from any cause whatsoever, except the sole negligence or willful misconduct of the City, its employees, servants, or independent contractors who are directly responsible to City during the progress of the work or at any time before its completion and final acceptance. The Contractor will indemnify City against and will hold and save City harmless from any and all actions,claims,damages to persons or property,penalties,obligations,or liabilities that may be asserted or claimed by any person, firm, entity, corporation, political subdivision, or other organization arising out of or in connection with the work, operation, or activities of the Contractor, his agents,employees,subcontractors,or invitees provided for herein, whether or not there is concurrent passive or active negligence on the part of City, but excluding such actions, claims, damages to persons or property, penalties, obligations, or liabilities arising from the sole negligence or willful misconduct of City, its employees,servants,or independent contractors who are directly responsible to City,and in connection therewith: a. The Contractor will defend any action or actions filed in connection with any of said claims, damages, penalties, obligations, or liabilities and will pay all costs and expenses, including attorneys'fees incurred in connection therewith. b. The Contractor will promptly pay any judgment or award rendered against the Contractor or City covering such claims,damages, penalties,obligations,and liabilities arising out of or in connection with such work,operations,or activities of the Contractor hereunder or reasonable settlement in lieu of judgment or award, and the Contractor agrees to save and hold the City harmless therefrom. c. In the event City is made a party to any action or proceeding filed or prosecuted against the Contractor for damages or other claims arising out of or in connection with the project, operation, or activities of the Contractor hereunder, the Contractor agrees to pay to City any and all costs and expenses incurred by City in such action or proceeding together with reasonable attorneys'fees. So much of the money due to the Contractor under and by virtue of the contract as shall be considered necessary by City may be retained by City until disposition has been made of such actions or claims for damage as aforesaid. 10. NON-DISCRIMINATION: No discrimination shall be made in the employment of persons upon public works because of age, disability, race, color, religion, sex, sexual orientation or national origin of such persons, and every contractor for public works violating this section is subject to all the penalties imposed for a violation of Division 2, Part 7, Chapter 1 of the labor Code in accordance with the provisions of Section 1735 of said Code. 11. CONTRACT PRICE AND PAYMENT: City shall pay to the Contractor for furnishing the material and doing the prescribed work per the unit prices set forth in accordance with Contractor's Proposal. C-5 &nbsp; Page 256 IN WITNESS WHEREOF,the parties hereto have caused these present to be duly executed with all the formalities required by law on the respective dates set forth opposite their signatures. State of California Contractor's License#: Date By: Signature Print Name&Title By: Signature Print Name&Title CITY OF RANCHO CUCAMONGA, CALIFORNIA By: BY: L. Dennis Michael, Mayor Janice C. Reynolds, City Clerk Date Contractor's Business Phone Number: Emergency Name and Phone Number at which Contractor can be reached at any time: C•6 &nbsp; &nbsp; Page 257 CONTRACT FAITHFUL PERFORMANCE BOND KNOW ALL MEN BY THESE PRESENT: THAT. Southern California Landscape, Inc. as Principal, and , as Surety, are held and firmly bound unto the City of Rancho Cucamonga, hereinafter called City, in the just and full amount of Six Hundred Thirty Three Thousand Eight Hundred Three and 90/100 Dollars (Written) $ 633.803.90 (Figures) payment whereof we hereby bind ourselves, our heirs, executors,administrators,successors and assigns,jointly and severally,firmly by these presents. Given under our hands and sealed with our seal this_day of , 20_. The condition of the foregoing obligation is such that, WHEREAS, the above-named principal is about to enter into a contract with the City, whereby said principal agrees to construct "LMD-2 VICTORIA - WATER CONSERVATION / LANDSCAPE RENOVATION FY 20/21 PROJECT" in accordance with the AGREEMENT dated ,which said contract is hereby referred to and made a part hereof to the same extent as if the same were herein specifically set forth; NOW,THEREFORE, if the said principal shall well and truly do and perform all things agreed by the principal in said contract to be done and performed,then this obligation is to be void;otherwise it will remain in full force and effect; PROVIDED, that for value received the undersigned stipulate and agree that no amendment, change, extension of time, alteration or addition to said contract, or agreement, or of any feature or item or items of performance required therein or thereunder shall in any manner affect the obligations of the undersigned under this bond; and the surety does hereby waive notice of such amendment, limitation of time for bringing action on this bond by the City, change, extension of time,alteration or addition to said contract or agreement and of any feature or time of performance required therein or thereunder. WITNESS our hands this_day of , 20_. By: Title: Surety: By: _ Individual _ Partnership _ Corporation Other, explain SIGNATURES OF CONTRACTOR MUST BE ACKNOWLEDGED BEFORE A NOTARY PUBLIC. PLEASE ATTACH APPROPRIATE ACKNOWLEDGMENT FORMS (INDIVIDUAL, PARTNERSHIP, CORPORATION, ETC.). B-1 &nbsp; Page 258 Bond No.: PAYMENT BOND (Labor and Materials) KNOW ALL PERSONS BY THESE PRESENTS that: WHEREAS the CITY OF RANCHO CUCAMONGA (name of City) ("City") has awarded to Southern California Landscape, Inc. 8636 Banana Avenue, Fontana,CA 92335 (Name and address of Contractor) ("Principal"), a contract(the"Contract")for the work described as follows: LMD-2 VICTORIA-WATER CONSERVATION/ LANDSCAPE RENOVATION FY 20/21 PROJECT WHEREAS, Principal is required under the terms of the Contract and the California Civil Code to secure the payment of claims of laborers, mechanics, materialmen, and other persons as provided by law. NOW THEREFORE, we,the undersigned Principal, and (Name and address of Surety) ("Surety") a duly admitted surety insurer under the laws of the State of California, as Surety, are held and firmly bound unto City in the penal sum of Six Hundred Thirty Three Thousand Eight Hundred Three and 90/100 Dollars ($ 633,803.90), this amount being not less than one hundred percent(100%) of the total contract price, in lawful money of the United States of America,for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors, and assigns, jointly and severally,firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH THAT, if the hereby bounded Principal, his, her or its heirs, executors, administrators, successors or assigns, or subcontractors shall fail to pay any of the persons named in Section 9100 of the California Civil Code, or any amounts due under the Unemployment Insurance Code with respect to work or labor performed under the Contract,or for any amounts required to be deducted,withheld,and paid over to the Employment Development Department from the wages of employees of the Principal and subcontractors pursuant to Section 13020 of the Unemployment Insurance Code, with respect to work or labor performed under the Contract, the Surety will pay for the same in an amount not exceeding the penal sum specified in this bond; otherwise,this obligation shall become null and void. B-2 &nbsp; Page 259 Payment Bond(continued) This bond shall insure to the benefit of any of the persons named in Section 9100 of the California Civil Code so as to give a right of action to such persons or their assigns in any suit brought upon the bond. In case the suit is brought upon this bond, Surety further agrees to pay all court costs and reasonable attorneys'fees in an amount fixed by the court. FURTHER, the Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration, addition or modification to the terms of the Contract, or of the work to be performed thereunder, or the specifications for the same, shall in any way affect its obligations under this bond, and it does hereby waive notice of any such change, extension of time, alteration, addition, or modification to the terms of the Contract or to the work or to the specifications thereunder. Surety hereby waives the provisions of California Civil Code Sections 2845 and 2849. IN WITNESS WHEREOF,two(2)identical counterparts of this instrument,each of which shall for all purposes be deemed an original hereof, have been duly executed by Principal and Surety,on the date set forth below,the name of each corporate party being hereto affixed and these presents duly signed by its undersigned representative(s) pursuant to authority of its governing body. Date: "Principal" "Surety" By: By: Its Its By: By: Its Its (Seal) (Seal) Note: This bond must be executed in duplicate and dated, all signatures must be notarized, and evidence of the authority of any person signing as attorney-in-fact must be attached. B-3 &nbsh;---- - —. &nbsp; Page 260 CONTRACT WORKER'S COMPENSATION INSURANCE CERTIFICATE The Contractor shall execute the following form as required by the California Labor Code, Sections 1860 and 1861: 1 am aware of the provision of Section 3700 of the Labor Code which requires every employer to be insured against liability for worker's compensation or to undertake self-insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract. Date (Contractor) By: (Signature) (Title) Attest: By: (Signature) (Title) INS-1 &nbs &nbsp; Page 261 CITY OF RANCHO CUCAMONGA SPECIFICATIONS FOR PUBLIC WORKS CONSTRUCTION The work shall be done in accordance with the "Green Book" Standard Specifications for Public Works Construction 2015 edition and 2016 Supplement written and promulgated by the Southern California Chapter of the American Public Works Association and the Southern District Associated General Contractors of California Joint Cooperative Committee, herein referred to as the "Standard Specifications." Subsequent amendments, supplements and/or additions shall also be considered,included herein. Copies are available from the publisher, Building News, Incorporated, 1612 So. Clementine Street, Anaheim, California, 92802, telephone (714) 517- 0970. The Standard Specifications set forth above will control the general provisions, construction materials, and construction methods for this contract except as amended by the Plans,other contract documents,or the Special Provisions to follow. The section numbers of the following amendments coincide with those of said Standard Specifications. Only those sections requiring elaborations, amendments, specifying of options, or additions are referenced. SPECIAL PROVISIONS Amendments to "Standard Specifications" PART 1 GENERAL PROVISIONS SECTION 1 —TERMS, DEFINITIONS,ABBREVIATIONS, UNITS OF MEASURE, AND SYMBOLS 1-2 TERMS AND DEFINITIONS The words and phrases defined below, appear in the Standard Specifications and in these Special Provisions, shall for the purpose of the Contract have the meaning hereinafter assigned to them. Agency: The City of Rancho Cucamonga. Board: The City Council of the City of Rancho Cucamonga. Engineer: The Public Works Services Director of the City of Rancho Cucamonga,acting personally or through agents or assistants duly authorized by him. The following shall be added: City: City of Rancho Cucamonga, San Bernardino County, California. Major Bid Item: A single Contract item constituting 10 percent or more of the original Contract Price. Substantial Completion: Means the project can be used for its intended purpose as determined by the Engineer. GP-1 - - - - - - - &nbsp; - &nbsp; Page 262 SECTION 2—SCOPE AND CONTROL OF THE WORK 2-1 AWARD AND EXECUTION OF CONTRACT The following subsection shall be added to subsection 2-1: 2-1.1 DESCRIPTION OF WORK The scope of work to be performed in general consists of,but not limited to,the removal and replacement of trees landscaping, hardsca a irrigation systems and other related work. 2-4 CONTRACT BONDS Delete the second sentence of the fourth paragraph and add the following: The"Performance Bond"shall remain in force until the acceptance of the Work by the Board. The bond shall be maintained by the Contractor in full force and effect until thirty-five days after recordation of the Notice of Completion and acceptance of a"Maintenance Surety Bond"per Section 4-1.1. 2-5 PLANS AND SPECIFICATIONS 2-5.1 GENERAL. Add the following after the third paragraph: While it is believed that much of the information pertaining to conditions,which may affect the cost of the Work, will be shown on the Plans or indicated in the Specifications, the Agency does not warrant the completeness or accuracy of such information. The Contractor shall ascertain the existence of any conditions affecting the cost of the Work through a reasonable examination of the Work site prior to submitting the Bid. Existing improvements visible at the Work site, for which no specific disposition is made on the Plans, but which interfere with the completion of the Work, shall be removed and disposed of by the Contractor. The following paragraphs shall be added following the last paragraph: If the Contractor, either commencing work or in the course of the work, finds any discrepancy between the Specifications and the Plans, or between either, and the physical conditions at the site of the work, or finds any error or omission in any of the Plans, or Specifications or survey, he shall promptly notify the Engineer in writing of any such discrepancy, error, or omission. If the Contractor observes that any of the Plans or Specifications are at variance with any applicable law, ordinance, regulation, order or decree, he shall promptly notify the Engineer in writing of such conflict. The Engineer on receipt of any such notice shall promptly investigate the circumstances and give appropriate instructions to the Contractor. Until such instructions are given,any work done by the Contractor, either directly or indirectly, after his discovery of such error, discrepancy, or conflict, will be at his own risk, and he shall bear all costs arising therefrom. GP-2 &nbsp; Page 263 2-5.2 PRECEDENCE OF CONTRACT DOCUMENTS. The following paragraph shall be added following paragraph two; Should it appear that the work to be done or any matter relative thereto is not sufficiently detailed or explained by the specifications,the Contractor shall apply to the Engineer for such further explanation as may be necessary and shall conform to such explanation or interpretation as part of the Contract so far as may be consistent with the intent of the original plans and specifications. In the event of any discrepancy between any drawing and the figures written thereon, the figures shall be taken as correct. 2-5.4. AS BUILT PLANS. Add the following subsection: The Contractor shall maintain a control set of Plans and Specifications on the project site at all times. All final locations determined in the field, and any deviations from the Plans and Specifications, shall be marked in red on this control set to show the as-built conditions. Upon completion of all work, the Contractor shall return the control set to the Engineer. Final payment will not be made until this requirement is met. 2-6 WORK TO BE DONE The following paragraphs shall be added following paragraph one: All work which is defective in its construction or deficient in any of the requirements of the Plans and Specifications shall be remedied or removed and replaced by the Contractor in an acceptable manner at his own expense. No compensation will be allowed for any work done beyond the lines and grades shown on the Plans or established by the Engineer. Upon failure on the part of the Contractor to comply with any order of the Engineer made under the provisions of this article,the Engineer and City may cause the defective work to be remedied or removed and replaced at the expense of the Contractor. Any unauthorized or defective work, defective material or workmanship or any unfaithful or imperfect work that may be discovered before final acceptance of work by the board shall be corrected immediately with no extra charge even though it may have been overlooked in previous inspections and estimates or may have been caused due to failure to inspect the Work. 2-10 AUTHORITY OF THE BOARD AND THE ENGINEER The following paragraphs shall be added following paragraph two: All authorized alterations affecting the requirements and information given on the approved plans shall be in writing. No changes shall be made on any plan or drawing after the same has been approved by the Engineer, except by direction of the Engineer in writing. Deviations from the approved plans,as may be required by the exigencies of construction, will be determined in all cases by the Engineer and authorized in writing. All instructions, rulings and decisions of the Engineer shall be in writing and binding on all parties unless formal protest is made as provided in the following paragraph: If the Contractor considers any work demanded of him to be outside the requirements of the contract, or if he considers any instruction, ruling or decision of the Inspector or Engineer to be unfair, he shall within ten (10) days after any such demand is made, or instruction, ruling or decision is given, file a written GP-3 &nbsp; Page 264 protest with the Engineer, stating clearly and in detail his objections and reasons therefore. Except for such protests and objections as are made of record in the manner and within the time above stated, the Contractor shall be deemed to have waived and does hereby waive all claims for extra work, damages and extensions of time on account of demands, instructions, rulings and decisions of the Engineer. Upon receipt of any such protest from the Contractor,the Engineer shall review the demand, instruction, ruling or decision objected to and shall promptly advise the Contractor, in writing, of his final decision, which shall be binding on all parties, unless within the ten days thereafter the Contractor shall file with the Board a formal protest against said decision of the Engineer.The Board shall consider and render a final decision on any such protest within thirty(30) days of receipt of same. The following subsection shall be added: 2-13 CLAIMS DISPUTE RESOLUTION In the event of any dispute or controversy with the City over any matter whatsoever,the Contractor shall not cause any delay or cessation in or of Work, but shall proceed with the performance of the Work in dispute. The Contractor shall retain any and all rights provided that pertain to the resolution of disputes and protests between the parties. The Disputed Work will be categorized as an"unresolved dispute"and payment, if any, shall be as later determined by agreement or a court of law. The Contractor shall keep accurate, detailed records of all Disputed Work, claims and other disputed matters. All claims arising out of or related to the Contract Documents or this Project, and the consideration and payment of such claims, are subject to the Government Claims Act (Government Code Section 810 et seq.) with regard to filing claims. All such claims are also subject to the dispute procedures set forth in Public Contract Code Section 9204 and Public Contract Code Section 20104,et seq. (Article 1.5),to the extent each is applicable. This Contract hereby incorporates those provisions as through fully set forth herein. Thus, the Contractor or any Subcontractor must file a claim in accordance with the Government Claims Act as a prerequisite to filing a construction claim in compliance with Section 9204 and Section 20104 et seq. (if applicable), and must then adhere to Section 20104, et seq. and Section 9204, as applicable, pursuant to the definition of"claim"as individually defined therein. GP-4 &nbsp; Page 265 SECTION 3—CHANGES IN WORK 3-2 CHANGES INITIATED BY THE AGENCY. 3-2.2 CONTRACT UNIT PRICES. 3-2.2.1 GENERAL. Add"Major Bid" between"an" and"item" in the first line of the second paragraph: The last sentence of the second paragraph shall be deleted and replaced with the following: Adjustments in excess of 25 percent may be done by extension of Contract Unit Prices as described above,or pursuant to 3-2.2.2 or 3-2.2.3 as appropriate. 3-2.2.2 INCREASES OF MORE THAN 25 PERCENT. Add "Major Bid"between "an"and"item" in the first line of the first paragraph. 3-2.2.3 DECREASES OF MORE THAN 25 PERCENT. Add"Major Bid"between "an" and"item" in the first line of the first paragraph. 3-2.4 AGREED PRICES. Add the following before the first sentence of the first paragraph: Agreed Prices are prices for new or unforeseen work, or adjustments in Contract Unit Prices per 3-2.2, established by mutual agreement between the Contractor and the Agency. 3-3 EXTRA WORK 3-3.2 PAYMENT. 3-3.2.3 MARKUP. The entire text of the Subsection 3-3.2.3 shall be deleted and replaced with the following: (a) Work by Contractor. The following percentages shall be added to the Contractor's costs and shall constitute the markup for all overhead and profits: 1) Labor......................................................20 2) Materials.................................................15 3) Equipment Rental...................................15 4) Other Items and Expenditures................15 To the sum of the costs and markups provided for in this subsection, 1 percent shall be added as compensation for bonding. (b) Work by Subcontractor. When all or any part of the extra work is performed by a Subcontractor, the markup established in 3-3.2.3(a) shall be applied to the Subcontractor's actual cost of such work. A markup of 5 percent of the subcontracted portion of the extra work may be added by the Contractor. GP-5 &nbsp; Page 266 SECTION 4-CONTROL OF MATERIALS 4-1 MATERIALS AND WORKMANSHIP 4-1.1 GENERAL. The following paragraphs shall be added following paragraph three: Used or secondhand materials,parts,and equipment may be used only if permitted by the specifications. The Contractor shall guarantee the entire work constructed by him under the contract to be free of defects in materials and workmanship for a period of one year following the date of acceptance of the work by the Board. The Contractor shall agree to make, at his own expense, any repairs or replacements made necessary by defects in materials or workmanship, which become evident within the warranty period. The Contractor shall further agree to indemnify and save harmless the City and Engineer, and their officers, agents and employees, against and from all claims and liability arising from damage and injury due to said defects. The Contractor shall make all repairs and replacements promptly upon receipt of written order from the Engineer. If the contractor fails to make the repairs and replacements promptly, the City may do the work and the Contractor, and his surety shall be liable to the City for the cost of the work. The guarantee and conditions specified above shall be secured by a surety bond,which shall be delivered by the Contractor to the City prior to the date on which final payment is made to the Contractor. Said bond shall be in an approved form and executed by a surety company or companies satisfactory to the City, in the amount of ten percent (10%) of the contract price, or$1,000.00, whichever is greater. Said bond shall remain in force for the duration of the warranty period specified. 4-1.3 INSPECTION REQUIREMENTS. The text of Subsection 4-1.3.1 "General," shall be deleted and replaced with the following: Materials to be used in the work will be subject to inspection and tests by the Engineer or his designated representative. The Contractor shall furnish without charge such samples as may be required. The Contractor shall furnish the Engineer a list of his sources of materials and the locations at which such materials will be available for inspection. The list shall be furnished to the Engineer in sufficient time to permit inspecting and testing of their use. The Engineer may inspect, sample or test materials at the source of supply or other locations, but such inspection, sampling or testing will not be undertaken until the Engineer is assured by the Contractor of the cooperation and assistance of both the Contractor and the supplier of the material.The Contractor shall assure that the Engineer or his authorized representative has free access at all times to the material to be inspected, sampled or tested. It is understood that such inspections and tests, if made at any point other than the point of incorporation in the work, in no way shall be considered as a guarantee of acceptance of such material nor of continued acceptance of material presumed to be similar to that upon which inspections and tests have been made, and that inspection and testing performed by the City shall not relieve the Contractor or his suppliers of responsibility for quality control. Manufacturers'warranties,guarantees, instruction sheets and parts lists,which are furnished with certain articles of materials incorporated in the work,shall be delivered to the Engineer before acceptance of the contracts. The Engineer may inspect the production of material, or the manufacture of products at the source of supply. Plant inspection,however,will not be undertaken until the Engineer is assured of the cooperation GP-6 &nbsp; Page 267 and assistance of both the Contractor and the material producers. The Engineer or his authorized representative shall have free entry at all times to such parts of the plant as concerns the manufacture or production of the materials. Adequate facilities shall be furnished free of charge to make the necessary inspection. The City assumes no obligation to inspect materials at the source of supply. 4-1.4 TEST OF MATERIALS. The first paragraph shall be deleted and replaced with the following paragraphs: Before incorporation in the Work,the Contractor shall submit samples of materials, as the Engineer may require, at no cost to the Agency. The Contractor, at its expense, shall deliver the materials for testing to the place and at the time designated by the Engineer. Except as elsewhere specified,the City will bear the cost of testing material and/or workmanship,which meet or exceed the requirements indicated in the Standard Specifications and the Special Provisions. The cost of all other tests, including the retesting of material or workmanship that fails to pass the first test, shall be borne by the Contractor. The Contractor shall at his expense furnish the City, in triplicate, certified copies of all required factory and mill test reports. Any materials shipped by the Contractor from a factory or mill prior to having satisfactorily passed such testing and inspection by a representative of the City shall not be incorporated in the work, unless the Engineer shall have notified the Contractor, in writing, that such testing and inspection will not be required. 4-1.5 CERTIFICATE OF COMPLIANCE. Add the following paragraphs at the end of the subsection: A Certificate of Compliance shall be furnished prior to the use of any materials for which these specifications or the special provisions require that such a certificate be furnished. In addition, when so authorized in these specifications or in the special provisions the Engineer may permit the use of certain materials or assemblies prior to sampling and testing if accompanied by a Certificate of Compliance. The certificate shall be signed by the manufacturer of the material or the manufacturer of assembled materials and shall state that the materials involved comply in all respects with the requirements of the specifications. A Certificate of Compliance shall not relieve the Contractor or responsibility for incorporating material in the work which conforms to the requirements of the plans and specifications, and any such material not conforming to such requirements will be subject to rejection whether in place or not. The City reserves the right to refuse to permit the use of material on the basis of a Certificate of Compliance. The form of the Certificate of Compliance and its disposition shall be as directed by the Engineer. GP-7 &nbsp; Page 268 SECTION 5—UTILITIES 5-1 LOCATION 5-1.1 GENERAL. Add the following after the first paragraph: The location and existence of any underground utility or substructure was obtained from a search of available records. No guarantee is made or implied that the information is complete or accurate. It shall be the Contractor's responsibility alone to determine the exact location of underground utilities or substructures of every nature and to protect them from damage. The Contractor shall excavate and expose all high-risk underground facilities. The Contractor shall notify the owners of all utilities and substructures as set forth in these Special Provisions. 5-1.2 PAYMENT. The text of the subsection shall be deleted and replaced with the following: Any utility locations that are indicated on the plans to be potholed prior to construction will be paid for at the unit cost bid in the proposal. For all other utilities, if no pay item is provided, full compensation for such work shall be considered as included in the prices bid for other items of work. 5-4 RELOCATION Add the following paragraph at the end of the subsection: Any facilities to be relocated by the Contractor, as indicated on the plans, shall be relocated in a workmanlike manner. All such work shall be done only at such times which are acceptable to the owner. The Contractor shall schedule his relocation work in cooperation with the owner and shall be responsible for any costs resulting from the Contractor's failure to do the work at times which are acceptable to the owner. The Contractor shall notify owners as least two(2)working days in advance of any work on any of their utilities. The following subsection shall be added: 5-7 UTILITY CONNECTION For utility connections to City owned facilities, the Contractor shall take all action necessary to ensure that such utilities are placed in the City's name. GP-8 &nbsp; Page 269 SECTION 6—PROSECUTION, PROGRESS AND ACCEPTANCE OF THE WORK 6-1 CONSTRUCTION SCHEDULE AND COMMENCEMENT OF WORK 6-1.1 CONSTRUCTION SCHEDULE Add the following paragraphs at the end of this subsection: Prior to the commencement of construction,arrangements will be made by the City for a meeting between the Contractor, the Engineer, Utility Representatives, designers and others as may be involved with the project. The purpose of this meeting is to coordinate the activities of the Contractor within the limits of this contract, review utility conflicts, review scheduling, discuss construction methods and clarify inspection procedures, etc. The Contractor shall submit at this meeting, for approval by the Engineer, the proposed construction schedule. The Contractor shall submit Progress Reports to the Engineer by the tenth day of each month. The report shall include an updated Construction Schedule. Any deviations from the original schedule shall be explained. Progress payments will be withheld pending receipt of any outstanding reports. 6-3 SUSPENSION OF THE WORK 6-3.1 GENERAL. Add the following paragraph following paragraph one: In the event a suspension of work is ordered because of failure on the part of the Contractor to carry out orders given or to perform any provisions of the work, such suspension of work shall not relieve the Contractor of his responsibility to complete the work within the time limit set forth herein and shall not be considered cause for extension of the time for completion,and further,such suspension of work shall not entitle the Contractor to any additional compensation. 6-7 TIME OF COMPLETION 6-7.2 Working Day. The following subsection shall be added: The Contractor's working day activities shall be limited to the hours between 7:00 A.M. and 4:00 P.M., Monday through Friday,excluding recognized City holidays and any City holiday closure period. See Appendix 1 "City Working Day Calendar". The working day shall encompass 8 hours from start to finish, including clean-up and securing the work site. Deviation from normal working hours will not be allowed without prior consent of the Engineer. Work near schools or located on major arterials may be subjected to additional working hour provisions. In the event work is allowed by the Engineer outside of the normal working hours, at the request of and for the benefit of the Contractor, inspection service fees may be levied against the Contractor at the current rate per hour, plus time and one-half and 15% administration fee, including travel time where applicable, with a minimum hourly charge for four(4) hours. The above charge may also be levied if inspection services are deemed necessary by the Engineer as a matter of public safety or to otherwise ensure the quality of the work. GP-9 &nbsp; Page 270 6-8 COMPLETION,ACCEPTANCE,AND WARRANTY. 6-8.1 COMPLETION. Delete the following from the last sentence: "...and to which liquidated damages will be computed." 6-8.3 WARRANTY. The first paragraph shall be deleted and replaced with the following: All work shall be warranted by the Contractor against defective workmanship and materials for a period of 1 year from the date of the acceptance of the work by the Board. The following shall be added to the end of the second paragraph: In addition, manufacturers'warranties, guarantees, instruction sheets and parts list, which are furnished with articles or materials incorporated in the work, shall be delivered to the Engineer before acceptance of the work by the City. 6-9 LIQUIDATED DAMAGES The last sentence of paragraph one shall be deleted and replaced with the following: For each consecutive calendar day in excess of the time specified in Item 3 of the Contract Agreement, as adjusted in accordance with Subsection 6-6, for completion of the Work, the Contractor shall pay to the Agency,or have withheld from monies due it,the sum of$2,600.00 per day unless otherwise provided in the Specifications. The last paragraph shall be deleted and replaced with the following: Execution of the Contract shall constitute agreement by the Agency and the Contractor that$2,600.00 per day is the minimum value of the costs and actual damage caused by the failure of the Contractor to complete the Work within the allotted time. Such sum is liquidated damages and shall not be construed as a penalty, and may be deducted from payments due the Contractor if such delay occurs. The following paragraph shall be added at the end of the subsection: The Engineer will set forth in writing the date of Substantial Completion of the work and this will be the date which liquidated damages will be computed. GP-10 &nbsp; Page 271 SECTION 7—RESPONSIBILITIES OF THE CONTRACTOR 7-1 THE CONTRACTOR'S EQUIPMENT AND FACILITIES 7-1.1 GENERAL. The following sentence shall be added to the end of paragraph one: Such equipment and facilities shall meet all requirements of applicable ordinances and laws. 7-2 LABOR 7-2.2 PREVAILING WAGES. The following paragraphs shall be added following paragraph one: The Contractor, and all subcontractors, suppliers and vendors, shall comply with all City, State and Federal orders regarding affirmative action to ensure equal employment opportunities and fair employment practices. Failure to file any report due under said orders will result in suspension of progress payments. The Contractor shall ensure unlimited access to the job site for all equal employment opportunity compliance officers. Particular attention is called to the Labor Code of California, Part 7,Chapter I, Article 2, "Wages,"Article 3,"Working Hours." Attention is also directed to the provisions in Section 1777.5 and 1777.6 of the Labor Code concerning the employment of apprentices by the Contractor or any subcontractor under him. The following subsection shall be added: 7-2.6 .JOB SITE NOTICE. Pursuant to the Labor Code, Division 2, Part 7, Chapter 1, Section 1771.4(a)(2), the prime contractor shall post job site notices,as prescribed by regulation. 7-3 INSURANCE The text of this entire subsection, except the last paragraph under subsection 7-3.1 and entire subsection 7-3.3 (Workers'Compensation Insurance),shall be deleted and replaced with the following in accordance to the City's "Contract Agreement": The Contractor shall not commence work under this contract until he has obtained all insurance required hereunder in a company or companies acceptable to the City nor shall the Contractor allow any subcontractor to commence work on his subcontract until all insurance required of the subcontractor has been obtained. The Contractor shall take out and maintain at all times during the life of this contract the following policies of insurance: a. Compensation Insurance: Before beginning work,the Contractor shall furnish to the Engineer a certificate of insurance as proof that he has taken out full compensation insurance for all persons whom he may employ directly or through subcontractors in carrying out the work specified herein, in accordance with the laws of the State of California. Such insurance shall GP-11 &nbsp; Page 272 be maintained in full force and effect during the period covered by this contract. In accordance with the provisions of Section 3700 of the California Labor Code, every contractor shall secure the payment of compensation to his employees. Contractor, prior to commencing work,shall sign and file with the City a certification as follows: "I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for worker's compensation or to undertake self-insurance in accordance with the provisions of that Code, and I will comply with such provisions before commencing the performance of the work of this contract." b. The policy of insurance provided for in subparagraph a. shall contain an endorsement which: (1) Waives all right of subrogation against all persons and entities specified in subparagraph 7-3 d.(2) hereof to be listed as additional insureds in the policy of insurance provided for in paragraph c. by reason of any claim arising out of or connected with the operations of Contractor or any subcontractor in performing the work provided for herein; (2) Provides it shall not be canceled or altered without thirty(30)days'written notice thereof given to City by registered mail. c. For all operations of the Contractor or any subcontractor in performing the work provided for herein, insurance with the following minimum limits and coverage: (1) Public Liability- Bodily Injury (not auto).................................$2,000,000 each person; $2,000,000 each accident. (2) Public Liability-Property Damage (not auto) .......................$1,000,000 each accident; $2,000,000 aggregate. (3) Contractor's Protective-Bodily Injury ..................................$1,000,000 each person; $2,000,000 each accident. (4) Contractor's Protective- Property Damage ..........................$1,000,000 each accident; $2,000,000 aggregate. (5) Automobile-Bodily Injury ....................................................$2,000,000 each person; $3,000,000 each accident. (6) Automobile- Property Damage ............................................$2,000,000 each accident. d. Each such policy of insurance provided for in paragraph c. shall: (1) Be issued by an insurance company approved in writing by City, which is qualified to do business in the State of California. The insurance company shall have a policy holder rating of A or higher and a Financial Class VII or higher established by A.M. Best Company Rating Guide; GP-12 &nbsp; Page 273 (2) Name as additional insured the City of Rancho Cucamonga, its elected officials, officers, agents and employees, and any other parties specified in the bid documents to be so included: (3) Specify it acts as primary insurance and that no insurance held or owned by the designated additional insureds shall be called upon to cover a loss under said policy; (4) Contain a clause substantially in the following words: "It is hereby understood and agreed that this policy may not be canceled nor the amount of the coverage thereof reduced until thirty (30) days after receipt by City of a written notice of such cancellation or reduction of coverage as evidenced by receipt of a registered letter." (5) Otherwise be in form satisfactory to City. e. The Contractor shall at the time of the execution of the contract present the original policies of insurance required in paragraphs a. and c. hereof, or present a certificate of the insurance company showing the issuance of such insurance, and the additional insureds and other provisions required herein. Refer to Appendix Item 2 of the Special Provisions for an example of an approved set of Certificates of Insurance. The"Name(s),Organization(s)and/or Political Subdivision(s)" in the "Additional Insured..."endorsement form(s)and in the"Waiver..."endorsement form(s)must be worded exactly as shown in the example. Generic "Blanket" endorsements are not acceptable. 7-5 PERMITS The entire text of Subsection 7-5 is deleted and replaced with the following: Prior to the start of any work, the Contractor shall obtain the applicable City permits and make arrangements for City inspections. The City will issue the permits at no charge to the Contractor. The Contractor and all subcontractors shall each obtain a City business license and shall be licensed in accordance with State Business and Professions Code. The Contractor shall also obtain any and all other permits, licenses, inspections, certificates, or authorizations required by any governing body or entity. The Contractor shall submit a Temporary Use Permit application to the Code Enforcement Office of the Planning Division of the City before utilizing a temporary construction storage site. The application shall state the site's intended use and include a map showing the location of the temporary storage area in relation to the project area along with proposed ingress and egress routes. Permit submittal information can be obtained from Code Enforcement, (909) 477-2720. In the event that the City has obtained permits, licenses or other authorizations applicable to the work from other agencies, the Contractor shall comply with the provisions of said permits, licenses and other authorizations. Any charges for permit fees, licenses, inspection fees,certificates, insurance, authorizations, bonds that are required by any other governing body entity, utilities, railroads, agency shall be paid for by the Contractor. The actual costs of these charges to the Contractor shall be reimbursable by the City. GP-13 &nbsp; Page 274 7-6 THE CONTRACTOR'S REPRESENTATIVE The following paragraphs shall be added following paragraph one: The Contractor shall file with the Engineer the addresses and telephone numbers where he or his designated representative may be reached during hours when the work is not in progress, so that 24- hour,7-days-a-week contact can be maintained. Instructions and information given by the Engineer to the Contractor's authorized representative or at the address or telephone numbers filed in accordance with this section shall be considered as having been given to the Contractor. 7-8 WORK SITE MAINTENANCE 7-8.3 NOISE CONTROL. The text of the subsection shall be deleted and replaced with the following: Noise generated from the Contractor's operations shall be controlled as specified by City Ordinance.The use of excessively loud warning signals shall be avoided except in those cases required for the protection of personnel. 7-8.6.2 BEST MANAGEMENT PRACTICES(BMPs). The following is added after the first sentence in the second paragraph as follows: Best Management Practices relevant to the Work shall be in accordance with the current California Stormwater Quality Association (CASQA) BMP Handbook as needed and/or otherwise directed by the Engineer. The contractor shall implement and maintain BMPs relevant to the scope of work. 7-8.6.3 STORM WATER POLLUTION PREVENTION PLAN(SWPPP). The following shall be added after the first paragraph: Projects subject to requirements of General Permit for Discharges associated with Construction and Land Disturbance Activities(Order NO.2009-0009-DWQ NPDES NO.CAS000002) The contractor shall follow all requirements in Order NO. 2009-0009-DWQ, NPDES NO. CAS000002. This General Permit regulates discharges of pollutants in storm water associated with construction activity(storm water discharges)to waters of the United States from construction sites that disturb one or more acres of land surface, or that are part of a common plan of development or sale that disturbs more than one acre of land surface. Contractor is not responsible for filing a Notice of Intent (NOI) for Permit coverage or a Notice of Termination (NOT) at project end. City staff will file a NOI for permit coverage and file a (NOT)at the end of the project. (See General Construction Storm Water Permit PDF: https://www.waterboards.ca.gov/water issues/programs/stormwater/docs/constpermits/wgo_2009_0009_comp lete. df). A requirement of the Permit is the discharger shall develop a Storm Water Pollution Prevention Plan (SWPPP). The discharger shall ensure that the SWPPP for all sites are developed and amended or revised by a Qualified SWPPP Developer(OSD).Also,the discharger shall ensure that Best Management Practices(BMPs)within the SWPPP are implemented by a Qualified SWPPP Practitioner(QSP).(See SWPPP Training Qualifications and GP-14 - - -—- - - - --- --- - - - - - - - --- --- - --- &nbsj� &nbsp; Page 275 Requirements PDF: tWs://www.waterboards.ca.gov/water issues/programs/stormwater/docs/constpermits/wgo 2009 0009 comp lete.pdf#page=49).The SWPPP shall be designed to address the following objectives: 1. All pollutants and their sources, including sources of sediment associated with construction, construction site erosion and all other activities associated with construction activity is controlled; 2. Where not otherwise required to be under a Regional Water Board permit,all non-storm water discharges are identified and either eliminated, controlled, or treated; 3. Site Best Management Practices (BMPs) are effective and result in the reduction or elimination of pollutants in storm water discharges and authorized non-storm water discharges from construction activity to the Best Available Technology Economically Achievable/Best Conventional Pollutant Control Technology standard (BAT/BCT standard); 4. Calculations and design details as well as BMP controls for site run-on are complete and correct,and 5. To demonstrate compliance with requirements of this General Permit, the QSD shall include information in the SWPPP that supports the conclusions, selections, use,and maintenance of BMPs. 6. Stabilization BMPs installed to reduce or eliminate pollutants after construction is complete. 7-8.6.5. PAYMENT. The entire text of the subsection is deleted and replaced with the following: Unless otherwise specified in the bid, payment for implementation and maintenance of BMP's and SWPPP, and for dewatering shall be considered as included in the Contract Unit Price for each item in the Bid. 7-9 PROTECTION AND RESTORATION OF EXISTING IMPROVEMENTS The second paragraph is deleted and replaced with the following paragraphs: The Contractor shall relocate, repair, replace or reestablish all existing improvements within the project limits which are not designated for removal (e.g., curbs, sidewalks, driveways, fences, walls, irrigation systems, signs, utility installations, pavements, structures, landscaping etc.) which are damaged or removed as a result of his operations or as required by the Plans and Specifications. Damaged or removed landscape, hardscape, irrigation systems, etc, outside project limits shall be replaced or repaired and returned to service within 72 hours except as directed by the Engineer. Where existing traffic striping, pavement markings, and curb markings are damaged or their reflectivity reduced by the Contractor's operations, such striping or markings shall also be considered as existing improvements and the Contractor shall repaint or replace such improvements. Relocations, repairs, replacements or re-establishments shall be at least equal to the existing improvements and shall match such improvements in finish and dimensions unless otherwise specified. GP-15 &nbsp; Page 276 The last paragraph is deleted and replaced with the following: All costs to the Contractor for protecting, removing, restoring, relocating, repairing, replacing, or re- establishing existing improvements shall be included in the Bid. 7-10 SAFETY The following subsections shall be added: 7-10.1 ACCESS 7-10.1.1 GENERAL. The Contractor shall notify the occupants of all affected properties at least seventy-two hours prior to any temporary obstruction of access. Vehicular access to property line shall be maintained except as required for construction for a reasonable period of time. No overnight closure of any driveway will be allowed except as permitted by the Engineer. At least one twelve-foot-wide traffic lane shall be provided for each direction of travel on all streets at all times except as permitted by the Engineer. The traffic lanes shall be maintained on pavement, and shall remain unobstructed. Clearances from traffic lanes shall be five feet to the edge of any excavation and two feet to the face of any curb, pole, barricade, delineator,or other vertical obstruction. 7-10.2 WORK AREA TRAFFIC CONTROL 7-10.2.1 GENERAL. The Contractor shall prepare a permit application for street closure and shall attach two copies of the proposed traffic control signing, barricading and/or detour routing. The permit application and accompanying attachments shall be reviewed by the City Traffic Engineer. Upon the Traffic Engineer's approval, a no-fee Street Closure Permit shall be issued. No Street Closure, Lane Closure, Detour or other work requiring traffic control shall commence prior to issuance of said permit. The Contractor shall provide and install barricades, delineators, warning devices and construction signs in accordance with the current California Manual on Uniform Traffic Control Devices(CA MUTCD),the Work Area Traffic Control Handbook (WATCH) and the current Caltrans Manual of Traffic Controls for Construction and Maintenance Work Zones unless otherwise approved by the Engineer. During adverse weather or unusual traffic or working conditions additional traffic devices shall be placed as directed by the Engineer. Should the Contractor fail to furnish a sufficient number of traffic and/or pedestrian safety devices, the City will place such necessary items and the Contractor shall be liable to the City for providing such devices in accordance with the following provisions: 1. Rental Rates A. Type I or II Barricades - $5.00 per barricade for the first day or any part thereof and $2.00 per GP-16 &nbsp; Page 277 barricade per day for each day thereafter or any part thereof. B. Type III Barricades - $15.00 per barricade for the first day or any part thereof and $5.00 per barricade per day for each day thereafter or any part thereof. C. Flashers-$5.00 per flasher for the first day or any part thereof and$2.00 per flasher per day for each day thereafter or any part thereof. D. Construction Signs - $5.00 per construction sign for the first day or any part thereof and $2.00 per construction sign per day for each day thereafter or any part thereof. E. Cones-$1.00 per cone for each day or any part thereof. 2. Replacement Charges A. Type I or II Barricades-$20.00 per Type I or II barricade that is lost or damaged. B. Type III Barricades-$100.00 per Type III barricade that is lost or damaged. C. Flasher-$15.00 per flasher that is lost or damaged. D. Signs-$30.00 per sign that is lost or damaged. E. Cones-$5.00 per cone that is lost or damaged. 3. Service Charges A. Service trips between the hours of 7:00 A.M.and 3:00 P.M.-$30.00 per hour,two hour minimum each service trip. B. Service trips between the hours of 3:00 P.M. and 7:00 A.M., or any time on Saturday, Sunday, or a City Holiday-$35.00 per hour, two hour minimum each service trip. Judgment as to adequate or sufficient barricading shall be that which is adequate or sufficient in the opinion of the Engineer. The Contractor shall relocate, preserve and maintain the visibility of all existing signs within the project limits which affect the flow of traffic,as directed by the Engineer. Any signs which are damaged or found to be missing during the course of construction shall be replaced by the Contractor at his expense as directed by the Engineer. All other signs that interfere with the course of work and are not necessary for the safe flow of traffic will be removed and replaced by the City. Traffic control signs include Stop Signs,Speed Limit, Parking Restriction and other regulatory signs. The Contractor shall not close any street within the City of Rancho Cucamonga without first obtaining the approval of the Engineer. Lane closures on four lane streets shall be restricted to between the hours of 8:30 AM and 4:00 PM. 7-10.2.2 PAYMENT. Payment for preparing and performing all work necessary to provide work area traffic control or compliance with the provisions of the public safety and all other laws, ordinances, and regulations shall be included in the various bid items except where separate bid items for traffic control are provided or required by law. GP-17 &Uh°�� &nbsp; Page 278 7-10.4 SAFETY. 7-10.4.2 SAFETY ORDERS. 7-10.4.2.3 Payment. The entire text of the subsection is deleted and replaced with the following: Payment for performing all work necessary to provide safety measures or compliance with the provisions of the safety orders and all other laws, ordinances, and regulations shall be included in the various bid items, except where separate bid items for excavation safety are provided or required by law. The following subsection shall be added: 7-10.4.7 PROTECTION OF PUBLIC. Whenever the construction occurs within a developed residential area and/or through a school site, the Contractor shall take all necessary precautions to protect the public,especially children,from the hazards of open excavations. Trenches shall either be covered or adequately fenced at night and on weekends or whenever operations are not in actual process. Unusual conditions may arise on the project, which will require that immediate and unusual provision be made to protect the public from danger or loss or damage to life and property,due directly or indirectly to the progression of the work. It is part of the service required of the Contractor to make such provisions and to furnish such protection. The Contractor shall use such foresight and shall take such steps and precautions as his operations make necessary to protect the public from danger or damage, or loss of life or property, which would result from the interruption or contamination of public water supply, irrigation or other public service or from the failure of partly completed work. Whenever, in the opinion of the City, an emergency exists against which the Contractor has not taken sufficient precaution for the safety of the public or the protection of utilities or of adjacent structures or property or if immediate action shall be considered necessary in order to protect public or private personnel or property interest,or prevent likely loss of human life or damage on account of the operations under the contract, then and in that event the City may provide suitable protection to said interest by causing such work to be done and material to be furnished, as, in the opinion of the City may seem reasonable and necessary. The cost and expense of said labor and material together with the cost and expense of such repairs as may be deemed necessary shall be borne by the Contractor,and if he shall not pay said cost and expense upon presentation of the bills therefore, duly certified by the Engineer, then said costs and expense will be paid by the City and shall thereafter be deducted from any amounts due, or which may become due said Contractor. Failure of the City, however, to take such precautionary measure, shall not relieve the Contractor of his full responsibility for public safety. GP-18 or _ &nbsp; Page 279 The following subsection shall be added: 7-10.6 STORAGE OF EQUIPMENT AND MATERIALS IN PUBLIC STREETS. Construction materials shall not be stored in streets, roads, or highways. All materials or equipment not installed or used in construction shall be stored elsewhere by the Contractor at their expense. Construction equipment shall not be stored at the work site. Time necessary for repair or assembly of equipment may be authorized by the Engineer. Excavated material,except that which is to be used as backfill in the adjacent trench, shall not be stored in public streets. After placing backfill,all excess material shall be removed immediately from the site. The storage of materials is not permitted under bridges. 7-13 LAWS TO BE OBSERVED The following paragraphs shall be added after paragraph one: If a discrepancy or inconsistency is discovered in the Plans, Drawings, Specifications or Contract for the work in relation to any such law, ordinance, regulation, order or decree, the Contractor shall forthwith report the same to the Engineer in writing. Per City Municipal Code Section 8.17.050/8.19.051, if the Contractor finds it necessary to make use of a refuse hauling service,only the City Franchised Hauler shall be used. Contact Burrtec Waste Industries at (909)987-3717. The following subsection shall be added: 7-15 PAYROLL RECORDS The Contractor and each of his subcontractors shall prepare payrolls on forms prescribed and in accordance with instructions furnished by the City. Within seven(7)days after the regular payment date of the payroll, the Contractor shall deliver to the City a certified and legible copy of each payroll. Such payroll shall be sworn to in accordance with the federal regulations made pursuant to the "Kick Back Statute." Such copies of payrolls shall be accompanied by substantial proof that all bills for services rendered and materials supplied have been duly paid for. The Contractor shall not carry on his payroll any person not employed by him. Employees of a subcontractor must be carried on the rolls of the employing subcontractor. This project is subject to compliance monitoring and enforcement by the Department of Industrial Relations. For all new projects awarded on or after April 1, 2015, the contractors and subcontractors must furnish electronic certified payroll records to the Labor Commissioner. The requirement to furnish electronic certified payroll records to the Labor Commissioner will apply to all public works projects, whether new or ongoing, beginning January 1, 2016. GP-19 &nbsp; Page 280 Each Contractor or Subcontractor shall preserve his weekly payroll records for a period of three(3)years from the date of the acceptance of the work by the Board. The payroll records shall set out accurately and completely the name, address,social security number, occupational classification, and hourly wage rate of each employee, hours worked by him during the payroll period, and full weekly wages earned by him, any deductions made from such weekly wages, and the actual weekly wages paid to him. Such payroll records shall be made available at all times for inspection by the City or its authorized representatives. The Contractor agrees that, in case of underpayment of wages to any worker on the project under this contract by the Contractor or any subcontractor, the City shall withhold from the Contractor out of payments due,an amount sufficient to pay such worker the difference between the wages required to be paid under this contract and the wages actually paid such worker for the total number of hours worked and that the City may disburse such amount so withheld by it for and on account of the Contractor to the employee to whom such amount is due. The Contractor further agrees that the amount to be withheld pursuant to this paragraph may be in addition to the percentages to be retained by the City pursuant to other provisions of this contract. GP-20 &nbsp; Page 281 SECTION 8—FACILITIES FOR AGENCY PERSONNEL_ The provisions of this section shall be deleted and replaced with the following: Field offices for City personnel are not required; however, City personnel shall have the right to enter upon the project at all times and shall be admitted to the offices and sanitary facilities provided by the Contractor for use by his own personnel. GP-21 &nbsp; &nbsp; Page 282 SECTION 9—MEASUREMENT AND PAYMENT 9-3 PAYMENT 9-3.1 GENERAL. The following paragraphs shall be added at the end of the subsection: Whenever the Contractor is required to perform work or furnish equipment, labor, tools and materials of any class for which no price is fixed in the Proposal, it shall be understood that such work, equipment, labor,tools and material shall be provided without extra charge,allowance,or direct payment of any kind. The cost of performing such work or furnishing such equipment, labor, tools and materials shall be included in the unit bid prices in the proposal and no additional compensation will be made therefore. If any portion of the work done or materials furnished under the Contract shall prove defective or not in accordance with the specifications and contract drawings, and if the imperfection in the same shall not be of sufficient magnitude or importance to make the work dangerous or undesirable, the Engineer shall have the right and authority to retain the work instead of requiring it to be removed and reconstructed, but he shall make such deductions therefor in the payment due the Contractor as may be just and reasonable. 9.3.2 PARTIAL&FINAL PAYMENT. Paragraph two shall be deleted and replaced with the following paragraph: On the workday following the designated closure date for preparation of progress estimates, the Contractor shall submit to the Engineer a written progress estimate based on the Contract Unit Prices or as provided for in Subsection 92 of the work that has been satisfactorily completed. The Engineer will review the estimate and approve it or notify the Contractor of any exceptions. The Engineer will determine and prepare the partial and final payments. If the Contractor fails to submit a written progress estimate, the Engineer will determine the quantity of work performed. No such progress estimate will be required nor payment will be made when the total number of working days is twenty-five (25) or less or when the value of the work totals less than five hundred dollars ($500.00). Progress payment will, when properly completed as specified, be paid within 30 calendar days of submittal, and it is understood that any delay in the preparation, approval and payment of these demands will not constitute a breach of contract on the City. 9-3.3 DELIVERED MATERIALS. The text of this subsection shall be deleted and replaced with the following: Materials and equipment delivered but not incorporated into the work will not be included in the estimate for progress payment. 9-3.4 MOBILIZATION The text of this subsection shall be deleted and replaced with the following: Mobilization shall consist of all necessary work including but not limited to those necessary for the movement of personnel, equipment, supplies, securing all permits/approvals and licenses, paying all fess, preparatory work and operations, and incidentals to the project site; for the establishment of all offices,building and other facilities necessary for the work on this project;and for all other work operations G P-22 &nbsp;- — &nbsp; Page 283 which must be performed or cost incurred without other pay items on the various contract items on the project site. Re-mobilizations from street to street and as needed in all other circumstances by the Contractor's operations, work sequencing, revised work sequencing, scheduling, revised schedules and for all work shall be included in various other pay items. No separate payment or change orders will be allowed for any re-mobilizations related to additive work shall be included in the additive work pay items. Mobilization and Demobilization as necessary by the scope of work shall also include all costs required by the contract and included in the Bid item.When no such Bid item is provided, payment for such costs will be considered to be included in the other items of work. GP-23 _- — -- gr �a &nbsp, Page 284 PART 2 CONSTRUCTION MATERIALS SECTION 200-ROCK MATERIALS 200-1 ROCK PRODUCTS 200-1.4 COARSE AGGREGATE FOR PORTLAND CEMENT CONCRETE. The Cleanness Value requirement shall be replaced with the following: Tests Test Method Requirements Cleanness Value California 227 Individual Test 70 Min. Moving Average 75 Min. 200-1.5 SAND 200-1.5.3 SAND FOR PORTLAND CEMENT CONCRETE. The Sand Equivalent requirement shall be replaced with the following: Tests Test Method Requirements Sand Equivalent California 217 Individual Test 70 Min. Moving Average 75 Min. 200-2 UNTREATED BASE MATERIALS 200-2.1 GENERAL. The first paragraph shall be deleted and replaced with the fallowing: Untreated base shall be Crushed Miscellaneous Base. The following paragraph shall be added following paragraph 2: The gradation and sand equivalent requirements of subsections 2002.2,200-2.3,200-2.4, 200-2.5 and 200-2.6 shall be the moving average requirements. Individual test requirements shall be determined by the Engineer. 200-2.2.3,200-2.4.3 AND 200-2.8.4 QUALITY REQUIREMENTS. The following paragraph shall be added at the end of each subsection: The minimum R-Value requirement will not be waived. MA-1 .&nbsp; —. &nbsp; Page 285 The following subsection shall be added: 200-2.9 DECOMPOSED GRANITE 200-2.9.1 GENERAL. Decomposed granite is derived from the crushing and screening of naturally friable granite, commonly known as decomposed granite gravel. The material shall be reddish-brown in color. 200-2.9.2 GRADING. The granite shall be screened to include stone particle &8" or 1/4" minus down to fine particles. The sand equivalent of the material shall be in the range of 30 — 50. The R-value shall be a minimum of 70. The percentage composition by weight shall conform to Table 200-2.8.2(A). TABLE 200-2.8.2(A) Sieve Size Percent Passing 1/2" 100 3/8" 90—100 No. 4 50—100 No. 30 25—55 No. 100 10—20 No. 200 5-18 MA-2 &nbsp; Page 286 SECTION 201 -CONCRETE, MORTAR AND RELATED MATERIALS 201-1 PORTLAND CEMENT CONCRETE 201-1.1 REQUIREMENTS 201-1.1.1 GENERAL. The following paragraph shall be added following the last paragraph: The Contractor shall furnish the Engineer with a copy of the mix design to be used and with a legible certified weight-master's certificate for each load of P.C.C. delivered to the project. Portland Cement Concrete delivered to the project site having a water content and/or slump greater than that specified in the mix design shall be rejected and removed from the project site. MA-3 _ &nbsp;--- &nbsp; Page 287 PART 3 CONSTRUCTION METHODS SECTION 300—REMOVALS AND EARTHWORK 300-1 REMOVALS 300-1.1 CLEARING AND GRUBBING 300-1.1.1 GENERAL. The following paragraph shall be added at the end of the section: Clearing and grubbing limits shall extend to any areas of work outside the right-of-way that are shown on the plans. 300-1.4 PAYMENT. The following paragraph shall be added after the first paragraph: When the removal and disposal of materials are listed separately in the bid, payment for removal and disposal of said materials shall be made at the contract Unit Price as shown. Payment shall include full compensation for furnishing all labor, materials, tools, equipment and incidentals and for doing all work involved in said removal and disposal. 300-2 UNCLASSIFIED EXCAVATION 300-2.7 SELECTED•MATERIAL. Replace this subsection with the following: Selected materials encountered in excavations within the project limits that meet the specifications for base material, trench bedding or backfill, topsoil or other specified materials shall be used as shown on the Plans, in the Specifications, or as directed by the Engineer, Topsoil excavated may be considered only for the purpose of backfilling areas to be planted. 300-4 UNCLASSIFIED FILL 300-4.1 GENERAL. Add the following at the end of paragraph two: . . . or in areas to be landscaped. ME-1 &nbsp; Page 288 SECTION 301 —TREATED SOILS, SUBGRADE PREPARATION AND PLACEMENT OF BASE MATERIALS 301-1 SUBGRADE PREPARATION The following subsection shall be added: 301-1.6.1 ADJUSTMENT OF METER AND VALVE BOXES AND SURVEY MONUMENT COVERS TO GRADE. Meter and valve boxes and covers within the area to be paved or graded shall be set to finish grade by the Contractor as required by the Plans and Specifications. In the case of Portland cement concrete paving, the meter and valve box cover shall be set to finish grade prior to paving. 301-1.7 PAYMENT. Add the following paragraph to the end of the subsection: Payment for adjustment of meter and valve boxes and covers to grade shall be included in the irrigation bid price. The price will include all labor, materials, hardware, tools and incidentals and coordination for inspection by the owner and no additional compensation will be allowed,therefore. ME-2 s &ubspo &nbsp; Page 289 SECTION 303-CONCRETE AND MASONRY CONSTRUCTION 303-1 CONCRETE STRUCTURES 303-1.2 SUBGRADE FOR CONCRETE STRUCTURES. Paragraph 2 shall be deleted and replaced with the following paragraphs: If the plans and special provisions for the project provide for the construction of gravel base material, and that material will be subgrade for concrete,the Contractor shall furnish 6 mil polyethylene sheeting as a subgrade cover. The placing of steel reinforcement and placement of concrete shall follow the installation of the polyethylene sheeting as closely as possible. The gravel base material shall be kept free from water to prevent any portion of concrete material being deposited in water. No payment will be made for dewatering other than as may be included in the prices bid for the various items of work or when an item for dewatering is provided. The Contractor shall excavate to the subgrade dimensions and grades shown on the plans or as directed by the Engineer. Where a firm foundation is not encountered due to soft, spongy or other unsuitable material, all such unsuitable material shall be removed and replaced with Gravel Base Material, or compacted backfill, at the discretion of the Engineer. 303-1.7 PLACING REINFORCEMENT 303-1.7.1 GENERAL. The following shall be added to the end of paragraph one: Reinforcing steel shall be of the same grade throughout the structure. 303-1.8 PLACING CONCRETE 303-1.8.6 JOINTS. Paragraph one shall be deleted and replaced with the following paragraph: Transverse construction joints shall be placed in all reinforced sections of concrete construction at intervals not less than 10 feet nor more than 50 feet or as designated on the plans. The joint locations shall be similarly located and in the same plane for the entire structure. For concrete thicknesses greater than 6 inches, the joint shall be keyed as directed by the Engineer. The Contractor shall construct, in one continuous concrete placing operation,all work comprised between such joints. Joints shall be kept moist until adjacent concrete is placed. ME-3 �&absp; &nbsp; Page 290 303-1.9 SURFACE FINISHES. 303-1.11 PAYMENT. The following paragraph shall be added after the first paragraph: When payment for concrete structures is based on the unit price per each, such payment shall include full compensation for furnishing all labor, materials (including reinforcing steel), tools and equipment and doing all work required to construct the structure in conformity with the Plans and Specifications. 303-5 CONCRETE HEADERS, CURBS, WALKS, GUTTERS, CROSS GUTTERS, ALLEY INTERSECTIONS, ACCESS RAMPS,AND DRIVEWAYS. 303-5.1 REQUIREMENTS 303-5.1.1 GENERAL. The second paragraph shall be deleted and replaced with the following paragraphs: The thickness of headers, sidewalks, gutters, cross gutters, alley intersections, access ramps and driveway aprons shall be as shown on the City Standard Plans or improvement plans. Areas of Miscellaneous Concrete adjacent to or behind sidewalks and driveways shall be considered as a walk for the purpose of these specifications. No concrete shall be ordered and/or poured until the forms and subgrade have been inspected and approved by the Engineer in the field. All pullboxes, water meter boxes and water valve covers shall be adjusted to proposed finish grade and approved by the Engineer in the field prior to placement of the concrete: i.e.,curbs,walks, gutters, etc. ME-4 - — &nbsp� &nbsp; Page 291 SECTION 306—OPEN TRENCH CONDUIT CONSTRUCTION 306-3 TRENCH EXCAVATION 306-3.1 GENERAL. The second paragraph shall be deleted and replaced with the following: Excavation shall include the removal of all excess excavated materials and all water and materials of any nature which interfere with the construction work. The following paragraph shall be added at the end of the subsection: When the actual elevation or position of any existing pipe, conduit or other underground appurtenance cannot be determined without excavation, the Contractor shall excavate and expose the existing improvement at the location shown on the Plans and any other locations deemed necessary by the Engineer. Such excavation shall be considered as part of the excavation necessary for the work. The Engineer shall be given the opportunity to inspect the existing improvement when it is exposed. Any adjustments in line or grade which may be necessary to accomplish the intent of the Plans shall be made. 306-3.2 REMOVAL OF SURFACE IMPROVEMENTS. The following paragraph shall be added at the end of the subsection: The removal of existing improvements shall be considered a part of the items of work,the construction of which requires the removal of existing improvements, unless a specific item is provided therefor. 306-3.5 MAXIMUM LENGTH OF OPEN TRENCH. The first paragraph shall be deleted and replaced with the following: Except as approved by the Engineer,the maximum length of open trench,where irrigation pipe and/or conduit is used,shall be the distance necessary to accommodate the amount of pipe/conduit installed in a single day. At the end of each working day there shall be a maximum of 50 feet of open trench. The distance is the collective length of any location, including open excavation, pipe and/or conduit laying and appurtenant construction and backfill which has not been temporarily resurfaced. 306-6 BEDDING. 306-6.1. GENERAL. The last two paragraphs of the subsection shall be deleted, and the following paragraphs added: Bedding shall conform to City Standard Plans. All pervious bedding materials shall have a sand equivalent of not less than 20. The case of bedding to be used shall be as shown on the plans. ME-5 ---,�-- &nbspr Page 292 The trench bottom shall be graded to provide a smooth,straight,firm and stable foundation at every point throughout the length of the pipe. At each joint in the pipe, the bottom of the trench shall be recessed in such a manner as to relieve the bell or coupling from all load and to insure continuous bearing along the pipe barrel. The recess shall also be large enough to prevent foreign material from entering the pipe. If any trench,through the neglect of the Contractor, is excavated below the grade required by the Plans and these Special Provisions, it shall be refilled to grade with additional bedding. The excess excavation and the additional bedding shall be at the Contractor's expense. Additional bedding shall be crushed aggregate base. Except as specified otherwise, trench bedding shall be densified in accordance with the relative compaction requirements of City Standard Plans. 306-6.5 PLACEMENT AND COMPACTION 306-6.5.1. GENERAL. The following paragraph shall be added at the end of the subsection: The method of densification shall be approved by the Engineer. ME-6 &nbsp; Page 293 PART 8 LANDSCAPING AND IRRIGATION MATERIALS SECTION 800—MATERIALS 800-1 LANDSCAPE MATERIALS 800-1.1 TOPSOIL 800-1.1.1 GENERAL. The following paragraph shall be added following paragraph 1: Topsoil material unless otherwise designated shall be class C. 800-1.1.2 CLASS"A"TOPSOIL. Paragraph 2 shall be deleted and the following paragraphs inserted in the place thereof: At least 15 days before scheduled use,the proposed source of topsoil must be submitted to the Engineer for approval. The Contractor shall submit a written request for approval which shall be accompanied by a written report of a testing agency registered by the State for agricultural soil evaluation which states that the proposed source complies with these specifications. Class A topsoil shall consist of a natural, fertile, friable, sandy loam soil having the characteristics of representative soils in the vicinity which produce heavy growth of crops, grasses, or other vegetation and shall be obtained from natural well drained area. Before removal of the topsoil, the surface at the source of supply is to be stripped to a depth of two inches in order to remove weed seeds, roots, etc. The source of topsoil shall be free from Bermuda grass,crab grass and all noxious weeds or grasses. The topsoil shall be free from subsoil, refuse, heavy roots, clay lumps, stones larger than one inch in size, noxious weeds, sticks, brush, litter and other deleterious substances. In no case shall there be more than five percent by volume of the following: stones smaller than one-inch,coarse sand,and small clay lumps. It shall not be infested with nematodes or other undesirable insects or plant disease organisms. The soil shall be free from insoluble carbonates and shall have the following analysis, which shall be verified by a soil analysis made by the City. pH -............................................maximum of 7.0; minimum of 6.0 ECo-..........................................................zero to three maximum (electrical conductivity) ESp-........................................................zero to twelve maximum (exchangeable sodium percentage) The soil shall be subject to inspection at the source of supply prior to delivery. LA-1 &nbsp; Page 294 800-1.2 SOIL FERTILIZING AND CONDITIONING MATERIALS 800-1.2.1 GENERAL. The following paragraphs shall be added following paragraph 2: Organic Fertilizers and Soil Conditioners shall be comprised of decomposed animal and vegetable matter having been processed and composed to support bacterial culture. A bacterial stimulator shall be included. A guaranteed analysis shall contain 5% Nitrogen, 3%Phosphate, 1%Potash,50%Humus, 15% Humic Acid. No fertilizer or conditioner etc. shall contain any unprocessed poultry, animal or human waste. 800-1.2.3 COMMERCIAL FERTILIZER. The following paragraphs shall be added following paragraph 1: Commercial Fertilizers shall be delivered in sacks with the manufacturer's label showing weight and analysis attached to each sack. 800-1.2.4 ORGANIC SOIL AMENDMENT. Paragraph 1 shall be deleted and replaced with the following: Organic Soil amendment material shall conform to Type 1 unless otherwise designated. 800-1.2.5 MULCH. Sentence one of paragraph one shall be deleted and replaced with the following: The City will provide 4-inch minus shredded wood chip mulch through our supplier Burrtec, This is the highest grade of mulch Burrtec produces. The mulch will be provided to the contractor at no cost for use on the project; however,the contractor will need to place the order with Burrtec at least two (2) weeks prior to delivery by e-mailing the City's Project Manager the date of delivery and quantity needed, plus pay for delivery. Questions regarding the scheduling and delivery costs can be directed to Michael Heftman at Burrtec, mobile#471-9173; e-mail mheftman@burrtec.com. The following subsection shall be added: 800-1.2.6 SOIL HERBICIDE. A commercially manufactured nonselective herbicide for total control of vegetation products shall meet all federal and state regulations pertaining to the use of such substances. Application and rate of application shall follow manufacturer's recommendations. Application shall not be made until obtaining written approval from the City. 800-1.4 PLANTS 800-1.4.1 GENERAL. Delete the text of this subsection and replace with the following: LA-2 _ .&nbspT— — &nbsp; Page 295 A representative number of plants shall be inspected and approved at the nursery by the Engineer prior to shipment to the planting site. Plants shall be inspected for size and condition of root growth, insects, injuries and latent defects. The City reserves the right to reject entire lots of plants represented by defective samples. Plant condition shall be in accordance with the California State Department of Agriculture's regulations for nursery inspections, rules,and grading. All plants shall have a growth habit normal to the species and shall be sound, healthy, vigorous and free from insect pests, plant diseases, sun scalds, fresh bark abrasions, excessive abrasions, or other objectionable disfigurements. Tree trunks shall be sturdy and well"hardened off". All plants shall have normal well-developed branch systems,and vigorous and fibrous root systems, which are neither root- nor pot-bound and are free of kinked or girdling roots. Other than the normal side pruning during the growth period, no pruning shall be done prior to inspection at the nursery. The size of the plants will correspond with that normally expected for species and variety of commercially available nursery stock, or as specified in the drawings. The minimum acceptable size of all plants, measured before pruning with the branches in normal position,shall conform with the measurements, if any, specified on the drawings in the list of plants to be furnished. Plants larger in size than specified may be used with the approval of the CITY, but the use of larger plants will make no change in contract price. Bare root plantings in publicly maintained areas shall be done only with special approval of CITY. The following subsections shall be added: 800-1.4.7 QUANTITIES AND TYPES. Plant materials shall be furnished in the quantities and/or spacing as shown or noted for each location, and shall be of the species, kinds, sizes, etc., as symbolized, and/or described in the"Plant Legend", as indicated on the drawings. The landscape contractor is to verify all sizes and quantities on plans. Installation and use of substitute items shall not be made until the contractor is in receipt of written approval from the CITY. Substitution Proposals for plant material must be accompanied by substantive written proof of nonavailability of material originally specified. 800-1.4.8 HYDROSEED MATERIALS. Fiber shall be produced from cellulose such as wood pulp or similar organic materials and shall be of such character that it will disperse into a uniform slurry when mixed with water. The fiber shall be of such character that,when used in the applied mixture,an absorption of porous mat, but not a membrane, will result on the surface of the ground. Materials which inhibit germination or growth shall not be present in the mixture. Dry powdered muciloid, derived from seed husks shall be used to hold seed in place, promote germination and control erosion, available as Ecology Control MBinder or equal. LA-3 &nbsp; Page 296 Fertilizer shall be pelleted or granular form and shall comply with the chemical analysis specified above. The fertilizer shall be thoroughly mixed and incorporated in the hydro mulching slurry. 800-1.5 HEADERS,STAKES AND TIES. 800-1.5.3 TREE STAKES. The first paragraph shall be replaced with the following: Tree stakes shall be sharpened 2" diameter lodgepole pine, treated in accordance with section 204-2.2. Stake length shall be 10' long (12' long for Eucalyptus trees) and shall be free from splits. The third paragraph shall be replaced with the following: Deadman stake shall be either 2 X 4 inch (50 X 100mm) redwood or 3/4-inch (19mm) diameter steel pipe 3 feet(1 mm)long. Covers for wire shall be 1/2-inch(i3mm)minimum diameter or 112-inch ultraviolet P.V.C. tubing. The following paragraph shall be added at the end of the subsection: A minimum of three (3) supporting tree ties or guy anchors shall be used for each tree. 800-2 IRRIGATION SYSTEM MATERIALS 800-2.1 PIPE AND FITTINGS 800-2.1.1 GENERAL. The following paragraph shall be added at the end of the subsection: The manufacturer's directions and detail drawings shall be followed unless directed by the Engineer or shown differently in the plans and specifications. 800-2.1.3 PLASTIC PIPE FOR USE WITH SOLVENT WELD SOCKET OR THREADED FITTINGS. Add the following before the first paragraph: General. Use only new materials of brands and types noted on drawings,specified herein, or approved equals. Paragraph 2 shall be deleted and replaced with the following: P.V.C. Pressure Main Line Pipe and Fittings shall be Class 315 P.V.C.with solvent welded joints for pressure main pipes 2" and larger and P.V.C. schedule 40 with solvent welded joints for pressure main piping of lessor diameter. P.V.C. schedule 40 solvent welded piping shall be used for all nonpressure lateral line piping. The following paragraphs shall be added at the end of the subsection: LA-4 &nbsp; Page 297 All P.V.C. pipe must bear the following markings: 1. Manufacturer's name 2. Nominal pipe size 3. Schedule or class 4. Pressure rating in P.S.I. 5. NSF(National Sanitation Foundation)approval 6. Date extrusion 7. U.P.C.shield logo (IAPMO approval) All fittings shall bear the manufacturer's name or trademark, material designation, size, applicable I.P.S. schedule and NSF seal of approval. Solvent cement and primer for P.V.C. solvent weld pipe and fittings shall be of type recommended by the manufacturer, and shall follow installation methods prescribed by the pipe manufacturer. 800-2.2 VALVES AND VALVE BOXES 800-2.2.2 GATE VALVES. The text of this subsection shall be deleted and replaced with the following: Valves shall be of the size, type and capacity designated on the plans or in the specifications. 800-2.2.4 REMOTE CONTROL VALVES. Add the following after paragraph number one: Valves shall be of the size, type and capacity designated on the plans or in the specifications. 800-2.2.6 QUICK-COUPLING VALVES AND ASSEMBLIES. The text of this subsection shall be deleted and replaced with the following paragraph: Valves shall be of the size, type and capacity designated on the plans or in the specifications. 800-2.2.7 VALVE BOXES. Delete the first paragraph and replace with the following: Valve boxes and lids shall be of the size and type designated on the plans or in the specifications. Pull boxes shall be stenciled on top with 2" white letters "I.F.S." (Irrigation Field Splices) for recognition. LA-5 T &nbsp; &nbsp; Page 298 The following subsection shall be added: 800-2.2.8 MASTER CONTROL VALVES. The master control valve manufacturer and size shall be as designated on plans or in the specifications. 800-2.3 BACKFLOW PREVENTER ASSEMBLY Add the following after paragraph number one: Unless otherwise instructed by the City Inspector said backflow assemblies shall consist of a brass reduced pressure/backflow prevention device with"Wye"strainer and 60 mesh screen as designated on the plans or in the specifications. 800-2.4 SPRINKLER EQUIPMENT The text of this subsection shall be deleted and replaced with the following: Irrigation bodies and nozzles shall be as indicated on the plans or in the specifications. Substitutions shall not be allowed unless by written authorization from the City Inspector. Irrigation bodies and nozzles shall feature low head drainage, pressure regulating and pressure compensating features. Unless otherwise approved, all popups and fixed riser assemblies shall consist of plastic and stainless-steel materials. Smaller radii turf irrigation equipment shall consist of 6" popups. All smaller radii; shrub and ground cover irrigation equipment shall consist of 12" popups, unless otherwise approved by the City. Smaller radii equipment are those components which irrigate within and under a radius of twenty-two feet. Large radius heads (between 22 feet and 60 feet) shall consist of popups plastic and stainless steel,gear driven rotors with matches precipitation nozzles and adjustable radius patterns. 800-3 ELECTRICAL MATERIALS 800-3.2 CONDUIT AND CONDUCTORS 800-3.2.1 CONDUIT. Replace paragraph 1 with the following: Unless otherwise shown on the plans or in the specifications, conduits shall be schedule 40 P.V.C. pipe in the size called for on the plans or in the specifications. 800-3.2.2 CONDUCTORS. Add the following paragraphs at the end of the subsection: The electrical system shall be installed in accordance with the National Electrical Code. LA-6 &nbsp; Page 299 Connections between the automatic controllers and the electrical control valves shall be made with direct burial copper wire AWGU.F.600 volt. Pilot wires shall be a different color wire for each automatic controller. Common wires shall be white with a different color stripe for each automatic controller. Install in accordance with valve manufacturer's specifications and wire chart. In no case shall wire size be less than #14. Wiring shall occupy the same trench and shall be installed along the same route as pressure supply or lateral lines wherever possible. Install wires inside schedule 40 Conduit anywhere it is not possible to place in pipe trench, or where wires must go under pavement. Conduit size shall be large enough to contain all necessary wires. Where more than one(1)wire is placed in a trench,the wiring shall be bundled and taped together at intervals of fifteen (15)feet. An expansion curl should be provided within fifteen (15)feet of each wire connection and at least every fifteen hundred (1500)feet of wire length on runs more than fifteen hundred (1500)feet in length and also at each change of direction. Expansion curls shall be formed by wrapping at least twenty (20) turns of wire around a one-inch diameter pipe, then withdrawing the pipe. All splices shall be made with Snap-Tite Waterproof Connector Packs,or approved equal. Field splices between the automatic controller and electrical control valves will not be allowed without prior approval of the City Add the following subsections: 800-3.4 MOISTURE SENSORS Moisture sensors manufacturer size and installation shall be as designated on the plans or in the specifications. 800-3.5 FLOW SENSORS Flow sensors manufacturer, size and installation shall be as designated on the plans or in the specifications. LA-7 &nbsp; Page 300 SECTION 801 —INSTALLATION 801-1 GENERAL. The following paragraphs shall be added at the end of the subsection: Inspection will be required for the following parts of the work: a. At completion of incorporation of soil amendments and fine grading. b. Prior to digging plant pits for trees and shrubs. c. During backfilling of plant pits with amended backfill. d. Maintenance period shall not begin until final installation inspection is made and establishment is verified. The Engineer shall approve the commencement date of maintenance prior to the commencement of said maintenance. e. City Council acceptance will be at the end of the maintenance period. 801-2 EARTHWORK AND TOPSOIL PLACEMENT 801-2.1 General. The following shall be added at the end of the subsection: The Contractor shall apply water as necessary to provide ideal moisture content for tilling and for planting as, herein specified. 801-2.2 TOPSOIL PREPARATION AND CONDITIONING. 801-2.2.2 Fertilizing and Conditioning Procedures. The first paragraph of the subsection shall be deleted and replaced with the following: Planting areas shall be brought to finished grade whereupon Fertilizer and Soil Conditioning required by the native soilsforthe intended landscape planting shall be added based upon the recommendations of the soil analysis tests provided by the City. The type and quantity of commercial fertilizer used shall be amended as necessary based upon the soil analysis test. The following subsection shall be added; 801-2.2.3 Weed Control. Upon the completion of the irrigation system and after all existing weeds and growth have been removed from the planting area,the Contractor shall apply, by spraying, a mixture of Commercial Fertilizer 12-12-12 at a rate of 400 pounds per acre. Thereafter, all areas shall be watered four times daily until weed seeds have germinated, unless otherwise directed by the Engineer. Thereafter, watering shall cease for three days, followed by the spraying of a systemic herbicide containing the active ingredient glyphosate. Spraying shall be at the labeled rate compatible with the eradication rate for the target weed species. After allowing sufficient time for the herbicide to kill all remaining weeds,the areas to be landscaped shall be raked or hoed as directed by the Engineer to remove any remaining weed stubble. LA-8 &nbsp; &nbsp; Page 301 801-2.3 Finish Grading. The following shall be added to the last sentence of the second paragraph. .., except where water is designed to flow over the same. The following paragraphs shall be added following paragraph two: Finish grades shall be those indicated on the drawings or as may be controlled by existing installations. Grades not otherwise indicated shall be uniform and straight graded between points where elevations are noted. Minor modeling of the ground surface may be required. Grading shall provide for the natural run-off of water without low spots or pockets. Flow lines shall be set by instrument and shall be at the maximum gradient possible. 801-3 HEADER INSTALLATION The following subsection shall be added: 801-3.1 Concrete Headers. Concrete headers shall be constructed in accordance with the plans and specifications. All concrete work shall conform to the requirements of subsections 201-1 and 301-1. 801-4 PLANTING 801-4.3 Layout and Plant Location. The following paragraph shall be added at the end of the subsection: In the event that a designated plant location is found in conflict with underground utilities or substructures during the planting operation, an alternate location will be selected by the City. The Contractor shall be responsible to notify utility companies for the spotting of underground facilities prior to plant examination and to make precautionary potholes where conflicts would be indicated on the plans or by field notations by utility representatives. The cost for utility notification and potholing shall be included in the other work items and no additional compensation will be allowed,therefore. 801-4.5 Tree and Shrub Planting. Paragraphs 4 and 5 shall be deleted and replaced with the following: Planting shall be governed by the following requirements: Use the following backfill mixture: Type I organic soil amendments, 25% Native Soil,75% Commercial fertilizer and agricultural gypsum shall be added in accordance with the recommendations of the soils report. 1, Place plants near respective pits. Set the tablets to be used with each plant on the top of the root ball while the plants are still in their containers so the required number of tablets to be used in each hole can be easily verified. LA-9 &nbsp; Page 302 2. Remove all plants from their containers and set in plant pits. 3. Fill pits to proper height with amended backfill to receive the plant and thoroughly tamp the mixture before setting the plant. 4. Set plant in upright position in the center of the hole and compact the backfill mixture around the ball or roots. 5. Thoroughly water each plant when the hole is half filled. The remainder of the hole shall then be backfilled. Set the tablets to be used with each plant on the top of the root ball while the plants are still in their containers so the required number of tablets to be used in each hole can be easily verified. 6. After watering, tamp the soil in place until the surface of the backfill is level with the surrounding area and the crown of the plant is at the finished grade of the surrounding area. Do not backfill around trunks or stems. 7. After backfilling,an earthen basin shall be constructed around each plant. Each basin shall be of a depth sufficient to hold at least six inches of water. Basins shall be the same size as the container size of each individual plant. The basins shall be constructed of amended backfill material. 8. Immediately after planting, apply water to each tree and shrub by means of a hose. Apply water in a moderate stream in the planting hole until the material about the roots is completely saturated from the bottom of the hole to the top of the ground. 9. Apply water insufficient quantities and as often as seasonal conditions require to keep the planted areas moist at all times, well below the root system of grass and plants. Generally, water once each day for 7 days in cool seasons and for 14 days in hot weather. Berms around shrubs and trees in slopes shall be permanently maintained. In turf areas, berms shall be maintained for 30 days following tree planting. 10. Pruning shall be limited to the minimum necessary to remove injured twigs and branches and to compensate for loss of roots during transplanting,but never to exceed one-third of the branching structure. Upon approval of the Engineer, pruning may be done before delivery of plants but not before plants have been inspected and approved. 801-4.6 Plant Staking and Guying. The entire subsection shall be deleted and replaced with the following paragraph: All staking and guying shall be in accordance with the City Standard Plans. 801-4.7 Ground Cover and Vine Planting. The second paragraph shall be deleted and replaced with the following: Ground cover shall be planted in moist soil and spaced as indicated on the plans. Vines shall be planted in accordance with subsection 308-4.5 and City Standard Plans and spaced as indicated on the plans. LA-10 &nbsp; Page 303 801-4.8 Lawn Planting 801-4.8.2 Seed. The following paragraph shall preface the subsection: The Contractor shall provide a written seed mixture statement for Method A or a written slurry mixture statement for Method B for approval of the Engineer prior to planting. (a) Method A.The following sentence shall be added at the end of the fourth paragraph: Swales shall be planted or lined with sod of equal seed mix to minimize soil and seed erosion. (b) Method B.The following sentence shall be added at the end of the subsection:Swales shall be planted or lined with sod of equal seed mix to minimize soil and seed erosion. 801-4.8.3 Sod. The following sentence shall be added after the second sentence in the third paragraph: Sod shall be laid with longer seams perpendicular to the slope,and in a staggered pattern to minimize erosion. 801-4.9 Erosion Control Planting The following subsection shall be added: 801-4.9.6 Hydroseeding. Equipment must have minimum capacity of 1,500 gallons,and a positive displacement pump with the ability to agitate and properly mix the above materials. Pump must be capable of creating 100 psi pressure with sufficient volume to distribute above slurry evenly over 12,000 square feet within a 15-minute period. The Vendor shall furnish at least 2 employees during all hydro mulching applications. The materials for stolonized areas shall be machine mixed before application.The mixture of stolons and additives shall be applied by a hydro mulching machine. The nozzle height shall be between 6 feet and 10 feet above the ground level. Discharged pressure at the nozzle shall be 100 psi. Spraying shall be done in a sweeping motion allowing the slurry to fall evenly and eventually building up a fairly consistent matting. Area to be planted shall be irrigated to obtain 12 inches of penetration.This shall be done 4 to 7 days prior to planting. All slurry mixture which has not been applied to the designated area within four hours after mixing shall be rejected and removed from the project at the Contractor's expense. Hydroseed area on plan shall be hydroseeded with the following: 2000 lbs/acre Weed Cellulose Fiber 100 Ibs/acre Ecology Control M-Binder 66.5 Ibs/acre Seed Mix(see plans for mix) 600 Ibs/acre Gro-Power Plus Fertilizer or approved equal. LA-11 &nbsp; Page 304 Any slurry spilled into restricted areas,such as reservoir basins or drainage ditches, shall be cleaned up at the Contractor's expense to the satisfaction of the Engineer. It shall be the responsibility of the applicator to assure that the site is properly prepared and that the irrigation system is operating and programmed properly. The applicator shall notify the Contractor and the Engineer if the site is not properly prepared. The hydroseed applicator shall take responsibility for repairing tire ruts created by his equipment, unless he has notified the Contractor of the poor soil conditions, being too wet, or of insufficient compaction, and is requested by the Contractor to continue. Areas for repair shall be blended and floated to match surrounding areas and reseeded. All bare spots shall be re-hydroseeded by the Contractor within 10 days. The Contractor shall be responsible for all reseeded areas for as long after seeding as necessary until an acceptable stand of hydroseeded material is realized and approved by the Engineer. Water as necessary to insure constantly moist soil until germinated(approximately 14-21 days). Water every day once per day for two weeks thereafter and then gradually reduce frequency of watering to twice per week. The Contractor shall continue to maintain the lawn until final acceptance by the City. Woodchipper mulch installation shall consist of placing 4" thick material equal to or supplied by Earthworks of Norco, California (909) 538-3321 over designated planter areas. See plans for areas of installation. Submit sample prior to purchase and/or placement for approval. Certification of weights and analysis shall be required by City for all of the following materials used: a. Soil conditioners b. Fertilizers c. Seed 801-5 IRRIGATION SYSTEM INSTALLATION 801-5.1 General.The following paragraphs shall be added after paragraph i; Due to the scale of drawings, it is not possible to indicate all offsets,fittings,sleeves,etc., which may be required. The Contractor shall carefully investigate the structural and finished conditions affecting all of his work and plan his work accordingly,furnishing such fittings, etc., as may be required to meet such conditions. The work shall be installed in such a manner as to avoid conflicts between planting,and architectural features, etc. All work called for in the drawings by notes or details shall be furnished and installed whether or not specifically mentioned in the specifications. The Contractor shall not willfully install the irrigation system as shown on the drawings when it is obvious in the field that unknown obstructions, grade differences, or discrepancies in area dimensions exist that might not have been considered in engineering. Such obstructions or differences shall be brought to the attention of the Engineer. In the event this notification is not performed, the Contractor shall assume full responsibility for any revisions necessary and shall LA-12 &nbsp; &nbsp; Page 305 perform such at his own expense. The second paragraph shall be deleted and replaced with the following paragraphs: The location of connection points shown are approximate. The Contractor shall contact the utility company and coordinate the installation of the required electrical and water services. Following coordination with the utility companies, the Contractor shall make all necessary provisions to make the service connections called for on the plans at the places indicated or to the nearest acceptable point thereto as approved by the utility company and the Engineer. Verification of the point of connection with the utility company and the Engineer shall be obtained by the Contractor prior to the start of work, All costs for making service connections shall be paid for by the Contractor, with the exception of any utility company fees and permit fees which are reimbursable by the City, as per Section 7-5"Permits"of these Special Provisions. The following paragraph shall be added at the end of the subsection: The City reserves the right to make temporary repairs as necessary to keep the irrigation system in operating condition. The exercise of this right by the City shall not relieve the Contractor of his responsibilities under the terms of the guarantee as herein specified. 801-5.2 Trench Excavation and Backfill. The fourth paragraph shall be deleted and replaced with the following: The trenches shall not be backfilled until all required tests are performed.A fine granular material used for bedding and backfill will be placed on all lines. Trenches shall be carefully backfilled with the excavated materials approved for backfilling, consisting of earth, loam, sandy clay, sand,or other approved materials,free from large clods of earth or stones. The finished surface shall be restored to the grade established prior to excavation. All mounding and divots shall be graded smooth to the satisfaction of the Engineer. If settlement occurs, and subsequent adjustments in pipe, valves, sprinkler heads, lawn or planting, or other construction are necessary, the Contractor shall make all required adjustments. The following subsections shall be added: 801-5.2.1 Trenching and Backfilling Under Paving.Where irrigation lines are called to be placed within a sleeve, the P.V.C. sleeve to be provided for such work shall be Schedule 40 P.V.C.or Class 315 for sleeves 2" and larger. 308-5.2.2 Trenching Adjacent to Existing Trees. Where it is necessary to excavate adjacent to existing trees, the Contractor shall use all possible care to avoid injury to trees and tree roots. Excavation in areas where two inch and larger roots occur,shall be done by hand. All roots two inches and larger in diameter, except directly in the path of pipe or conduit, shall be tunneled under and shall be heavily wrapped with burlap to prevent scarring or excessive drying. Where a ditching machine is run close to trees having roots smaller than two inches in diameter, LA-13 - —_ &ubsp;. &nbsp; Page 306 the wall of the trench adjacent to the tree shall be hand trimmed, making clean cuts through. Trenches adjacent to trees should be closed within twenty-four hours. Where not possible, the side of the trench adjacent to the tree shall be kept shaded with burlap or canvas. 801-5.3 Irrigation Pipeline Installation. 801-5.3.1 General.The following sentence shall be added to the end of paragraph three: A minimum of twelve inches clearance shall be maintained between irrigation pipelines and non-irrigation pipelines or conduits. The following paragraphs shall be added at the end of the subsection: P.V.C.sleeves shall be required under areas where hardscape materials shall be installed. Before starting work on the irrigation system, the Contractor shall verify utility service connection and meter locations with the utility companies. 801-5.3.3 Plastic Pipeline.The following shall be added to the end of paragraph one: PVC to metal connections shall only be accomplished by PVC male adapters screwed into metal fittings. Teflon tape shall be used on all threaded PVC to PVC joints and on all threaded PVC to metal joints. Light wrench pressure is all that is required. The following shall be added after paragraph five: The Contractor is cautioned to exercise care in handling, loading, unloading and storing of PVC pipe and fittings. All PVC pipe shall be laid flat and not subjected to undue bending or concentrated external load at any point. Any section of pipe that has been dented or damaged will be discarded and, if installed,shall be replaced with new piping. P.V.C. pipe and fittings shall not be stored in direct sunlight. The following subsection shall be added. 801-5.3.5 Conduit for Irrigation Pipe in Streets. If delay to any vehicle will not exceed 5 minutes, conduit may be installed by the following trenching method: Conduit shall be placed under existing pavement in a trench approximately 2 inches wider than the outside diameter of the conduit to be installed. Trenches shall not exceed 6 inches in width. Conduit depth shall not exceed 12 inches or conduit trade diameter plus 10 inches, whichever is greater, except at pull boxes where the trench may be hand dug to the required depth. The top of the installed conduit shall be a minimum of 9 inches below finish grade. The outside of all areas of pavement to be removed shall be cut to a minimum depth of 3 inches with an abrasive type saw or with a rock cutting excavator specifically designed for this purpose. Cuts shall be neat and true with no shatter outside the removal area. The conduit shall be placed in the bottom of the trench and the trench backfilled with commercial quality concrete, containing not less than 564 pounds of cement per cubic yard, to LA-14 &nbsp; Page 307 not less than 0.10 foot from the pavement surface. The remaining area shall be tack coated and backfilled with asphalt concrete per City Standard Plans. 801-5.4 Installation of Valves,Valve Boxes, and Special Equipment. Paragraphs three,four and five shall be deleted and replaced with the following: Quick-coupler valves shall be set in valve boxes one foot from curbs, pavement or walks. Quick-coupler valves shall be installed per City Standard Plans. 801-5.5 Sprinkler Head Installation and Adjustment. 801-5.5.2 Location, Elevation and Spacing.The last sentence of the second paragraph shall be amended to read as follows: Lawn sprinklers shall be installed 6 inches (150 mm) clear of adjacent walks, curbs, paving, headers and similar improvements. The third paragraph shall be amended to read: Sprinkler heads shall be installed 6 inches (150 mm) from adjacent vertical elements projecting above grade such as walls, planter boxes, curbs and fences. Paragraph 4 shall be deleted and replaced with the following: Shrub heads and bubbler heads shall be installed so as to operate 12 inches (300 mm) above finished grade, unless otherwise detailed on the plans. 801-5.7 Flushing and Testing 801-5.7.1 General. The following paragraph shall preface the subsection: Flushing of the lines (main line) shall be done before quick coupling valves and remote- control valves are in place. All open ends shall be temporarily piped to flush water up and out of the trenches. No water will be permitted to fall into the trench. Flushing procedure will be to first open the ports nearest the source, then recap, and move progressively towards the end of the line, with only one open port flushing at any one time. 801-5.7.2 Pipeline Pressure Test. 801-5.7.2.2 Method A. The following shall be added to the end of the second paragraph: Pressure tests shall be performed such that the test periods are within the working hours specified in the Special Provisions. 801-6 MAINTENANCE AND PLANT ESTABLISHMENT. The following paragraphs shall be added at the end of the subsection: The Contractor shall be responsible for detecting diseases and pests (including rodents) as soon as they are present and shall take immediate action to identify and control the disease LA-15 &nbsp; Page 308 or pest. Plants shall be maintained in a disease and pest free condition. A licensed pest control operator shall be maintained to recommend and apply pesticides, herbicides and fungicides. Exterminate gophers and moles and repair damage. Maintain all planting, starting with the planting operations and continuing for 60 calendar days,after all planting is complete and approved by the City in writing. The maintenance period will not commence until all planting has been approved in writing by the City. Maintenance shall include all watering, weeding, mowing, edging, cultivating, spraying and pruning necessary to keep the plant materials in a healthy growing condition and to keep the planted areas neat and attractive throughout the maintenance period. Provide all equipment and means for proper application of water to those planted areas not equipped with an irrigation system. Protect all planted areas against damage, including erosion and trespassing, by providing and maintaining proper safeguards. During the maintenance period, all plants and planted areas shall be kept well-watered and weed free at all times. In order to expedite the plant establishment work,the Contractor shall maintain a sufficient number of workers and adequate equipment to perform the work herein specified from the time any planting is done until the end of the final maintenance period. The Contractor will be relieved from maintenance work when the plant establishment and maintenance work has been completed to the satisfaction of the City. Damage to planting areas shall be replaced immediately. Depressions caused by vehicles, bicycles, or foot traffic, shall be filled and leveled. Replant damaged areas. Apply a pelletized fertilizer blend of 15-15-15 at the beginning and at a 30-day maintenance interval at the rate 350 lbs. per acre until the designated end of the maintenance period. A 60-day maintenance program shall consist of three fertilizer periods. Apply 25 pounds of Gro-Power Plus per 1,000 square feet at the 25th and 55th day of the 60-day maintenance period. Exterminate rodents,slugs,snails and cutworms as required and repair damage as above. All paved areas shall be broom cleaned and/or washed and maintained in a neat and clean condition at all times, as directed by the City. At the end of the maintenance period, all plant material shall be in a healthy growing condition.During the maintenance period,should the appearance of any plant indicate weakness and probability of dying,that plant shall be immediately replaced with a new and healthy plant of LA-16 &nbsp; Page 309 the same type and size without additional cost to the City. All trees shall be guaranteed by the Contractor to live and grow in an acceptable upright position for a period of one year after completion and final acceptance by the City. The Contractor, within 15 days of notification by the City, shall remove and replace all guaranteed plant materials which for any reason fail to meet the requirements of the guarantee. Replacement shall be made with plant materials as indicated or specified for the original planting, and all such replacement materials shall be guaranteed as specified for the original guaranteed materials. Upon completion of the work in this section, the Contractor shall clean up and remove from the area all unused materials and debris resulting from the performance of the work as directed by the City. The following subsections shall be added: 801-9 GUARANTEE The guarantee period shall begin at the date of final acceptance by the Board. Upon acceptance, all planting, irrigation, earthwork and trenches shall be guaranteed by the Contractor for a period of one year against defects in materials and workmanship. Any settling of backfill trenches which may occur during the one-year guarantee period shall be repaired to the City's satisfaction by the Contractor without expense to the City, including the complete restoration of damaged planting, paving, or other improvements of any kind. The Contractor, within fifteen days of notification by the Engineer, shall remove and replace all guaranteed plant materials which,for any reason,fail to meet the requirements of the guarantee. Replacement shall be made with plant materials as indicated or specified for the original planting and all such replacement materials shall be guaranteed as specified for the original guaranteed materials. 801-10 CHARTS, MANUALS AND DRAWINGS. 801-10.1 As-Built Drawings. The Contractor shall provide the Engineer with "as-built mylars" at the completion of the project. Contractor shall dimension from two permanent points of reference, building corners, sidewalk, or road intersections, etc.,the location of the following items: 1. Gate valves 2. Sprinkler control valves 3. Routing of control wiring 4. Quick coupling valves 5. Other related equipment as directed by the City 6. Significant changes in routing of lateral lines from those indicated on the plans LA-17 &nbsp; Page 310 On or before the date of the final inspection,the Contractor shall deliver the corrected and completed mylar and aperture cards to the City. Delivery of the final mylar and microfilm will not relieve the Contractor of the responsibility of furnishing required information that may be omitted from the prints. 801-10.2 Controller Charts. As-built drawings shall be approved by the City before the Contractor prepares the controller charts. Provide one controller chart for each controller supplied. In the case that no controller is provided, the Contractor shall prepare a new controller chart, utilizing any existing system that is being protected, as well as any new systems online,for the existing controller(s). The chart shall show the area controlled by the automatic controller and shall be the maximum size, which the controller door will allow. The chart shall be a reduced drawing of the actual as-built system. However,in the event the controlled sequence is not legible when the drawing is reduced,the controlled sequence shall be enlarged to a size that is readable when reduced. The chart shall be a black or blueline print with a different color used to indicate the area of coverage for each station. When completed and approved, the Contractor shall hermetically seal the chart between two pieces of plastic, each piece being a minimum of 10 mils thick. These charts shall be completed and approved prior to final inspection of the irrigation system. 801-10.3 Manuals. Prepare and deliver to the City within ten calendar days prior to completion of construction, two hard cover three rings binders containing the following information: 1. Index sheet stating Contractor's address and telephone number and a list of the equipment with the name and address of the local manufacturer's representatives. 2. Catalog and parts sheets of every material and equipment installed under this contract. 3. Guarantee statement. 4. Complete operating and maintenance instructions on all major equipment. In addition to the above-mentioned maintenance manuals, provide instructions for major equipment and show evidence in writing to the City at the conclusion of the project that this service has been rendered. 801-11 EQUIPMENT. 801-11.1 Loose Equipment to be Furnished. The Contractor shall supply as a part of this contract the following tools: LA-18 &n sp,- - - - &nbsp; Page 311 1. Two sets of special tools required for removing, disassembling and adjusting each type of sprinkler and valve supplied on this project. 2. Two five-foot valve keys for operation of gate valves. 3. One quick coupler key and matching hose swivel for every five of each type of quick coupling valve installed. Q. Six spray nozzles of each type specified on the legend. 5. Twelve spray bodies of each manufacturer specified on the legend. 6. Two rotors of each manufacturer specified on the legend. 7. Two gate valves- line sized -as specified on the legend. 8. Two keys each for controller and controller enclosure doors. The above-mentioned equipment shall be turned over to the City at the conclusion of the project. Before final inspection can occur, evidence that the City has received the material must be shown to the Engineer. LA-19 - - - &b &nbsp; Page 312 APPENDIX &nbsp; &nbsp; Page 313 APPENDIX ITEM 1 CITY WORKING DAYS CALENDAR CITY OF RANCHO CUCAMONGA WORKING DAY CALENDAR FOR 2020 JANUARY FEBRUARY Sun Mon Tue Wed Thu Fri Sat Sun Mon Tue Wed Thu Fri Sat 1 1 2 3 4 2 3 4 5 6 7 8 Holydd, ;52 151 !•1 5 6 7 8 9 10 p11 9 10 11 12 13 14 15 1'1.. 44� Z�a 757 359 77x l'� 5j 12 13 14 15 16 17 18 16 17 18 19 20 21 22 ?54 ly0 <f l l 2 Holidayd.i 5a %; .1Sra 19 20 21 22 23 24 25 23 24 25 26 27 28 29 Holiday -VA 1:•5 390 l91 26 27 28 29 30 31 k.., i:,l MARCH APRIL Sun Mon Tue Wed Thu Fri Sat Sun Mon Tue Wed Thu Fri Sat 1 2 3 4 5 6 7 1 2 3 4 392 lyl ?04 W }96 .174 415 416 8 9 11 12 13 14 5 6 7 8 9 10 11 :J111 343 199 -+00 =01 4,7 41$ .714 420 Q2 15 16 17 18 19 20 21 12 13 14 15 16 17 18 :f12 103 404 40S 406 4" 42{ 424 475 4,6 22 23 24 25 26 27 28 19 20 21 22 23 24 25 497 JN 409 410 411 a?7 42E 42) 1? '31 29 30 31 26 27 128 29 30 1 MAY JUNE Sun Mon Tue Wed Thu Fri Sat Sun Mon Tue Wed Thu Fri Sat 1 2 1 2 3 4 5 6 435 J55 417 4.5$ 459 46u 3 E437 5 6 7 8 9 7 8 9 10 11 12 13 a38 4a9 44a 44i 461 46? 4(1; 4;)4 46' 10 12 13 14 15 16 14 15 16 17 18 19 20 dai 444 .145 440 ;Sfi -167 A 4 4'M 17 18 19 20 21 22 23 21 22 23 24 25 26 27 as7 at8 s44 �Sa asi 4'i 4T7 47i J;J 47, 24 22M 26 27 28 29 30 28 29 30 1 Holiday �S2 a53 as J5S a7r: .+7 31 I:IENGDESGNIformslCalendarslWorking Day Calendar 2020 Page 1 of 2 &nbsp; Page 315 CITY OF RANCHO CUCAMONGA WORKING DAY CALENDAR FOR 2020 JULY AUGUST Sun Mon Tue Wed Thu Fri Sat Sun Mon Tue Wed Thu Fri Sat 1 2 93 4 1 471s Holiday 479 5 6 7 8 9 10 11 2 3 4 5 6 7 8 d8p s51 19? dA� �4$d 5 50k Sp1 ii'�; 4;51 12 13 14 15 16 17 18 9 10 11 12 13 14 15 �165 4H5 �187 d$$ YTs9 S1I4 5 507 �'iK `{wF 19 2Q 21 22 23 24 25 16 17 18 19 20 21 22 d90 d41 d4; d:}} a41 tii:� 511 512 513 514 26 27 28 29 30 31 23 24 25 26 27 28 29 #*1S :9ti a97 �yK a.r, 30tidy S11 51R 5:9 30 31 SEPTEMBER OCTOBER Sun Mon Tue Wed Thu Fri Sat Sun Mon Tue Wed Thu Fri Sat F,T2 3 4 5 1 2 3 6 7 A 8 9 10 11 12 4 5 6 7 8 9 10 Holiday. 4.5 528 544 4y5 54f) 547 1$. 13 14 15 16 17 18 19 11 12 13 14 15 16 17 5'G S1i, S7: i?1 519 55, 551 IS2 55i 20 21 122 23 24 125 LL 26 18 19 20 21 6 22 23 24 S�� 555 �5 ��� S�� 27 28 29 30 25 12r, Si'1 27 128 29 30 31 1.5�1 5r�1 S!,g 54: tins NOVEMBER DECEMBER Sun Mon Tue Wed Thu Fri Sat Sun Mon Tue Wed Thu Fri Sat 1 2 3 4 5 581 582 583 594 1 2 3 4 5 6 7 6 7 8 9 10 11 12 564 565 56f. 5w5 586 °$7 1 50 W? 8 9 10 11 4 12 13 14 13 14 115 18 17 18 19 Sb4 569 Holiday. {;7 590 591 592 W, 5.). 15 t23 17 18 19 20 21 20 21 22 23 24 9 25 26 5;! 57: s7; 595 596 197 Holiday Holiday. 22 24 25 26 27 28 27 28 29 30 31 0S Holiday Holiday closed closed closed Holida29 I:\ENGDESGN\forms\Calendars\Working Day Calendar 2020 Page 2 of 2 &nbsp; Page 316 CITY OF RANCHO CUCAMONGA WORKING DAY CALENDAR FOR 2021 JANUARY FEBRUARY Sun Mon Tue Wed Thu Fri Sat Sun Mon Tue Wed Thu Fri Sat 1 2 1 2 3 4 5 6 ilo!jda� I 6 3 4 5 6 7 8 9 7 8 9 10 11 12 13 *+ 600 601 602 W ('21 614 6:: 0: 10 11 12 13 14 15 16 14 15 16 17' 18 19 20 r-ll.: 605 606 607 60E Holiday :29 r0 17 18 U 19 20 21 22 23 21 22 23 24 25 26 27 Ilolida 6,19 61C 6:1 M2 24 25 28 27 28 29 30 28 613 41a 613 616 nl7 31 MARCH APRIL Sun Mon Tue Wed Thu Fri Sat Sun Mon Tue Wed Thu Fri Sat 1 2 3 4 5 6 1 2 3 :AI 7 8 9 10 11 12 13 4 5 8 7 8 9 10 652 667 God ooL 14 115 16 17 18 19 20 11 12 13 14 15 16 17 &47 618 6.49 667 n58 669 6701 671 21 22 23 24 25 26 27 18 19 20 21 22 23 24 073 674 675 57o 29 29 30 31 25 26 27 28 29 30 MAY JUNE Sun Mon Tue Wed Thu Fri Sat Sun Mon Tue Wed Thu Fri Sat 1 1 2 3 4 5 2 3 4 5 6 7 8 6 7 8 9 �10 11 12 r;82 na+ e�k h85 6'J6 7U{� 9 10 11 12 13 14 15 13 14 15 16 17 18 19 9'+ OU 6r89 &X 691 T 17 11 d 16 17 18 19 20 21 22 20 21 22 23 24 25 26 602 had 64� 695 6" '� F:$ 7=4 23 24 25 26 27 28 29 27 28 29 30 1698 30 31 Honda I:IENGDESGN1Working Day Calendar Page 1 of 2 -&nbSp; &nbsp; Page 317 CITY OF RANCHO CUCAMONGA WORKING DAY CALENDAR FOR 2021 JULY AUGUST Sun Mon Tue Wed Thu Fri Sat Sun Mon Tue Wed Thu Fri Sat F12 3 1 2 3 4 5 6 7 ik 4 5 a fi 7 8 9 10 8 9 10 11 12 13 14 11ohdav 11 12 13 114 l5 16 17 15 16 17 18 19 20 21 18 19 20 21 22 23 24 22 23 24 25 26 27 28 26 26 127 28 29 30 31 29 30 31 - SEPTEMBER OCTOBER Sun Mon Tue Wed Thu Fri Sat Sun Mon Tue Wed Thu Fri Sat 1 2 3 4 1 2 7i.7 7C8 76Y 7N 5 6 7 8 9 ID 11 3 4 5 6 7 8 9 k#nl 77i1 77� 7?_' 77, 72.) 7'W 791 792 7,6 12 13 14 15 116 17 18 10 11 12 13 14 15 16 "4 715 776 5 794 796 797 7" 19 20 21 22 23 24 25 17 18 19 20 21 22 23 771 7R} 781 'r.'_ ?a! 74! 870 301 1 80'_ 8.931 26 27 28 129 30 24 25 126 27 28 29 30 �aa 7ss 7�0 7i;7 !�!.t sus sae $Q7 ,7na 31 NOVEMBER DECEMBER Sun Mon Tue Wed Thu Fri Sat Sun Mon Tue Wed Thu Fri Sat 1 2 3 4 5 6 1 2 3 4 41.1 7 8 9 10 11 Ifi 12 13 5 6 7 8 9 10 11 14 15 1fi 17 18 19 20 12 13 14 15 16 17 18 i1N P.9 Sr� d`I s.', sir SS8 Bsv FJ, 21 22 23 24 25. 28 27 19 20 21 22 24J25 aS ed lioli 28 29 30 26 27 28 29 30 31 8" uA7 Oa ed cloned closed vitned 1101ida I IENGDESGN0orking Day Calendar Page 2 of 2 - - - - &nbsp; Page 318 APPENDIX ITEM 2 SAMPLE OF APPROVED CERTIFICATES OF INSURANCE oAletuE:vo1vYY'q A CERTIFICATE OF LIABILITY INSURANCE tE� THIS CERTIFICATE 18 ISSUED AS A MATTER OF INF0R1AATfON ONLY AND CONFERS 140 IUGHTB UPON THE:CFRTIFIIOAYE HOLDER,THIS CERTIFICATE DOES NOT AFFWdAATIV9LY OR NEGATIVELY AMEND, extENo OR ALTER THE COVe AOE AED BY THC POLICIES BELOW, THIS CERTIFICATE OF INSURANCE boas NOT CONSTITUTE A CONTRACT BETW96N 114E ISSUINRER(S),AUTHORIZED REPRESENTATIVE OR PRODUCRR ANb THE CERTIFICATE HOLDER. las must have ADDITIONAL INSURED provhlonc or be endom0. IMPORTANT: IF the cedHlcale holder la an ADDITIONAL INSUREDI the polky( I if Se BRr OO f ON IS e don n AIVElDar itMa b lha cer1i11CeU fielder In II u of each mdersement s certain Ildet may nquln an endorealnenl. A ilalemeni on I0.00VCER S t Art vEaAo6 Iwoa uu e 1 n mtvaro Rat C n oaE o1 ^ 1 of � eat asua C0VERA4E8_ CERTIFICATE NUMBER: 69 d REV18i0N NUMBER: TH81S TO CERTIFY THAT THE POLICIES OF INSDrIAHCE EISTEO BELOVI HAVfi sE61718SUED TO THE[HStAtE4 N1LMED AOOVE FOR TFIE POLICY PERIOD IHDICATEQ NOTWITNBTAttDIHO ANY REQUIREMENT,TERM OR CONDITION OF ANY C0141RACT OR OTHER DO(:UAIENT 1NTH RESPECY TOl E TE TMI9 CERTIFLCATE NAY DE ISSUE OR MAY PCRYAIN.THE INSURANCE AFFORDED BY THE POLICIES DFSCAIBRO HEREIN SS 8USJECT Td ALL THC TERASS, 0=010148 AND CONDITIONS OFaUCH POL1gES,LVATS S1tMN MAY HAVe 6EEY REOMEO By PNO CW MS. _ - 01 t -- TYFa OFaIWPNr06 IL76 .DrJaF0. A C0Y119KIIII WIPALL41Yury / 10r2012018 10f2g12018 rFSHOCC RIREACa ' 6 CiAYdb.SV10E D OCCUR t1 D D ✓ §VM asduoSbto SO LIE9 E w sT,DO�-- ss alL12 it aCy6aAULoaa6ase W IMA00aE0A'RppM�pUTAPPUMM- mmO;lCT ❑L� Paaauro•COEppPARO g2 _ B AUYouoeµFtlAuYr le - J012912015 1012512019 AIlYA1C a00a.YYldun'r trot/magi T AU ow" AaCtrlltelalO e00M1Y elAt0.l(Per 10dQOR11 1 t t l SLY HoIF0a55NE0 l y f a-_-- t � . Al1T4tOHLY t AUTOdONLY it f n0 / 1 — —. — g f cActr vlfaRlEULue OCCUR10129l201ti i012911019 accu r� 1,4&44.4Q4� �. VCptUAe CLAM 409 's Form Aa8RE0ATE .- - DEDUCTIBLE s ✓ ILc�NH�..� — _ WOPIR1111COYPURA110N - —- -" Altosw1oY6Rs'LIA PLITY NIPRO lmaL,FA WIME7 CUItE tY./MSIMtM1a0 fA.dSE1SE•fi�[l1AAYf R e/wRt.v+r.r �tnRa _ P106a e- idrrin onbaolore LTabl! 11 e 70 s a2 De Ea ollulbn vd A Contra 1012gMID 101Yg12019 D uclik A 8uslnets Personal Property 1072012010 10nOn01 Oeducbble elbCNPTtOH cF O►InAl1aHe I LOOAnOUS I VJACLEa JAC401RO(01,Ad/i14n11 Rtntria sth.M..r'AV M OUCh6d u Inva/PIN II14g0441 OCcJestong ,Runcho endentconlraclorshUlerdeof o tatc ct Ci)f ,Ile el0cerC camels employees,deslanated valunloerl,and agenla aeMnp as Indep 011y or dg6my @Woos afa named as eddtdonel Insured es�peerW ten owtiacl and Icy terms and corAkne.Insurance Is Primary and Noa GontrAwlory vhlwf or subrogaDon applba.Additional Insured s f1dorsemsnl per oltachd,tdm. . .30 day nonce of CeneelaOvn except 10 days nO CC for non-payment of prerntum. CE IF TE HOLDER CANCELLA7 Pr eelCayo Rancho Cucamonga 1KOULD ANY OF THSABOVE DE6CRIneo pOUCIES BC CAHOELLEO BEFORE Allh o1 Rancho Cucamonga THE EXPIRA110H -ATE THE0.COP, NOTICE PALL 6E OELNEREO II) ACCORDAN@EVATH THE POLICY PROV161011%. Rancho Cucantonge CA 91730 Au r 11oPu r o Rs PP r 1 elrrAmre ¢4088.2015ACORD CORPORAl10N.ARrlghla tosarvad. ACORD 26(2016103) The ACORD name and Iggn are registered marks of ACORD 11S)lilt 1 lr•11 Gt,hato,C-b (C—ItLGI L LykGLt*St—ittt 1 11210711 Sr]ft11R I►ail 1 +9•l•f]0 &nbsp; &nbsp; Page 320 TOI!CY0.OMMERCIAL GENERAL LIABILITY NUMHERI IGY GO 2010 07 04 THIS ENDQRSEMRNT CHANGES 7HE POLICY. ioLEASE READ IT CAREFULLY. ADDITIONAL ENSURED w OWNERS, LESSEES-OR CONTRACTORS SCHEDULED CHE ULE PERSON OR OR Thts endorsement inodliles Insurance provided under the(oliowing: COMMERCIAL GENERAL LIABILITY COORAGIr PART t SCHEDULE fdatne Of Additional Insured persons) Looallon a 'of Covored 0 arattons . OrOr artlxation s City of Rancho Cucamonga,Its ofacars of dols,employees, deslgnofed volunteers andarg� is sendng as Indappendenl contractors I Ipherole of dty or agencyoM its ere named as addilional•tnsured as �praleci City of Rancho Cucamonga fPflrmeryandWonConlAbpuloryiWatvarofsubrogeilonepPlles t Add a]Mauled Endorsement par attached form 11 10 day notice of eancellstian except 10 days notice for norl-psymenl of premium informatton re ulred to eom Isla Ihls schedule if not shown above will he afloti In the DeclafallonS, A. section 11 —Who Is An insured is amended to B. Witt, rasponal of to (het nsurance afforded additi to these Inciude as an addillonal Insured the peraott(s)or slops apply: organhatt4n(s) shown in the Schedule, but only pp y: Mth respect to liability for"bodily inIMP,°PTQparty Thls Insurance does not apply to°bodlly k)IU r'or damage" or "personal and advertising lnJur/ 'propettydamage occardngafter: caused,in whole of In part,by: 1, All work, including malatfale, parts of equip- 1, Your acts or onilsslons;or mart furnished ht conneollon with suoh work, o401181100 r reipelrs)to be peolsol erformed by o than r MaIM on b ha f of 2. The acts or onilesions o1 lhoso acling an your behalf; Ilia addillonal Insureds)at the locallon of the in the performance of your ongoing oparallons for covered opsrallons has been completod;or the addillonal Insuredts) at.the location(s)deslg- 2, That pardon of 'ycur tivorita out of which the Rated above. Injury or damage erlses has been Put to Its In- wided use by any person or or9anI2011011 other than another conkael& or subcontractor en- as a part o af the same operations Project, for a principal rr 2n 1 n 07 04 ISO Properties,Inc.,2Q04 Pago 1 of 1 C] &nbsp; Page 321 001AWRCIAL nENECG LIA LI 5 1 POLICY NU,VBER: THIS ENUORgEWNT 9HAN13ES THE POLICY.PLEASE READ IT CAREFULLY. ADDITIONAL INSURED -OWNERS, LESSEES OR CONTRACTORS -COMPLETED opE!RA7rI0NS� Tits andoreement MOM.53 Insurancs provided under the(OHOW10 CONWERCIAL GENERAL LIABILITY COV1 RAGE PART pRODUCTSICOhiPLETED OPFRATlON8 LIABILITY COVERAGE PART $OHEDULE ' Mama Of Addlllonal Insured Pereon(s)Or Crgantz llon(s} eeMnpasladapendentcconlleaclhorrsirInthe oofCityoragencyottodalliarenimed and ag / Additional ln+uied v tocallo}r And DeborititIm Of Gompletad oporollaue %Uj&r,.IectCity of Rancho Cucamonga work Described in writing in the contract: � agreement or voymit Lcoationla) at uhiah yoU perfoXraed work deeorlbod in the writeen eontract, agraemenr of poxmit: infomrallon lequfred to COmplele Ihls Schedule, If not shown above,NNII be shovJ In tivz Deciaragons. A, 800tloll If-Who Is An insured Is emended to la. With a(spect t !I10 surlads,ranCo lho (ofifoldad to ovring is Include as an addNonal Insured Iha persons) thoso added l0 4sclI I 1I-}.IroU Ib Ineuranoat - or orgorJMVQn(s) shovm In the Scheduto, but only vAth respect to IlablAty (or 'bodily In- If covorege provided to Ilia addlllOASI Insured jury' or'ptoperty damago" caused,In whole Is required by otbol ref Ute addllb the or In P0,by'your vrork at the IoeaVon des- most vre vAII ply on Ignated and described In the Schedule of this Insured Is the amount of IneulanCO' OndOnament performed for that addlllonsl ;, ttequlrad by Ale conlract or eprsemenil hteurod and Included in iho"pfoducts•com• Or plated operallons 11026rd'• g, Avallebla under tho applicable LIPAS of Iiowaver: Insurance,shown In the DOCIONVOIie; 1, .The Insurance nflorded to such iddidonel vrhichovor Is less. Insured onty appltes to the ex(orrl permit- Thle eltdorsemant ab011 not increase Uio ep• ted by tavr, and pi'coblo Ltmlts of Insurance Shown In the Deal 2,' if coverage proylded to the addilional lo• Iarallons, lured is Te tWrad by a COAVOCI. Or OgreO- Mani, the lnsurenco O(lorded (o such addl11on91 Iltsured 41•not be broader Ihon that tvhtctt you ate required by Ilia contract or eeroeltront to pioAdo for such addfdonal Insured, CO 20 97 0413 � insprancfi SorVlcOs Clllco, ins,20V pa4e 1 of 1 &nbsp; Page 322 ` COMMERCIAL GENERAL LIA9ILI1Y POLICY NUMBS ✓ ISSUE DATE:10129nol8.10129/2019 THIS 1206 .MENT CHANGUS THC POLICY,KEASE RGAD I•i CAREFULLY, WAIVER OI- TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US TI is endorsomanl mod(flos Insuronee provided under lha(oflowrgg: COMf.iCRCIAL GENERAL LIAIMIA YCOVERAGEPART 80HEOULE Nanno of Parson or Orgai0aUono The City of Rancho oucariongga,Us olfrcers,olfldals,omAcgYes,designated volunteers and agents sendna -as IndependanlcontioctorsInlharoleofCityorApencyofa $is• (fl no enby appears abovo,information required to complelo Ihts andoreamentwlli De ahovrn In the Qeclarallons as appllcehle to this an dote amont,) eladmis or The TRANSFER OF RIGHTS OF RECOVERY de U��va<kisdano unde out r a coat our col�gEll pthal parson AGAINST O1HEk$ TO US Condition ($sogon M 'p In COMMERCIAL.GFNERAL LIABILITY CONDITIONS) or coo rated alperail nd hazards.'Thistle '9(applies la amended by Me addlllon of the fol:o�vingt only It (ha parson of orrds.' lion stem In'Iho We v alva tiny dghl of recovoly via may have agalnsi only abays. - the parson or organizattoa ahovrn In the Sohedulo abovo booauae of payments wo make for Injury or 00 24 04 40 0a Caplrighl,Inswance Sdrdea9 011100,Ina.,iag2 Pago I of i &nbsp; Page 323 POltay NO; ��i .� COMMERCIAL AUTO Named Insured: 10pAlte-10l2Al19 THLS L'NDORSVWNT CHANOM THE POLICY, PLEASE HAD IT CAREtstU-LY. ADDITIONAL INSURER-DESIGNATED IT,3-SON OR ORGANIZATION This cndot-Sciuent madit'ics InSPra9C0 providcd ruder IttotbHOwing: BUSINESS AUTO COVERAGE FORM SCHEDULE Wile dPerson or ot'ganl2aitan: CIj of Rancho cueamongs Its aMtcocs,oifid olra on oyolf�tclalo ape ed votuntoers,and agents serving as gdepondent WWWOrs In the rote of Gay A cY nemedJWdiaonsllnanted. / WHO JS AN INSURED(Scetion R)is atnerttled to itiolude as nu Insured Elie Pson Or ocgeni2atton shown In the Schedule bat only WWI respoot to liability arising out of the owrteastu ,ntalutenanco,or use of a covered"auto'. CA 76 08 07 88 &nbsp; Page 324 COMMERCIAL AUTO POLICY NUMBER:ftwnw� . CA 04 44 0310 THIS ENQORSEMENT CHANGES THE POLICY, PLEASE READ IT CAREFULLY. WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US (WAIVER-OF SUBROGATION) This endorsement r4diftes insurance provided under the folfovAng: BUSINESS AUTO COVERAGE FORM BUSINESS AUTO PHYSICAL DAMAGE COVERAGE FORM GARAGE COVERAGE-FORM MOTOR CARRIER COVERAGE FORM TRUCKERS COVERAGE FORM NAth respect to coverage provided by INs endorsement,the providons of the Coverage Form apply unless modl- fied fyy the endorsement, This endorsement changes the polloy effective on fhe Inception date or the poiloy urtess another date is Indicated belovi. Named Ihsured: )indorsement Effective Date: iwwote SCREOULE Name(s)of Faison(s)or organizattou(s): I The City or Ranebo Cvesmonge,its officers,olfidats, emnfoyees,designated volunteers and agents senM9 as i4ntddependen�conlmclors In the role o[Clty or Agency oPodels. Information required to complete this Scheduta If not shown above,Wit!be shown in the Deolerattons. The Transfer or Rights*of Recovery Against Oth- ers To Us Condttlon does not apply to the petson(s) or organlzatioro)shown in the Schedule,btA only to the extent that subrogation Is vrah+ed prior to the"aa cidenl"or the'lose'under a colArect with that person or organization. CA 04 44 0310 0Insurance Services Office,Ino.,2009 Page 1 of 1 a --_&Lrbsp; &nbsp; Page 325 CERTIFICATE OF LIABILITY INSURANCE Aeett 2032262 DARE(0611O�'Yf 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. It SUBROGATION IS WAIVED,subject to the tens and conditions of the policy,certain policies may require an endorsement.A statement on this certificate does not confer rights to the cediflcate holder in lieu of such endorsement(s). PRODUCER CONTACT NAM• PR me FAIL use E 0AIL INSU ERS AFFORDINGCOYERAGE L NAIC4 INSURER A:��nsuranse Co. T ✓ INSURED WSURER B: INSURER C: <✓/ INSURER 0: INSURER E NSURER F: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ESSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED.NOTWITHSTANDING ANY REQUIREMENT,TERM OR COND1 ION 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- TYP6 OF INSURANCE INS WVO POLICY NUMBER (MMIDDOYYYI (POLICY EXP MMmOrcrrrl LIMITS COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE S CLADAS- 1:1OCCUR DAMAGETORENTED S MFA FXP(Any one oersan s PERSONAL A AOV INJURY S GENL AG G {7 P}JE R.O GENERAL AGGREGATE S YIET PPLI LIC !I 'EC .' PRODUKS AG'r Is TNER S AUrOMONLE LIABILITY g ANYAUTO BODILY INJURY(Perprsonl s OWNED ONLY SCHEDIKEO AUTOS BODLYOLRIRY(PeraaodenlJ s AUr05 IDRED NONbWNED PROPERTY DAMAGE S AUTOS ONLV AUTOS ONLY 1. S UMBRELLALIAR OCCUR EACH OCCURRENCE s EXCESS LIAR CLAIMS•AWDE I AGGREGATE I S IFIE....1 is WOWCERS COMPENSATION �/ �1' OTh. AND EMPLOYER S'L IAINLITY /� R u17ROPREiOr.IPAr.TSERNEa'En�n'E 10101I2018 1010712019 EL. OEM nKEP.MMIEEA EXCLUDED' NIA X � (MSndAbry En NHI ✓ E.L DISEASE•EA£MPLOYE If yes.(MmdaAspbe unur 1 ESCRIrM\'OF OPERAT IONS W— v EL DISEASE-POLICY UMT IN$ 1,000,000 f I OESCRRnON OF OPERATIONS I LOCATNONS 1 VEhICLEB(ACORO 101.Addl16nal RtmarLs Schdu4.m>'Y!K Leached If mun tpsct It ngvirgdl 101MOM PRO.MU CITY OF RANGNO CICAMONGA. AVER OF SMADCATICH M FAVOR OF CRT Dr RANCHO CUCAMONGA,RS 0FFICER5,0fFICI4L$.EMPLOYEES.DESIOMATED YOLUNIMERS.AND OEws Fe1NING AS WDEPE NDFM COKIRACTOR51N THE ROLE OF erry OR AGENCY OrmiAt3 mium REOWRED eY nRRTUI CONTRACT. CERTIFICATE HOLDER CANCELLATION 2032262 CTrY OF RANCHO CUCAMONGA SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE ATTN THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN 10500 CIVIC CEN R DRIVE RANCHO CUCAMONGA,CA 91730 ACCORDANCE WITH THE POLICY PROVISIONS. AUTHOgZED REPRESENTATNE I (D1988.2016 ACORD CORPORATION, All rights reserved. ACORD 25(2016103) The ACORD name and logo are registered marks of ACORD --- -- - -- — --� - - ... -- -- -- -- - J-— - -- i� ----- &nbsp.; &nbsp; Page 326 Workers'Compensation and Employers'Liability Policy Named instrrod Endorsement Number i Policy Number Symbol: RWC Number. Pop cy Period Effective Date of Endorsement 1aroiaom TO 1olo1P2o19 06/11/2019 Issued By(Name of Insurance Company) Ace American Insurance Co. Insert the policy number The remainderof the information is to be completed only when this endorsement Is Issued subsequenl,to the prepaBtion of the paticy. CALIFORNIA WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT This endorsement applies only to the insurance provided by the policy because Califomia is shown in item 3.A.of the Information Page. 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,but this waiver applies only with respect to bodily injury arising out of the operations described in the Schedule,where you are required by a written contract to obtain this waiver from us. You must maintain payroll records accurately segregating the remuneration of your employees while engaged in the work described in the Schedule. Schedule 1. (X) Specific Waiver Name of person ororganization: CITY OF RANCHO CUCAMONGA,ITS OFFICERS,OFFICIALS,EMPLOYEES,DESIGNATED VOLUNTEERS,AND AGENTS SERVING AS INDEPENDENT CONTRACTORS IN THE ROLF OF CITY OR AGENCY OFFICIALS 10500 CIVIC CENTER DRIVE RANCHO CUCAMONGA,CA 91730 ( ) Blanket Waiver Any person or organization for whom the Named Ensured has agreed by written contract to furnish this waiver. 2. Operations: RE;01�PROJECT CITY OF RANCHO CUCAMONGA 3. Premium: The premium charge for this endorsement shall be INCLUDED percent of the California premium developed on payroll in connection with work performed for the above person(s)or organization(s)arising out of the operations described. 4. Minimum Premium INCLUDED Authorized Representative WC 99 03 22 &nbsp; Page 327 APPENDIX ITEM 3 PERMITS MINOR IMPROVEMENT(S) CONSTRUCTION PERMIT APPLICA TION CITY OF RANCHO CUCAMONGA, ENGINEERING DIVISION Fax(909) 477-z 7,q/ LOCATION I ADDRESS: MAJOR CROSS STREETS(2) N10: SIO: E10: W/O; ESTIMATED DATES: If address is same as owners check this box ❑ START: FINISH: CONTRACTOR CONTRACTOR CITY LICENSE n: LICENSE": EXPIRES: EXPIRES: ADDRESS (Contractor's) TELEPHONE: CONTACT PERSON: FAX NO: Phone No: CONTRACTOR CONTRACTOR CITY LICENSE#: LICENSE P: EXPIRES: EXPIRES: ADDRESS(Confraclor's) TELEPHONE: CONTACT PERSON; FAX NO'. Phone Na: PROPERTY OWNER OR DEVELOPER NAME TELEPHONE CELL HOME/WORK ADDRESS(Owner's/Developers) E-MAIL; Drive Approach **2'd drive Approach Applications Require Engineering and Manning Department Approval Dumpster I Roll Off I Utility Tranch If trenching,how many linear feet? Curb Core Other Insurance Requirements on the Sack Instructions: A Provide (2) Sets of Plans i Drawings with application (please make note of existing I proposing improvements and label which direction North is)can be hand drawn on 8 x 10 paper ? Allow a Minimum of(2)Two Full Working Days for Processing Contractor(s) Must Provide Liability Insurance Certificate Naming the City as Additional Insured (City of Rancho Cucamonga,Attn:Engineering Dept,10500 Civic Center Dr.,Rancho Cucamonga,Ca 9f730)with an Additional Insured Endorsement and Workman's Compensation Print Owner I Developer Rep's Name Owner's SIGNATURE DATE Print Contractors Pep's Name I Company Contractor's SIGNATURE DATE Print Contractors Rep's Name I Company Contractor's SIGNATURE DATE &nbsp; Page 329 PERMIT APPLICATION FOR TEMPORARY STREET AND LANE CLOSURES RANCHO CCAIltl wq;`A Engineering Division Phone. (909)477-2740 FAX (909)477-2741 NOTE: ALLOW 24 HOURS MINIMUM FOR PROCESSING MINOR CLOSURES(LASTING 1 OR 2 DAYS) ALLOW 7 TO 10 DAYS FOR PROCESSING MAJOR CLOSURES(LASTING 3 DAYS OR MORE) Engineering Construction ROW Permit No. (Required) Location: Proposed Start Date: Completion Date: Proposed Working Hours: Work Duration: Description of Work: Company: Phone: Fax: Emergency Phone: Address 1: City: Address 2: State Zip: Contact: Contact Phone: CHECK ALL THAT APPLY: Street Type: 2-Lane Street Multi Lane Raised Median Island Closure Requested: Partial Street Closure Full Closure Intersection Left Turn Lane Right Turn Lane _ Shoulder Adjacent Daytime Lane Closure Only _ Overnight Lane Closure Direction: North South East West Daily Working Hours Requested: Start Time End Time Is this an emergency repair project? Yes No Is this a"City"funded Capital Improvement project? Yes No FOR OFFICIAL USE ONLY: Construction Area Traffic Contro,Plan Required? Yes No Advance Notification Signs Required? Yes _ No Comments/Conditions a Received by Date: Approved by Inspector: Date: Advance Notification Signs Approved: Date. Approved by Traffic_ Date: Rev 4108 Lane Closure Permit App doc &nbsp; Page 330 &nbsP, Page 331 CITY OF RANCHO CUCAMONGA $l DATE: March 3, 2021 TO: Mayor and Members of the City Council FROM: John R. Gillison, City Manager INITIATED BY: William Wittkopf, Public Works Services Director Jeff Benson, Interim Parks and Landscape Superintendent Kenneth Fung, Assistant Engineer SUBJECT: Consideration of a Contract with Conserve Landcare for the "LMD-4R Terra Vista - Water Conservation / Landscape Renovation FY 20-21 Project" in the Amount of$405,660.00. (CITY) RECOMMENDATION: Staff recommends that the City Council approve the plans and specifications, accept the bids received, award and authorize the execution of a contract in the amount of $405,660.00 for the "LMD-4R Terra Vista — Water Conservation / Landscape Renovation FY 20-21 Project" to the lowest responsive bidder which is Conserve Landcare, LLC of Thousand Palms; authorize the expenditure of a contingency in the amount of $41,340.00 and appropriate $47,000.00 into account number 1134303-5650 from the Landscape Maintenance District 4R (LMD-4R) fund balance. BACKGROUND: In FY 13-14, the Architerra Design Group was awarded the contract to develop the original conceptual landscape design and plant pallet to implement future drought tolerant landscape projects for LMD-2 and LMD-4R. With these details, the City was able to install the first phase of drought tolerant pilot projects. These projects included the Base Line Road median from Haven Avenue to Milliken Avenue completed in September 2014, the Terra Vista Parkway median conversion from Hampton Place to Greenwich Place completed in August 2015, the south side segment of Base Line Road between Haven Avenue and Spruce Avenue completed June 2017, and the Civic Center Landscape Renovation completed in August 2017. These projects were the first to implement the drought tolerant landscape and see what would work for the City and the community. With the success of these projects, the Public Works team is ready to start with another series of drought tolerant conversion projects. in FY 18-19, the Architerra Design Group was awarded a new contract to prepare a phasing plan that included complete construction drawings and specifications for LMD-2 and LMD-4R to transform the exiting landscaping to be more drought tolerant. The current project plans and design include an update to the existing landscaping along the south side of Base Line Road from Spruce Avenue to Milliken Avenue, except for the Shell Gas Station frontage which is maintained by the property owner. The existing turf dominate landscaping will be replaced by drought tolerant options such as low water use plant material, cobblestone, and decomposed granite. Likewise, the exiting overhead spray-based irrigation system will be updated with a more efficient Page 332 irrigation system. To ensure the continuity in the neighborhoods' appearance, all the mature and healthy trees within the project scope will be left untouched. This project, along with the LMD-2 Victoria—Water Conservation/Landscape Renovation FY 20- 21 Project, will set in motion a multi-year program of turf renovation scheduled for the next couple of years. ANALYSIS: Eleven (11) bids for this project were opened at 2:00 pm on Tuesday, December 15, 2020, with a summary of the results found in Attachment 1 — Bid Summary. The design group's project estimate was $395,000. The bids came in slightly higher than anticipated, which is why an appropriation is being requested. Staff has completed the required background investigation and finds that the lowest responsive bidder, Conserve Landcare, LLC of Thousand Palms, has met the requirements of the bid documents. The project is anticipated to be completed within ninety (90) working days. Staff is also requesting authorization for an additional expenditure of $41,340.00 as a contingency for any unforeseen discoveries found during construction. FISCAL IMPACT: The Fiscal Year 2020-21 adopted budget for this project is$400,000.00 to be funded from account number 1134303-5650, LMD-4R. An additional $47,000.00 will need to be appropriated from LMD-4R fund balance to award this project and have a contingency. Once this project has been completed, the annual irrigation and landscape maintenance costs for the south side of Base Line Road, within the project limits, will be reduced. COUNCIL MISSION /VISION / GOAL(S) ADDRESSED: This project reflects the City's core values by promoting and enhancing the appearance and high quality of life along the Base Line Road corridor while preserving the affected neighborhoods' family-oriented atmosphere. ATTACHMENTS: Attachment 1 - Bid Summary Attachment 2 - Project Contract Page 2 Page 333 DECEMBER 15,2020 BID OPENING SUMMARY LMD-4R TERRA VISTA-WATER CONSERVATION/LANDSCAPE RENOVATION FY 20-21 PROJECT Southern California Hardy Landscape BASELINE ROAD LANDSCAPING WORK Conserve LandCare Landscape,Inc. cost written Aramexx Group,Inc. Clean Cut Landscape,Inc. Marina Landscape,Inc FS Contactors,Inc. Senhica Construction Mariposa Landscape,Inc. KASA Construciton,Inc. Construction,Inc. Los Angeles Engineering,Inc. Average of item Description City Unit Unit Price Cost Unit Price Cost in bid Unit Price Cost Unit Price Cost Unit Price Cost Unit Price Cost Unit Price Cost Unit Price Cost cost in bid Unit Price Cost Unit Price Cost Unit Price Cost Unit Prices Proposal proposal 1 Remove Existing Irrigation System 41184 IF) SF $0.10 $4,118.40 $0.10 $4,118.40 $1.00 $41,184.00 $0.15 $6,177.60 $0.20 $8,236.80 $0.20 $8,236.80 $0.15 $6,177.60 $0.275 $11,325.60 $0.25 $10,296.00 $0.15 $6,177.60 $0.50 $20,592.00 $0.28 2 Kill and Remove Existing Turf 17781 IF) SF $0.50 $8,890.50 $1.80 $32,005.80 $1.20 $21,337.20 $1.25 $22,226.25 $0.75 $13,335.75 $1.00 $17,781.00 $1.25 $22,226.25 $0.832 $14,793.79 $1.00 $17,781.DO $1.50 $26,671.50 $1.25 $22,226.25 $1.12 3 Remove Existing Vegetation 23403 IF) SF $0.50 $11,701.50 $0.95 $22,232.85 $2.00 $46,806.00 $0.75 $17,552.25 $1.00 $23,403.00 $0.50 $11,701.50 $0.65 $15,211.95 $1.19 $27,849.57 $0.85 $19,892.55 $1.25 $29,253.75 $0.50 $11,701.50 $0.92 4 Remove Existing Concrete Header 50 IF)I LF $10.00 $500.00 $30.00 $1,500.00 $25.00 $1,250.00 $25.00 $1,250.00 $40.00 $2,000.00 $10.00 $500.00 $5.00 $250.00 $36.30 $1,815.00 $21.00 $1,050.00 $5.00 $250.00 $22.00 $1,100.001 $20.85 Fine Grading Only)D.G.,Concret, 5 Cobble Only 14267 IF) SF $1.001 $14,267.00 $0.15 $2,140.05 $0.50 $7,133.50 $1.75 $24,967.251 $2.001 $28,534.00 $1.001 $14,267.001 $1.00 $14,267.00 $2.195 $31,316.07 $41,588.311 $1.00 $14,267.00 $1.00 $14,267.00 $0.75 $10,700.25 $1.12 6 6"Concrete Headers 1241 IF) LF $22.0D $27,302.00 $12.00 $14,892.00 $17.00 $21,D97.00 $15A0 $18,615.00 $15A0 $18,615.00 $35.00 $43,435.00 $30.00 $37,230.00 $9.86 $12,236.26 $30.00 $37,230.DO $12.00 $14,892.00 $26.00 $32,266.00 $20.35 7 Grouted River Cobble 2222 IF) EA $9.DO $19,998.00 $12.00 $26,664.00 $10.DO $22,220.00 $14.DO $31,108.00 $15.DO $33,330.00 $20.00 $44,440.00 $15.00 $33,330.00 $7.60 $16,887.20 $12.00 $26,664A0 $5.00 $11,110.00 $20.00 $44,440.00 $12.69 8 Landscapte Boulder-24" 25 EA $100.D0 $2,500.00 $250.00 $6,250.00 $15D00 $3,750.00 $20D00 $5,D00.00 $105.90 $2,625.00 $400.00 $10,D00.00 $50.00 $1,250.00 $128.55 $3,213.75 $125.00 $3,125.00 $225.00 $5,625.00 $325.00 $8,125.00 $197.14 9 Landscapte Boulder-36" 31 EA $150.DO $4,650.00 $300.00 $9,300.00 $200.90 $6,200.00 $230.90 $7,750.00 $190.90 $5,890.00 $500.00 $15,500.00 $130.00 $4,650.00 $27433 $8,504.23 $210.00 $6,510.00 $250.00 $7,750.00 $375.00 $11,625.00 $259.03 10 Landscapte Boulder-48" 30 EA $25D.00 $7,500.00 $350.00 $10,500.00 $10,850.00 $250.90 $7,500.00 $300.90 $9,D00.00 $380.90 $11,400.00 $600.00 $18,000.00 $330.00 $10,500.00 $682.05 $20,461.50 $350.00 $10,500.00 $3DO.00 $9,000.00 $800.00 $24,000.00 $419.28 11 Landscapte Boulder-60" 14 EA $350.D0 $4,900.00 $550.00 $7,700.00 $35000 $4,900.00 $35000 $4,900.00 $577.90 $8,078.00 $1,000.00 $14,000.00 $600.00 $8,400.00 $976.03 $13,664.42 $640.00 $8,960.00 $325.00 $4,550.00 $1,025.00 $14,350.00 $613.D0 12 24"Box Tree 103 EA $400.DO $41,290.00 $430.00 $44,290.00 $350.90 $36,050.00 $225.90 $23,175.00 $348.90 $35,944.00 $350.00 $36,050.00 $400.00 $41,200.00 $478.90 $49,326.70 $550.00 $56,151 $300.00 $30,900.00 $620.00 $63,860.00 $404.72 13 36"Box Tree 1 EA $900.D0 $900.00 $940.00 $940.00 $700.00 $700.00 $250.00 $250.00 $680.90 $680.00 $800.00 $800.00 $650.00 $650.00 $903.45 $903.45 $1,250.00 $1,250.0] $800.00 $800.00 $1,600.00 $1,600.00 $861.22 14 lGallon Shrub 5888 EA $15.00 $88,320.00 $8.00 $47,104.00 $6.00 $35,328.00 $10.00 $58,880.00 $7.15 $42,099.20 $12.00 $70,656.00 $15.00 $88,320.00 $12.85 $75,660.80 $9.00 $52,992.00 $15.00 $88,320.00 $30.00 $58,880.0' $10.91 15 3Gallon Shrub 52 EA $25.00 $1,300.00 $35.00 $1,820.00 $15.00 $780.00 $12.00 $624.00 $20.00 $1,040.00 $20.00 $1,040.00 $25.00 $1,300.00 $19.71 $1,024.92 $30.00 $1,560.0) $18.00 $936.DO $17.00 $884.00 $21.52 16 5Gallon Shrub 732 EA $25.00 $18,300.00 $22.00 $16,104.00 $20.00 $14,640.00 $32.00 $23,424.00 $14.25 $10,431.00 $25.00 $18,300.00 $30.00 $21,960.00 $20.21 $14,793.72 $17.00 $12,444.0) $25.00 $18,300.DO $22.00 $16,104.00 $22.95 17 3"Bark Mulch 24900 IF) SF $0.50 $12,450.00 $0.60 $14,940.00 $0.50 $12,450.00 $0.35 $8,715.00. $1.30 $32,370.00 $0.70 $17,430.00 $0.55 $13,695.00 $0.77 $19,173.00 $0.60 $14,940.0) $0.80 $19,920.DO $1.00 $24,900.00 $0.70 18 3"Stabilized Decomposed Granite 12045 IF) SF $2.50 $30,112.50 $1.45 $17,465.25 $3.50 $42,157.50 $1.65 $19,874.25 $1.65 $19,874.25 $2.00 $24,090.00 $2.20 $26,499.00 $1.99 $23,969.55 $2.75 $33,123.75 $2.25 $27,101.25 $1.50 $19,067.50 $2.13 19 Retrofit Automatic Irrigation System 26940 IF) SF $2.50 $67,350.00 $1.80 $48,492.00 $2.00 $53,980.00 $2.41 $64,925.40 $3.25 $87,555.00 $2.50 $67,350.00 $4.70 $126,618.00 $3.47 $93,481.80 $3.50 $91 $7.95 $214,173.00 $4.00 $107,760.00 $3.46 20 Irrigation Smart Controller 3 EA $5,000.00 $15,000.00 $9,400.00 $28,2DO.00 $10,OOD.00 $30,000.00 $12,123.00 $36,369.00 $12,650.00 $37,950.00 $10,000.00 $30,000.00 $7,000.00 $21,000.00 $10,513.43 $31,540.29 $14,000.00 $42,000.DO $6,000.00 $18,000.00 $12,000.00 $36,000.00 $9,880.58 21 1"Remote Control Valve in Valve Box 2 EA $500.DOI $1,000.00 $1,200.10DI $2,400.00 $50D.001 $1,D00.00 $1,750.001 $3,500.001 $405.00 $810.00 $400.00 $900.001 $350.001 $700.00 $195.651 $391.30 $450.001 $900.00 $00.001 $800.00 $300.00 $600.00 $586.42 22 2"Remote Control Valve in Valve Box 11 EA $700.00 $7,700.00 $1,400.00 $15,4DO.00 $600.00 $6,600.00 $2,000.00 $22,D00.00 $716.00 $7,976.00 $500.00 $5,500.00 $450.00 $4,950.00 $532.96 $5,862.561 $550.00 $6,050.00 $5D0.00 $5,500.00 $450.00 $4,950.00 $763.54 23 90 Day Maintenance Period 26940 IF) SF $0.10 $2,694.00 $0.20 $5,398.00 $0.20 $5,388.00 $0.50 $13,470.00 $0.20 $5,388.00 $0.30 $8,082.00 $0.15 $4,041.00 $0.205 $5,522.70 $0.25 $6,735.00 $0.40 $10,776.00 $0.25 $6,735.00 $0.25 24 SWPPP 1 LS $500.00 $500.00 $1,800.00 $1,8DO.00 $3,000.00 $3,000.00 $1,500.00 $1,500.00 $5,000.00 $5,000.00 $3,000.00 $3,000.00 $1,500.00 $1,500.00 $6,939.40 $6,939.40 $10,000.00 $10,000A0 $6,000.00 $6,000.00 $5,000.00 $5,D00.00 $4,021.76 25 Mobilization 1 IS $2,000.D0 $2,000.00 $11,400.00 $11,400.00 $8,000.00 $8,D00.00 $25,000.00 $25,D00.00 $47,00ODO $47,000.00 $20,000.00 $20,D00.00 $10,500.00 $10,500.00 $17,036.30 $17,036.30 $33,500.00 $33,500A0 $5,000.00 $5,000.00 $300,000.00 $100,000.00 $25,403.30 26 Traffic Control 1 LS $10,000.D0 $10,000.00 $12,000.00 $12,000.00 $12,000.90 $12,000.00 $12,000.90 $12,000.00 $15,000.90 $15,D00.00 $5,000.00 $5,000.00 $5,000.00 $5,000.00 $13,130.73 $13,150.73 $10,000.00 $10,000A0 $9,300.00 $8,500.00 $10,000.00 $10,000.00 $30,240.98 Phato/Video Record of Project Site Before Start of Work per Demolition 27 Note 3 of Project Plans 1 LS $500.00 $500.001 1 $800.00 $800.001 1 $100.001 $100.001 $1,500.001 $1,500.001 $1,000.001 $1,D00.00 $2,000.001 $2,000.00 $500.001 $500.00 $551.03 $551.03 $500.00 $500.00 $1,000.00 $1,000.00 $500.00 $500.00 $813.73 TOTAL= $405,653.90 $405,946.35 $406,646.35 $445,451.20 $463,753.00 $505,365.00 $507,959.30 $521,925.80 $521,395.64 $531,667.98 $533,210.30 $585,573.10 $656,966.50 IF)means that bid quantities are"Final".Aka contractor cannot later say that the actual installed quantity is higher or lower than that listed on the bid proposal. Page 334 ATTACHMENT CITY OF RANCHO CUCAMONGA PUBLIC WORKS SERVICES DEPARTMENT CONTRACT LMD-4R TERRA VISTA - WATER CONSERVATION / LANDSCAPE RENOVATION FY 20-21 PROJEC T AWARD DATE: Wednesday,March 3,2021 ATTACHMENT 2 &nbsp; &nbsp; Page 335 CITY OF RANCHO CUCAMONGA PUBLIC WORKS SERVICES DEPARTMENT i RANCHO NOTICE INVITING BIDS FOR PROPOSAL, CUCAMONGA CONTRACT AND SPECIFICATIONS FOR LMD-4R TERRA VISTA - WATER CONSERVATION / LANDSCAPE RENOVATION FY 20/21 PROJECT PREPARED BY: CITY OF RANCHO CUCAMONGA 10500 CIVIC CENTER DRIVE RANCHO gL14MONGA,CALIFOR IA 91730 09)477-2740 WILLIAM KO PUBLIC WORKS SERVICES RECTOR &nbsp; &nbsp; Page 336 TABLE OF CONTENTS NoticeInviting Bids . .......................................................... ..................... ........____...N-1 thru 4 Instructions to Bidders ............ ........ .............................. k-I thru 7 A Proposals B. Delivery of Proposals C. Withdrawal of Proposals 0, Disqualification of Bidders and Proposals E_ Signature of Contraclor F Bid Bond G. Addendum H. Examination of Plans, Specifications, and Site ❑t Work 1, Estimated Quantities J. Competency of bidder K. Award and Execution of Conlract L. Return of Proposal Guarantee M. City Business License N. Equivalent Materials 0. Pre-Bid Meeting Bid Documents to Submlt for Proposals Proposal ............................................................................................ .............................P-1 thru 13 Schedule of Unit Cost and Lump Sum Amounts Bidder Agreement Bidder Information Subcontractors Declaration of Eligibility to Contract Certificate of NonDiscrimination by Contractors NonCollusion Alfidavil Bid Bonds Contract Agreement .................................... ........ .........................................C-1 thru 6 Faithful Performance Bond,...... ....................................... .................____..............13�1 Labor and Materials Bond ..............................................................................................B-2 thru 3 Compensation lnsurance Certificate..,__.,.....................___............................................_INS-1 Maintenance Guarantee Bond................. .......................................................... ......_MB.I &nbsp; &nbsp; Page 337 Table of Contents SPECIAL PROVISIONS SPECIFICATIONS - Governed by "Green Book" Standard Specifications AMENDMENTS to "Green Book" Stan4Iard Specifications PART I - GENERAL PROVISIONS Section I -Terms, Definitions, Abbreviations, Units of Measure and Symbol............................GP-I Section 2 -Scope and Control of the Work....,,.,,.,__........................ GP-2 Ihru 4 Section 3-Changes in Work......­......1.1...­'. ......... ................_­............__..................­GP_5 Section 4 - Control of Materials ...... ......................GP-6 thru 7 Section 5- Utilities .......................... ............ ................GP-8 Seclion 6- Prosecution,Progress and Acceptance of the Work....................................GIP-9 thru 10 Section 7 - Responsibilities of the Contractor,,.............­­­­...................____.......GP-1 1 thru 20 Section 8- Facilities lor Agency Personnel..............................­­­............................ ............GP-21 Section 9- Measurement and Payment..... ......................... ....................__GP.22 PART 2-CONSTRUCTION MATERIALS Section 200-Rock Materials 200-I Rock Products.............. .......... .......... ..................._-__.... .............................. MA.1 200-2 Untreated Base Materials................................. ...................... ............- MAA thru 2 Section 201-Concrete, Morfar and Related Materials 201-1 Poriland Cement Concrete ........... . ......................................................._MA-3 PART 3-CONSTRUCTION METHODS Section 300-Removals and Earthwork 300-1 Removals ........................... ............................___.......................ME-1 300-2 Unclassified Excavation.,..................................................................... ME-1 300-4 Unclassified Fill---_.-.............I--1.1 1.1...1.1-I...................­­­­...................... ME-1 Section 301 -Subgrade Preparation, Treater!Materials, and Placement of Base Materials 301.1 Subgrade Preparation.......................................... .................................... ME-2 Section 303-0DncjVf0 and Masonry Construction 303-1 Concrete Structures.......... ........ ................____.....................__ ME-3 303-5 Concrete Headers, Curbs, Walks, Gutters, Cross Gutters, Alley Intersections, Access Rampsand Driveways.._._ ............................................................................. ME-4 Section 306-Open Trench Conduit Construction 306-3 Trench Excavation.................................................................................................ME-5 3C6-6 Bedding............................................................................................. .........ME-5 thru 6 PART 8-LANDSCAPING AND IRRIGATION Section 800-Materials 800.1 Landscaping Materials.. ................................................. ....................... LA .1 thru 4 800-2 Irrigation System Materials ......................... ................................................ LA .4 thru 6 800-3 Electrical Materials......•.................................................................... __- LA 6 thru 7 &nbsp; &nbsp; Page 338 Table ufContents Swmliow 801 ' Installation 801'1 Gemenu — .... .................................................................................-----.........tA '& 801'2 Ea nhvmxh and Topsoil Placement. ........ .................................................. LA-8thru8 801'3 Header|nmNu|atio»................................................... .................. ---^~ ........ LA-9 801'4 -------- ..................... --. UA'98/mm12 801'5 Irrigation System Installation............................. --- ...........,. ............LA '12Nhru16 801'6 Maintenance and Plant Entat)fishmenl-- ... ---...................... ....... LA -1S0xn/ 17 801'9 @uansntee--...................................... ........ ------'—..—............. ......... LA47 801'10 Charts, Wnuals and Drawings.......................... ^^.--- ........---........-----LA ^17 80141 ..............— ......... ---...........................LA '18thro19 Table of Contents APPENDICES 1. City Working Days Calendar 2. Sample of Previously Approved Certificates of Insurance 3. City Permits a. Application for Construction Permit b. Temporary Street and Lane Closure Permit Note: City Permits may be obtained on-line via the City's website, www.cityofrc.us or in person at City Hall (10500 Civic Center drive, Rancho Cucamonga, CA 91730). &nbsp; &nbsp; Page 340 NOTICE INVITING SEALED BIDS FOR PROPOSALSFOR LMD-4R TERRA VISTA-WATER CONSERVATION/LANDSCAPE RENOVATION FY 20/21 PROJECT NOTICE IS HEREBY GIVEN that the City of Rancho Cucamonga will receive at the Office of the City Clerk in the offices of the City of Rancho Cucamonga, on or before the hour of 2:00 p.m. on Tuesday, Decemberl5, 2020, sealed bids or proposals for the "LMD-4R TERRA VISTA - WATER CONSERVATION/LANDSCAPE RENOVATION FY 20/21 PROJECT" in said City.The scope of work to be performed consists of, but not limited to, removal and replacement of existing trees, landscaping, hardscape. irrigation systems, etc. The contract documents call for 90 working days to complete this construction. Engineer's Estimate is$550,000. A mandatory pre-bid meeting and site tour will be held on Tuesday, November 17, 2020, beginning at 10:00 am. The pre-bid meeting location is at South East corner of Kenyon Way and Lark Drive in the City of Rancho Cucamonga, CA 91730. Refer to item "0. Pre-Bid Meeting" of the "instructions to Bidders" section of the bid documents for the appropriate directions. Attendees are required to sign in at the Pre- Bid meeting. Bids from companies that did not have a representative sign in at the Pre-Bid Meeting will be rejected. Bids will be publicly opened and read in the City Council Chambers, 10500 Civic Center Drive, Rancho Cucamonga,California 91730. Bids must be made on a form provided for the purpose,addressed to the City of Rancho Cucamonga,California, marked, "Sealed Bid for Construction of LMD-4R TERRA VISTA-WATER CONSERVATION/LANDSCAPE RENOVATION FY 20/21 PROJECT." PREVAILING WAGE: Notice is hereby given that in accordance with the provisions of California Labor Code, Division 2, Part 7, Chapter 1, Articles 1 and 2, the Contractor is required to pay not less than the general prevailing rate of per diem wages for work of a similar character in the locality in which the public work is performed, and not less than the general prevailing rate of per diem wages for holiday and overtime work. In that regard,the Director of the Department of Industrial Relations of the State of California is required to and has determined such general prevailing rates of per diem wages. As such, a copy of prevailing wage rates may be found at https://www.dir.ca.gov/Publie-Works/Prevailin.q-Wa.ge.html. The Contracting Agency also shall cause a copy of such determinations to be posted at the job site. No contractor or subcontractor may be listed on a bid proposal for a public works project unless registered with the Department of Industrial Relations pursuant to Labor Code section 1725.5 (with limited exceptions from this requirement for bid purposes only under Labor Code section 1771.1(a)). No contractor or subcontractor may be awarded a contract for public work on a public works project unless registered with the Department of Industrial Relations pursuant to Labor Code section 1725.5. This project is subject to compliance monitoring and enforcement by the Department of Industrial Relations. For all projects, the contractors and subcontractors must furnish electronic certified payroll records to the Labor Commissioner. Pursuant to provisions of Labor Code Section 1775, the Contractor shall forfeit,as penalty to the City of Rancho Cucamonga, not more than two hundred dollars ($200.00) for each laborer, workman, or mechanic employed N-1 &nbsp; &nbsp; Page 341 for each calendar day or portion thereof, if such laborer, workman or mechanic is paid less than the general prevailing rate of wages herein before stipulated for any work done under the attached contract, by him or by any subcontractor under him, in violation of the provisions of said Labor Code. Attention is directed to the provisions in Sections 1777.5 and 1777.6 of the Labor Code concerning the employment of apprentices by the Contractor or any subcontractor under him. Section 1777.5, as amended, requires the Contractor or subcontractor employing tradesmen in any apprenticable occupation to apply to the joint apprenticeship committee nearest the site of the public works project and which administers the apprenticeship program in that trade for a certificate of approval. The certificate will also fix the ratio of apprentices to journeymen that will be used in the performance of the contract. The ratio of apprentices to journeymen in such cases shall not be less than one to five except: A. When unemployment in the area of coverage by the joint apprenticeship committee has exceeded an average of 15 percent in the 90 days prior to the request of certificate, or B. When the number of apprentices in training in the area exceeds a ratio of one to five, or C. When the trade can show that it is replacing at least 1/30 of its membership through apprenticeship training on an annual basis statewide or locally,or D. When the Contractor provides evidence that he employs registered apprentices on all of his contracts on an annual average of not less than one apprentice to eight journeymen, The Contractor is required to make contributions to funds established for the administration of apprenticeship programs if he employs registered apprentices or journeymen in any apprenticable trade on such contracts and if other Contractors on the public works site are making such contributions. The Contractor and subcontractor under him shall comply with the requirements of Sections 1777.5 and 1777.6 in the employment of apprentices. Information relative to apprenticeship standards,wage schedules,and other requirements may be obtained from the Director of Industrial Relations, the Administrator of Apprenticeship, San Francisco, California, or from the Division of Apprenticeship Standards and its branch offices. Eight (8) hours of labor shall constitute a legal day's work for all workmen employed in the execution of this contract and the Contractor and any subcontractor under him shall comply with and be governed by the laws of the State of California having to do with working hours as set forth in Division 2, Part 7, Chapter 1, Article 3 of the Labor Code of the State of California as amended. The Contractor or Subcontractor shall forfeit, as a penalty to the City of Rancho Cucamonga,twenty-five dollars ($25.00)for each worker employed in the execution of the contract by the respective contractor or subcontractor for each calendar day during which the worker is required or permitted to work more than 8 hours in any one calendar day and 40 hours in any one calendar week in violation of the provisions of this article. Contractor agrees to pay travel and subsistence pay to each workman needed to execute the work required by this contract as such travel and subsistence payments are defined in the applicable collective bargaining agreement filed in accordance with Labor Code Section 1773.1. The bidder must submit with his proposal, cash, cashier's check, certified check, or bidder's bond, payable to the City of Rancho Cucamonga for an amount equal to at least 10% of the amount of said bid as a guarantee that the bidder will enter into the proposed contract if the same is awarded to him,and in event of failure to enter into such contract said cash, cashiers' check, certified check, or bond shall become the property of the City of Rancho Cucamonga. N-2 &nbsp; &nbsp; Page 342 If the City of Rancho Cucamonga awards the contract to the next lowest bidder,the amount of the lowest bidder's security shall be applied by the City of Rancho Cucamonga to the difference between the low bid and the second lowest bid, and the surplus, if any shall be returned to the lowest bidder. The amount of the bond to be given to secure a faithful performance of the contract for said work shall be 100% of the contract price thereof, and an additional bond in an amount equal to 100%of the contract price for said work shall be given to secure the payment of claims for any materials or supplies furnished for the performance of the work contracted to be done by the Contractor, or any work or labor of any kind done thereon, and the Contractor will also be required to furnish a certificate that he carries compensation insurance covering his employees upon work to be done under contract which may be entered into between him and the said City of Rancho Cucamonga for the construction of said work. Contractor shall possess any and all contractor licenses, in form and class as required by any and all applicable laws with respect to any and all of the work to be performed under this contract; including, but not limited to, a Class "C-27" License (Landscaping Contractor) in accordance with the provisions of the Contractor's License Law (California Business and Professions Code, Section 7000 et. seq.) and rules and regulation adopted pursuant thereto. The Contractor,pursuant to the"California Business and Professions Code," Section 7028.15, shall indicate his or her State License Number on the bid, together with the expiration date, and be signed by the Contractor declaring, under penalty of perjury,that the information being provided is true and correct. The work is to be done in accordance with the profiles, plans, and specifications of the City of Rancho Cucamonga on file in the Office of the City Clerk at 10500 Civic Center Drive, Rancho Cucamonga, California. In an effort to go green and paperless,digital copies of the plans,specifications,and bid proposal, including any future addenda or revisions to the bid documents, are available by going to www.ciplist.com and signing up, by going to Member Login or Member Signup(it's free),then choose California,then scroll down to San Bernardino County and click on Browse Cities,then scroll down to Rancho Cucamonga and click on City Projects,then click on the Project of interest under the Title and follow directions for download. Note, copies of the plans, specifications, bid proposal, addendums and revisions will not be provided, digital copies must be downloaded from the above website then printed. Prospective bidders must register for an account on www.ciplist_com to be included on the prospective bidder's list(s)and to receive email updates of any addenda or revisions to the bid documents. Be advised that the information contained on this site may change over time and without notice to prospective bidders or registered users. While effort is made to keep information current and accurate and to notify registered prospective bidders of any changes to the bid documents, it is the responsibility of each prospective bidder to register with www.ciplist.com and to check this website on a DAILY basis through the close of bids for any applicable addenda or updates. No proposal will be considered from a Contractor to whom a proposal form has not been issued by the City of Rancho Cucamonga to registered prospective bidders from www.ciplist.com. The successful bidder will be required to enter into a contract satisfactory to the City of Rancho Cucamonga. In accordance with the requirements of Section 9-3.2 of the General Provisions, as set forth in the Plans and Specifications regarding the work contracted to be done by the Contractor, the Contractor may, upon the Contractor's request and at the Contractor's sole cost and expense, substitute authorized securities in lieu of monies withheld (performance retention). The City of Rancho Cucamonga, reserves the right to reject any or all bids. N-3 &nbsp; &nbsp; Page 343 All questions regarding this Notice Inviting Sealed Bids for "LMD-4R TERRA VISTA - WATER CONSERVATION / LANDSCAPE RENOVATION FY 20/21 PROJECT" must be in writing (e-mail is preferred) and received by the City no later than 5:00 pm on Tuesday, November 24, 2020. The City is not responsible for guestions/e-mails undeliverable. Ouestions/e-mails shall be directed to: Dean Rodia and Kenneth Fung Parks and Landscape Superintendent Assistant Engineer 8794 Lion Street 8794 Lion Street Rancho Cucamonga, CA 91730 Rancho Cucamonga, CA 91730 (909) 477-2740, ext.4137 (909)477-2740, ext.4139 E-mail address: dean.rodia@cityofrc.us e-mail address: kenneth.funp@cityofrc.us All questions regarding this project ADVERTISE ON: Tuesday, November 3, 2020 and Tuesday, November 10,2020 N-4 &nbsp; &nbsp; Page 344 INSTRUCTIONS TO BIDDERS A. PROPOSALS Proposals under these specifications shall be submitted on the blank forms furnished herewith, When presented, all forms must be completely made out in the manner and form indicated and must also meet the following requirements: 1. The bidder shall set forth for each item of work, in clearly legible figures, an item price and a total for the item in the respective spaces provided for this purpose. In the case of unit basis items, the amount set forth under the "Total" column shall be the product of the unit price multiplied by the estimated quantity for the item. In case of discrepancy between the unit price and the total set forth for the item,the unit price shall prevail, except however, that if the amount set forth as a unit price is ambiguous, unintelligible or uncertain for any cause, or if it is omitted, or in the case of unit basis items, is the same amount as the entry in the"Total"columns, or in the case of lump sum items, is not the same amount as the entry in the "Total" column, then the amount set forth in the "Total" column for the item shall prevail in accordance with the following: (1) As to lump sum items,the amount set forth in the"Total"column shall be the unit price. (2) As to unit basis items, the amount set forth in the "Total" column shall be divided by the estimated quantity for the item and the price thus obtained shall be the unit price. The bidder shall also set forth in both words and clearly legible figures the"Total Bid Amount" in the spaces provided at the bottom of the Bid Schedule. Bidder shall place a"Post It" note(1.5" X 2" minimum size)at the upper right corner of sheet P-5 of the Bid Proposal to help the representative from the City Clerk's office find the Total Bid Amount. 2. The proposal must be properly signed by the bidder, whose address, telephone number, and California Contractor's license number must be shown. 3. The Contractor shall perform with his own organization and with workmen under his immediate supervision, work of a value not less than 50%of the total value of all work embraced in the contract. Where an entire item is subcontracted,the value of work subcontracted will be based on the Contract Unit Price. When a portion of an item is subcontracted, the value of work subcontracted will be based on the estimated percentage of the Contract Unit Price. This will be determined from information submitted by the Contractor, and subject to approval by the Engineer. With the proposal,the Contractor shall list(a)the name,address,and the California Contractor License Number of each subcontractor who will perform work included in the contract, and (b) the portion of work which will be done by each subcontractor. All subcontractors performing work in excess of 112% of the total value of the contract or, in the case of bids or offers for the construction of streets or highways, including bridges, in excess of 1/2% of the total value of the contract or ten thousand dollars ($10,000.00) whichever is greater, shall be listed, The successful bidder shall be prohibited from performing work on this project with a subcontractor who is ineligible to perform work on the project pursuant to Section 1777.1 or 1777.7 of the Labor Code. I-1 &nbsp; &nbsp; Page 345 4. Bid must be accompanied by cash, cashier's check, certified check, or surety bond in an amount not less than(10%)of the total amount of bid. Checks and bond shall be made payable to the City of Rancho Cucamonga. 5. The correction of any discrepancies in or omission from the drawings, specifications or other contract documents or any interpretation thereof during the bidding period will be made only by written addendum. See Item G, Addendum,for further information and instructions. 6. Bids shall not contain any recapitulation,inserted by the Bidder,of work to be done. Alternative proposals will not be considered unless specifically requested. No oral or telephone modifications will be considered. 7. ........... Each bid shall be valid for no less than 00 days after the opening of the proposals. 8. No mention shall be made in the proposal of Sales Tax, Use Tax, or any other tax, as all amounts bid will be deemed and held to include any such taxes which may be applicable. B. DELIVERY OF PROPOSAL Proposals shall be enclosed in a sealed envelope plainly marked on the outside, "SEALED BID FOR LMD-4R TERRA VISTA - WATER CONSERVATION / LANDSCAPE RENOVATION FY 20/21 PROJECT IN THE CITY OF RANCHO CUCAMONGA." Proposals may be mailed or delivered by messenger. However, it is the bidder's responsibility alone to ensure delivery of the proposal to the City Clerk prior to the bid opening hour stipulated in the Notice Inviting Bids. Late proposals will not be considered. C. WITHDRAWAL OF PROPOSALS A proposal may be withdrawn by a written request signed by the bidder. Such request must be delivered to the City Clerk prior to the bid opening hour stipulated in the Notice Inviting Bids. Proposals may not be withdrawn after said hour without forfeiture of the proposal guarantee. The withdrawal of the proposal will not prejudice the right of the bidder to submit a new proposal, providing there is time to do so. D. DISQUALIFICATION OF BIDDERS AND PROPOSALS The bidder's attention is directed to the"California Business and Professions Code,"Section 7028.15, which requires the Contractor to indicate his or her State License Number on the bid, together with the expiration date, and be signed by the Contractor declaring, under penalty of perjury, that the information being provided is true and correct. "Any bid not containing this information, or a bid containing information which is subsequently proven false,shall be considered non-responsive and shall be rejected by the public agency,' More than one proposal for the same work from any individual, firm partnership, corporation, or association under the same or different names will not be accepted; and reasonable grounds for believing that any bidder is interested in more than one proposal for the work will be cause for rejecting all proposals in which such bidder is interested. Proposals in which the prices are obviously unbalanced,and those which are incomplete or show any alteration of form or contain any additions or conditional or alternate bids that are not called for or 1-2 &nbsp; &nbsp; Page 346 otherwise permitted, may be rejected. A proposal on which the signature of the bidder has been omitted will be rejected. E. SIGNATURE OF CONTRACTOR Cor oration The signature must contain the name of the corporation, must be signed by the President and Secretary or Assistant Secretary,and the corporate seal must be affixed. Other persons may sign for the corporation in lieu of the above if a Certified copy of a resolution of the corporate board of directors so authorizing them to do so, is on file in the City Clerk's office. Partnership The names of all persons comprising the partnership or copartnership must be stated. The bid must be signed by all partners comprising the partnership unless proof in the form of a certified copy of a certificate of partnership acknowledging the signer to be a general partner authorized to sign the contract on behalf of the partnership is presented to the City Clerk, in which case the general partner may sign. Joint Venture Bids submitted as a joint venture must so state and be signed by each joint venture. Individual Bids submitted by an individual must be signed by the bidder,unless a general power of attorney, not more than 60 days old, is on file in the City Clerk's office, in which case the attorney in fact may sign for the individual. The above rules also apply in the case of the use of a fictitious business name. In addition, where a fictitious name is used, it must be so indicated in the signature. F. BID BOND Bid must be accompanied by cash,cashier's check, certified check, or surety bond in an amount not less than 10% of the total amount of bid. Checks and bond shall be made payable to the City of Rancho Cucamonga. G. ADDENDUM The correction of any discrepancies in or omission from the drawings, specifications or other contract documents or any interpretation thereof during the bidding period will be made only by written addendum. A copy of each such addendum will be posted on the internet,and it shall be the bidder's responsibility to download and print each and every posted addendum and a signed copy of the addendum shall be returned to the City prior to bid opening or attached to the bid documents. Failure to do so may result in bid rejection. Said addendum shall be made part of the contract. Any other interpretation or explanation of such documents will not be considered binding. The addendum can be found by going to www.ciplist.com, Member Login, then choose California, then scroll down to San Bernardino County and click on Browse Cities, then scroll down to Rancho 1-3 &nbsp; &nbsp; Page 347 Cucamonga and click on City Projects, then click on the project of interest under the title and follow directions for download, H. EXAMINATION OF PLANS, SPECIFICATIONS,AND SITE OF WORK The plans and specifications to which the proposal forms refer are on file and open to inspection in the office of the City Engineer. Bidders must satisfy themselves by personal examination of the work site, plans, specifications, and other contract documents, and by any other means as they may believe necessary, as to the actual physical conditions, requirements and difficulties under which the work must be performed. No bidder shall at any time after submission of a proposal make any claim or assertion that there was any misunderstanding or lack of information regarding the nature of amount of work necessary for the satisfactory completion of the job. Any errors, omissions, or discrepancies found in the plans, specifications, or other contract documents shall be called to the attention of the Resident Engineer and clarified prior to the submission of proposals. I. ESTIMATED QUANTITIES The quantities given in the proposal and contract form are approximate, being given as a basis for the comparison of bids only, and the City does not, expressly or by implication, agree that the actual amount of work will correspond therewith, but reserves the right to increase or decrease the amount of any class or portion of the work, or to omit any portion of the work,as may be deemed advisable or necessary by the Engineer. However, when the quantity shown in the Proposal has the designation (F) following the Bid Item in the Schedule of Unit Cost and Lump Sum amounts, that designation indicates the final pay quantity and/or costs and shall be the final quantity used for which payment will be made, unless the dimensions of the portion of the work shown on the plans are revised by the Engineer, or unless the portion of the work is eliminated. If the dimensions of the specific portion of the work are revised, and the revisions result in an increase or decrease in the estimated quantity of the portion of the work,the final quantity for payment will be revised in the amount represented by the changes in the dimensions. If the specific portion of the work is eliminated, then the final pay quantity designated for the specific portion of the work will be eliminated. The estimated quantity of each specific portion of the work designated on the plans as a final pay quantity shall be considered as approximate only and no guarantee is made that the quantities which can be determined by computations, based on the details and dimensions shown on the plans, will equal the estimated quantities. No allowance will be made in the event that the quantities based on computations do not equal the estimated quantities. When portions of an item have been designated on the plan as final pay quantities, portions not so designated will be measured and paid for in accordance with the applicable provisions of these specifications and the special provisions. In case of a discrepancy between the quantities shown on the plan as final pay quantities and the quantity of the same item shown in the Engineer's Estimate, payment will be based on the final pay quantities shown on the plans. 1.4 &nbsp; &nbsp; Page 348 J. COMPETENCY OF BIDDER The bidder shall be licensed under the provisions of Chapter 9, Division 3, of the Business and Professions Code of the State of California to do the type of work contemplated in the contract and shall be skilled and regularly engaged in the general class or type of work called for under this contract. To assist in the determination of competency, the Contractor shall complete the attached "Bidder Information"form. K. AWARD AND EXECUTION OF CONTRACT Acceptance or Resection The City of Rancho Cucamonga, reserves the right to reject any or all bids. Award of Contract The lowest responsive bidder will be calculated per Section 20103.8 (a) of the Public Contract Code as the lowest bid price on the base contract without consideration of additive (or deductive) items. The award of a contract, if it be awarded, will be to the above lowest responsive bidder. No proposal will be considered from a Contractor to whom a proposal form has not been issued by the City of Rancho Cucamonga to registered prospective bidders from www.ciplist.com. The award, if made, will be made as expeditiously as possible after the opening of the proposals and in recognition of Section A.7. above. In no case will an award be made until all necessary investigations are made into the responsibility of the bidder to whom it is proposed to award the contract. Contractor shall possess any and all contractor licenses, in form and class as required by any and all applicable laws with respect to any and all of the work to be performed under this contract; including, but not limited to, a Class"C-27" License(Landscaping Contractor) in accordance with the provisions of the Contractor's License Law (California Business and Professions Code, Section 7000, et. seq.) and rules and regulations adopted pursuant thereto at the time this contract is awarded. Bonds The Contractor shall furnish a good and sufficient surety bond issued by a surety company authorized to do business in the State of California in the sum equal to 100%of the total bid, conditioned for the Faithful Performance by the Contractor of all covenants,stipulations any agreements contained in said contract; an addition, the Contractor shall furnish a Labor and Materials Bond and a sum equal to 100%of the contract price, as required by the provisions of Section 9554 of the California Civil Code. Workers' Compensation Before commencing any work under the contract, the successful bidder must file with the Engineer a certificate by an insurance carrier authorized under the laws of the State to insure employers against liability for compensation under the "Worker's Compensation Insurance and Safety Act,' stating that such bidder has taken out for the term for which the contract is to run, compensation insurance covering his full liability work or labor necessary to carry out the provisions of this contract, and an 1-5 &nbsp; &nbsp; Page 349 agreement to immediately notify said Engineer if said policy should lapse or be canceled. In the event that such policy should become inoperative at any time before the completion of the work, all work shall cease immediately until a new policy is obtained and any time so lost shall not entitle Contractor to any extension of time. Execution of Contract The Contract shall be signed by the successful bidder and returned together with the other required documents, within fifteen (15) days after the bidder has received notice that the contract has been awarded, unless extended by said City Council in writing. No proposal shall be considered binding upon the City until the execution of the contract. Failure to execute a contract and file acceptable documents as provided herein within fifteen (15)days from receipt of notice of award shall be just cause for the annulment of the award. In the event of failure to enter into such contract, the lowest bidder's security (cash, cashier's check, certified check, or bond) shall become the property of the City of Rancho Cucamonga. If the City of Rancho Cucamonga awards the contract to the next lowest bidder, the amount of the lowest bidder's security shall be applied by the City of Rancho Cucamonga to the difference between the low bid and the second lowest bid,and the surplus, if any shall be returned to the lowest bidder. Liquidated Damacles and Working Days Attention is directed to the provisions of Section 6-9 of the Specifications. The Contractor shall pay to the City of Rancho Cucamonga the sum of $1,500.00 per day for each and every calendar day's delay in finishing the work in excess of 90 working days. L. RETURN OF PROPOSAL GUARANTEE The cash, check or bond of a bidder to whom the contract has been awarded will be returned to him after all of the acts,for the performance of which said security is required, have been fully performed. The cash,checks or bonds of the remaining qualified bidders will be returned when the bidder to whom the contract has been awarded has properly executed and returned all of the required Contract Documents. Cash, checks or bid bonds of other bidders will be returned when their proposals are rejected or in any event at the expiration of 90 days from the date of award of contract. M. CITY BUSINESS LICENSE Municipal Ordinances requires the issuance of a City Business License as a condition precedent to being engaged as a Contractor within the City. N. EQUIVALENT MATERIALS Attention is directed to the provisions of Section 4-1.6 of the Standard Specifications for Public Works Construction. 1.6 &nbsp; &nbsp; Page 350 O. PRE-BID MEETING A mandatory pre-bid meeting is scheduled on Tuesday, November 17, 2020, beginning at 10:00 am at the South East Corner(SEC)of Kenyon Way and Lark Drive in the City of Rancho Cucamonga,CA 91730. Approximate Directions: Exit the 210 Freeway at Milliken Avenue Proceed south on Milliken Avenue The first street south of the 210 Freeway is Kenyon Way Turn east onto Kenyon Way Proceed on Kenyon Way for approximately ''/z mile to Lark Drive Note: Initially, Kenyon Way travels eastward but then curves southward (Lark Drive is at the end of the southward curve) Park on either Kenyon Way or Lark Drive (where legal) Proceed to the south east corner of Kenyon Way and Lark Drive Complete the"Sign In" sheet The pre-bid meeting and site inspection will be held on-site For those interested in bidding the "LMD-4R Terra Vista — Water Conservation / Landscape Renovation FY 20/21 Project" and want to perform a site inspection of that project site, proceed as follows: After the end of this pre-bid meeting, head north then west on Kenyon Way Turn south at Milliken Avenue Proceed approximately 1 mile to Base Line Road Turn west on Base Line Road The LMD-4R Terra Vista—Water Conservation/Landscape Renovation FY 20/21 Project" is located on the south side of Base Line Road from Milliken Avenue to Spruce Avenue Unfortunately, it is not legal to park vehicles on either Base Line Road or Milliken Avenue Interested parties must park either at Central Park (located on the north side of Base Line Road) or along Spruce Avenue then walk to the project site. Attendees are required to sign in on the "Sign In" sheet. Bids from companies that did not have a representative sign in at the pre-bid meeting will be rejected. I-7 &nbsp; &nbsp; Page 351 BID DOCUMENTS TO SUBMIT FOR PROPOSAL Only the following listed documents, identified in the lower right corner as"Bid Forms" shall be fully executed and submitted with the Bid at the time of opening of Bids. € Schedule of Unit Cost and lump Sum Amounts € Bidder Agreement € Bidder Information € Subcontractor € Declaration of Eligibility to Contract Certificate of Non-Discrimination by Contractors € Non-Collusion Declaration € Bid Bond Failure of a Bidder to fully execute and submit all of the listed documents with the Bid will render a Bid as non-responsive and subject to rejection. Conserve LandCare Bidder P-1 of 13 LMD-4R TERRA VISTA — WATER CONSERVATION ! LANDSCAPE RENOVATION FY 20.21 PROJECT Required Bid Proposal Forms &nbsp; &nbsp; Page 352 PROPOSAL SCHEDULE OF COST AND LUMP SUM AMOUNTS "LMD-411 TERRA VISTA-WATER CONSERVATION 1 LANDSCAPE RENOVATION FY 20/21 PROJECT" TO THE CITY OF RANCHO CUCAMONGA: The undersigned bidder declares that he has carefully examined the location of the proposed work, that he has examined the Plans, Special Provisions and Specifications, and read the accompanying Instruction to Bidders, and hereby proposes and agrees, if this proposal is accepted, to furnish all material and do all the work required to complete the said work in accordance with the Plans,Special Provisions and Specifications,in the time and manner therein prescribed for the unit cost and lump sum amounts set forth in the schedule on the following Proposal. Item Description Reference ally. Unit Unit Price No. Specification Price DEMOLITION 1. Remove Existing Irrigation Systems (300-1) 41 184 F SF $0.10 $4,118.40 2. Kill and Remove Existing (300-1) Turf 17,781 F SF $0.50 $8,890.50 3. Remove Existing Vegetation (300-1) 23.403(F) SF $0.50 $11,701.50 4. Remove Existing Concrete (300-1) __ 50fF) LF $10.00 $500.00 Header EARTHWORK/GRADING 5. Fine Grading Only(D.G., (301) 14,267(F) SF $1.00 $14,267.00 Concrete,Cobble only) Conserve_ LandCare Bidder P-2 of 13 LMD-413 TERRA VISTA — WATER CONSERVATION 1 LANDSCAPE RENOVATION FY 20.21 PROJECT Required Bid Proposal Forms &nbsp; &nbsp; Page 353 PROPOSAL SCHEDULE OF COST AND LUMP SUM AMOUNTS "LMD-4R TERRA VISTA-WATER CONSERVATION!LANDSCAPE RENOVATION FY 20121 PROJECT" Item Reference No. Description Specification Oty. Price Unit Unit Price P HARDSCAPE 6. 6"Concrete Headers (800,801) 1 241 F LF $22.00 $27,302.00 7. Grouted River Cobbles 2 2__ , 22(F) SF $9.00 $19,998.00 8. Landscape Boulder—24" 25 EA $100.00 $2.,500.00 9. Landscape Boulder—36" 31 EA $150.00 $4,650.00 10. Landscape Boulder—48" 30 EA $250.00 $7,500.00 11. Landscape Boulder—60" 14 EA $350.00 $4,900.00 LANDSCAPE PLANTING (801) 12. 24"Box Tree 103 EA $400.00 $41,200.00 (8Q1) 13, 36" Box Tree 1 EA $900.00 $900.00 14. 1 Gallon Shrub (801) 5,888 EA $15.00 $88,320.00 15. 3 Gallon Shrub (801) 52 EA $25.00 $1,300.00 16. 5 Gallon Shrub (801) 732 EA $25.00 $18,300.00 Conserve LandCare bidder P-3 at 13 LMD•4R TERRA VISTA - WATER CONSERVATION / LANDSCAPE RENOVATION FY 20.21 PROJECT Required Bid Proposal Forms &nbsp; &nbsp; Page 354 PROPOSAL SCHEDULE OF COST AND LUMP SUM AMOUNTS %MD-4113 TERRA VISTA-WATER CONSERVATION!LANDSCAPE RENOVATION FY 2W1 PROJECT" Item Description tion Reference Unit No. Specification aty. Unit Price Price MISCELLANEOUS 17. 3"Mulch Bark (800-1) 24 900 F SF $0.50 $12,450.00 18. Stabilized Decomposed Granite—3"Thick (200-2) 12.045(F) SF $2.50 $30,112.50 LANDSCAPE IRRIGATION 19, Automatic Irrigation System-Retro Fit (800 801) 26,940(�-) SF $2.50 $67,350.00 20. Irrigation Smart Controller (800, 801) 3 EA $6,000.00 $15,000.00 21. Remote Control Valve—1" in Valve Box (800,801) 2 EA $500.00, $1,000.00 22, Remote Control Valve-2" in Valve Box (800,801) 11 EA $700.00 $7,700.00 LANDSCAPE MAINTENANCE 23, 90 Day Maintenance Period (801-6) 26 940JFI SF $0,14 $2,694.00 Conserve LandCare Bidder P•4 of 13 LMDAR TERRA VISTA - WATER CONSERVATION ! LANDSCAPE RENOVATION FY 20.21 PROJECT Required Bid Proposal Forms { &nbsp; &nbsp; Page 355 PROPOSAL SCHEDULE OF COST AND LUMP SUM AMOUNTS "LMD-4R TERRA VISTA-WATER CONSERVATION/LANDSCAPE RENOVATION FY 20/21 PROJECT" Item ff� Reference Unit No. Description Specification sty. Unit price Price 24. SWPPP (7-8.6) 1 LS $500;00 $500.00 MOBILIZATION 25. Mobilization 1 LS $2,000.00 $2,000.00 26. Traffic Control 1 LS $10,OOQ.00 $10,000.00 27. Photo/Video Record of Project Site Before Start of Work per General Demolition Dote 3 of Project Plans 1 LS $500.OQ $500.00 TOTAL BID AMOUNT IN NUMBERS: $405,653.90 TOTAL BID AMOUNT IN WORDS: four hundred five thousand six hundred fifty-three dollars and no cents Conserve LandCare Bidder P-5 of 13 LM0-4R TERRA VISTA - WATER CONSERVATION 1 LANDSCAPE RENOVATION FY 20.21 PROJECT Required Bid Proposal Forms &nbsp; &nbsp; Page 356 BIDDER AGREEMENT The undersigned also agrees as follows: FIRST: Within 15 calendar days from the receipt of the Notice of Award of Contract,to execute the contract,and to furnish to the City of Rancho Cucamonga, two (2)satisfactory bonds in the amounts specified in the Notice Inviting Bids guaranteeing the faithful performance of the work and payment of bills. SECOND: To begin work within ten(10)calendar days after the date specified in the Notice to Proceed and to prosecute said work in such a manner as to complete it within 90 working days after such specified date. Accompanying this proposal is cash,a cashier's check,or a certified check of a bidder's bond for not less than 10% of the total amount of the bid payable to the City which is to be forfeited, as liquidated damages, if, in the event the contractor does not execute the contract and furnish satisfactory bonds under the conditions and within the time specified in this proposal, otherwise said cash,cashiers'check,certified check,or bidders'bond is to be returned to the undersigned. Within 15 calendar days after award of the contract, the City of Rancho Cucamonga will return the bidder's bond accompanying such proposal not considered in making the award. All other bidders'bonds will be held until the expiration of 90 days from the date of the award of contract. They will then be returned to the respective bidders whose proposals they accompany. BIDDER: Conserve LandCare IMPORTANT NOTICE: If bidder is a corporation,state legal name of corporation and names of the president, secretary, treasurer, and manager; co-partnership, state true name of firm and names of all individual copartners composing firm;or an individual,state first and last names in full. "I declare under penalty of perjury of the laws of the State of California the representations made herein are true and correct in accordance with the requirements of California Business and Professions Code Section 7028.15," 958748 3/31/2021 California State Contractors License Number Expiration Date Conserve LandCare Bidder P•6 of 13 LMD•4R TERRA VISTA — WATER CONSERVATION / LANDSCAPE RENOVATION FY 20.21 PROJECT Required Bid Proposal Forms &nbsp; &nbsp; Page 357 Bidder Agreement(continued) 641- Kevin Rocker, Vice President 1 2/4/2020 Signatur Name/1-ltle Date Signature Name/Title •-____- Date Signature Name/Title Date Signature Name/Title Date Signature and title of the officer(s)set forth above shall be authorized to sign contracts on behalf of the corporation,co-partnership or individual. It signature is by an agent, other than an officer of the corporation or a member of a partnership,a Power of Attorney must be on file with the City of Rancho Cucamonga prior to or at time of bid opening; otherwise the bid will be subject to rejection by the City of Rancho Cucamonga. Conserve LandCare Bidder P•7 of ►3 LMD-AIR TERRA VISTA .• WATER CONSERVATION / LANDSCAPE RENOVATION FY20.21 PROJECT Required Bid Proposal Forms &nbsp; &nbsp; Page 358 BIDDER INFORMATION The bidder shall furnish the following information. Additional sheets may be attached if necessary. Name of Firm: Conserve Landcare Type of Firm: x Corporation Individual Partnership Business Mailing Address: 72265 Manufacturing Road Thousand Palms,CA 92276 Place of Business: 72265 Manufacturing Road Thousand Palms,CA 92276 Telephone No.: 760-343-1433 Contractor's License, State:CA License No.: 958748 Public Works DIR No.: 1000009166 Names and titles of all members of the firm: Kevin Rocker,Vice President Randy Mitchell,Vice President Number of years as a contractor in construction work of this type: 9 Years Three projects of this type recently completed: Date Owner's Name & Contract Amount Type of Project Comgteted Address 8700,000+ Landscape and Irrigation 612019 sW,c—,.a�131ww�hftAA.4.0000 a CA92CI $500,000+ Landscape and lnigation 412020 wmanes.rye goo nnl�a.m.1m u.mwpuoxsl $400.000 Landscape and Irrigation 612020 Far 1IMuslFss 2922 Da,mlw S1 Santa Aga,CA 92705 Person who inspected site of the proposed work for your firm: Name: Inspection Edward Ernst Date: 121412020 NOTE: If requested by the City, the Bidder shall furnish a notarized financial statement, references,and other information,sufficiently comprehensive to permit an appraisal of his current financial condition, Conserve LandCare Bidder P-B of 13 LMD-01 TERRA VISTA — WATER CONSERVATION ! LANDSCAPE RENOVATION FY 20-21 PROJECT Required BId Proposal Forms &nbsp; &nbsp; Page 359 SUBCONTRACTORS In compliance with Section 2-3 of the Standard Specifications and the Provisions of the Public Contract Code Section 4100,the undersigned bidder herewith sets forth the name,location of the place of business and California Contractors License Number of each subcontractor who will perform work or labor or render service to the general contractor in or about the construction of the work or Improvement in an amount in excess of one-half of one percent(1/2%)of the general contractor's total bid or, in the case of bids or offers for the construction of streets or highways, including bridges,in excess of one-half of one percent(112%)of the general contractor's total bid or ten thousand dollars($10,000.00),whichever is greater and the portion of the work which will be done by each subcontractor as follows: Subcontractor's Business License DIR Description of Percent (%) Name Address No No. Work of Total Bid Canelo Corporation-28052 Camino Capistrano,Ste 210,Laguna Niguel,CA 92677-1041022-1000063753-Concrete-5% Total%of the work to be performed by Subcontractors listed above: 5 % Effective July 1,2014,the bidder shall provide the California Contractor License Number of each subcontractor listed. New Section 4104 contains the following language: "An inadvertent error in listing the California contractor license number provided pursuant to paragraph (1) shall not be grounds for filing a bid protest or grounds for considering the bid nonresponsive if the corrected contractor's license number is submitted to the public entity by the prime contractor within 24 hours after the bid opening and provided the corrected contractor's license number corresponds to the submitted name and location for that subcontractor." Conserve LandCare Bidder P-9 of !3 LMD-4R TERRA VISTA — WATER CONSERVATION ! LANDSCAPE RENOVATION FY 20.21 PROJECT Required Bid Proposal Forms &nbsp; &nbsp; Page 360 DECLARATION OF ELIGIBILITY TO CONTRACT (Labor Code Section 1777.1;Public Contract Code Section 6109) The undersigned contractor,certifies and declares that: 1. The undersigned contractor is aware of Sections 1777.1 and 1777.7 of the California Labor Code,which prohibit a contractor or subcontractor who has been found by the Labor Commissioner or the Director of Industrial Relations to be in violation of certain provisions of the Labor Code,from bidding on,being awarded,or performing work as a subcontractor on a public works project for specified periods of time. 2. The undersigned contractor is not ineligible to bid on, be awarded or perform work as a subcontractor on a public works project by virtue of the foregoing provisions of Sections 1777.1 or 1777.7 of the California Labor Code or any other provision of law. 3. The undersigned contractor is aware of California Public Contract Code Section 6109, which states: "(a) A public entity, as defined in Section 1100 (of the Public Contract Code), may not permit a contractor or subcontractor who is ineligible to bid or work on,or be awarded, a public works project pursuant to Section 1777.1 or 1777.7 of the Labor Code to bid on,be awarded, or perform work as a subcontractor on, a public works project. Every public works project shall contain a provision prohibiting a contractor from performing work on a public works project with a subcontractor who is ineligible to perform work on the public works project pursuant to Section 1777.1 or 1777.7 of the Labor Code. (b)Any contract on a public works project entered into between a contractor and a debarred subcontractor is void as a matter of law. A debarred subcontractor may not receive any public money for performing work as a subcontractor on a public works contract,and any public money that may have been paid to a debarred subcontractor by a contractor on the project shall be returned to the awarding body. The contractor shall be responsible for the payment of wages to workers of a debarred subcontractor who has been allowed to work on the project." 4. The undersigned contractor has investigated the eligibility of each and every subcontractor the undersigned contractor intends to use on this public works project, and determined that none of them is ineligible to perform work as a subcontractor on a public works project by virtue of the foregoing provisions of the Public Contract Code, Sections 1777,1 or 1777.7 of the Labor Code,or any other provision of law. The undersigned declares under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Executed this 4th day of 2020 , at Thousand Palms (place of execution),California. ., Signature Name: Kevi ooker Title: Vice resident Company:conservet.andcars _ConseryelandCare Bidder P•10 of 13 LMD-4R TERRA VISTA — WATER CONSERVATION / LANDSCAPE RENOVATION FY 20-21 PROJECT Required Bid Proposal Forms &nbsp; &nbsp; Page 361 CERTIFICATION OF NON-DISCRIMINATION BY CONTRACTORS As suppliers of goods or services to the City of Rancho Cucamonga,the firm listed below certifies that it does not discriminate in its employment with regard to age,disability,race,color, religion, sex,sexual orientation or national origin, that it is in compliance with all federal, state and local directives and executive orders regarding non-discrimination in employment;and that it agrees to demonstrate positively and aggressively the principle of equal opportunity in employment. We agree specifically: 17o establish or observe employment policies which affirmatively promote opportunities for minority persons at all job levels. 2.To communicate this policy to all persons concerned,including all company employees,outside recruiting services, especially those serving minority communities, and to the minority communities at large. 3.To take affirmative steps to hire minority employees within the firm. FIRM:Conserve LandCare TITLE OF PERSON SIGNING: Vice President SIGNATURE: DATE:12/4/2020 Please include any additional information available regarding equal opportunity employment programs now in effect within your firm. Conserve LandCare Bidder P.1 t of 13 LMD-414 TERRA VISTA — WATER CONSERVATION ! LANDSCAPE RENOVATION FY 20.21 PROJECT Required Bid Proposal Forms &nbsp; &nbsp; Page 362 r NON-COLLUSION DECLARATION The undersigned declares: I am the Vice President of Conserve LandCare ,the party making the foregoing bid. The bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company,association,organization,or corporation. The bid is genuine and not collusive or sham. The bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid. The bidder has not directly or indirectly colluded,conspired,connived,or agreed with any bidder or anyone else to put in a sham bid,or to refrain from bidding. The bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price of the bidder or any other bidder,or to fix any overhead,profit,or cost element of the bid price, or of that of any other bidder. All statements contained in the bid are true. The bidder has not, directly or indirectly, submitted his or her bid price or any breakdown thereof,or the contents thereof,or divulged information or data relative thereto,to any corporation, partnership, company, association, organization, bid depository, or to any member or agent thereof,to effectuate a collusive or sham bid,and has not paid,and will not pay, any person or entity for such purpose. Any person executing this declaration on behalf of a bidder that is a corporation,partnership,joint venture, limited liability company, limited liability partnership, or any other entity, hereby represents that he or she has full power to execute,and does execute this declaration on behalf of the bidder. I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct, and that this declaration is executed on 12/4/2020 (date), at Thousand Palms (city), California (state).Z' — Z/_/�—- Signatur Conserve LandCare Bidder P-12 of 13 LMD-48 TERRA VISTA - WATER CONSERVATION / LANDSCAPE RENOVATION FY 20.21 PROJECT Required Bid Proposal Forms &nbsp; &nbsp; Page 363 ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached,and not the truthfulness, accuracy, or validity of that document. State of California County of Riverside On 12/11/2020 before me, Edward Ernst, Notary Public (insert name and title of the officer) personally appeared Kevin Rocker who proved to me on the basis of satisfactory evidence to be the person whose nameg islafe- subscribed to the within instrument and acknowledged to me that hef&ho/they executed the same in hisll}er/their authorized capacity(#,and that by hisl erlt it signature(a)on the instrument the person or the entity upon behalf of which the person 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. Sig natur (Seal) eMNARQ EL1 C—M EVgEd" RNST 10co7�"0W7 1884, " " j2 WN &nbsp; &nbsp; Page 364 BID BOND KNOW ALL MEN BY THESE PRESENT:THAT Conserve LandCare LLC as Principals,and Hartford Fire Insurance Company,as Surety,are held and firmly bound unto THE CITY OF RANCHO CUCAMONGA, COUNTY OF SAN BERNARDINO, hereinafter called the City,in the sum of Ten Percent of Amount Bid 10% dollars (not less than ten percent of the total amount of the bid),for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors, and assigns,jointly and severally,firmly by these presents. WHEREAS,said Principal has submitted a bid to said City to perform all work required under the Contract Documents entitled: LMD-4R TERRA VISTA-WATER CONSERVATION/ LANDSCAPE RENOVATION FY 20/21 PROJECT NOW,THEREFORE,if said Principal is awarded a contract by said City and,within the time and in the manner required under the headings "Instruction to Bidders" and "Schedule of Unit Cost and Lump Sum Amounts" bound with said Specifications, enters into a written contract on the form of agreement bound with said Specifications and furnishes the required bonds, one to guarantee faithful performance and the other to guarantee payment for labor and materials, then this obligation shall be null and void,otherwise it shall remain in full force and effect. In the event suit is brought upon this bond by said City and judgment is recovered, said surety shall pay all costs incurred by said City in such suit, including a reasonable attorney's fee to be fixed by the court, SIGNED AND SEALED,this 7th day of Decenber 20 20. Conserve LandCare LLC (Seal) Hartford Fire Insurance Comp"Xal) Business Name of Bidder rinclpal) Business Name of Surety By: _._._._ ._. ...BY _. _.. (Signature (Signature) Title: r - Title: Maria Pena,Attorney-in-Fact Individual Partnership Corporation Other,explain Conserve LandCare LLC _ Bidder P-13 of 13 LMO-4R TERRA VISTA - WATER CONSERVATION / LANOSCAPE RENOVATION FY 20•21 PROJECT Required Bid Proposal Forms &nbsp; &nbsp; Page 365 r CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT Civil Code§ 1189 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness,accuracy or validity of that document. State of California I ss County of Los Angeles ) On ULL i - = before me, Lisa L. Thornton, Notary Public, personally appeared Maria Pena, who proved to me on the basis of satisfactory evidence to be the persons whose name44 isfaF subscribed to the within instrument and acknowledged to me that 4ey sheAhey executed the same in Wher{4v* authorized capacity44, and that by WherA4*,* signature(-}on the instrument the person4s3, or the entity upon behalf of which the person(o 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. ignatur (Sea) LISAI.THORNTON L L hornt otar P lic Notary Publkt Ca;itorma s Los Angeles County � a Cammissio� ju 1l$.t s�„• My Comm,f Kgires Ju 1023 &nbsp; &nbsp; Page 366 Direct Inqulrtes/Claims to: * THE HARTFORD BOND,T-12 POWER OF ATTORNEY HartfOne o Plaza d Confne tcut06155 Bond.Claims0thehartford.com call:886-266-3488 or fax:860.757-5835 KNOW ALL PERSONS BY THESE PRESENTS THAT: Agency Name: ALLIANT INSURANCE SERVICES INC A enc Code: 72-256704 0 Hartford Fire Insurance Company,a corporation duly organized under the laws orthe State of Connecticut 0 Hartford Casualty insurance Company,a corporation duly organized under the laws of the State of Indiana Hartford Accident and Indemnity Company,a corporation duly organized under the laws of the State of Connecticut Hartford Underwriters Insurance Company.a corporation duly organized under the laws of the State of Connecticut Twin City Fire Insurance Company,a corporation duly organized under the laws of the State of Indiana Hartford Insurance Company of Illinois,a corporation duly organized under the laws of the State of Illinois Hartford Insurance Company of the Midwest•a corporation duly organized under the laws of the State of Indiana Hartford Insurance Company of the Southeast,a corporation duly organized under the laws of the State of Florida having their home office in Hartford,Connecticut,(hereinafter collectively referred to as the"Companies")do hereby make,constitute and appoint, up to the amount of Unlimited : Jessica Rosser of Dallas TX, E. S. Albrecht Jr., Patricia S. Arana, Tiffany Coronado, C.K. Nakamura, Maria Pena, Noemi Quiroz, Lisa L. Thornton, Tim M. Tomko, Natalie K. Trofimoff of LOS ANGELES, California their true and lawful Attorneys)-in-Fact,each in their separate capacity if more than one is named above,to sign its name as surety(les)only as delineated above by ®, and to execute, seal and acknowledge any and all bonds.undertakings,contracts and other written instruments in the nature thereof•on behalf of the Companies in their business of guaranteeing the fidelity of persons•guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law. In Witness Whereof.and as authorized by a Resolution of the Board of Directors of the Companies on May 6,2015 the Companies have caused these presents to be signed by its Senior Vice President and its corporate seats to be hereto affixed, duly attested by its Assistant Secretary. Further,pursuant to Resolution of the Board of Directors of the Companies,the Companies hereby unambiguously affirm that they are and wir.be bound by any mechanically applied signatures applied to this Power of Attorney. 3�rwr� ¢ :V t117r6.RS : l•0a► � ��s ¢,,�"' '4�L gRq i w .. '�, .anrr�� ry�i1Al► t=.1 r474 1 ry7i 5 197• John Gray,Assistant Secretary M.Ross Fisher,Senior Vice President STATE OF CON NECTICUT �ti• Hartford COUNTY OF HARTFORD On this 5th day of January,2018,before me personally came M.Ross Fisher,to me known,who being by me duly sworn,did depose and say: that he resides in the County of Hartford, State of Connecticut;that he is the Senior Vice President of the Companies, the corporations described in and which executed the above instrument; that he knows the seals of the said corporations; that the seals affixed to the said instrument are such corporate seals; that they were so affixed by authority of the Boards of Directors of said corporations and that he signed his name thereto by like authority 0 rW¢c.itvl�ee.�n'r Maynard Notary Public CERTIFICATE My Commission Expires July 31,2021 1 the undersigned,Assistant Vice President of the Companies,DO HEREBY CERTIFY that the above and foregoing is a true and correct copy of the Power of Attorney executed by said Companies,which is still in full force effective as of O LC ry Signed and sealed at the City of Hartford /,,►+r�, 1 ,r � ''. y`.9s� halo► .[ t979 �; l97+� � • i n Kevin Heckman,Ass sta t Vice President &nbsp; &nbsp; Page 367 ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached,and not the truthfulness, accuracy, or validity of that document. State of California County of Riverside On 12/11/2020 before me, Edward Ernst, Notary Public (insert name and title of the officer) personally appeared Kevin Rocker who proved to me on the basis of satisfactory evidence to be the person whose name is/wer' subscribed to the within instrument and acknowledged to me that helstgAkfexecuted the same in his/ their authorized capacity(ige),and that by his/Wlt�e4 signature(kon the instrument the person ,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. Signature (Seal) DWARD ERNST ComrrftsW No. 2271884 iv WMY pUKJC-C"0rMA Rd PME COLOM My Comm Expires DECOMR 14,2W &nbsp; &nbsp; Page 368 4 WRITTEN CONSENT OF THE SOLE MEMBER OF CONSERVE LANDCARE,LLC August 2,2019 The undersigned,being the sole member of Conserve LandCare,LLC,a California limited liability company (the "Company"), acting by written consent without a meeting in accordance with Section 17704,07 of the California Revised Uniform Limited Liability Company Act and the operating agreement of the Company,hereby adopts the following resolutions: OFFICER WHEREAS,the Sole Member deems it advisable and in the best interests of the Company to appoint Kevin Rocker as a Vice President of the Company, NOW, THEREFORE, BE IT RESOLVED, that Kevin Rocker be, and he hereby is, appointed to the office of Vice President of the Company, to serve until his successor is duty appointed and qualified. AUTHORITY OF DIRECTOR OF LANDSCAPE MAINTENANCE RESOLVED,that Randy Mitchell, in his capacity as Director of Landscape Maintenance of the Company,shall have the authority to act on behalf of,bind,and execute and deliver contracts in the name and on behalf of the Company in the ordinary course of business,subject at all times to the authority of the Sole Member. GENERAL RESOLVED, that the officers of the Company shall be, and each hereby is, authorized, empowered and directed to take any and all action necessary or appropriate to carry out the intents and purposes of the foregoing resolution; RESOLVED FURTHER,that all prior actions taken by the officers of the Company within the scope of the foregoing resolutions be, and each of them hereby is,authorized,approved and ratified in all respects. [SIGNATURE PAGE FOLLOWS] 42594977 l &nbsp; &nbsp; Page 369 41 In witness whereof,the undersigned has executed this written consent effective on the date first above written. SOLE MEMBER: Sperber Landscape Companies,LLC 1 Name: Richard A.Sperber Title: President [Signature Page to Post-Ciosing UWC(Conserve LandCare,LLC)] &nbsp; &nbsp; Page 370 CONTRACT AGREEMENT KNOW ALL MEN BY THESE PRESENT: That the following agreement is made and entered into, in triplicate,as of the date executed by the City Clerk and the Mayor, by and between Conserve LandCare , hereinafter referred to as the"CONTRACTOR"and the City of Rancho Cucamonga, California, hereinafter referred to as"CITY." WHEREAS, pursuant to the Notice Inviting Sealed Bids or Proposals,bids were received,publicly opened, and declared on the date specified in said notice;and WHEREAS, City did accept the bid of Contractor; and WHEREAS, City has authorized the City Clerk and Mayor to enter into a written contract with Contractor for furnishing labor, equipment,and material for the construction of "LMD-4R TERRA VISTA-WATER CONSERVATION/LANDSCAPE RENOVATION FY 20/21 PROJECT" NOW THEREFORE, in consideration of the mutual covenants herein contained, it is agreed: 1. GENERAL SCOPE OF WORK: Contractor shall furnish all necessary labor, tools, materials,appliances,and equipment for and do the work for the"LMD-4R TERRA VISTA -WATER CONSERVATION/LANDSCAPE RENOVATION FY 20/21 PROJECT' Said work to be performed in accordance with specifications and standards on file in the office of the City Engineer and in accordance with bid prices hereinafter mentioned and in accordance with the instruction of the City Engineer. 2. INCORPORATED DOCUMENTS TO BE CONSIDERED COMPLEMENTARY: The aforesaid specifications are incorporated herein by reference thereto and made a part hereof with like force and effect as if all of said documents were set forth in full herein. Said documents, the Resolution Inviting Bids attached hereto, together with this written agreement, shall constitute the entire contract between the parties. This contract is intended to require a complete and finished piece of work and anything necessary to complete the work properly and in accordance with the law and lawful governmental regulations shall be performed by the Contractor whether set out specifically in the contract or not. Should it be ascertained that any inconsistency exists between the aforesaid documents and this written agreement,the provisions of this written agreement shall control. 3. TERMS OF CONTRACT: The undersigned bidder agrees to execute the contract within fifteen (15) days from the date of notice of award of the contract or upon notice by City after the fifteen (15)days, and to complete his portion of the work within 90 working days from the date specified in the Notice to Proceed. The bidder agrees further to the assessment of liquidated damages in the amount of$1,500.00 for each calendar day the work remains incomplete beyond the expiration of the completion date. City may deduct the amount thereof from any monies due or that may become due the Contractor under this contract. Progress payments made after the scheduled date of completion shall not constitute a waiver of liquidated damages. 4. INSURANCE: The Contractor shall not commence work under this contract until he has obtained all insurance required hereunder in a company or companies acceptable to City C-1 &nbsp; &nbsp; Page 371 CONTRACT AGREEMENT KNOW ALL MEN BY THESE PRESENT: That the following agreement is made and entered into, in triplicate,as of the date executed by the City Cleric and the Mayor, by and between Conserve LandCare , hereinafter referred to as the"CONTRACTOR"and the City of Rancho Cucamonga, California, hereinafter referred to as"CITY." WHEREAS,pursuant to the Notice Inviting Sealed Bids or Proposals,bids were received,publicly opened,and declared on the date specified in said notice;and WHEREAS, City did accept the bid of Contractor; and WHEREAS, City has authorized the City Clerk and Mayor to enter into a written contract with Contractor for furnishing labor, equipment,and material for the construction of"LMD-4R TERRA VISTA-WATER CONSERVATION/LANDSCAPE RENOVATION FY 20/21 PROJECT" NOW THEREFORE, in consideration of the mutual covenants herein contained, it is agreed: i. GENERAL SCOPE OF WORK: Contractor shall furnish all necessary labor, tools, materials,appliances,and equipment for and do the work for the"LMD-4R TERRA VISTA -WATER CONSERVATION/LANDSCAPE RENOVATION FY 20/21 PROJECT" Said work to be performed in accordance with specifications and standards on file in the office of the City Engineer and in accordance with bid prices hereinafter mentioned and in accordance with the instruction of the City Engineer. 2. INCORPORATED DOCUMENTS TO BE CONSIDERED COMPLEMENTARY: The aforesaid specifications are incorporated herein by reference thereto and made a part hereof with like force and effect as if all of said documents were set forth in full herein. Said documents, the Resolution Inviting Bids attached hereto, together with this written agreement, shall constitute the entire contract between the parties. This contract is intended to require a complete and finished piece of work and anything necessary to complete the work properly and in accordance with the law and lawful governmental regulations shall be performed by the Contractor whether set out specifically in the contract or not. Should it be ascertained that any inconsistency exists between the aforesaid documents and this written agreement,the provisions of this written agreement shall control. 3. TERMS OF CONTRACT: The undersigned bidder agrees to execute the contract within fifteen (15) days from the date of notice of award of the contract or upon notice by City after the fifteen (15)days, and to complete his portion of the work within 90 working days from the date specified in the Notice to Proceed. The bidder agrees further to the assessment of liquidated damages in the amount of$1,500.00 for each calendar day the work remains incomplete beyond the expiration of the completion date. City may deduct the amount thereof from any monies due or that may become due the Contractor under this contract. Progress payments made after the scheduled date of completion shall not constitute a waiver of liquidated damages. 4. INSURANCE: The Contractor shall not commence work under this contract until he has obtained all insurance required hereunder in a company or companies acceptable to City C-1 &nbsp; &nbsp; Page 372 nor shall the Contractor allow any subcontractor to commence work on his subcontract until all insurance required of the subcontractor has been obtained. The Contractor shall take out and maintain at all time during the life of this contract the following policies of insurance: a. Workers Compensation Insurance: Before beginning work,the Contractor shall furnish to the Engineer a certificate of insurance as proof that he has taken out full compensation insurance for all persons whom he may employ directly or through subcontractors in carrying out the work specified herein,in accordance with the laws of the State of California. Such insurance shall be maintained in full force and effect during the period covered by this contract. In accordance with the provisions of Section 3700 of the California Labor Code, every contractor shall secure the payment of compensation to his employees. Contractor, prior to commencing work, shall sign and file with the City a certification as follows: "I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for worker's compensation or to undertake self- insurance in accordance with the provisions of that Code, and I will comply with such provisions before commencing the performance of the work of this contract." b. For all operations of the Contractor or any subcontractor in performing the work provided for herein, insurance with the following minimum limits and coverage: (1) General Liability - Bodily Injury (not auto) $2,000,000 each person; $2,000,000 each accident. (2) General Liability - Property Damage (not auto) $1,000,000 each accident; $2,000,000 aggregate. (3) Contractor's Protective- Bodily Injury$1,000,000 each person; $2,000,000 each accident. (4) Contractor's Protective-Property Damage$1,000,000 each accident;$2,000,000 aggregate. (5) Automobile- Bodily Injury$2,000,000 each person;$3,000,000 each accident. (6) Automobile-Property Damage$2,000,000 each accident. C. Each such policy of insurance provided for in paragraph"b." shall: (1) Be issued by an insurance company approved in writing by City,which is qualified to do business in the State of California. The insurance company shall have a policy holder rating of A or higher and a Financial Class Vif or higher established by A.M. Best Company Rating Guide; (2) Name as additional insured the City, its elected officials, officers, agents and employees, and any other parties specified in the bid documents to be so included; (3) Specify it acts as primary insurance and that no insurance held or owned by the designated additional insured shall be called upon to cover a loss under said policy; (4) Contain a clause substantially in the following words: C-2 &nbsp; &nbsp; Page 373 "It is hereby understood and agreed that this policy may not be canceled nor the amount of the coverage thereof reduced until thirty(30) days after receipt by City of a written notice of such cancellation or reduction of coverage as evidenced by receipt of a registered letter." (5) Otherwise be in form satisfactory to City. d. The policy of insurance provided for in subparagraph"a."shall contain an endorsement which: (1) Waives all right of subrogation against all persons and entities specified in subparagraph 4.c. (2) hereof to be listed as additional insured in the policy of insurance provided for in paragraph "b." by reason of any claim arising out of or connected with the operations of Contractor or any subcontractor in performing the work provided for herein; (2) Provides it shall not be canceled or altered without thirty(30)days'written notice thereof given to City by registered mail. e. The Contractor shall at the time of the execution of the contract present the original policies of insurance required in paragraphs"a."and"b."hereof,or present a certificate of the insurance company, showing the issuance of such insurance,and the additional insured and other provisions required herein. Refer to Appendix Item 2 of the Special Provisions for an example of an approved set of Certificates of Insurance. The "Name(s), Organization(s) and/or Political Subdivision(s)" in the "Additional Insured..." endorsement form(s) and in the "Waiver..." endorsement form(s) must be worded exactly as shown in the example. Generic "Blanket" endorsements are not acceptable. 5. PREVAILING WAGE: Notice is hereby given that in accordance with the provisions of California Labor Code, Division 2, Part 7, Chapter 1, Articles 1 and 2, the Contractor is required to pay not less than the general prevailing rate of per diem wages for work of a similar character in the locality in holiday and overtime work. In that regard, the Director of the Department of Industrial Relations of the State of California is required to and has determined such general prevailing rates of per diem wages. Copies of such prevailing rates of per diem wages are on file in the office of the City Clerk of the City of Rancho Cucamonga, 10500 Civic Center Drive,Rancho Cucamonga,California,and are available to any interested party on request. City also shall cause a copy of such determinations to be posted at the job site. Pursuant to provisions of Labor Code Section 1775,the Contractor shall forfeit,as penalty to City, not more than two hundred dollars ($200.00) for each laborer, workman, or mechanic employed for each calendar day or portion thereof if such laborer,workman,or mechanic is paid less than the general prevailing rate of wages hereinbefore stipulated for any work done under the attached contract, by him or by any subcontractor under him, in violation of the provisions of said Labor Code. 6. APPRENTICESHIP EMPLOYMENT: In accordance with the provisions of Section 1777.5 of the Labor Code as amended by Chapter 971, Statutes of 1939,and in accordance with the regulations of the California Apprenticeship Council, properly indentured apprentices may be employed in the prosecution of the work. C-3 &nbsp; &nbsp; Page 374 Attention is directed to the provisions in Section 1777.5 and 1777.6 of the Labor Code concerning the employment of apprentices by the Contractor or any subcontractor under him. Section 1777.5, as amended, requires the Contractor or subcontractor employing tradesmen in any apprenticable occupation to apply to the joint apprenticeship committee nearest the site of the public works project and which administers the apprenticeship program in that trade for a certificate of approval. The certificate will also fix the ratio of apprentices to journeymen that will be used in the performance of the contract. The ratio of apprentices to journeymen in such cases shall not be less than one to five except: a. When unemployment in the area of coverage by the joint apprenticeship committee has exceeded an average of 15 percent in the 90 days prior to the request for certificate, or b. When the number of apprentices in training in the area exceeds a ratio of one to five, or c. When the trade can show that it is replacing at least 1/30 of its membership through apprenticeship training on an annual basis statewide or locally, or d. When the Contractor provides evidence that he employs registered apprentices on all of his contracts on an annual average of not less than one apprentice to eight journeymen. The Contractor is required to make contributions to funds established for the administration of apprenticeship programs if he employs registered apprentices or journeymen in any apprenticable trade on such contracts and if other contractors on the public works site are making such contributions. The Contractor and subcontractor under him shall comply with the requirements of Sections 1777.5 and 1777.6 in the employment of apprentices. 7. LEGAL HOURS OF WORK: Eight(8)hours of labor shall constitute a legal day's work for all workmen employed in the execution of this contract, and the Contractor and any subcontractor under him shall comply with and be governed by the laws of the State of California having to do with working hours set forth in Division 2, Part 7, Chapter 1,Article 3, of the Labor Code of the State of California as amended. The Contractor or Subcontractor shall forfeit, as a penalty to the City of Rancho Cucamonga,twenty-five dollars($25.00)for each worker employed in the execution of the contract by the respective contractor or subcontractor for each calendar day during which the worker is required or permitted to work more than 8 hours in any one calendar day and 40 hours in any one calendar week in violation of the provisions of this article. 8. TRAVEL AND SUBSISTENCE PAY: Contractor agrees to pay travel and subsistence pay to each workman needed to execute the work required by this contract as such travel and subsistence payments are defined in the applicable collective bargaining agreements filed in accordance with Labor Code Section 1773.1, C-4 &nbsp; &nbsp; Page 375 9. CONTRACTOR'S LIABILITY: The City of Rancho Cucamonga and its elected officials, officers,agents and employees shall not be answerable or accountable in any manner for any loss or damage that may happen to the work or any part thereof, or for any of the materials or other things used or employed in performing the work;or for injury or damage to any person or persons, either workmen, employees of the Contractor or his subcontractors or the public, or for damage to adjoining or other property from any cause whatsoever arising out of or in connection with the performance of the work. The Contractor shall be responsible for any damage or injury to any person or property resulting from defects or obstructions or from any cause whatsoever, except the sole negligence or willful misconduct of the City, its employees, servants, or independent contractors who are directly responsible to City during the progress of the work or at any time before its completion and final acceptance. The Contractor will indemnify City against and will hold and save City harmless from any and all actions,claims,damages to persons or property,penalties,obligations,or liabilities that may be asserted or claimed by any person, firm, entity, corporation, political subdivision, or other organization arising out of or in connection with the work,operation, or activities of the Contractor,his agents,employees,subcontractors,or invitees provided for herein, whether or not there is concurrent passive or active negligence on the part of City, but excluding such actions, claims, damages to persons or property, penalties, obligations, or liabilities arising from the sole negligence or willful misconduct of City, its employees,servants,or independent contractors who are directly responsible to City,and in connection therewith: a. The Contractor will defend any action or actions filed in connection with any of said claims, damages, penalties, obligations, or liabilities and will pay all costs and expenses, including attorneys'fees incurred in connection therewith. b. The Contractor will promptly pay any judgment or award rendered against the Contractor or City covering such claims,damages,penalties, obligations,and liabilities arising out of or in connection with such work, operations,or activities of the Contractor hereunder or reasonable settlement in lieu of judgment or award, and the Contractor agrees to save and hold the City harmless therefrom. c. In the event City is made a party to any action or proceeding filed or prosecuted against the Contractor for damages or other claims arising out of or in connection with the project, operation, or activities of the Contractor hereunder, the Contractor agrees to pay to City any and all costs and expenses incurred by City in such action or proceeding together with reasonable attorneys'fees. So much of the money due to the Contractor under and by virtue of the contract as shall be considered necessary by City may be retained by City until disposition has been made of such actions or claims for damage as aforesaid. 10. NON-DISCRIMINATION: No discrimination shall be made in the employment of persons upon public works because of age, disability, race, color, religion, sex, sexual orientation or national origin of such persons, and every contractor for public works violating this section is subject to all the penalties imposed for a violation of Division 2, Part 7, Chapter 1 of the Labor Code in accordance with the provisions of Section 1735 of said Code. C-5 &nbsp; &nbsp; Page 376 11. CONTRACT PRICE AND PAYMENT: City shall pay to the Contractor for furnishing the material and doing the prescribed work per the unit prices set forth in accordance with Contractor's Proposal. IN WITNESS WHEREOF,the parties hereto have caused these present to be duly executed with all the formalities required by law on the respective dates set forth opposite their signatures. State of California Contractor's License#: Date By: Signature Print Name&Title By: Signature Print Name&Title CITY OF RANCHO CUCAMONGA, CALIFORNIA By: BY; L. Dennis Michael, Mayor Janice C. Reynolds, City Clerk Date Contractor's Business Phone Number: Emergency Name and Phone Number at which Contractor can be reached at any time: C-6 &nbsp; &nbsp; Page 377 CONTRACT FAITHFUL PERFORMANCE BOND KNOW ALL MEN BY THESE PRESENT: THAT Conserve LandCare as Principal, and as Surety, are held and firmly bound unto the City of Rancho Cucamonga, hereinafter called City, in the just and full amount of Four Hundred Five Thousand Six Hundred Fifty Three and 90/100 Dollars (Written) $ 405,653.90 (Figures) payment whereof we hereby bind ourselves, our heirs, executors,administrators,successors and assigns,jointly and severally,firmly by these presents. Given under our hands and sealed with our seal this_day of , 20_. The condition of the foregoing obligation is such that, WHEREAS, the above-named principal is about to enter into a contract with the City, whereby said principal agrees to construct "LMD-413 TERRA VISTA - WATER CONSERVATION / LANDSCAPE RENOVATION FY 20/21 PROJECT" in accordance with the AGREEMENT dated ,which said contract is hereby referred to and made a part hereof to the same extent as if the same were herein specifically set forth; NOW,THEREFORE, if the said principal shall well and truly do and perform all things agreed by the principal in said contract to be done and performed,then this obligation is to be void;otherwise it will remain in full force and effect; PROVIDED, that for value received the undersigned stipulate and agree that no amendment, change, extension of time, alteration or addition to said contract, or agreement, or of any feature or item or items of performance required therein or thereunder shall in any manner affect the obligations of the undersigned under this bond; and the surety does hereby waive notice of such amendment, limitation of time for bringing action on this bond by the City, change, extension of time,alteration or addition to said contract or agreement and of any feature or time of performance required therein or thereunder. WITNESS our hands this_day of ,20_. By: Title: Surety: By: Individual _ Partnership _ Corporation Other,explain SIGNATURES OF CONTRACTOR MUST BE ACKNOWLEDGED BEFORE A NOTARY PUBLIC. PLEASE ATTACH APPROPRIATE ACKNOWLEDGMENT FORMS (INDIVIDUAL, PARTNERSHIP, CORPORATION, ETC.). B-1 &nbsp; &nbsp; Page 378 Bond No.: PAYMENT BOND (Labor and Materials) KNOW ALL PERSONS BY THESE PRESENTS that: WHEREAS the CITY OF RANCHO CUCAMONGA (name of City) ("City") has awarded to Conserve LandCare 72265 Manufacturing Road, Thousand Palms, CA 92276 (Name and address of Contractor) ("Principal"),a contract(the"Contract")for the work described as follows: LMD-4R TERRA VISTA-WATER CONSERVATION/ LANDSCAPE RENOVATION FY 20/21 PROJECT WHEREAS, Principal is required under the terms of the Contract and the California Civil Code to secure the payment of claims of laborers, mechanics, materialmen, and other persons as provided by law. NOW THEREFORE, we,the undersigned Principal, and (Name and address of Surety) ("Surety") a duly admitted surety insurer under the laws of the State of California, as Surety, are held and firmly bound unto City in the penal sum of Four Hundred Five Thousand Six Hundred Fifty Three and 90/100 Dollars ($ 405,653.90 ), this amount being not less than one hundred percent (100%) of the total contract price, in lawful money of the United States of America,for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors, and assigns, jointly and severally,firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH THAT, if the hereby bounded Principal, his, her or its heirs, executors, administrators, successors or assigns, or subcontractors shall fail to pay any of the persons named in Section 9100 of the California Civil Code, or any amounts due under the Unemployment Insurance Code with respect to work or labor performed under the Contract,or for any amounts required to be deducted,withheld,and paid over to the Employment Development Department from the wages of employees of the Principal and subcontractors pursuant to Section 13020 of the Unemployment Insurance Code, with respect to work or labor performed under the Contract, the Surety will pay for the same in an amount not exceeding the penal sum specified in this bond; otherwise,this obligation shall become null and void. B-2 &nbsp; &nbsp; Page 379 Payment Bond(continued) This bond shall insure to the benefit of any of the persons named in Section 9100 of the California Civil Code so as to give a right of action to such persons or their assigns in any suit brought upon the bond. In case the suit is brought upon this bond, Surety further agrees to pay all court costs and reasonable attorneys'fees in an amount fixed by the court. FURTHER, the Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration, addition or modification to the terms of the Contract, or of the work to be performed thereunder, or the specifications for the same, shall in any way affect its obligations under this bond, and it does hereby waive notice of any such change, extension of time, alteration, addition, or modification to the terms of the Contract or to the work or to the specifications thereunder. Surety hereby waives the provisions of California Civil Code Sections 2845 and 2849. IN WITNESS WHEREOF,two(2) identical counterparts of this instrument,each of which shall for all purposes be deemed an original hereof, have been duly executed by Principal and Surety,on the date set forth below,the name of each corporate party being hereto affixed and these presents duly signed by its undersigned representative(s) pursuant to authority of its governing body. Date: "Principal" "Surety" By: By: Its Its By: By: Its Its (Seal) (Seal) Note: This bond must be executed in duplicate and dated, all signatures must be notarized, and evidence of the authority of any person signing as attorney-in-fact must be attached. B-3 &nbsp; &nbsp; Page 380 CONTRACT WORKER'S COMPENSATION INSURANCE CERTIFICATE The Contractor shall execute the following form as required by the California Labor Code, Sections 1860 and 1861: 1 am aware of the provision of Section 3700 of the Labor Code which requires every employer to be insured against liability for worker's compensation or to undertake self-insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract. Date (Contractor) By: (Signature) (Title) Attest: By: (Signature) (Title) INS-1 &nbsp; &nbsp; Page 381 CITY OF RANCHO CUCAMONGA SPECIFICATIONS FOR PUBLIC WORKS CONSTRUCTION The work shall be done in accordance with the "Green Book" Standard Specifications for Public Works Construction 2015 edition and 2016 Supplement written and promulgated by the Southern California Chapter of the American Public Works Association and the Southern District Associated General Contractors of California Joint Cooperative Committee, herein referred to as the "Standard Specifications." Subsequent amendments, supplements and/or additions shall also be considered,included herein. Copies are available from the publisher, Building News, Incorporated, 1612 So. Clementine Street, Anaheim, California, 92802, telephone (714) 517- 0970. The Standard Specifications set forth above will control the general provisions, construction materials, and construction methods for this contract except as amended by the Plans,other contract documents,or the Special Provisions to follow. The section numbers of the following amendments coincide with those of said Standard Specifications. Only those sections requiring elaborations, amendments, specifying of options, or additions are referenced. SPECIAL PROVISIONS Amendments to "Standard Specifications" PART 1 GENERAL PROVISIONS SECTION 1 —TERMS, DEFINITIONS, ABBREVIATIONS, UNITS OF MEASURE, AND SYMBOLS 1-2 TERMS AND DEFINITIONS The words and phrases defined below, appear in the Standard Specifications and in these Special Provisions, shall for the purpose of the Contract have the meaning hereinafter assigned to them. Agency: The City of Rancho Cucamonga. Board: The City Council of the City of Rancho Cucamonga. Engineer: The Public Works Services Director of the City of Rancho Cucamonga,acting personally or through agents or assistants duly authorized by him. The following shall be added: City: City of Rancho Cucamonga, San Bernardino County, California. Major Bid Item: A single Contract item constituting 10 percent or more of the original Contract Price. Substantial Completion: Means the project can be used for its intended purpose as determined by the Engineer. GP-1 &nbsp; &nbsp; Page 382 SECTION 2—SCOPE AND CONTROL OF THE WORK 2-1 AWARD AND EXECUTION OF CONTRACT The following subsection shall be added to subsection 2-1: 2-1.1 DESCRIPTION OF WORK The scope of work to be performed in general consists of,but not limited to,the removal and replacement of trees, landscaping, hardscape, irrigation systems and other related work. 2-4 CONTRACT BONDS Delete the second sentence of the fourth paragraph and add the following: The"Performance Bond" shall remain in force until the acceptance of the Work by the Board. The bond shall be maintained by the Contractor in full force and effect until thirty-five days after recordation of the Notice of Completion and acceptance of a"Maintenance Surety Bond"per Section 4-1.1. 2-5 PLANS AND SPECIFICATIONS 2-5.1 GENERAL. Add the following after the third paragraph: While it is believed that much of the information pertaining to conditions,which may affect the cost of the Work, will be shown on the Plans or indicated in the Specifications, the Agency does not warrant the completeness or accuracy of such information. The Contractor shall ascertain the existence of any conditions affecting the cost of the Work through a reasonable examination of the Work site prior to submitting the Bid. Existing improvements visible at the Work site, for which no specific disposition is made on the Plans, but which interfere with the completion of the Work,shall be removed and disposed of by the Contractor. The following paragraphs shall be added following the last paragraph: If the Contractor, either commencing work or in the course of the work, finds any discrepancy between the Specifications and the Plans, or between either,and the physical conditions at the site of the work,or finds any error or omission in any of the Plans, or Specifications or survey, he shall promptly notify the Engineer in writing of any such discrepancy, error, or omission. If the Contractor observes that any of the Plans or Specifications are at variance with any applicable law, ordinance, regulation, order or decree, he shall promptly notify the Engineer in writing of such conflict. The Engineer on receipt of any such notice shall promptly investigate the circumstances and give appropriate instructions to the Contractor. Until such instructions are given,any work done by the Contractor, either directly or indirectly, after his discovery of such error, discrepancy, or conflict, will be at his own risk, and he shall bear all costs arising therefrom. GP-2 &nbsp; &nbsp; Page 383 2-5.2 PRECEDENCE OF CONTRACT DOCUMENTS. The following paragraph shall be added following paragraph two: Should it appear that the work to be done or any matter relative thereto is not sufficiently detailed or explained by the specifications,the Contractor shall apply to the Engineer for such further explanation as may be necessary and shall conform to such explanation or interpretation as part of the Contract so far as may be consistent with the intent of the original plans and specifications. In the event of any discrepancy between any drawing and the figures written thereon, the figures shall be taken as correct. 2-5.4. As BUILT PLANS. Add the following subsection: The Contractor shall maintain a control set of Plans and Specifications on the project site at all times. All final locations determined in the field, and any deviations from the Plans and Specifications, shall be marked in red on this control set to show the as-built conditions. Upon completion of all work, the Contractor shall return the control set to the Engineer. Final payment will not be made until this requirement is met. 2-6 WORK TO BE DONE The following paragraphs shall be added following paragraph one: All work which is defective in its construction or deficient in any of the requirements of the Plans and Specifications shall be remedied or removed and replaced by the Contractor in an acceptable manner at his own expense. No compensation will be allowed for any work done beyond the lines and grades shown on the Plans or established by the Engineer. Upon failure on the part of the Contractor to comply with any order of the Engineer made under the provisions of this article,the Engineer and City may cause the defective work to be remedied or removed and replaced at the expense of the Contractor. Any unauthorized or defective work, defective material or workmanship or any unfaithful or imperfect work that may be discovered before final acceptance of work by the board shall be corrected immediately with no extra charge even though it may have been overlooked in previous inspections and estimates or may have been caused due to failure to inspect the Work. 2-10 AUTHORITY OF THE BOARD AND THE ENGINEER The following paragraphs shall be added following paragraph two: All authorized alterations affecting the requirements and information given on the approved plans shall be in writing. No changes shall be made on any plan or drawing after the same has been approved by the Engineer, except by direction of the Engineer in writing. Deviations from the approved plans, as may be required by the exigencies of construction, will be determined in all cases by the Engineer and authorized in writing. All instructions, rulings and decisions of the Engineer shall be in writing and binding on all parties unless formal protest is made as provided in the following paragraph: If the Contractor considers any work demanded of him to be outside the requirements of the contract, or if he considers any instruction, ruling or decision of the Inspector or Engineer to be unfair, he shall within ten (10) days after any such demand is made, or instruction, ruling or decision is given, file a written GP-3 &nbsp; &nbsp; Page 384 protest with the Engineer, stating clearly and in detail his objections and reasons therefore. Except for such protests and objections as are made of record in the manner and within the time above stated, the Contractor shall be deemed to have waived and does hereby waive all claims for extra work, damages and extensions of time on account of demands, instructions, rulings and decisions of the Engineer. Upon receipt of any such protest from the Contractor,the Engineer shall review the demand, instruction, ruling or decision objected to and shall promptly advise the Contractor, in writing, of his final decision, which shall be binding on all parties, unless within the ten days thereafter the Contractor shall file with the Board a formal protest against said decision of the Engineer.The Board shall consider and render a final decision on any such protest within thirty(30) days of receipt of same. The following subsection shall be added: 2-13 CLAIMS DISPUTE RESOLUTION In the event of any dispute or controversy with the City over any matter whatsoever, the Contractor shall not cause any delay or cessation in or of Work, but shall proceed with the performance of the Work in dispute. The Contractor shall retain any and all rights provided that pertain to the resolution of disputes and protests between the parties. The Disputed Work will be categorized as an"unresolved dispute"and payment, if any, shall be as later determined by agreement or a court of law. The Contractor shall keep accurate, detailed records of all Disputed Work,claims and other disputed matters. All claims arising out of or related to the Contract Documents or this Project, and the consideration and payment of such claims, are subject to the Government Claims Act (Government Code Section 810 et seq.)with regard to filing claims. All such claims are also subject to the dispute procedures set forth in Public Contract Code Section 9204 and Public Contract Code Section 20104, et seq. (Article 1.5),to the extent each is applicable. This Contract hereby incorporates those provisions as through fully set forth herein. Thus, the Contractor or any Subcontractor must file a claim in accordance with the Government Claims Act as a prerequisite to filing a construction claim in compliance with Section 9204 and Section 20104 et seq. (if applicable), and must then adhere to Section 20104, et seq. and Section 9204, as applicable, pursuant to the definition of"claim"as individually defined therein. GP-4 &nbsp; &nbsp; Page 385 SECTION 3—CHANGES IN WORK 3-2 CHANGES INITIATED BY THE AGENCY. 3-2.2 CONTRACT UNIT PRICES. 3-2.2.1 GENERAL. Add "Major Bid" between"an"and "item" in the first line of the second paragraph: The last sentence of the second paragraph shall be deleted and replaced with the following: Adjustments in excess of 25 percent may be done by extension of Contract Unit Prices as described above, or pursuant to 3-2.2.2 or 3-2.2.3 as appropriate. 3-2.2.2 INCREASES OF MORE THAN 25 PERCENT. Add "Major Bid" between"an"and "item" in the first line of the first paragraph. 3-2.2.3 DECREASES OF MORE THAN 25 PERCENT. Add "Major Bid" between "an"and"item" in the first line of the first paragraph. 3-2.4 AGREED PRICES. Add the following before the first sentence of the first paragraph: Agreed Prices are prices for new or unforeseen work, or adjustments in Contract Unit Prices per 3-2.2, established by mutual agreement between the Contractor and the Agency. 3-3 EXTRA WORK 3-3.2 PAYMENT. 3-3.2.3 MARKUP. The entire text of the Subsection 3-3.2.3 shall be deleted and replaced with the following: (a) Work by Contractor. The following percentages shall be added to the Contractor's costs and shall constitute the markup for all overhead and profits: 1) Labor......................................................20 2) Materials.................................................15 3) Equipment Rental...................................15 4) Other Items and Expenditures................15 To the sum of the costs and markups provided for in this subsection, 1 percent shall be added as compensation for bonding. (b) Work by Subcontractor. When all or any part of the extra work is performed by a Subcontractor, the markup established in 3-3.2.3(a) shall be applied to the Subcontractor's actual cost of such work. A markup of 5 percent of the subcontracted portion of the extra work may be added by the Contractor. GP-5 &nbsp; &nbsp; Page 386 SECTION 4-CONTROL OF MATERIALS 4-1 MATERIALS AND WORKMANSHIP 4-1.1 GENERAL. The following paragraphs shall be added following paragraph three: Used or secondhand materials,parts,and equipment may be used only if permitted by the specifications. The Contractor shall guarantee the entire work constructed by him under the contract to be free of defects in materials and workmanship for a period of one year following the date of acceptance of the work by the Board. The Contractor shall agree to make, at his own expense,any repairs or replacements made necessary by defects in materials or workmanship, which become evident within the warranty period. The Contractor shall further agree to indemnify and save harmless the City and Engineer, and their officers, agents and employees, against and from all claims and liability arising from damage and injury due to said defects. The Contractor shall make all repairs and replacements promptly upon receipt of written order from the Engineer. If the contractor fails to make the repairs and replacements promptly, the City may do the work and the Contractor and his surety shall be liable to the City for the cost of the work. The guarantee and conditions specified above shall be secured by a surety bond,which shall be delivered by the Contractor to the City prior to the date on which final payment is made to the Contractor. Said bond shall be in an approved form and executed by a surety company or companies satisfactory to the City, in the amount of ten percent (10%) of the contract price, or$1,000.00, whichever is greater. Said bond shall remain in force for the duration of the warranty period specified. 4-1.3 INSPECTION REQUIREMENTS. The text of Subsection 4-1.3.1 "General,"shall be deleted and replaced with the following: Materials to be used in the work will be subject to inspection and tests by the Engineer or his designated representative. The Contractor shall furnish without charge such samples as may be required. The Contractor shall furnish the Engineer a list of his sources of materials and the locations at which such materials will be available for inspection. The list shall be furnished to the Engineer in sufficient time to permit inspecting and testing of their use. The Engineer may inspect, sample or test materials at the source of supply or other locations, but such inspection, sampling or testing will not be undertaken until the Engineer is assured by the Contractor of the cooperation and assistance of both the Contractor and the supplier of the material.The Contractor shall assure that the Engineer or his authorized representative has free access at all times to the material to be inspected,sampled or tested. It is understood that such inspections and tests, if made at any point other than the point of incorporation in the work, in no way shall be considered as a guarantee of acceptance of such material nor of continued acceptance of material presumed to be similar to that upon which inspections and tests have been made, and that inspection and testing performed by the City shall not relieve the Contractor or his suppliers of responsibility for quality control. Manufacturers'warranties,guarantees,instruction sheets and parts lists,which are furnished with certain articles of materials incorporated in the work, shall be delivered to the Engineer before acceptance of the contracts. The Engineer may inspect the production of material, or the manufacture of products at the source of supply. Plant inspection,however,will not be undertaken until the Engineer is assured of the cooperation GP-6 &nbsp; &nbsp; Page 387 and assistance of both the Contractor and the material producers. The Engineer or his authorized representative shall have free entry at all times to such parts of the plant as concerns the manufacture or production of the materials. Adequate facilities shall be furnished free of charge to make the necessary inspection. The City assumes no obligation to inspect materials at the source of supply. 4-1.4 TEST OF MATERIALS. The first paragraph shall be deleted and replaced with the following paragraphs: Before incorporation in the Work,the Contractor shall submit samples of materials,as the Engineer may require, at no cost to the Agency. The Contractor, at its expense, shall deliver the materials for testing to the place and at the time designated by the Engineer. Except as elsewhere specified, the City will bear the cost of testing material and/or workmanship,which meet or exceed the requirements indicated in the Standard Specifications and the Special Provisions. The cost of all other tests, including the retesting of material or workmanship that fails to pass the first test, shall be borne by the Contractor. The Contractor shall at his expense furnish the City, in triplicate, certified copies of all required factory and mill test reports. Any materials shipped by the Contractor from a factory or mill prior to having satisfactorily passed such testing and inspection by a representative of the City shall not be incorporated in the work, unless the Engineer shall have notified the Contractor, in writing, that such testing and inspection will not be required. 4-1.5 CERTIFICATE OF COMPLIANCE. Add the following paragraphs at the end of the subsection: A Certificate of Compliance shall be furnished prior to the use of any materials for which these specifications or the special provisions require that such a certificate be furnished. In addition, when so authorized in these specifications or in the special provisions the Engineer may permit the use of certain materials or assemblies prior to sampling and testing if accompanied by a Certificate of Compliance. The certificate shall be signed by the manufacturer of the material or the manufacturer of assembled materials and shall state that the materials involved comply in all respects with the requirements of the specifications. A Certificate of Compliance shall not relieve the Contractor or responsibility for incorporating material in the work which conforms to the requirements of the plans and specifications, and any such material not conforming to such requirements will be subject to rejection whether in place or not. The City reserves the right to refuse to permit the use of material on the basis of a Certificate of Compliance. The form of the Certificate of Compliance and its disposition shall be as directed by the Engineer. GP-7 &nbsp; &nbsp; Page 388 SECTION 5—UTILITIES 5-1 LOCATION 5-1.1 GENERAL. Add the following after the first paragraph: The location and existence of any underground utility or substructure was obtained from a search of available records. No guarantee is made or implied that the information is complete or accurate. It shall be the Contractor's responsibility alone to determine the exact location of underground utilities or substructures of every nature and to protect them from damage. The Contractor shall excavate and expose all high-risk underground facilities. The Contractor shall notify the owners of all utilities and substructures as set forth in these Special Provisions. 5-1.2 PAYMENT. The text of the subsection shall be deleted and replaced with the following: Any utility locations that are indicated on the plans to be potholed prior to construction will be paid for at the unit cost bid in the proposal. For all other utilities, if no pay item is provided, full compensation for such work shall be considered as included in the prices bid for other items of work. 5-4 RELOCATION Add the following paragraph at the end of the subsection: Any facilities to be relocated by the Contractor, as indicated on the plans, shall be relocated in a workmanlike manner. All such work shall be done only at such times which are acceptable to the owner. The Contractor shall schedule his relocation work in cooperation with the owner and shall be responsible for any costs resulting from the Contractor's failure to do the work at times which are acceptable to the owner. The Contractor shall notify owners as least two (2) working days in advance of any work on any of their utilities. The following subsection shall be added: 5-7 UTILITY CONNECTION For utility connections to City owned facilities, the Contractor shall take all action necessary to ensure that such utilities are placed in the City's name. G P-8 &nbsp; &nbsp; Page 389 SECTION 6—PROSECUTION, PROGRESS AND ACCEPTANCE OF THE WORK 6-1 CONSTRUCTION SCHEDULE AND COMMENCEMENT OF WORK 6-1.1 CONSTRUCTION SCHEDULE Add the following paragraphs at the end of this subsection: Prior to the commencement of construction,arrangements will be made by the City for a meeting between the Contractor, the Engineer, Utility Representatives, designers and others as may be involved with the project. The purpose of this meeting is to coordinate the activities of the Contractor within the limits of this contract, review utility conflicts, review scheduling, discuss construction methods and clarify inspection procedures, etc. The Contractor shall submit at this meeting, for approval by the Engineer, the proposed construction schedule. The Contractor shall submit Progress Reports to the Engineer by the tenth day of each month. The report shall include an updated Construction Schedule. Any deviations from the original schedule shall be explained. Progress payments will be withheld pending receipt of any outstanding reports. 6-3 SUSPENSION OF THE WORK 6-3.1 GENERAL. Add the following paragraph following paragraph one: In the event a suspension of work is ordered because of failure on the part of the Contractor to carry out orders given or to perform any provisions of the work, such suspension of work shall not relieve the Contractor of his responsibility to complete the work within the time limit set forth herein and shall not be considered cause for extension of the time for completion,and further,such suspension of work shall not entitle the Contractor to any additional compensation. 6-7 TIME OF COMPLETION 6-7.2 Working Day. The following subsection shall be added: The Contractor's working day activities shall be limited to the hours between 7:00 A.M. and 4:00 P.M., Monday through Friday, excluding recognized City holidays and any City holiday closure period. See Appendix 1 "City Working Day Calendar". The working day shall encompass S hours from start to finish, including clean-up and securing the work site. Deviation from normal working hours will not be allowed without prior consent of the Engineer. Work near schools or located on major arterials may be subjected to additional working hour provisions. In the event work is allowed by the Engineer outside of the normal working hours, at the request of and for the benefit of the Contractor, inspection service fees may be levied against the Contractor at the current rate per hour, plus time and one-half and 15% administration fee, including travel time where applicable,with a minimum hourly charge for four(4) hours. The above charge may also be levied if inspection services are deemed necessary by the Engineer as a matter of public safety or to otherwise ensure the quality of the work. GP-9 &nbsp; &nbsp; Page 390 6-8 COMPLETION,ACCEPTANCE,AND WARRANTY. 6-8.1 COMPLETION. Delete the following from the last sentence: "...and to which liquidated damages will be computed." 6-8.3 WARRANTY. The first paragraph shall be deleted and replaced with the following: All work shall be warranted by the Contractor against defective workmanship and materials for a period of 1 year from the date of the acceptance of the work by the Board. The following shall be added to the end of the second paragraph: In addition, manufacturers'warranties, guarantees, instruction sheets and parts list,which are furnished with articles or materials incorporated in the work, shall be delivered to the Engineer before acceptance of the work by the City. 6-9 LIQUIDATED DAMAGES The last sentence of paragraph one shall be deleted and replaced with the following: For each consecutive calendar day in excess of the time specified in Item 3 of the Contract Agreement, as adjusted in accordance with Subsection 6-6, for completion of the Work, the Contractor shall pay to the Agency, or have withheld from monies due it,the sum of$1,500,00 unless otherwise provided in the Specifications. The last paragraph shall be deleted and replaced with the following: Execution of the Contract shall constitute agreement by the Agency and the Contractor that $1,500.00 per day is the minimum value of the costs and actual damage caused by the failure of the Contractor to complete the Work within the allotted time. Such sum is liquidated damages and shall not be construed as a penalty, and may be deducted from payments due the Contractor if such delay occurs. The following paragraph shall be added at the end of the subsection: The Engineer will set forth in writing the date of Substantial Completion of the work and this will be the date which liquidated damages will be computed. GP-10 &nbsp; &nbsp; Page 391 SECTION 7—RESPONSIBILITIES OF THE CONTRACTOR 7-1 THE CONTRACTOR'S EQUIPMENT AND FACILITIES 7-1.1 GENERAL. The following sentence shall be added to the end of paragraph one: Such equipment and facilities shall meet all requirements of applicable ordinances and laws. 7-2 LABOR 7-2.2 PREVAILING WAGES. The following paragraphs shall be added following paragraph one: The Contractor, and all subcontractors, suppliers and vendors, shall comply with all City, State and Federal orders regarding affirmative action to ensure equal employment opportunities and fair employment practices. Failure to file any report due under said orders will result in suspension of progress payments. The Contractor shall ensure unlimited access to the job site for all equal employment opportunity compliance officers. Particular attention is called to the Labor Code of California, Part 7, Chapter I, Article 2, "Wages,"Article 3,"Working Hours." Attention is also directed to the provisions in Section 1777.5 and 1777.6 of the Labor Code concerning the employment of apprentices by the Contractor or any subcontractor under him. The following subsection shall be added: 7-2.6 JOB SITE NOTICE. Pursuant to the Labor Code, Division 2, Part 7, Chapter 1, Section 1771.4(a)(2),the prime contractor shall post job site notices, as prescribed by regulation, 7-3 INSURANCE The text of this entire subsection, except the last paragraph under subsection 7-3.1 and entire subsection 7-3.3 (Workers'Compensation Insurance),shall be deleted and replaced with the following in accordance to the City's "Contract Agreement": The Contractor shall not commence work under this contract until he has obtained all insurance required hereunder in a company or companies acceptable to the City nor shall the Contractor allow any subcontractor to commence work on his subcontract until all insurance required of the subcontractor has been obtained. The Contractor shall take out and maintain at all times during the life of this contract the following policies of insurance: a. Compensation Insurance: Before beginning work,the Contractor shall furnish to the Engineer a certificate of insurance as proof that he has taken out full compensation insurance for all persons whom he may employ directly or through subcontractors in carrying out the work specified herein, in accordance with the laws of the State of California. Such insurance shall GP-11 &nbsp; &nbsp; Page 392 be maintained in full force and effect during the period covered by this contract. In accordance with the provisions of Section 3700 of the California Labor Code, every contractor shall secure the payment of compensation to his employees.Contractor,prior to commencing work,shall sign and file with the City a certification as follows: "I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for worker's compensation or to undertake self-insurance in accordance with the provisions of that Code, and I will comply with such provisions before commencing the performance of the work of this contract." b. The policy of insurance provided for in subparagraph a, shall contain an endorsement which: (1) Waives all right of subrogation against all persons and entities specified in subparagraph 7-3 d.(2) hereof to be listed as additional insureds in the policy of insurance provided for in paragraph c, by reason of any claim arising out of or connected with the operations of Contractor or any subcontractor in performing the work provided for herein; (2) Provides it shall not be canceled or altered without thirty (30) days' written notice thereof given to City by registered mail. c. For all operations of the Contractor or any subcontractor in performing the work provided for herein, insurance with the following minimum limits and coverage: (1) Public Liability- Bodily Injury (not auto) ...................................$2,000,000 each person; $2,000,000 each accident. (2) Public Liability- Property Damage(not auto) ..........................$1,000,000 each accident; $2,000,000 aggregate. (3) Contractor's Protective-Bodily Injury .....................................$1,000,000 each person; $2,000,000 each accident. (4) Contractor's Protective- Property Damage .............................$1,000,000 each accident; $2,000,000 aggregate. (5) Automobile-Bodily Injury .......................................................$2,000,000 each person; $3,000,000 each accident. (6) Automobile- Property Damage ...............................................$2,000,000 each accident. d. Each such policy of insurance provided for in paragraph c. shall: (1) Be issued by an insurance company approved in writing by City, which is qualified to do business in the State of California. The insurance company shall have a policy holder rating of A or higher and a Financial Class VII or higher established by A.M. Best Company Rating Guide; (2) Name as additional insured the City of Rancho Cucamonga, its elected officiais, officers, GP-12 &nbsp; &nbsp; Page 393 agents and employees, and any other parties specified in the bid documents to be so included: (3) Specify it acts as primary insurance and that no insurance held or owned by the designated additional insureds shall be called upon to cover a loss under said policy; (4) Contain a clause substantially in the following words: "It is hereby understood and agreed that this policy may not be canceled nor the amount of the coverage thereof reduced until thirty (30) days after receipt by City of a written notice of such cancellation or reduction of coverage as evidenced by receipt of a registered letter." (5) Otherwise be in form satisfactory to City. e. The Contractor shall at the time of the execution of the contract present the original policies of insurance required in paragraphs a. and c. hereof, or present a certificate of the insurance company showing the issuance of such insurance, and the additional insureds and other provisions required herein. Refer to Appendix Item 2 of the Special Provisions for an example of an approved set of Certificates of Insurance. The"Name(s),Organization(s)and/or Political Subdivision(s)"in the "Additional Insured..."endorsement form(s)and in the "Waiver..."endorsement form(s) must be worded exactly as shown in the example. Generic "Blanket" endorsements are not acceptable. 7-5 PERMITS The entire text of Subsection 7-5 is deleted and replaced with the following: Prior to the start of any work, the Contractor shall obtain the applicable City permits and make arrangements for City inspections. The City will issue the permits at no charge to the Contractor. The Contractor and all subcontractors shall each obtain a City business license,and shall be licensed in accordance with State Business and Professions Code. The Contractor shall also obtain any and all other permits, licenses, inspections, certificates, or authorizations required by any governing body or entity. The Contractor shall submit a Temporary Use Permit application to the Code Enforcement Office of the Planning Division of the City before utilizing a temporary construction storage site. The application shall state the site's intended use and include a map showing the location of the temporary storage area in relation to the project area along with proposed ingress and egress routes. Permit submittal information can be obtained from Code Enforcement, (909) 477-2720. In the event that the City has obtained permits, licenses or other authorizations applicable to the work from other agencies, the Contractor shall comply with the provisions of said permits, licenses and other authorizations. Any charges for permit fees, licenses, inspection fees, certificates, insurance, authorizations, bonds that are required by any other governing body entity, utilities, railroads, agency shall be paid for by the Contractor. The actual costs of these charges to the Contractor shall be reimbursable by the City. GP-13 &nbsp; &nbsp; Page 394 7-6 THE CONTRACTOR'S REPRESENTATIVE The following paragraphs shall be added following paragraph one: The Contractor shall file with the Engineer the addresses and telephone numbers where he or his designated representative may be reached during hours when the work is not in progress, so that 24- hour,7-days-a-week contact can be maintained. Instructions and information given by the Engineer to the Contractor's authorized representative or at the address or telephone numbers filed in accordance with this section shall be considered as having been given to the Contractor. 7-8 WORK SITE MAINTENANCE 7-8.3 NOISE CONTROL. The text of the subsection shall be deleted and replaced with the following: Noise generated from the Contractor's operations shall be controlled as specified by City Ordinance.The use of excessively loud warning signals shall be avoided except in those cases required for the protection of personnel. 7-8.6.2 BEST MANAGEMENT PRACTICES(BMPs). The following is added after the first sentence in the second paragraph as follows: Best Management Practices relevant to the Work shall be in accordance with the current California Stormwater Quality Association (CASQA) BMP Handbook as needed and/or otherwise directed by the Engineer.The contractor shall implement and maintain BMPs relevant to the scope of work. 7-8.6.3 STORM WATER POLLUTION PREVENTION PLAN(SWPPP). The following shall be added after the first paragraph: Projects subject to requirements of General Permit for Discharges associated with Construction and Land Disturbance Activities(Order NO.2009-0009-DWQ NPDES NO.CAS000002) The contractor shall follow all requirements in Order NO. 2009-0009-DWQ, NPDES NO. CAS000002. This General Permit regulates discharges of pollutants in storm water associated with construction activity(storm water discharges) to waters of the United States from construction sites that disturb one or more acres of land surface, or that are part of a common plan of development or sale that disturbs more than one acre of land surface. Contractor is not responsible for filing a Notice of Intent (NOI) for Permit coverage or a Notice of Termination (NOT) at project end. City staff will file a NOI for permit coverage and file a(NOT)at the end of the project. (See General Construction Storm Water Permit PDF: https://www.waterboards.ca.gov/water_issues/prop rams/stormwater/docs/constpermits/wgo_20090009_comp fete. df). A requirement of the Permit is the discharger shall develop a Storm Water Pollution Prevention Plan (SWPPP). The discharger shall ensure that the SWPPP for all sites are developed and amended or revised by a Qualified SWPPP Developer(QSD).Also, the discharger shall ensure that Best Management Practices(BMPs)within the SWPPP are implemented by a Qualified SWPPP Practitioner(QSP).(See SWPPP Training Qualifications and Requirements PDF: GP-14 &nbsp; &nbsp; Page 395 https://www.waterboards.ca.gov/water issues/programs/stormwater/docs/constpermits/wgo_20090009_comp lete.pdf#page=49).The SWPPP shall be designed to address the following objectives: 1. All pollutants and their sources, including sources of sediment associated with construction, construction site erosion and all other activities associated with construction activity is controlled; 2. Where not otherwise required to be under a Regional Water Board permit,all non-storm water discharges are identified and either eliminated, controlled, or treated; 3. Site Best Management Practices (BMPs) are effective and result in the reduction or elimination of pollutants in storm water discharges and authorized non-storm water discharges from construction activity to the Best Available Technology Economically Achievable/Best Conventional Pollutant Control Technology standard (BAT/BCT standard); 4. Calculations and design details as well as BMP controls for site run-on are complete and correct,and 5. To demonstrate compliance with requirements of this General Permit, the QSD shall include information in the SWPPP that supports the conclusions, selections, use,and maintenance of BMPs. 6. Stabilization BMPs installed to reduce or eliminate pollutants after construction is complete. 7-8.6.5. PAYMENT. The entire text of the subsection is deleted and replaced with the following: Unless otherwise specified in the bid, payment for implementation and maintenance of BMP's and SWPPP, and for dewatering shall be considered as included in the Contract Unit Price for each item in the Bid. 7-9 PROTECTION AND RESTORATION OF EXISTING IMPROVEMENTS The second paragraph is deleted and replaced with the following paragraphs: The Contractor shall relocate, repair, replace or reestablish all existing improvements within the project limits which are not designated for removal (e.g., curbs, sidewalks, driveways, fences, walls, irrigation systems, signs, utility installations, pavements, structures, landscaping etc.) which are damaged or removed as a result of his operations or as required by the Plans and Specifications. Damaged or removed landscape, hardscape, irrigation systems, etc. outside project limits shall be replaced or repaired and returned to service within 72 hours except as directed by the Engineer. Where existing traffic striping, pavement markings, and curb markings are damaged or their reflectivity reduced by the Contractor's operations, such striping or markings shall also be considered as existing improvements and the Contractor shall repaint or replace such improvements. Relocations, repairs, replacements or re-establishments shall be at least equal to the existing improvements and shall match such improvements in finish and dimensions unless otherwise specified. GP-15 &nbsp; &nbsp; Page 396 The last paragraph is deleted and replaced with the following: All costs to the Contractor for protecting, removing, restoring, relocating, repairing, replacing, or re- establishing existing improvements shall be included in the Bid. 7-10 SAFETY The following subsections shall be added: 7-10.1 ACCESS 7-10.1.1 GENERAL. The Contractor shall notify the occupants of all affected properties at least seventy-two hours prior to any temporary obstruction of access. Vehicular access to property line shall be maintained except as required for construction for a reasonable period of time. No overnight closure of any driveway will be allowed except as permitted by the Engineer. At least one twelve-foot-wide traffic lane shall be provided for each direction of travel on all streets at all times except as permitted by the Engineer. The traffic lanes shall be maintained on pavement, and shall remain unobstructed. Clearances from traffic lanes shall be five feet to the edge of any excavation and two feet to the face of any curb, pole, barricade,delineator, or other vertical obstruction. 7-10.2 WORK AREA TRAFFIC CONTROL 7-10.2.1 GENERAL. The Contractor shall prepare a permit application for street closure and shall attach two copies of the proposed traffic control signing, barricading and/of detour routing. The permit application and accompanying attachments shall be reviewed by the City Traffic Engineer. Upon the Traffic Engineer's approval, a no-fee Street Closure Permit shall be issued. No Street Closure, Lane Closure, Detour or other work requiring traffic control shall commence prior to issuance of said permit. The Contractor shall provide and install barricades, delineators, warning devices and construction signs in accordance with the current California Manual on Uniform Traffic Control Devices (CA MUTCD),the Work Area Traffic Control Handbook (WATCH) and the current Caltrans Manual of Traffic Controls for Construction and Maintenance Work Zones unless otherwise approved by the Engineer. During adverse weather or unusual traffic or working conditions additional traffic devices shall be placed as directed by the Engineer. Should the Contractor fail to furnish a sufficient number of traffic and/or pedestrian safety devices, the City will place such necessary items and the Contractor shall be liable to the City for providing such devices in accordance with the following provisions: 1. Rental Rates A. Type I or II Barricades - $5.00 per barricade for the first day or any part thereof and $2.00 per barricade per day for each day thereafter or any part thereof. GP-16 &nbsp; &nbsp; Page 397 B. Type III Barricades - $15.00 per barricade for the first day or any part thereof and $5.00 per barricade per day for each day thereafter or any part thereof. C. Flashers-$5.00 per flasher for the first day or any part thereof and$2.00 per flasher per day for each day thereafter or any part thereof. D. Construction Signs - $5.00 per construction sign for the first day or any part thereof and $2.00 per construction sign per day for each day thereafter or any part thereof. E. Cones-$1.00 per cone for each day or any part thereof. 2. Replacement Charges A. Type I or II Barricades-$20.00 per Type I or II barricade that is lost or damaged. B. Type III Barricades-$100.00 per Type III barricade that is lost or damaged. C. Flasher-$15.00 per flasher that is lost or damaged. D. Signs-$30.00 per sign that is lost or damaged. E. Cones-$5.00 per cone that is lost or damaged. 3. Service Charges A. Service trips between the hours of 7:00 A.M. and 3:00 P.M. - $30.00 per hour, two hours minimum each service trip. B. Service trips between the hours of 3:00 P.M. and 7:00 A.M., or any time on Saturday, Sunday, or a City Holiday-$35.00 per hour, two hour minimum each service trip. Judgment as to adequate or sufficient barricading shall be that which is adequate or sufficient in the opinion of the Engineer. The Contractor shall relocate, preserve and maintain the visibility of all existing signs within the project limits which affect the flow of traffic,as directed by the Engineer. Any signs which are damaged or found to be missing during the course of construction shall be replaced by the Contractor at his expense as directed by the Engineer. All other signs that interfere with the course of work and are not necessary for the safe flow of traffic will be removed and replaced by the City. Traffic control signs include Stop Signs,Speed Limit, Parking Restriction and other regulatory signs. The Contractor shall not close any street within the City of Rancho Cucamonga without first obtaining the approval of the Engineer. Lane closures on four lane streets shall be restricted to between the hours of 8:30 AM and 4:00 PM. 7-10.2.2 PAYMENT. Payment for preparing and performing all work necessary to provide work area traffic control or compliance with the provisions of the public safety and all other laws, ordinances, and regulations shall be included in the various bid items except where separate bid items for traffic control are provided or required by law. GP-17 &nbsp; &nbsp; Page 398 7-10.4 SAFETY. 7-10.4.2 SAFETY ORDERS. 7-10.4.2.3 Payment. The entire text of the subsection is deleted and replaced with the following: Payment for performing all work necessary to provide safety measures or compliance with the provisions of the safety orders and all other laws, ordinances, and regulations shall be included in the various bid items, except where separate bid items for excavation safety are provided or required by law. The following subsection shall be added: 7-10.4.7 PROTECTION OF PUBLIC. Whenever the construction occurs within a developed residential area and/or through a school site, the Contractor shall take all necessary precautions to protect the public,especially children,from the hazards of open excavations. Trenches shall either be covered or adequately fenced at night and on weekends or whenever operations are not in actual process. Unusual conditions may arise on the project, which will require that immediate and unusual provision be made to protect the public from danger or loss or damage to life and property,due directly or indirectly to the progression of the work. It is part of the service required of the Contractor to make such provisions and to furnish such protection. The Contractor shall use such foresight and shall take such steps and precautions as his operations make necessary to protect the public from danger or damage, or loss of life or property, which would result from the interruption or contamination of public water supply, irrigation or other public service or from the failure of partly completed work. Whenever, in the opinion of the City, an emergency exists against which the Contractor has not taken sufficient precaution for the safety of the public or the protection of utilities or of adjacent structures or property or if immediate action shall be considered necessary in order to protect public or private personnel or property interest,or prevent likely loss of human life or damage on account of the operations under the contract, then and in that event the City may provide suitable protection to said interest by causing such work to be done and material to be furnished, as, in the opinion of the City may seem reasonable and necessary. The cost and expense of said labor and material together with the cost and expense of such repairs as may be deemed necessary shall be borne by the Contractor,and if he shall not pay said cost and expense upon presentation of the bills therefore, duly certified by the Engineer, then said costs and expense will be paid by the City and shall thereafter be deducted from any amounts due, or which may become due said Contractor. Failure of the City, however, to take such precautionary measure, shall not relieve the Contractor of his full responsibility for public safety. GP-18 &nbsp; &nbsp; Page 399 The following subsection shall be added: 7-10.6 STORAGE OF EQUIPMENT AND MATERIALS IN PUBLIC STREETS. Construction materials shall not be stored in streets, roads, or highways. All materials or equipment not installed or used in construction shall be stored elsewhere by the Contractor at their expense. Construction equipment shall not be stored at the work site. Time necessary for repair or assembly of equipment may be authorized by the Engineer. Excavated material,except that which is to be used as backfill in the adjacent trench, shall not be stored in public streets. After placing backfill, all excess material shall be removed immediately from the site. The storage of materials is not permitted under bridges. 7-13 LAWS TO BE OBSERVED The following paragraphs shall be added after paragraph one: If a discrepancy or inconsistency is discovered in the Plans, Drawings, Specifications or Contract for the work in relation to any such law, ordinance, regulation, order or decree, the Contractor shall forthwith report the same to the Engineer in writing. Per City Municipal Code Section 8.17.050/8.19.051, if the Contractor finds it necessary to make use of a refuse hauling service,only the City Franchised Hauler shall be used. Contact Burrtec Waste Industries at(909)987-3717. The following subsection shall be added: 7-15 PAYROLL RECORDS The Contractor and each of his subcontractors shall prepare payrolls on forms prescribed and in accordance with instructions furnished by the City. Within seven(7)days after the regular payment date of the payroll, the Contractor shall deliver to the City a certified and legible copy of each payroll. Such payroll shall be sworn to in accordance with the federal regulations made pursuant to the "Kick Back Statute." Such copies of payrolls shall be accompanied by substantial proof that all bills for services rendered and materials supplied have been duly paid for. The Contractor shall not carry on his payroll any person not employed by him. Employees of a subcontractor must be carried on the rolls of the employing subcontractor. This project is subject to compliance monitoring and enforcement by the Department of Industrial Relations. For all new projects awarded on or after April 1, 2015, the contractors and subcontractors must furnish electronic certified payroll records to the Labor Commissioner. The requirement to furnish electronic certified payroll records to the Labor Commissioner will apply to all public works projects, whether new or ongoing, beginning January 1,2016. GP-19 &nbsp; &nbsp; Page 400 Each Contractor or Subcontractor shall preserve his weekly payroll records for a period of three(3)years from the date of the acceptance of the work by the Board. The payroll records shall set out accurately and completely the name, address, social security number, occupational classification,and hourly wage rate of each employee, hours worked by him during the payroll period, and full weekly wages earned by him, any deductions made from such weekly wages,and the actual weekly wages paid to him. Such payroll records shall be made available at all times for inspection by the City or its authorized representatives. The Contractor agrees that, in case of underpayment of wages to any worker on the project under this contract by the Contractor or any subcontractor, the City shall withhold from the Contractor out of payments due,an amount sufficient to pay such worker the difference between the wages required to be paid under this contract and the wages actually paid such worker for the total number of hours worked and that the City may disburse such amount so withheld by it for and on account of the Contractor to the employee to whom such amount is due. The Contractor further agrees that the amount to be withheld pursuant to this paragraph may be in addition to the percentages to be retained by the City pursuant to other provisions of this contract. G P-20 &nbsp; &nbsp; Page 401 SECTION 8—FACILITIES FOR AGENCY PERSONNEL The provisions of this section shall be deleted and replaced with the following: Field offices for City personnel are not required; however, City personnel shall have the right to enter upon the project at all times and shall be admitted to the offices and sanitary facilities provided by the Contractor for use by his own personnel. G P-21 &nbsp; &nbsp; Page 402 SECTION 9—MEASUREMENT AND PAYMENT 9-3 PAYMENT 9-3.1 GENERAL. The following paragraphs shall be added at the end of the subsection: Whenever the Contractor is required to perform work or furnish equipment, labor, tools and materials of any class for which no price is fixed in the Proposal, it shall be understood that such work, equipment, labor,tools and material shall be provided without extra charge,allowance,or direct payment of any kind. The cost of performing such work or furnishing such equipment, labor, tools and materials shall be included in the unit bid prices in the proposal and no additional compensation will be made, therefore. If any portion of the work done or materials furnished under the Contract shall prove defective or not in accordance with the specifications and contract drawings, and if the imperfection in the same shall not be of sufficient magnitude or importance to make the work dangerous or undesirable, the Engineer shall have the right and authority to retain the work instead of requiring it to be removed and reconstructed, but he shall make such deductions therefor in the payment due the Contractor as may be just and reasonable. 9.3.2 PARTIAL&FINAL PAYMENT. Paragraph two shall be deleted and replaced with the following paragraph: On the workday following the designated closure date for preparation of progress estimates, the Contractor shall submit to the Engineer a written progress estimate based on the Contract Unit Prices or as provided for in Subsection 92 of the work that has been satisfactorily completed. The Engineer will review the estimate and approve it or notify the Contractor of any exceptions. The Engineer will determine and prepare the partial and final payments. If the Contractor fails to submit a written progress estimate, the Engineer will determine the quantity of work performed. No such progress estimate will be required nor payment will be made when the total number of working days is twenty-five (25) or less or when the value of the work totals less than five hundred dollars ($500.00). Progress payment will, when properly completed as specified,be paid within 30 calendar days of submittal,and it is understood that any delay in the preparation, approval and payment of these demands will not constitute a breach of contract on the City. 9-3.3 DELIVERED MATERIALS. The text of this subsection shall be deleted and replaced with the following: Materials and equipment delivered but not incorporated into the work will not be included in the estimate for progress payment. 9-3.4 MOBILIZATION The text of this subsection shall be deleted and replaced with the following: Mobilization shall consist of all necessary work including but not limited to those necessary for the movement of personnel, equipment, supplies, securing all permits/approvals and licenses, paying all less, preparatory work and operations, and incidentals to the project site; for the establishment of all offices,building and other facilities necessary for the work on this project;and for all other work operations GP-22 &nbsp; &nbsp; Page 403 which must be performed or cost incurred without other pay items on the various contract items on the project site. Re-mobilizations from street to street and as needed in all other circumstances by the Contractor's operations, work sequencing, revised work sequencing, scheduling, revised schedules and for all work shall be included in various other pay items. No separate payment or change orders will be allowed for any re-mobilizations related to additive work shall be included in the additive work pay items. Mobilization and Demobilization as necessary by the scope of work shall also include all costs required by the contract and included in the Bid item.When no such Bid item is provided, payment for such costs will be considered to be included in the other items of work. G P-23 &nbsp; &nbsp; Page 404 PART 2 CONSTRUCTION MATERIALS SECTION 200-ROCK MATERIALS 200-1 ROCK PRODUCTS 200-1.4 COARSE AGGREGATE FOR PORTLAND CEMENT CONCRETE. The Cleanness Value requirement shall be replaced with the following: Tests Test Method Requirements Cleanness Value California 227 Individual Test 70 Min. Moving Average 75 Min. 200-1.5 SAND 200-1.5.3 SAND FOR PORTLAND CEMENT CONCRETE. The Sand Equivalent requirement shall be replaced with the following: Tests Test Method Requirements Sand Equivalent California 217 Individual Test 70 Min. Moving Average 75 Min. 200-2 UNTREATED BASE MATERIALS 200-2.1 GENERAL. The first paragraph shall be deleted and replaced with the following: Untreated base shall be Crushed Miscellaneous Base. The following paragraph shall be added following paragraph 2: The gradation and sand equivalent requirements of subsections 2002.2,200-2.3,200-2.4, 200-2.5 and 200-2.6 shall be the moving average requirements. Individual test requirements shall be determined by the Engineer. 200-2.2.3,200-2.4.3 AND 200-2.8.4 QUALITY REQUIREMENTS. The following paragraph shall be added at the end of each subsection: The minimum R-Value requirement will not be waived. MA-1 &nbsp; &nbsp; Page 405 The following subsection shall be added: 200-2.9 DECOMPOSED GRANITE 200-2.9.1 GENERAL. Decomposed granite is derived from the crushing and screening of naturally friable granite, commonly known as decomposed granite gravel. The material shall be reddish-brown in color. 200-2.9.2 GRADING. The granite shall be screened to include stone particle 3f8" or 1/4" minus down to fine particles. The sand equivalent of the material shall be in the range of 30 — 50. The R-value shall be a minimum of 70. The percentage composition by weight shall conform to Table 200-2.8.2(A). TABLE 200-2.8.2(A) Sieve Size Percent Passing 112" 100 3/8" 90—100 No.4 50—100 No. 30 25—55 No, 100 10—20 No, 200 5-18 MA-2 &nbsp; &nbsp; Page 406 SECTION 201 -CONCRETE,MORTAR AND RELATED MATERIALS 201-1 PORTLAND CEMENT CONCRETE 201-1.1 REQUIREMENTS 201-1.1.1 GENERAL. The following paragraph shall be added following the last paragraph: The Contractor shall furnish the Engineer with a copy of the mix design to be used and with a legible certified weight-master's certificate for each load of P.C.C. delivered to the project. Portland Cement Concrete delivered to the project site having a water content and/or slump greater than that specified in the mix design shall be rejected and removed from the project site. MA-3 &nbsp; &nbsp; Page 407 PART 3 CONSTRUCTION METHODS SECTION 300—REMOVALS AND EARTHWORK 300-1 REMOVALS 300-1.1 CLEARING AND GRUBBING 300-1.1.1 GENERAL. The following paragraph shall be added at the end of the section: Clearing and grubbing limits shall extend to any areas of work outside the right-of-way that are shown on the plans. 300-1.4 PAYMENT. The following paragraph shall be added after the first paragraph: When the removal and disposal of materials are listed separately in the bid, payment for removal and disposal of said materials shall be made at the contract Unit Price as shown. Payment shall include full compensation for furnishing all labor, materials, tools, equipment and incidentals and for doing all work involved in said removal and disposal. 300-2 UNCLASSIFIED EXCAVATION 300-2.7 SELECTED MATERIAL. Replace this subsection with the following: Selected materials encountered in excavations within the project limits that meet the specifications for base material, trench bedding or backfill, topsoil or other specified materials shall be used as shown on the Plans,in the Specifications,or as directed by the Engineer. Topsoil excavated may be considered only for the purpose of backfilling areas to be planted. 300-4 UNCLASSIFIED FILL 300-4.1 GENERAL. Add the following at the end of paragraph two: or in areas to be landscaped. ME-1 &nbsp; &nbsp; Page 408 SECTION 301 —TREATED SOILS,SUBGRADE PREPARATION AND PLACEMENT OF BASE MATERIALS 301-1 SUBGRADE PREPARATION The following subsection shall be added: 301-1.6.1 ADJUSTMENT OF METER AND VALVE BOXES AND SURVEY MONUMENT COVERS TO GRADE. Meter and valve boxes and covers within the area to be paved or graded shall be set to finish grade by the Contractor as required by the Plans and Specifications. In the case of Portland cement concrete paving, the meter and valve box cover shall be set to finish grade prior to paving. 301-1.7 PAYMENT. Add the following paragraph to the end of the subsection: Payment for adjustment of meter and valve boxes and covers to grade shall be included in the irrigation bid price. The price will include all labor, materials, hardware, tools and incidentals and coordination for inspection by the owner and no additional compensation will be allowed,therefore. ME-2 &nbsp; &nbsp; Page 409 SECTION 303-CONCRETE AND MASONRY CONSTRUCTION 303-1 CONCRETE STRUCTURES 303-1.2 SUBGRADE FOR CONCRETE STRUCTURES. Paragraph 2 shall be deleted and replaced with the following paragraphs: If the plans and special provisions for the project provide for the construction of gravel base material,and that material will be subgrade for concrete,the Contractor shall furnish 6 mil polyethylene sheeting as a subgrade cover. The placing of steel reinforcement and placement of concrete shall follow the installation of the polyethylene sheeting as closely as possible. The gravel base material shall be kept free from water to prevent any portion of concrete material being deposited in water. No payment will be made for dewatering other than as may be included in the prices bid for the various items of work or when an item for dewatering is provided. The Contractor shall excavate to the subgrade dimensions and grades shown on the plans or as directed by the Engineer. Where a firm foundation is not encountered due to soft, spongy or other unsuitable material, all such unsuitable material shall be removed and replaced with Gravel Base Material, or compacted backfill, at the discretion of the Engineer. 303-1.7 PLACING REINFORCEMENT 303-1.7.1 GENERAL. The following shall be added to the end of paragraph one: Reinforcing steel shall be of the same grade throughout the structure. 303-1.8 PLACING CONCRETE 303-1.8.6 JOINTS. Paragraph one shall be deleted and replaced with the following paragraph: Transverse construction joints shall be placed in all reinforced sections of concrete construction at intervals not less than 10 feet nor more than 50 feet or as designated on the plans. The joint locations shall be similarly located and in the same plane for the entire structure. For concrete thicknesses greater than 6 inches, the joint shall be keyed as directed by the Engineer. The Contractor shall construct, in one continuous concrete placing operation, all work comprised between such joints. Joints shall be kept moist until adjacent concrete is placed. 303-1.9 SURFACE FINISHES. 303-1.11 PAYMENT. The following paragraph shall be added after the first paragraph: ME-3 &nbsp; &nbsp; Page 410 When payment for concrete structures is based on the unit price per each, such payment shall include full compensation for furnishing all labor, materials (including reinforcing steel), tools and equipment and doing all work required to construct the structure in conformity with the Plans and Specifications. 303-5 CONCRETE HEADERS, CURBS, WALKS, GUTTERS, CROSS GUTTERS, ALLEY INTERSECTIONS,ACCESS RAMPS,AND DRIVEWAYS. 303-5.1 REQUIREMENTS 303-5.1.1 GENERAL. The second paragraph shall be deleted and replaced with the following paragraphs: The thickness of headers, sidewalks, gutters, cross gutters, alley intersections, access ramps and driveway aprons shall be as shown on the City Standard Plans or improvement plans. Areas of Miscellaneous Concrete adjacent to or behind sidewalks and driveways shall be considered as a walk for the purpose of these specifications. No concrete shall be ordered and/or poured until the forms and subgrade have been inspected and approved by the Engineer in the field. All pullboxes, water meter boxes and water valve covers shall be adjusted to proposed finish grade and approved by the Engineer in the field prior to placement of the concrete: i.e.,curbs,walks, gutters, etc. ME-4 &nbsp; &nbsp; Page 411 SECTION 306—OPEN TRENCH CONDUIT CONSTRUCTION 306-3 TRENCH EXCAVATION 306-3.1 GENERAL. The second paragraph shall be deleted and replaced with the following: Excavation shall include the removal of all excess excavated materials and all water and materials of any nature which interfere with the construction work. The following paragraph shall be added at the end of the subsection: When the actual elevation or position of any existing pipe, conduit or other underground appurtenance cannot be determined without excavation, the Contractor shall excavate and expose the existing improvement at the location shown on the Plans and any other locations deemed necessary by the Engineer. Such excavation shall be considered as part of the excavation necessary for the work. The Engineer shall be given the opportunity to inspect the existing improvement when it is exposed. Any adjustments in line or grade which may be necessary to accomplish the intent of the Plans shall be made. 306-3.2 REMOVAL OF SURFACE IMPROVEMENTS. The following paragraph shall be added at the end of the subsection: The removal of existing improvements shall be considered a part of the items of work,the construction of which requires the removal of existing improvements, unless a specific item is provided therefor. 306-3.5 MAXIMUM LENGTH OF OPEN TRENCH. The first paragraph shall be deleted and replaced with the following: Except as approved by the Engineer,the maximum length of open trench,where irrigation pipe and/or conduit is used, shall be the distance necessary to accommodate the amount of pipe/conduit installed in a single day. At the end of each working day there shall be a maximum of 50 feet of open trench. The distance is the collective length of any location, including open excavation, pipe and/or conduit laying and appurtenant construction and backfill which has not been temporarily resurfaced. 306-6 BEDDING. 306-6.1. GENERAL. The last two paragraphs of the subsection shall be deleted, and the following paragraphs added: Bedding shall conform to City Standard Plans. All pervious bedding materials shall have a sand equivalent of not less than 20. The case of bedding to be used shall be as shown on the plans. The trench bottom shall be graded to provide a smooth,straight,firm and stable foundation ME-5 &nbsp; &nbsp; Page 412 at every point throughout the length of the pipe. At each joint in the pipe, the bottom of the trench shall be recessed in such a manner as to relieve the bell or coupling from all load and to insure continuous bearing along the pipe barrel. The recess shall also be large enough to prevent foreign material from entering the pipe. If any trench,through the neglect of the Contractor, is excavated below the grade required by the Plans and these Special Provisions, it shall be refilled to grade with additional bedding. The excess excavation and the additional bedding shall be at the Contractor's expense. Additional bedding shall be crushed aggregate base. Except as specified otherwise, trench bedding shall be densified in accordance with the relative compaction requirements of City Standard Plans. 306-6.5 PLACEMENT AND COMPACTION 306-6.5.1. GENERAL. The following paragraph shall be added at the end of the subsection: The method of densification shall be approved by the Engineer. ME-6 &nbsp; &nbsp; Page 413 PART 8 LANDSCAPING AND IRRIGATION MATERIALS SECTION 800—MATERIALS 800-1 LANDSCAPE MATERIALS 800-1.1 TOPSOIL 800-1.1.1 GENERAL. The following paragraph shall be added following paragraph 1: Topsoil material unless otherwise designated shall be class C. 800-1.1.2 CLASS"A"TOPSOIL. Paragraph 2 shall be deleted,and the following paragraphs inserted in the place thereof: At least 15 days before scheduled use, the proposed source of topsoil must be submitted to the Engineer for approval. The Contractor shall submit a written request for approval which shall be accompanied by a written report of a testing agency registered by the State for agricultural soil evaluation which states that the proposed source complies with these specifications. Class A topsoil shall consist of a natural, fertile, friable, sandy loam soil having the characteristics of representative soils in the vicinity which produce heavy growth of crops, grasses, or other vegetation and shall be obtained from natural well drained area. Before removal of the topsoil, the surface at the source of supply is to be stripped to a depth of two inches in order to remove weed seeds, roots, etc. The source of topsoil shall be free from Bermuda grass,crab grass and all noxious weeds or grasses. The topsoil shall be free from subsoil, refuse, heavy roots, clay lumps, stones larger than one inch in size, noxious weeds, sticks, brush, litter and other deleterious substances. In no case shall there be more than five percent by volume of the following: stones smaller than one-inch,coarse sand, and small clay lumps. It shall not be infested with nematodes or other undesirable insects or plant disease organisms. The soil shall be free from insoluble carbonates and shall have the following analysis, which shall be verified by a soil analysis made by the City. pH -............................................maximum of 7.0;minimum of 6.0 ECo...........................................................zero to three maximum (electrical conductivity) ESp.........................................................zero to twelve maximum (exchangeable sodium percentage) The soil shall be subject to inspection at the source of supply prior to delivery. LA-1 &nbsp; &nbsp; Page 414 800-1.2 SOIL FERTILIZING AND CONDITIONING MATERIALS 800-1.2.1 GENERAL. The following paragraphs shall be added following paragraph 2: Organic Fertilizers and Soil Conditioners shall be comprised of decomposed animal and vegetable matter having been processed and composed to support bacterial culture. A bacterial stimulator shall be included. A guaranteed analysis shall contain 5% Nitrogen, 3%Phosphate, 1%Potash,50%Humus, 15% Humic Acid. No fertilizer or conditioner etc. shall contain any unprocessed poultry,animal or human waste. 800-1.2.3 COMMERCIAL FERTILIZER. The following paragraphs shall be added following paragraph 1: Commercial Fertilizers shall be delivered in sacks with the manufacturer's label showing weight and analysis attached to each sack. 800-1.2.4 ORGANIC SOIL AMENDMENT. Paragraph 1 shall be deleted and replaced with the following: Organic Soil amendment material shall conform to Type 1 unless otherwise designated. 800-1.2.5 MULCH. Sentence one of paragraph one shall be deleted and replaced with the following: The City will provide 4-inch minus shredded wood chip mulch through our supplier Burrtec. This is the highest grade of mulch Burrtec produces. The mulch will be provided to the contractor at no cost for use on the project; however,the contractor will need to place the order with Burrtec at least two (2) weeks prior to delivery by e-mailing the City's Project Manager the date of delivery and quantity needed, plus pay for delivery. Questions regarding the scheduling and delivery costs can be directed to Michael Heftman at Burrtec, mobile#471-9173; e-mail mheftman@burrtec.com. The following subsection shall be added: 800-1.2.6 SOIL HERBICIDE. A commercially manufactured nonselective herbicide for total control of vegetation products shall meet all federal and state regulations pertaining to the use of such substances. Application and rate of application shall follow manufacturer's recommendations. Application shall not be made until obtaining written approval from the City. 800-1.4 PLANTS 800-1.4.1 GENERAL. Delete the text of this subsection and replace with the following: LA-2 &nbsp; &nbsp; Page 415 A representative number of plants shall be inspected and approved at the nursery by the Engineer prior to shipment to the planting site. Plants shall be inspected for size and condition of root growth,insects, injuries and latent defects. The City reserves the right to reject entire lots of plants represented by defective samples. Plant condition shall be in accordance with the California State Department of Agriculture's regulations for nursery inspections, rules, and grading. All plants shall have a growth habit normal to the species and shall be sound, healthy, vigorous and free from insect pests, plant diseases, sun scalds, fresh bark abrasions, excessive abrasions, or other objectionable disfigurements. Tree trunks shall be sturdy and well"hardened off". All plants shall have normal well-developed branch systems,and vigorous and fibrous root systems, which are neither root- nor pot-bound and are free of kinked or girdling roots. Other than the normal side pruning during the growth period, no pruning shall be done prior to inspection at the nursery. The size of the plants will correspond with that normally expected for species and variety of commercially available nursery stock, or as specified in the drawings. The minimum acceptable size of all plants, measured before pruning with the branches in normal position,shall conform with the measurements, if any, specified on the drawings in the list of plants to be furnished. Plants larger in size than specified may be used with the approval of the CITY, but the use of larger plants will make no change in contract price. Bare root plantings in publicly maintained areas shall be done only with special approval of CITY. The following subsections shall be added: 800-1.4.7 QUANTITIES AND TYPES. Plant materials shall be furnished in the quantities and/or spacing as shown or noted for each location, and shall be of the species, kinds, sizes, etc., as symbolized, and/or described in the "Plant Legend",as indicated on the drawings. The landscape contractor is to verify all sizes and quantities on plans. Installation and use of substitute items shall not be made until the contractor is in receipt of written approval from the CITY. Substitution Proposals for plant material must be accompanied by substantive written proof of nonavailability of material originally specified. 800-1.4.8 HYDROSEED MATERIALS. Fiber shall be produced from cellulose such as wood pulp or similar organic materials and shall be of such character that it will disperse into a uniform slurry when mixed with water. The fiber shall be of such character that,when used in the applied mixture,an absorption of porous mat, but not a membrane, will result on the surface of the ground. Materials which inhibit germination or growth shall not be present in the mixture. Dry powdered muciloid, derived from seed husks shall be used to hold seed in place, promote germination and control erosion, available as Ecology Control MBinder or equal. LA-3 &nbsp; &nbsp; Page 416 Fertilizer shall be pelleted or granular form and shall comply with the chemical analysis specified above. The fertilizer shall be thoroughly mixed and incorporated in the hydro mulching slurry. 800-1.5 HEADERS,STAKES AND TIES. 800-1.5.3 TREE STAKES. The first paragraph shall be replaced with the following: Tree stakes shall be sharpened 2" diameter lodgepole pine, treated in accordance with section 204-2.2. Stake length shall be 10' long (12' long for Eucalyptus trees) and shall be free from splits. The third paragraph shall be replaced with the following: Deadman stake shall be either 2 X 4-inch (50 X 100mm) redwood or 3/4-inch (19mm) diameter steel pipe 3 feet(1 mm)long. Covers for wire shall be 1/2-inch (13mm)minimum diameter or 1/2-inch ultraviolet P.V.C.tubing. The following paragraph shall be added at the end of the subsection: A minimum of three(3) supporting tree ties or guy anchors shall be used for each tree. 800-2 IRRIGATION SYSTEM MATERIALS 800-2.1 PIPE AND FITTINGS 800-2.1.1 GENERAL. The following paragraph shall be added at the end of the subsection: The manufacturer's directions and detail drawings shall be followed unless directed by the Engineer or shown differently in the plans and specifications. 800-2.1.3 PLASTIC PIPE FOR USE WITH SOLVENT WELD SOCKET OR THREADED FITTINGS. Add the following before the first paragraph: General. Use only new materials of brands and types noted on drawings,specified herein, or approved equals. Paragraph 2 shall be deleted and replaced with the following: P.V.C.Pressure Main Line Pipe and Fittings shall be Class 315 P.V.C.with solvent welded joints for pressure main pipes 2" and larger and P.V.C. schedule 40 with solvent welded joints for pressure main piping of lessor diameter. P.V.C, schedule 40 solvent welded piping shall be used for all nonpressure lateral line piping. The following paragraphs shall be added at the end of the subsection: LA-4 &nbsp; &nbsp; Page 417 All P.V.C. pipe must bear the following markings: 1. Manufacturer's name 2. Nominal pipe size 3. Schedule or class 4. Pressure rating in P.S.I. 5. NSF(National Sanitation Foundation) approval 6. Date extrusion 7. U.P.C. shield logo (IAPMO approval) All fittings shall bear the manufacturer's name or trademark, material designation, size, applicable I.P.S. schedule and NSF seal of approval, Solvent cement and primer for P.V.C. solvent weld pipe and fittings shall be of type recommended by the manufacturer, and shall follow installation methods prescribed by the pipe manufacturer. 800-2.2 VALVES AND VALVE BOXES 800-2.2.2 GATE VALVES. The text of this subsection shall be deleted and replaced with the following: Valves shall be of the size, type and capacity designated on the plans or in the specifications. 800-2.2.4 REMOTE CONTROL VALVES. Add the following after paragraph number one: Valves shall be of the size, type and capacity designated on the plans or in the specifications. 800-2.2.6 QUICK-COUPLING VALVES AND ASSEMBLIES. The text of this subsection shall be deleted and replaced with the following paragraph: Valves shall be of the size, type and capacity designated on the plans or in the specifications. 800-2.2.7 VALVE BOXES. Delete the first paragraph and replace with the following: Valve boxes and lids shall be of the size and type designated on the plans or in the specifications. Pull boxes shall be stenciled on top with 2" white letters "I.F.S." (Irrigation Field Splices) for recognition. LA-5 &nbsp; &nbsp; Page 418 The following subsection shall be added: 800-2.2.8 MASTER CONTROL VALVES. The master control valve manufacturer and size shall be as designated on plans or in the specifications. 800-2.3 BACKPLOW PREVENTER ASSEMBLY Add the following after paragraph number one: Unless otherwise instructed by the City Inspector said backflow assemblies shall consist of a brass reduced pressure/backflow prevention device with"Wye"strainer and 60 mesh screen as designated on the plans or in the specifications. 800-2.4 SPRINKLER EaUIPMENT The text of this subsection shall be deleted and replaced with the following: Irrigation bodies and nozzles shall be as indicated on the plans or in the specifications. Substitutions shall not be allowed unless by written authorization from the City Inspector. Irrigation bodies and nozzles shall feature low head drainage, pressure regulating and pressure compensating features. Unless otherwise approved, all popups and fixed riser assemblies shall consist of plastic and stainless-steel materials. Smaller radii turf irrigation equipment shall consist of 6" popups. All smaller radii; shrub and ground cover irrigation equipment shall consist of 12" popups, unless otherwise approved by the City. Smaller radii equipment are those components which irrigate within and under a radius of twenty-two feet. Large radius heads (between 22 feet and 60 feet) shall consist of popups plastic and stainless steel,gear driven rotors with matches precipitation nozzles and adjustable radius patterns. 800-3 ELECTRICAL MATERIALS 800-3.2 CONDUIT AND CONDUCTORS 800-3.2.1 CONDUIT. Replace paragraph 1 with the following: Unless otherwise shown on the plans or in the specifications, conduits shall be schedule 40 P.V.C. pipe in the size called for on the plans or in the specifications. 800-3.2.2 CONDUCTORS. Add the following paragraphs at the end of the subsection: The electrical system shall be installed in accordance with the National Electrical Code. LA-6 &nbsp; &nbsp; Page 419 Connections between the automatic controllers and the electrical control valves shall be made with direct burial copper wire AWGLI.F.600 volt. Pilot wires shall be a different color wire for each automatic controller. Common wires shall be white with a different color stripe for each automatic controller. Install in accordance with valve manufacturer's specifications and wire chart. In no case shall wire size be less than #14. Wiring shall occupy the same trench and shall be installed along the same route as pressure supply or lateral lines wherever possible. Install wires inside schedule 40 Conduit anywhere it is not possible to place in pipe trench,or where wires must go under pavement. Conduit size shall be large enough to contain all necessary wires. Where more than one (1)wire is placed in a trench, the wiring shall be bundled and taped together at intervals of fifteen (15)feet. An expansion curl should be provided within fifteen (15)feet of each wire connection and at least every fifteen hundred (1500)feet of wire length on runs more than fifteen hundred (1500)feet in length and also at each change of direction. Expansion curls shall be formed by wrapping at least twenty (20) turns of wire around a one-inch diameter pipe, then withdrawing the pipe. All splices shall be made with Snap-Tite Waterproof Connector Packs,or approved equal. Field splices between the automatic controller and electrical control valves will not be allowed without prior approval of the City Add the following subsections: 800-3.4 MOISTURE SENSORS Moisture sensors manufacturer size and installation shall be as designated on the plans or in the specifications. 800-3.5 FLOW SENSORS Flow sensors manufacturer,size and installation shall be as designated on the plans or in the specifications. LA-7 &nbsp; &nbsp; Page 420 SECTION 801 —INSTALLATION 801-1 GENERAL. The following paragraphs shall be added at the end of the subsection: Inspection will be required for the following parts of the work: a. At completion of incorporation of soil amendments and fine grading. b. Prior to digging plant pits for trees and shrubs. c. During backfilling of plant pits with amended backfill. d, Maintenance period shall not begin until final installation inspection is made, and establishment is verified. The Engineer shall approve the commencement date of maintenance prior to the commencement of said maintenance. e. City Council acceptance will be at the end of the maintenance period. 801-2 EARTHWORK AND TOPSOIL PLACEMENT 801-2.1 General. The following shall be added at the end of the subsection: The Contractor shall apply water as necessary to provide ideal moisture content for tilling and for planting as, herein specified. 801-2.2 TOPSOIL PREPARATION AND CONDITIONING. 801-2.2.2 Fertilizing and Conditioning Procedures. The first paragraph of the subsection shall be deleted and replaced with the following: Planting areas shall be brought to finished grade whereupon Fertilizer and Soil Conditioning required by the native soils for the intended landscape planting shall be added based upon the recommendations of the soil analysis tests provided by the City. The type and quantity of commercial fertilizer used shall be amended as necessary based upon the soil analysis test. The following subsection shall be added: 801-2.2.3 Weed Control. Upon the completion of the irrigation system and after all existing weeds and growth have been removed from the planting area,the Contractor shall apply, by spraying,a mixture of Commercial Fertilizer 12-12-12 at a rate of 400 pounds per acre. Thereafter, all areas shall be watered four times daily until weed seeds have germinated, unless otherwise directed by the Engineer. Thereafter, watering shall cease for three days, followed by the spraying of a systemic herbicide containing the active ingredient glyphosate. Spraying shall be at the labeled rate compatible with the eradication rate for the target weed species. After allowing sufficient time for the herbicide to kill all remaining weeds,the areas to be landscaped shall be raked or hoed as directed by the Engineer to remove any remaining weed stubble. LA-8 &nbsp; &nbsp; Page 421 801-2.3 Finish Grading. The following shall be added to the last sentence of the second paragraph. ... except where water is designed to flow over the same. The following paragraphs shall be added following paragraph two: Finish grades shall be those indicated on the drawings or as may be controlled by existing installations. Grades not otherwise indicated shall be uniform and straight graded between points where elevations are noted. Minor modeling of the ground surface may be required. Grading shall provide for the natural run-off of water without low spots or pockets. Flow lines shall be set by instrument and shall be at the maximum gradient possible. 801-3 HEADER INSTALLATION The following subsection shall be added: 801-3.1 Concrete Headers. Concrete headers shall be constructed in accordance with the plans and specifications. All concrete work shall conform to the requirements of subsections 201-1 and 301-1. 801-4 PLANTING 801-4.3 Layout and Plant Location. The following paragraph shall be added at the end of the subsection: In the event that a designated plant location is found in conflict with underground utilities or substructures during the planting operation, an alternate location will be selected by the City. The Contractor shall be responsible to notify utility companies for the spotting of underground facilities prior to plant examination and to make precautionary potholes where conflicts would be indicated on the plans or by field notations by utility representatives. The cost for utility notification and potholing shall be included in the other work items and no additional compensation will be allowed, therefore. 801-4.5 Tree and Shrub Planting. Paragraphs 4 and 5 shall be deleted and replaced with the following: Planting shall be governed by the following requirements: Use the following backfill mixture: Type I organic soil amendments, 25% Native Soil, 75% Commercial fertilizer and agricultural gypsum shall be added in accordance with the recommendations of the soils report. 1. Place plants near respective pits. Set the tablets to be used with each plant on the top of the root ball while the plants are still in their containers so the required number of tablets to be used in each hole can be easily verified. LA-9 &nbsp; &nbsp; Page 422 2. Remove all plants from their containers and set in plant pits. 3. Fill pits to proper height with amended backfill to receive the plant and thoroughly tamp the mixture before setting the plant. 4. Set plant in upright position in the center of the hole and compact the backfill mixture around the ball or roots. 5. Thoroughly water each plant when the hole is half filled. The remainder of the hole shall then be backfilled. Set the tablets to be used with each plant on the top of the root ball while the plants are still in their containers so the required number of tablets to be used in each hole can be easily verified. 6. After watering, tamp the soil in place until the surface of the backfill is level with the surrounding area and the crown of the plant is at the finished grade of the surrounding area. Do not backfill around trunks or stems. 7. After backfilling,an earthen basin shall be constructed around each plant. Each basin shall be of a depth sufficient to hold at least six inches of water. Basins shall be the same size as the container size of each individual plant. The basins shall be constructed of amended backfill material. S. Immediately after planting, apply water to each tree and shrub by means of a hose. Apply water in a moderate stream in the planting hole until the material about the roots is completely saturated from the bottom of the hole to the top of the ground. 9. Apply water insufficient quantities and as often as seasonal conditions require to keep the planted areas moist at all times, well below the root system of grass and plants. Generally, water once each day for 7 days in cool seasons and for 14 days in hot weather. Berms around shrubs and trees in slopes shall be permanently maintained. In turf areas, berms shall be maintained for 30 days following tree planting. 10. Pruning shall be limited to the minimum necessary to remove injured twigs and branches and to compensate for loss of roots during transplanting, but never to exceed one-third of the branching structure. Upon approval of the Engineer, pruning may be done before delivery of plants but not before plants have been inspected and approved. 801-4.6 Plant Staking and Guying. The entire subsection shall be deleted and replaced with the following paragraph: All staking and guying shall be in accordance with the City Standard Plans. 801-4.7 Ground Cover and Vine Planting. The second paragraph shall be deleted and replaced with the following: Ground cover shall be planted in moist soil and spaced as indicated on the plans. Vines shall be planted in accordance with subsection 308-4.5 and City Standard Plans and spaced as indicated on the plans. l_A•10 &nbsp; &nbsp; Page 423 801-4.8 Lawn Planting 801-4.8.2Seed.The following paragraph shall preface the subsection: The Contractor shall provide a written seed mixture statement for Method A or a written slurry mixture statement for Method B for approval of the Engineer prior to planting. (a) Method A. The following sentence shall be added at the end of the fourth paragraph: Swales shall be planted or lined with sod of equal seed mix to minimize soil and seed erosion. (b) Method B.The following sentence shall be added at the end of the subsection:Swales shall be planted or lined with sod of equal seed mix to minimize soil and seed erosion. 801-4.8.3 Sod. The following sentence shall be added after the second sentence in the third paragraph: Sod shall be laid with longer seams perpendicular to the slope,and in a staggered pattern to minimize erosion. 801-4.9 Erosion Control Planting The following subsection shall be added: 801-4.9.6 Hydroseeding. Equipment must have minimum capacity of 1,500 gallons,and a positive displacement pump with the ability to agitate and properly mix the above materials. Pump must be capable of creating 100 psi pressure with sufficient volume to distribute above slurry evenly over 12,000 square feet within a 15-minute period. The Vendor shall furnish at least 2 employees during all hydro mulching applications. The materials for colonized areas shall be machine mixed before application.The mixture of stolons and additives shall be applied by a hydro mulching machine. The nozzle height shall be between 6 feet and 10 feet above the ground level. Discharged pressure at the nozzle shall be 100 psi. Spraying shall be done in a sweeping motion allowing the slurry to fall evenly and eventually building up a fairly consistent matting. Area to be planted shall be irrigated to obtain 12 inches of penetration.This shall be done 4 to 7 days prior to planting. All slurry mixture which has not been applied to the designated area within four hours after mixing shall be rejected and removed from the project at the Contractor's expense. Hydroseed area on plan shall be hydroseeded with the following: 2000 Ibs/acre Weed Cellulose Fiber 100 Ibs/acre Ecology Control M-Binder 66.5 Ibs/acre Seed Mix (see plans for mix) 600 Ibs/acre Gro-Power Plus Fertilizer or approved equal. LA-11 &nbsp; &nbsp; Page 424 Any slurry spilled into restricted areas,such as reservoir basins or drainage ditches, shall be cleaned up at the Contractor's expense to the satisfaction of the Engineer. It shall be the responsibility of the applicator to assure that the site is properly prepared, and that the irrigation system is operating and programmed properly. The applicator shall notify the Contractor and the Engineer if the site is not properly prepared. The hydroseed applicator shall take responsibility for repairing tire ruts created by his equipment, unless he has notified the Contractor of the poor soil conditions, being too wet, or of insufficient compaction,and is requested by the Contractor to continue. Areas for repair shall be blended and floated to match surrounding areas and reseeded. All bare spots shall be re-hydroseeded by the Contractor within 10 days.The Contractor shall be responsible for all reseeded areas for as long after seeding as necessary until an acceptable stand of hydroseeded material is realized and approved by the Engineer. Water as necessary to insure constantly moist soil until germinated(approximately 14-21 days). Water every day once per day for two weeks thereafter and then gradually reduce frequency of watering to twice per week. The Contractor shall continue to maintain the lawn until final acceptance by the City. Woodchipper mulch installation shall consist of placing 4" thick material equal to or supplied by Earthworks of Norco, California (909) 538-3321 over designated planter areas. See plans for areas of installation. Submit sample prior to purchase and/or placement for approval. Certification of weights and analysis shall be required by City for all of the following materials used: a. Soil conditioners b. Fertilizers c. Seed 801-5 IRRIGATION SYSTEM INSTALLATION 801-5.1 General.The following paragraphs shall be added after paragraph 1: Due to the scale of drawings, it is not possible to indicate all offsets,fittings, sleeves,etc., which may be required. The Contractor shall carefully investigate the structural and finished conditions affecting all of his work and plan his work accordingly,furnishing such fittings, etc., as may be required to meet such conditions. The work shall be installed in such a manner as to avoid conflicts between planting, and architectural features, etc. All work called for in the drawings by notes or details shall be furnished and installed whether or not specifically mentioned in the specifications. The Contractor shall not willfully install the irrigation system as shown on the drawings when it is obvious in the field that unknown obstructions, grade differences, or discrepancies in area dimensions exist that might not have been considered in engineering. Such obstructions or differences shall be brought to the attention of the Engineer. In the event this notification is not performed, the Contractor shall assume full responsibility for any revisions necessary and shall LA-12 &nbsp; &nbsp; Page 425 perform such at his own expense. The second paragraph shall be deleted and replaced with the following paragraphs: The location of connection points shown are approximate. The Contractor shall contact the utility company and coordinate the installation of the required electrical and water services. Following coordination with the utility companies, the Contractor shall make all necessary provisions to make the service connections called for on the plans at the places indicated or to the nearest acceptable point thereto as approved by the utility company and the Engineer. Verification of the point of connection with the utility company and the Engineer shall be obtained by the Contractor prior to the start of work. All costs for making service connections shall be paid for by the Contractor, with the exception of any utility company fees and permit fees which are reimbursable by the City, as per Section 7-5"Permits"of these Special Provisions. The following paragraph shall be added at the end of the subsection: The City reserves the right to make temporary repairs as necessary to keep the irrigation system in operating condition. The exercise of this right by the City shall not relieve the Contractor of his responsibilities under the terms of the guarantee as herein specified. 801-5.2 Trench Excavation and Backfill. The fourth paragraph shall be deleted and replaced with the following: The trenches shall not be backfilled until all required tests are performed. A fine granular material used for bedding and backfill will be placed on all lines. Trenches shall be carefully backfilled with the excavated materials approved for backfilling, consisting of earth, loam, sandy clay,sand, or other approved materials, free from large clods of earth or stones. The finished surface shall be restored to the grade established prior to excavation. All mounding and divots shall be graded smooth to the satisfaction of the Engineer. If settlement occurs, and subsequent adjustments in pipe, valves, sprinkler heads, lawn or planting, or other construction are necessary, the Contractor shall make all required adjustments. The following subsections shall be added: 801-5.2.1 Trenching and Backfilling Under Paving.Where irrigation lines are called to be placed within a sleeve, the P.V.C. sleeve to be provided for such work shall be Schedule 40 P.V.C. or Class 315 for sleeves 2"and larger. 308-5.2.2 Trenching Adjacent to Existing Trees. Where it is necessary to excavate adjacent to existing trees, the Contractor shall use all possible care to avoid injury to trees and tree roots. Excavation in areas where two inch and larger roots occur,shall be done by hand. All roots two inches and larger in diameter, except directly in the path of pipe or conduit, shall be tunneled under and shall be heavily wrapped with burlap to prevent scarring or excessive drying. Where a ditching machine is run close to trees having roots smaller than two inches in diameter, LA-13 &nbsp; &nbsp; Page 426 the wall of the trench adjacent to the tree shall be hand trimmed, making clean cuts through. Trenches adjacent to trees should be closed within twenty-four hours. Where not possible, the side of the trench adjacent to the tree shall be kept shaded with burlap or canvas. 801-5.3 Irrigation Pipeline Installation. 801-5.3.1 General.The following sentence shall be added to the end of paragraph three: A minimum of twelve inches clearance shall be maintained between irrigation pipelines and non-irrigation pipelines or conduits. The following paragraphs shall be added at the end of the subsection: P.V.C.sleeves shall be required under areas where hardscape materials shall be installed. Before starting work on the irrigation system, the Contractor shall verify utility service connection and meter locations with the utility companies. 801-5.3.3 Plastic Pipeline. The following shall be added to the end of paragraph one: PVC to metal connections shall only be accomplished by PVC male adapters screwed into metal fittings. Teflon tape shall be used on all threaded PVC to PVC joints and on all threaded PVC to metal joints. Light wrench pressure is all that is required. The following shall be added after paragraph five: The Contractor is cautioned to exercise care in handling, loading, unloading and storing of PVC pipe and fittings. All PVC pipe shall be laid flat and not subjected to undue bending or concentrated external load at any point. Any section of pipe that has been dented or damaged will be discarded and, if installed,shall be replaced with new piping. P.V.C. pipe and fittings shall not be stored in direct sunlight. The following subsection shall be added. 801-5.3.5 Conduit for Irrigation Pipe in Streets. If delay to any vehicle will not exceed 5 minutes,conduit may be installed by the following trenching method: Conduit shall be placed under existing pavement in a trench approximately 2 inches wider than the outside diameter of the conduit to be installed. Trenches shall not exceed 6 inches in width. Conduit depth shall not exceed 12 inches or conduit trade diameter plus 10 inches, whichever is greater, except at pull boxes where the trench may be hand dug to the required depth. The top of the installed conduit shall be a minimum of 9 inches below finish grade. The outside of all areas of pavement to be removed shall be cut to a minimum depth of 3 inches with an abrasive type saw or with a rock cutting excavator specifically designed for this purpose. Cuts shall be neat and true with no shatter outside the removal area. The conduit shall be placed in the bottom of the trench and the trench backfilled with commercial quality concrete, containing not less than 564 pounds of cement per cubic yard, to LA-14 &nbsp; &nbsp; Page 427 not less than 0.10 foot from the pavement surface. The remaining area shall be tack coated and backfilled with asphalt concrete per City Standard Plans. 801-5.4 Installation of Valves,Valve Boxes,and Special Equipment. Paragraphs three,four and five shall be deleted and replaced with the following: Quick-coupler valves shall be set in valve boxes one foot from curbs, pavement or walks. Quick-coupler valves shall be installed per City Standard Plans. 801-5.5 Sprinkler Head Installation and Adjustment. 801-5.5.2 Location, Elevation and Spacing.The last sentence of the second paragraph shall be amended to read as follows: Lawn sprinklers shall be installed 6 inches (150 mm) clear of adjacent walks, curbs, paving, headers and similar improvements. The third paragraph shall be amended to read: Sprinkler heads shall be installed 6 inches (150 mm) from adjacent vertical elements projecting above grade such as walls, planter boxes, curbs and fences. Paragraph 4 shall be deleted and replaced with the following: Shrub heads and bubbler heads shall be installed so as to operate 12 inches (300 mm) above finished grade, unless otherwise detailed on the plans. 801-5.7 Flushing and Testing 801-5.7.1 General. The following paragraph shall preface the subsection: Flushing of the lines (main line) shall be done before quick coupling valves and remote- control valves are in place. All open ends shall be temporarily piped to flush water up and out of the trenches. No water will be permitted to fall into the trench. Flushing procedure will be to first open the ports nearest the source, then recap, and move progressively towards the end of the line,with only one open port flushing at any one time. 801-5.7.2 Pipeline Pressure Test. 801-5.7.2.2 Method A. The following shall be added to the end of the second paragraph: Pressure tests shall be performed such that the test periods are within the working hours specified in the Special Provisions. 801-6 MAINTENANCE AND PLANT ESTABLISHMENT. The following paragraphs shall be added at the end of the subsection: The Contractor shall be responsible for detecting diseases and pests (including rodents) as soon as they are present and shall take immediate action to identify and control the disease LA-15 &nbsp; &nbsp; Page 428 or pest. Plants shall be maintained in a disease and pest free condition. A licensed pest control operator shall be maintained to recommend and apply pesticides, herbicides and fungicides. Exterminate gophers and moles and repair damage. Maintain all planting, starting with the planting operations and continuing for 60 calendar days, after all planting is complete and approved by the City in writing. The maintenance period will not commence until all planting has been approved in writing by the City. Maintenance shall include all watering, weeding, mowing, edging, cultivating, spraying and pruning necessary to keep the plant materials in a healthy growing condition and to keep the planted areas neat and attractive throughout the maintenance period. Provide all equipment and means for proper application of water to those planted areas not equipped with an irrigation system. Protect all planted areas against damage, including erosion and trespassing, by providing and maintaining proper safeguards. During the maintenance period, all plants and planted areas shall be kept well-watered and weed free at all times. In order to expedite the plant establishment work,the Contractor shall maintain a sufficient number of workers and adequate equipment to perform the work herein specified from the time any planting is done until the end of the final maintenance period. The Contractor will be relieved from maintenance work when the plant establishment and maintenance work has been completed to the satisfaction of the City. Damage to planting areas shall be replaced immediately. Depressions caused by vehicles, bicycles, or foot traffic, shall be filled and leveled. Replant damaged areas. Apply a pelletized fertilizer blend of 15-15-15 at the beginning and at a 30-day maintenance interval at the rate 350 lbs. per acre until the designated end of the maintenance period. A 60-day maintenance program shall consist of three fertilizer periods. Apply 25 pounds of Gro-Power Plus per 1,000 square feet at the 25th and 55th day of the 60-day maintenance period. Exterminate rodents,slugs,snails and cutworms as required and repair damage as above. All paved areas shall be broom cleaned and/or washed and maintained in a neat and clean condition at all times, as directed by the City. At the end of the maintenance period, all plant material shall be in a healthy growing condition.During the maintenance period,should the appearance of any plant indicate weakness and probability of dying,that plant shall be immediately replaced with a new and healthy plant of LA-16 &nbsp; &nbsp; Page 429 the same type and size without additional cost to the City. All trees shall be guaranteed by the Contractor to live and grow in an acceptable upright position for a period of one year after completion and final acceptance by the City. The Contractor, within 15 days of notification by the City, shall remove and replace all guaranteed plant materials which for any reason fail to meet the requirements of the guarantee. Replacement shall be made with plant materials as indicated or specified for the original planting, and all such replacement materials shall be guaranteed as specified for the original guaranteed materials. Upon completion of the work in this section, the Contractor shall clean up and remove from the area all unused materials and debris resulting from the performance of the work as directed by the City. The following subsections shall be added: 801-9 GUARANTEE The guarantee period shall begin at the date of final acceptance by the Board. Upon acceptance, all planting, irrigation, earthwork and trenches shall be guaranteed by the Contractor for a period of one year against defects in materials and workmanship. Any settling of backfill trenches which may occur during the one-year guarantee period shall be repaired to the City's satisfaction by the Contractor without expense to the City, including the complete restoration of damaged planting, paving, or other improvements of any kind. The Contractor, within fifteen days of notification by the Engineer, shall remove and replace all guaranteed plant materials which,for any reason, fail to meet the requirements of the guarantee. Replacement shall be made with plant materials as indicated or specified for the original planting and all such replacement materials shall be guaranteed as specified for the original guaranteed materials. 801-10 CHARTS, MANUALS AND DRAWINGS. 801-10.1 As-Built Drawings. The Contractor shall provide the Engineer with "as-built mylars"at the completion of the project. Contractor shall dimension from two permanent points of reference, building corners, sidewalk, or road intersections, etc,, the location of the following items: 1. Gate valves 2. Sprinkler control valves 3. Routing of control wiring 4. Quick coupling valves 5. Other related equipment as directed by the City 6. Significant changes in routing of lateral lines from those indicated on the plans LA-17 &nbsp; &nbsp; Page 430 On or before the date of the final inspection,the Contractor shall deliver the corrected and completed mylar and aperture cards to the City. Delivery of the final mylar and microfilm will not relieve the Contractor of the responsibility of furnishing required information that may be omitted from the prints. 801-10.2 Controller Charts. As-built drawings shall be approved by the City before the Contractor prepares the controller charts. Provide one controller chart for each controller supplied. In the case that no controller is provided, the Contractor shall prepare a new controller chart, utilizing any existing system that is being protected,as well as any new systems online,for the existing controller(s). The chart shall show the area controlled by the automatic controller and shall be the maximum size, which the controller door will allow. The chart shall be a reduced drawing of the actual as-built system. However, in the event the controlled sequence is not legible when the drawing is reduced,the controlled sequence shall be enlarged to a size that is readable when reduced. The chart shall be a black or blueline print with a different color used to indicate the area of coverage for each station. When completed and approved, the Contractor shall hermetically seal the chart between two pieces of plastic, each piece being a minimum of 10 mils thick. These charts shall be completed and approved prior to final inspection of the irrigation system. 801-10.3 Manuals. Prepare and deliver to the City within ten calendar days prior to completion of construction, two hard cover three rings binders containing the following information: i. Index sheet stating Contractor's address and telephone number and a list of the equipment with the name and address of the local manufacturer's representatives. 2. Catalog and parts sheets of every material and equipment installed under this contract. 3. Guarantee statement. 4. Complete operating and maintenance instructions on all major equipment. In addition to the above-mentioned maintenance manuals, provide instructions for major equipment and show evidence in writing to the City at the conclusion of the project that this service has been rendered. 801-11 EQUIPMENT. 801-11.1 Loose Equipment to be Furnished. The Contractor shall supply as a part of this contract the following tools: LA-18 &nbsp; &nbsp; Page 431 1. Two sets of special tools required for removing, disassembling and adjusting each type of sprinkler and valve supplied on this project. 2. Two five-foot valve keys for operation of gate valves. 3. One quick coupler key and matching hose swivel for every five of each type of quick coupling valve installed. 4. Six spray nozzles of each type specified on the legend. 5. Twelve spray bodies of each manufacturer specified on the legend. 6. Two rotors of each manufacturer specified on the legend. 7. Two gate valves-line sized-as specified on the legend. 8. Two keys each for controller and controller enclosure doors. The above-mentioned equipment shall be turned over to the City at the conclusion of the project. Before final inspection can occur, evidence that the City has received the material must be shown to the Engineer. LA-19 &nbsp; &nbsp; Page 432 APPENDIX &nbsp; &nbsp; Page 433 APPENDIX ITEM 1 CITY WORKING DAYS CALENDAR CITY OF RANCHO CUCAMONGA WORKING DAY CALENDAR FOR 2021 JANUARY FEBRUARY Sun Mon Tue Wed Thu Fri Sat Sun Mon Tue Wed Thu Fri Sat 1 2 1 T 3 4 5 b liu6da 614 n'_�j 62i 61, 3 4 5 6 7 8 9 7 8 9 10 11 12 13 rlril 601 60 +'i 624 625 6Z6 617 1a 11 12 13 14 15 16 14 16 16 17 18 19 20 605 W6 607 tlr,l,d" as fin+ 6.4 fi31 17 18 19 20 21 22 23 21 22 123 124 125 26 127 Ifoliday 6 610 61L e13 a}, 633 } 634 035 6 J6 24 25 26 27 28 29 30 28 . „ r 614 91b nl7 31 MARCH APRIL Sun Mon Tue Wed Thu Fri Sat Sun Mon Tue Wed Thu Fri Sat 1 2 3 4 5 6 1 2 3 ,1A k3N 6�0 bal 641 7 8 9 10 11 12 13 4 5 6 7 8 9 10 n�] +aa br5 64t, 66I ' ti6S 61+6 14 15 16 17 18 19 20 11 12 13 14 15 16 17 ,I.; 64N 04� 6111 fill 667 b68 E.:, . '•, 671 21 22 23 24 25 26 27 18 19 20 21 22 23 24 65S e5a aiS fi,6 61? „, n7i 676 26 29 30 31 25 26 27 28 29 30 .+ 658 659 r,18 674 6$i1 681 MAY JUNE Sun Mon Tue Wed Thu Fri Sal Sun Mon Tue Wed Thu Fri Sat 1 1 2 3 4 5 2 3 4 5 6 7 8 6 7 6 9 10 11 12 rr6? 683 064 68S 684 Tut 7,; 71U 9 10 11 12 13 14 15 13 14 15 16 17 18 19 H 7 688 689 690 69i 711 713 T4 T15 16 17 18 19 20 21 22 20 21 22 23 24 25 26 69�p 693 694 05 fi46 716 717 7A :Ir 710 23 24 25 126 27 28 29 27 28 29 30 697 646 30 3 11ENGDESGN'0orking Day Calendar Page 1 of 2 &nbsp; &nbsp; Page 435 CITY OF RANCHO CUCAMONGA WORKING DAY CALENDAR FOR 2021 JULY AUGUST Sun Mon Tue Wed Thu Fri Sat Sun Mon Tue Wed Thu Fri Sat r 23 1 2 3 4 5 6 7 T 7a9 7i 7#7 7ag 7a9 4 5 6 7 8 9 10 8 9 10 11 12 13 14 Ilo1! 726 77 '_x 15 1S1 7S] 75) 7S•4 11 12 13 14 15 116 17 15 16 17 18 19 20 21 7]8 7]I 71? 7i1 :i 7y3 754 7g7 7#8 7$9 18 19 20 21 22 23 24 22 23 24 25 26 27 28 'an M �. 7bo 76i *2 70 764 2$ 26 27 28 29 30 31 29 30 31 7.1 7.4� Fa7 76S T4fF SEPTEMBER OCTOBER Sun Mon Tue Wed Thu Fri Sat Sun Mon Tue Wed Thu Fri Sat 1 2 3 4 1 J2 _ ;' rdb 7y9 .7"' 5 6 7 8 9 10 11 3 4 5 fi 7 8 9 _ Holiday "1 7-?' 777 74i 7+1: ?,, 12 13 14 15 16 17 18 10 11 12 13 14 15 16 776 277 77$ 7'115 773 TiM 7,7 ti 19 20 21 22 23 24 25 17 18 19 20 21 22 23 .: - ]781 7K -r; 7W AM M;I Ali` $i; 26 27 28 29 30 24 25 26 27 28 29 30 7'Si 7'�5 787 #L'y.f xi�c ti�:� x: 31 NOVEMBER DECEMBER Sun Mon Tue Wed Thu Fri Sat Sun Mon Tue Wed Thu Fri Sat 1 2 3 4 5 6 1 2 3 4 81iJ 7 8 9 10 12 13 5 6 7 8 9 10 11 81- dl4 816 8!7 $!h $3: $]3 $3J ais 14 15 16 17 18 19 20 12 13 14 15 16 17 18 >c18 N14 a�� 831 a.a s:�h se7 a�$ asp 00 21 22 23 24 27 19 20 21 22 23 24e 25 S_j a'a a?s 1 +' x closed flolidav 28 29 30 26 27 128 29 30 31 9z6 827 closed closed closed closed Hotida I IENGDESGN1Workmg Day Calendar Page 2 of 2 &nbsp; &nbsp; Page 436 APPENDIX ITEM 2 SAMPLE OF APPROVED CERTIFICATES OF INSURANCE DATE(WIDOMY]'Y) ACORO® CERTIFICATE OF LIABILITY INSURANCE THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS 40 PAGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AFFIRMAT1VRLY 09 NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THt':POLIof 8 BELOW. THIS CERTIFICATE OF INSURANCE DOES tNOT CONBTITUrh A CONTRACT BETWEEN THE ISSUING RISURER{S')',AUTNOnReD REPRE9ENTA*E OR PRODUCER,AI4DTHE CERTIFICATE HOLDER, • IMPORTANT,, If 1hD eeRlgoale holder Is an ADDITIONAL INSURED_,the pottoy(lee)must hive ADDITIONAL INSURED proYlsloni Orb*endorsed. II SUBROGATION 19 WAIVED,eulr)eel l4 Ihs terms and cond:Uons of(use polloy,certain ollelea may require on endorsement. A Ilatoment on this eeAileale does not confer d his to the eeAUleate holder In 11eu of such endoreenlant s. PftDOUCEA i s o ss• Y N 119E a"10 01 YEIWOE IWO/ TNI t I a 1111"10 REReI Compynx URF O, Ins I rN» owany R1WR Dr RItIREit COVERAGES CERTIFICATE NUMBER:494a4844 REVISION NUMB ' THIS IS TO CERTIFY THAI THE POLICI88 OF INSURANCE.ttSTEb BELOV!14AVE BEEN ISSUED TO THE INSURED HIUMED ABOVE FORM POLICY PERI00 INOtCATED, NOTWITHBTANDINO ANY REQUIREMENT,TERM OR CONOVION OF ANY CONTRACT OR OTHER DDd°UMENT WITH REEPEOT TO WWCH THIS CERTIFICATE MAY DE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCMBEO HEREIN(S SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES-Li MIT8 SHOWN—MAY HAVE BEF'_REDUCED By PAD CWML fific TYP2 0FWIU RANCI 4l,9 ER �►YTi p cog1lERCULOEI(ealltualUrl / ✓ 10129l2C18 10f29T2018 �..NoceurwElxa CIAMS ACE[2 CLIOUR J BIIPODadUCtihtoSOuEar (AxeraisltrT Professional1.1441lY _ ►E s(A►"L+ aru9r C j. 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E E•F041CY 11J1T R"1 OY'9}' + 18 T112f20 8 32 yy�55 Ded E of n onhaolorslTllYlirl►Llabplly 10l20120t8 10lZ9R010 Daducubl A Can (ora 1p12012010 101Mp01 Deduc6bl A Dualnass Peraortaf Properly ONCNP710N0FOPUA1111831LOCAnOx51VE>aCIE$(WORD Se1,AUAbnll Rrnllk7 SthxdWa•,µyMd�xhld llma,sapruU!l411+Id1 �uCiongoft2anch0Cucamonga o Cucamonga,R ef0cers,oMdals empWyees,dos na(ed Yduntoefs,and agents aeMng as Independent contractors h the rde of Cfly or ayene of0dele eta named as additional Insufad es par w ten contract and Icy[alms and ewdi0one Insurance 41 Primary andtJoR•Convibutory,Wakerorsubroroggallonoppf s. AddtOonalInsured ndaraemenlpersltachOdfam. •30 day notice or emesSalion except tO days no ca for non-paymer I of preNum. CFeR IFtC TE HOLDER CANOE Prated CRy o Rencho CUOMO" SHOULD AR'OF THBABOVB DESCRIBED POLICIES BE CAHOELLED BEFORS CN GIR9f1ChOtiUCatllOflJa ACCORDAEWITHTHE POLICY P OV191011S.E WILL BE OEt(VERED• III All 91730 J AVIIlOME0REP913EHTAlNE 1p 1900.20ys ACORD CORPORATION..All rlglTla reserved, ACORD 2E(20109) The ACORD two Snd(pgo ere registered marks of ACORD HS71311 h]L 11 Gt, Aa Le•@L ltcnelvl 1 I•n•xxe St,ots� I HJs/tall SdEl1►to 11JLr :Fq.t 31]I &nbsp; &nbsp; Page 438 POLICY NUMBER COh1MERcIALaEtlTaca20I1407 d THIS ENDORSEMENT CHANGES IME POLICY. PLEASE READ IT GAREFULLY. .ADDITIONAL INSURED -OWNERS, LESSEES-OR CONTRACTORS - CHEDL5 PERSON OR ORGANIZATION This endorsement modlf[es Insurance provided under•the follovring: COtAMERC1AL GENERAL LIA131LITY CQV�RAGE PART t// $CHa°DUI.k Name Of Additional Insured Person",) L000llon a Of Ccvorsci 0 eraliona or Or aniza(ion 9 City of Rancho Cucamonga,Ica officers officials,amproyees, Iherolo o clry ct agenaOAl�fals ale reamed as aadditonallr su edtes f cyp sprQlecl City of Rancho Cucamonga rfa marry end Non ConW vlo y.Weluer of ubroga Ion applies I� �� Additional insured Endorsement per ailachad for 130 day notes of cancellalran except 10 days notice for nar-p$ymenl of premium Informally re aired to cam late this 8chddule if not shown abava will be silo In the poclarallons. A. sootlon 11-Who Is An Insured [e amended to R' Will, additional irespect to helhe In$UfanfoilO a ord& (40 axc[u• include as an addtlonal Insured the Person(s)or sloes apply., ai ofganizatlpn(s) shown In the Schedule but only pp 1" %lih respect to liability for"bodily Injury',oproperly This Insurance does not apply to`bodily Injury'or dainage" or aparsonol end advertising Injuy' "propertydaniaga"eeeurring after: caused,in whole or In pgrl,by, 1, All work, Including vialatlals, parts of equip- 1, Your acts or anllselons;or man( furnished ht conneollon vilth such work, 2, The ads or omfestons of Ihoso acting on your on the project(other than service,matntenancs behalf; or repairs)to ba performed by or on behalf of Ille additional Insured(s)at the locatlon of the In cite performance of your ongoing operatlons for covered operallolta Iles been completed;or the addiiional Insurad(s) at_the location(s) deslg- 2, That pvfilon of 'your work" out of vihlalf the naiad abova. Injury or damage arises has been 11tut to Its In- tended use by any person or organlzallon other then another contractor or subcontractor en- gaged in performing operations for a principal as a part of the same project, r:r,zn I n 07 oA ®Iso properties,Inc.,24p4 Pape 1 of 1 &nbsp; &nbsp; Page 439 CafAMURCIAL GENERAL 0141 0 3 POt.IOY NUMBER: THIS ENDORgEtdeNT 9HANOE8 THE POLICY,PLpASE READ IT CAREFULLY. AD131TIONAL INSURLD -OWNERS, LRSsm 6R CONIRACTORS -COMPLETED OPERATIONS This endorsanlenl modiflas Insurance provided under Ihs follow 41F . COh(MERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTSICOlti1PLETEDOPERAT(0NS LIABILITY COVERAGE PART 30HEOULE ' Name of Additlonal Insured Parsonls)Or 4rgonlzatton(0) City oasIndep ndentccon,aclaysintherate,91Cityoraq!ritytorddalsam nened d'aants Addlaonellnsutcd v LecallonAWDeaorlpllon ofoomplotod Oporoltous ProledCllyofRanchoCucamonpo Bork Described it1 Writing in tlra contract / agweement or permit l/ hooationlaj at which YOU perEoXm$d WOrk described in t1+e Written contract, agreamene,, ox permit Irtrorrneflon required to 4ornpleio This Schedule, If not shown above,w111 ba shown in Iho Datlerallona. A, aeollon 11•Who Is An Insured Is amended to 01 With rasp ct ( lalsurleds,ranco tho fa fovrine o Include as an addldonof Insured Ilia prson(s) thosadded a i tt0l 111 s redso t (011 WI 18 of oygonfrego+l(s) shown In the schedulo, but only villh respect to IlabiAty {of "bodily Tn• 11 covorage provided to(ha additional Insured jury" or'property demago" oaNaed,in whole Is required by a ornitbat ref re a 1. tht or 1n pert,by your VIOW at the looalfon des• most we VAfl pay Ignated and described In the Schedulo of Ihia Ifnsrlrad Is the by lllo al OfInsurance"eflreentont; T endorsement per(ormad foe [hot additional lnaured and included In the Iprodvots.00m- or plated opeyallons hazard'. 2. Avageble under Iho applicable Llrotls of tiowavor. Insurance shown In the Declaraltons; 4. .The Insurance nHorded to such addidonal whichovor Is less. Insured only applies•to the extent permit- Thls endorsement shelf not Increase O+o Op, led by lavr, and plioeblo Lirntts of Insurance shown 10 the De0- 2: If coverage progldsd to the addiltottel In• lareflens, Burs¢ Is required by o conlfael or apron- map,. the d to such ddillonol hisurod will tint ebe broader Ikon that ivhtti+ you am required by the conlracl or agroalrient to provlda for such addillonel Insured. CD 20 37 04133 O Insurance Sarvltas Office, [no.,2012 Pogo i of i &nbsp; &nbsp; Page 440 COMMERCIAL GENERAL LIABILITY POLICY NUMBE ISSUE DAM 1012912018-1012912019 THIS ENDER F-MENT CHANGES THE POLICY,MEASE READ IT CAREFULLY. WAIVER Or TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US t/ This endorsoment n%aMoe Insuroaee provided undor the followtgg: `f QOf,{MCR0IA4 GENERAL LIABILITY COVERAGE PART 80HEDULE. Namo of Parton or Oreerdza 4111 IThe City of Rancho Minionggo�,its olfcera,ofadaic,omgogqaes,destgnaled volunteers and agents seMna lndeyendenleonkrodoreIniherotadrGTyorAgencyo.1 is. (II no enhy eppasrs abovo,Information required to compielo lhts andore.emantwlll be shown In the Daclaraltooa as applicable.to this endorsement.) The-7RMSFER OF RIGHTS OF RECOVERY damage 011 dono tndo Out Ofi A conitour eal6aith oladous of Poison AGAINST OTHERS TO US Condition (360110n IV- 'yo 10 COMMERCIAL OFNCRAL LIABILITY CONDITIONS) cant�eaadzollon per and Included ncl des 1h1sThe a *Pf applies le Amended by Ilre addlllon OI the follo<wingt only to Ihs person or organization sllown WOW 1Vo waive any dg111 of recovoty via may have ageEnst only above. the person or otsanlzollon ahowln In the Schedulo abovo bcoause of payments we make.for Injury or 0024041003 Copyrlellt,Insurance Servicos O11be.Ino.,is9?. Paso 1 of 1 &nbsp; &nbsp; Page 441 Poltay No: *Allow -11-1� COMMERCIAL AUTO Named Tnsured: 1612efle•10n411p TIES ENpgRS)3iY MT CHAN'30 THP POLICY, PLEASii RW 1T CARUULLY, ADDITIONAL INSMD ALAS GNAT D FLIR SO i OR f oRGANjUT-1ON This endoraenlent}liodifio luSurnaco procldcd ruder tliotollawing: BTISXi�SS AUTO COVERAGE YORM C� SCHHFOUL-B Mavieot'Pcrson or Q��ga»izatla►: lgdAddc aUta� Uta f C as A led vo(nas,and agents seMnpu yfAdpne !oitegnf rTaoQagyfle nsmd,n al Insured. / NvHO IS AN INSURED(Section I])is alneudcd to include as an Insured the i,er6e11 or organization sltoNvn in the Schedute bnt 0111y%vitll aespeot to itability arising out of the o�vnarslup,n�aiuteneuco,or use of a covered"flute', CA76080789 &nbsp; &nbsp; Page 442 COMMERCIAL.AUTO POLICY NUMBER: CA o4 44 0310 THIS P_NQORSEMENT CHANGES THE POLICY. PLEASE READ 1T CAREFULLY. WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US (WAIVER-OF SUBROGATION) This andorsernenl mbdllles insurance provided under the following. BUSINESS AUTO COVERAGE FORM V BUSINESS AUTO PFIYSICAL DAMAGE COVERAGE FORM GARAGE COVERAGE•FORM MOTOR CARRIER COVERAGE FORM TRUCKERS COVERAGE FORM With respect to coverage provided by this endorsement,the provisions of the Coverage Form apply unless modi- fied b/the endorsement This endorsement changes the policy effective on the Incepilon date of the polloy unless another dale is Indicated belovi. Named Insuradt Endorsement Effeollve Date: 01291200 SCHEDULE Name(s)of Person(s)Or Orgealzattou(s): / the ft of Rancho Cmawrigs,its officers,olGdals, ernZyees,drsigosted volunteers and agents seMng as Ilnnddependent contractors to the We of City or Agency ofitrtals. Information required to complete this Schedule If not shown above,will be sWYA in the Deelarallons. The Transfer of Rfghts'Of Recovery Against Oth- ers To Us Condition does not apply to the person(s) or organlzalion(s)shown In the Schedule,but only to the extent that aubrogation Is waived prior to the"oo- cldenl"or the loss"under a contract with that person or organization. CA dd 44 0310 0Instirence Services Office,Eno.,2009 Page 1 of i it &nbsp; &nbsp; Page 443 CERTIFICATE OF LIABILITY INSURANCE AcctP. 0 2032262 GATE o�1110/91 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 ALTERTHE 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 poliey(igs)must have ADDITIONAL INSURED provisions or be endorsed. if SUBROGATION IS WAIVED,subject t0 the terms and conditions of the policy,certain polio-es may require an endorsement A statement on this certificate does not confer rights to the certill6ate1holder in lieu of such endorsement(s). PRODUCER cuT�T NAM PHONE FAX / E-IMIL INSURERS AFFORDING COVE AGE NAIC; INSURER A Ink-EIGuLpa, INSURED INSURER a: INSURER C .l.// INSURER 0 INSURER 6 INSURER P COVERAGES CERTIFICATE NUMBER: 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 lMOICATED.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 HEREW IS SUBJECT TO ALL THE TERMS. EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. LTR TYPE OF UISURANCE INSO VINO POLICY NUMBER paUOanm) (WIRIDNYIYI LVAIrS COYMERCULL GENERAL LIABILITY EACH OCCURRENCE I s GLARAS- L1 OCCUR DAAUGETOIEEIfTED s MEDEXPTAn meoeowi s PERSONAL B AOV INJURY S GEN1AG EGATELJMIT PIP fig EIR� GENERAL AGGREGATE S L]CY I IPT:T LILDc PRODUCTS•COMPIDP A S R HER: S AUTOMOBILE LIABILnY 8 aajdaM ANY AUTO BODILY INJURY(Pa,wsm) S OWNED SOHEDIII Fn BODILYIJ.IURY(Per io[JpFPI) S AUTOS ONLY AUTOS HIRED NON-0WNFN] JKiOPFATY pACMGE S AUTOS ONLV AUTOS ONLY S UMBRELLA LIAR OCCUR EACH OCCURRENCE S EXCESS LAB CLAMSVAADE AGGREGATE S Retewic.s S WORKERS COMPENSATION R OTH. AND EMPLOYERS I U a rry X TAT R N<IPROPR(ETOW.1RTNER'EAYCLR n'E nlCERMdUIEI EXCIUDEIr / NIA : � 1010112018 10J0112019 ELIACHAOCIDENT (MmIlakuy FIN) V IFr6F.dfyeF.OaWspO0 un3er t�/ EL dSEASE-61EMPLOYE FSCPJYUOX OF OPERAT10�5 bd- E.LascASE•PoucvuMT S 1,DOD,000 DESCRtPnOkOF OPBIATN)NSl LOCATIONS IYENICLEB[ACORp 1U1,A6dIUDAil p�malLA ScheduM Ru.TM Fg7tl,FE llnwn ipl,eL U•n;U}nd) Rue"web PROJECT CUY OF RAMGIO CUCAMONGA. ANFA OF SUOROGAIIOM IN FAVOR OF CRY OF RANCHO CUCAMOIgA,as OFROERS,OF/ iALs.EYPLoymi.Oe91GNATEO YOLUNTEERB,AMU DENTS RAVING AS INDEPEMDENI CONTRACTORS W THE ROLE OF MY OR AGENCY OFMIALB WI@/I RREEWIXED BY WRITTEN CONTRACT. V CERTIFICATE HOLDER CANCELLATION 2032252 CITYOF RANCHO CUCAMONCA ATT SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE 10500 Ate' J' THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN RANCANGHOO CC CENTER CUCAMONGA ACCORDANCE WITH THE POLICY PROVISIONS. R ,CA 91T30 C AUTHORITEO REPRESENTATIVE 01988.2016 ACORD CORPORATION. All rights reserved. ACORD 2S(2016103) The ACORD name and logo are registered marks of ACORD &nbsp; &nbsp; Page 444 Workers'Compensation and Employers'Liablilty Policy Named Insured Endorsement Number i Policy Number MORZ Symbol: RWC Number. Poky Pedod Effective pate of Eridersemenl int12m TO imit2olg 0611112019 Issued By(Name of Insurance Company) Ace American Insurance Co. Insedthe polcy number.The remainderof the information is to becompleled onlyvAen this endorsement Is Issued subsequeN,to the preparallon of the poncy. CALIFORNIA WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT This endorsement applies only to the insurance provided by the policy because California Is shown in Item 3.A, of the Information Page. 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,but this waiver applies only with respect to bodily injury arising out of the operations described in the Schedule,where you are required by a written contract to obtain this waiver from us. You must maintain payroll records accurately segregating the remuneration of your employees while engaged In the work described in the Schedule. Schedule 1. (X ) Specific Waiver Name of person ororganizabon: CITY OF RANCHO CUCAMONGA,ITS OFFICERS,OFFICIALS,EMPLOYEES,DESIGNATED VOLUNTEERS,AND AGENTS SERVING AS INDEPENDENT CONTRACTORS IN THE ROLE OF CITY OR AGENCY OFFICIALS 10500 CIVIC CENTER DRIVE RANCHO CUCAMONGA,CA 91730 ( ) Blanket Waiver Any person or organization for whom the Named Insured has agreed by written contract to furnish this waiver, 2. Operations: RE:Pv�PROJECT CITY OF RANCHO CUCAMONGA 3. Premium: The premium charge for this endorsement shall be INCLUDED percent of the California premium developed on payroll in connection with work performed for the above person(s)or organization(s)arising out of the operations described. 4. Minimum Premlum : INCLUDED Authorized Representative W C 99 03 22 &nbsp; &nbsp; Page 445 APPENDIX ITEM 3 PERMITS MINOR IMPROVEMENT(S) CONSTRUCTION PERMIT APPLICATION CITY OF RANCHO CUCAMONGA,ENGINEERING DIVISION Fax(909) 477-Z 7411 LOCATION I ADDRESS: MAJOR CROSS STREETS(2) NIO: SIO: E10: WIO: ESTIMATED DATES: If address is same as owners check this box ❑ START: FINISH: CONTRACTOR CONTRACTOR CITY LICENSE K: LICENSE#: EXPIRES: EXPIRES: ADDRESS (Coniraclors) TELEPHONE: CONTACT PERSON: FAX NO: Phone No: CONTRACTOR CONTRACTOR CITY LICENSE#: LICENSE#: EXPIRES: EXPIRES: ADDRESS(Contractor's) TELEPHONE: CONTACT PERSON: FAX N0: Phone No: PROPERTY OWNER OR DEVELOPER NAME TELEPHONE CELL HOMEIWORK ADDRESS(Owner's/Developer's) E-MAIL: Drive Approach `*2nd Drive Approach Applications Require Englneering and Pisnning Department Approval Dumpster I Roll Off Utility'french If trenching,flow many linear feet? Curb Core Other Insurance Requirements on the Back Instructions: A Provide (2) Sets of Plans I Drawings with application (please make note of existing I proposing improvements and labei which direction North is)can be hand drawn on 8 x 10 paper D Allow a Minimum of(2)Two Full Working Days for Processing Contractor(s) Must Provide Liability Insurance Certificate Naming the City as Additional Insured(City of Rancho Cucamonga,Attn:Engineering Dept,10500 Civic Center Dr.,Rancho Cucamonga,Ca 91730)with an Additional Insured Endorsement and Workman's Compensation Print Owner I Developer Rep's Name Owner's SIGNATURE DATE Print Contractors Rep's Name I Company Contractor's SIGNATURE DATE Print Contractors Rep's Name I Company Contractor's SIGNATURE DATE &nbsp; &nbsp; Page 447 b . PERMIT APPLICATION FOR TEMPORARY STREET AND LANE CLOSURES RANCHO Engineering Division Phone: (909)477-2740 FAX: (909)477-2741 NOTE: ALLOW 24 HOURS MINIMUM FOR PROCESSING MINOR CLOSURES(LASTING Ion 2 DAYS) ALLOW 7 TO 10 DAYS FOR PROCESSING MAJOR CLOSURES(LASTING 3 DAYS OR MORE) Engineering Construction ROW Permit No. (Required) Location: Proposed Start Date: Completion Date: Proposed Working Hours: Work Duration: Description of Work: Company: Phone: Fax: Emergency Phone: Address 1: City: Address 2: State Zip: Contact: Contact Phone: CHECK ALL THAT APPLY., Street Type: 2-Lane Street Multi Lane Raised Median Island Closure Requested: Partial Street Closure Full Closure Intersection Left Turn Lane Right Turn Lane Shoulder Adjacent Daytime Lane Closure Only _ Overnight Lane Closure Direction: North South East West Daily Working Hours Requested: Start Time End Time Is this an emergency repair project? Yes No Is this a"City"funded Capital Improvement project? Yes _ No FOR OFFICIAL USE ONLY: F uction Area Traffic Control Plan Required? Yes Noce Notification Signs Required? Yes No Comments/Conditions Received by: Date: I Approved by Inspector: Date: Advance Notification Signs Approved: Date: Approved by Traffic: Date: Rev.4108 lane Closure Permit App,doc &nbsp; &nbsp; Page 448 &nbsp; &nbsp; Page 449 Lemort Ave -ge Dr onsi era ion o CL Award Contracts I% C fapeland orPacific Elecu[ C d t t Trail ro i c s n rtt Rd � n` f P e t I r. A 4P.4 � LMD 2 & 4R o 3 t ' Par 0000 , viawila 0or RANCHO r� CUCAMONGA -+n Cenmr All-Amerin CRY Rancho NATI(-7NAI.C�fVIC:I��4iC;11�: Cucamonga 2 0 2 0 MODIFICATION FEATURE LEGEND: 1 Proposed deciduous tree planted in a rope attern_ � -��•;-.� � � � . 1� E-dsbrig onncr-ete head er to remain and to be protected in place. 1 E-fisting trees to remain and to to protected in place with the following Proposed pine trees. - _ noted ex•*ptions: 1) Eiusbng trees shall he removed if it is causing severe sidewalk uplift. 2) E-usting trees that appear unhealthy shall be evaluated and - Proposed .accent trees_ rerr uamd if necessary. RRA ARCH � � 3) All existing Liq uidam aar3 shall be removed f r f f DIE I Proposed exposed mulch graundcover areas_ 1� E�asting sidewalk to remain and to be protected in place with the f41 lovong L f { f f noted exoeptions: l Pn}posed low water use mixed planting areas 1) E-Asting co norete sha II be adjusted to eli mi nate grade issues from tree that i nclude oma mental grasses,to rF alternatives raot uplift. and low growing pra undcovers. 2} 1 n severe u pl ift cases, that portion of the sidewalk s hall he removed and See exhibit Suggested Plant Replacement re-poured. The offendinp trees shall be evaluated and removed if for LM a }areas. neoessa ry. E io-ba n ier shal I to added to these areas of concern. Proposed vi nes to be added where mu Ich is adjacent to pe rirreter era Ils_ 1 E-AsCK equestrian trail and fend ng to remain and to he protected in place. (D Proposed c nor-eU� header for plant material and decomposed g ranit-e separation- E-Asting perimeter walls to remain and to be protected in p lace_ Proposed decomposed g ran ite areas with accent hou Hers. 1 a E-fisting street curia and gutter to remain and to to p rotted in place. Existing hackg rou nd sh ruts to remain if plant material a p pea rs to he in good health_ Established shrubs are relatively low water use. .5 f f f f f (■rw'/i _ ill R A►N C H Y a � CUCAMONGA ¢ W • • '•f�{� � �_ �— /� •� k k f k k�.k f k•rr o f f � f k - f All-Amerin City f \ � k � f NATK)NAL C JVlC-'LFA;IJF _ ffff k r k f 4 2 0 �'] � 15 L 8' gomm;', - ' Base Line Road Medi _ ; ' '' #�° : ,. A� �:�� ,� •,;��� A � - . �{�. Terra Vista Parkway Median 9y 1. 9' Sip x �s1 ►'f i# ,y - •iyr• ;i 1 ,r.... - '�dr w 'y3-,y�. .;1.- _: ;' -'�.�',. 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Southern Side NA JF' CITY OF RANCHO CUCAMONGA 2 0 l 0 Fundin g Summar y LMD-4R Terra Vista Project — Base Line LMD-2 Victoria Project — Kenyon Road Way Plus Lark Drive Designer's Estimate - $395 , 000 Designer's Estimates — Kenyon Way Adopted Budget FY 20/21 - $400 , 000 $400 , 000 ( Base Bid ) Lowest Bid - $4051660 Lark Drive - $395 , 000 (Additive Bid ) Appropriation - $47 , 000 Adopted Budget FY 20/21 - $400 , 000 Lowest Bid - $633 ) 810 both Projects 001" Appropriation - $298 , 000 RANCHO NCAMONGA All-Amerin ISl) '16 [01 N&103 60 0, ZZ L Ik[a] P to[Let i 2 0 ItV 2 0 Staff Recommendations LMD-2 Victoria Staff Report LMD-4R Terra Vista Staff Report Approve the Plans & Specifications Approve the Plans & Specifications Accept the Bids Received Accept the Bids Received Award & Authorize the Execution of a Award & Authorize the Execution of a Contract of $633 , 810 to Contract of $405 , 660 to Southern California Landscaping Conserve Landcare Authorize the Expenditure of a Authorize the Expenditure of a RANCHO Contingency $64 , 190 Contingency $41 , 340 CUCAMONGA Appropriate $298 , 000 . 00 from LMD-2 Appropriate $"" 47 , 000 . 00 from LMD-4R Fund Balance Fund Balance All-Amerin CRY '10 L4 Rj R 0, WITIOL"MmUlIt III& Dwi 2 0 2 0 RAr NCAI All-Am 2 0 T 2 0 CITY OF RANCHO CUCAMONGA $l DATE: March 3, 2021 TO: Mayor and Members of the City Council FROM: John R. Gillison, City Manager INITIATED BY: Elisa Cox, Deputy City Manager Fabian Villenas, Principal Management Analyst Deborah Allen, Management Aide SUBJECT: Selection of a Delegate for the Southern California Association of Government's (SCAG) General Assembly. (CITY) RECOMMENDATION: Staff recommends the City Council appoint a member to serve as Rancho Cucamonga's delegate at the upcoming SCAG General Assembly. The Council may also wish to select an alternate delegate if desired, although it is not required. BACKGROUND: The Southern California Association of Governments (SCAG) is the nation's largest metropolitan planning organization, representing six counties and 191 cities in an area covering more than 38,000 square miles. SCAG undertakes a variety of planning and policy initiatives to encourage a more sustainable Southern California now and in the future. As the designated Metropolitan Planning Organization, SCAG is mandated by federal and state law to research and draw up plans for transportation, growth management, hazardous materials management, and air quality. SCAG is governed by the General Assembly which brings together the official representatives of SCAG's membership and helps set the agency's course for the coming year. The General Assembly serves as a forum where policy matters can be identified and addressed. Amendments to SCAG's Bylaws may also be considered at the General Assembly. In addition, members of the General Assembly also vote on SCAG's General Fund budget and SCAG's new President, Vice President and Second Vice President are announced for the upcoming year at this annual event. ANALYSIS: This year's Regional Conference and General Assembly will be held virtually on May 6, 2021. If a Member City wishes to select a Delegate to participate in the General Assembly, City Council action is required to appoint the Delegate. An Alternate may also be selected, however, it is not required. Each General Assembly Delegate (or Alternate) will be invited to the SCAG's Regional Conference and General Assembly event. If a City has a Council Member that serves as a Regional Council Member on the SCAG Board, that person is automatically the City's delegate, however, if an Alternate is also desired, they will need to be appointed by the City Council. Mayor L. Dennis Michael currently serves as a SCAG Regional Council Member and thus served as the City's delegate at last year's SCAG General Assembly. Mayor Michael has recently applied to be reappointed as a SCAG Regional Council Member. Delegates and Alternates are required to submit FPPC Form 700 Statement of Economic Interests to the SCAG office upon appointment. Page 450 FISCAL IMPACT: None. COUNCIL MISSION /VISION / GOAL(S) ADDRESSED: Participating in the SCAG General Assembly complements the City Council's Core Values by intentionally embracing and anticipating the future. ATTACHMENTS: None. Page 2 Page 451